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HomeMy WebLinkAbout2003-09-23 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 23, 2003 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd )< Cherie McCandless X o Mayor Robert Corrie 2. Adoption of the Agenda: tYP&i't:: as" a~cI;!t;0 x X Bill Nary Keith Bird 3. FollowRUp from September 9, 2003: Discussion with Lee Centers on Silvercreek Subdivision (fka Powder River Subdivision): (15 minutes*) C~1'"L-~ (}c.h~71 k>t>3 5 A: Executive Session per Idaho Code 67R2345(1){14: b-l.r: (60 minutes*) c..:&?v.hY/..~1 jU'/Lce c."n /1e.Far.- elC /L?-h<<W 4, IreJ6}.;{~f7~ tJf #/1e1h4l}~ )J1e~A-vd) pf' FIn~C"Vl'>-~,j: jJref~ed... * 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 - September 23,2003 Page I of 1 All materials prcsented 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 C[crk's Office at 888-4433 at1east 48 hours priorto the public meeting. October 10, 2003 - MERIDIAN CITY COUNCIL MEETING APPLICANT October 14, 2003 ITEM NO. ,t3-G REQUEST Approve minutes of September 23, 2003 Pre-Council 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 COMP ANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: vV ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the Cify of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 23,2003 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: x X Tammy de Weerd X Cherie McCandless X o Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve as Amended 3. Follow-Up from September 9, 2003: Discussion with Lee Centers on Silvercreek Subdivision (fka Powder River Subdivision): (15 minutes*) Continue to October 7,2003 4. Presentation of Alternative Methods of Financing: Presented 5. Executive Session per Idaho Code 67-2345(1)(c): (60 minutes*) Continue J place on regular City Council Agenda *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Mcridian City COllncil Agenda - September 23, 2003 Page 1 of 1 All materials presented at public meetings shall bccomc property of the City of Mcridian. Anyonc dcsiring accommodation for disabilities related to docllmenls and/or hearings please contact the City Clerk's Office at 888-4433 atleasl 48 hours prior to the public meeting, Meridian City Pre-Council Meetin~ September 23, 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 5:30 P.M. on Tuesday, September 23,2003, by Council President Tammy de Weerd. Members Present: Tammy de Weerd, Cherie McCandless, Bill Nary, Keith Bird. Members Absent: Mayor Robert Corrie. Others Present: Bill Nichols, Gary Smith, Stacy Kilchenmann, Brad Watson, Brad Hawkins-Clark, and Kenny Bowers. Item 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X o Mayor Robert Corrie Bill Nary Keith Bird De Weerd: Okay I'll go ahead and open this Pre-Council for City Council. It's Tuesday, September 23rd. It is 5:30 and we'll start with Mr. Clerk calling roll. Item 2. Adoption of the Agenda: De Weerd: We are going before I ask for adoption of the agenda ask Mr. Lloyd Ayers to come up and speak to item number four our, Executive Session. Ayers: Thank you Madam President. By way of introduction, I am Floyd Ayers. De Weerd: Floyd I'm sorry. Ayers: That's all right. I have spent a career with Seattle Northwest Securities Corporation financing local government entities throughout the state. Eric Herringer is the manager of the Boise office currently since I've retired and I'm with him tonight for this specific issue. The primary reason that I or we if you will would recommend an Executive Session is that we're simply not ready to bring anything out for public consideration at this time. What we're prepared to present tonight is concepts. Concepts in terms of different methods of financing capital projects at such point as the Council would receive one, a recommendation from an architect for a dollar amount based on a space study. At such time, we would be ready then to look at various concepts for financing then we would definitely recommend that you go public with that and bring the public into the discussion. Our whole premise tonight especially with an election pending our recommendation is that this not become an election issue over the next couple of three months and that we simply be allowed to talk about concepts. The way other entities in the state have finance their capital projects and some of the pros and cons to those. We'll talk about general obligation and judicial validation and Meridian City Pre-Councillvleeting September 23,2003 Page 2 of 27 COP'S and a number that are strictly concepts. There's no recommendation in there. There's nothing for the Council really to consider in terms of one of those particular concepts. We have no contract for you to approve so we're not requesting any action whatsoever by the Council. This is an education service primarily. I would be happy to answer any questions Madam Chairman or from you or any member of the Councilor Mr. Nichols. Nary: Madam President. De Weerd: Mr. Nary. Nary: Well everything you described Mr. Ayers is sort of backwards from what the public process is supposed to be. The general discussion of methods is supposed to be public when you're specifically looking at acquiring property that can be done in Executive Session. I'm not sure but what you've described to us doesn't fit in the statute. Because it is an election time even more so we need to be above board and make sure that, we're compliant with the statute. We should always be that way but the fact that it's an election season even more so is the reason to be sure that we are compliant. What you're telling me is because it's an election season you think it should be held in secret. Just the method of financing I can't think of what about that needs to be secretive but nothing in the statute grants us the authority just to address general concepts in Executive Session. Are wet alking a bout acqu iring a specific piece of property? I s that what you want to talk to us about? Ayers: Madam Chairman and Councilman Nary absolutely not. We are not - we have no property in mind. We're not even aware of what kind of space needs the Council will - and we're just not prepared to get into a discussion like that publicly. I can't object to what you're saying I can only say that if the Council feels that way and they want to do this in a public matter I would recommend that they tell us to go home and come back after November. The public will start to ask questions about how much space, what's it going to cost, what kind of financing method are you going to use? None of those answers are available and none of those will be available after tonight's session. We're perfectly willing to do this in the public arena but if the Council's feeling is that that's the direction we should go then you probably ought to tell us to go home and come back another time. Nary: Madam President. De Weerd: Mr. Nary. Nary: Yes I guess I don't see that anything you've said falls under the Executive Session privilege in the State Code to me. Now again certainly I'm only one person but I just don't see that it fits. I don't care. Again, it's what the rest of the Council wants to do as well but I don't care if we have this discussion in public. Meridian City Pre-Councillvleeting September 23, 2003 Page 3 of 27 We've talked about the needs of a city hall. We've talked about what we think we might need. We've set money aside in our budget to study that issue. We've talked about all that publicly. I'm not really that concerned that the public's going to ask questions. They should ask questions that's okay. That's not a problem and we shouldn't be shy about that. All we're looking at is future needs of the city in growth so I guess I don't have a particular concern in having this discussion publicly and I don't want to have you go away just because there's an election. That is a very poor message to send to our community that we think we need to avoid anything that someone might ask a question about between now and November. That's not a good message to me. De Weerd: I was just going to ask myself permission to talk. I think that we don't want to put the cart before the horse and so we have authorized some money to be used for a space study. Right now, we don't even know what kind of space requirements we're looking at and there's a lot of detail that will be probably ironed out over the next couple of months. r don't know Will's not here what kind of timeframe they have on that space study. Mr. Berg on the space study that we're doing right now and updating with ZGA have they put some kind of a timeframe in regards to when they might have information available back to us. Berg: Madam President, members of the Council I do not know if there's a specific date that they need to have that done. They did begin last week in gathering information and I believe this week contacting Department Heads. I think they're trying to get it done right away but I don't remember any specific timeframe on the contract. De Weerd: You know I think we do need information like that but I would share Councilman Nary's thing is is at this point it's all fact finding. It's what are our options and I guess I would be interested to find out from you in your relationships with 0 ther communities how they initiate these kinds 0 f things. I would suggest that we add to this specific thing. We do have reason to go into Executive Session to get a couple of other updates from our attorney but maybe we can add this to the agenda to have some preliminary discussions. When we have more information on space needs at least estimates on costs and we can have a little bit better information on how we want to proceed forward. I would be very interested to find out what other communities have done and initiating this process. I think we had discussed that prior too. Ayer: Yes. De Weerd: So if you wouldn't mind sticking around and we can some of this discussion if that's amenable to the rest of the Council. Nary: It's fine with me. They're already here. Bird: They're already here that's fine with me. Meridian City Pre-Councillvleeting September 23,2003 Page 4 of 27 Ayers: Madam Chaifman we serve at your pleasure so we're happy to stick around. If you decide that you would like our presentation in open session, we'll certainly do that. De Weerd: Well we hate to let a resource leave our door. Ayers: We'll come back. De Weerd: Well and that might be more appropriate when we have more information. I think to start the dialogue in the initial steps that would be a good thing for us to hear. Ayers: Certainly. De Weerd: Thank you very much. If you would like to go finish, your lunches feel free to and we will deal with 0 ur next agenda item. Thank you. I would accept a motion to adopt the agenda with amendments. Nary: Madam President. De Weerd: Mr. Nary. Nary: I would move to accept the agenda as presented except for item four would be amended to I think it would be b or I guess it maybe b or f. To band f and that also amend to an item I guess prior - I guess that would be now item five and we would amend item four to be a discussion regarding alternate methods of financing in regards to a city hall at some point in the future by Mr. Ayers and I can't remember the other gentlemen's name. De Weerd: Eric Henneman? Eric something. Nary: I thought it was Agerman but I guess - De Weerd: It's Eric. Nary: Anyway the gentlemen that were here if they would give us maybe not a 60 minute presentation. (Inaudible) motion accepted with the amendments. Bird: Second. De Weerd: Okay would you repeat that motion please? I have a motion to accept the agenda as Councilman Nary amended. All those in favor say aye. Okay all ayes. MOTION CARRIED: ALL AYES Meridian City Pre-CouncillVleeting September 23,2003 Page 5 of 27 Item 3. Follow-Up from September 9, 2003: Centers- on Silvercreek Subdivision Subdivision): Discussion with Lee (fka Powder River De Weerd: 0 kay item number three follow up from September 9th discussion with Lee Centers on Silvercreek Subdivision fka Powder River Subdivision. I assume we start with Dave McKinnon. McKinnon: Thank you Madam President. We missed you a couple of weeks ago. Just to catch you back up to speed again, it's the formerly known as Powder River project and I've got it up on the tripod here. It's basically 44 units in the county. This would be a county subdivision and we would be asking for a Rezone from the county. That's the reason why we're coming to you again was to talk a little bit about water and sewer services out in that area and connecting to the city sewer services is one of the major points. At the last meeting before we left, there was some direction from the Council to Brad Watson to write a list of questions that he wanted answers that we would give a response back to the Public Works Department and Public Works. You should have all received a copy of that. I see some nodding of heads. I haven't heard back from the Public Works Department in response to my letter and so maybe we need to have some time for Public Works to respond back to our letter tonight. You should have all received a copy of that. One of the other questions that came up at the previous meeting that you missed Tammy, was Councilman Nary requested that we talk with the Bear Creek Developers and find out what their opinion would be of us hooking on to the Bear Creek lift station. There had been some talk in the past about nobody else hooking up to the Bear Creek lift station. We have talked with the Bear Creek Developers and I'll paraphrase their response. Their response was we don't care what happens with the lift station as long as we still have the capacity for what we've been approved for. If there is additional capacity in the Bear Creek lift station they don't mind if someone else uses that but they want to make sure that there is capacity for everything that they've been approved for. In the future if there's a need to update or upgrade the pumps in the lift station or increase capacity we'd be willing to participate. I know that Bear Creek Developers are looking at possibly increasing capacity there too with future development. We would be willing to pay our fair share of the increase of that for the lift station. Bear Creek was not of great concern. In the meantime, besides the list of questions that we've answered we have talked to the Fire Department to find out about fire flows and to find out about their concerns with emergency response times. We would still be working with the Meridian Rural Fire District and I've spent some time with Joe Silva in the last week finding out about fire flows and what types of requirements he would have with this. In the past when this project has been discussed he has had the developer and the developer's representatives come to meetings with the Fire District and their commission. Joe has told me that based on the fact that we're only dealing with 44 lots now, as long as we can get the fire flow to 1,000 gallons per minute pressure and as long as the houses a re less than 3600 square feet ins ize he's 0 kay with the Meridian City Pre-Council IVII~eting September 23, 2003 Page 6 of 27 development. That this IS a development he could live with. He does not want to see this go back to tile Fire District again to their committee. He feels strong enough that this is a project that could work because of the small size. If you want, I do have the letter. I can go through the detailed list of responses. Some of the responses are more technical in nature something for the Public Works Department. I can got hrough those if you would like b ut just tor eiterate the major points that we have for this project is we're not trying to go past the city on this project and go straight to the county and ask the county to do this. We would like to do this with the city's approval. We're trying to meet all the requirements of the amendment that was recently made to the Comprehensive Plan that we provide for Park's impact fees that we would pay for the sewer connection fees up front that we would have deed restrictions and a note on the plat requiring annexation in the future when it's available. It would be dry line sewer connection to the city for the future. It's a project that requires some cooperation from the city because one of the things that the county requires for the rezone to the R-4 from the RUT would be your approval and connection to city services. We would be providing a well that's not connected to the city system right now. In fact, it would be two wells. One of the questions that Brad had asked was is there a need for two wells and the answer to that is yes. DEQ requires two wells. One for backup just in case there's not enough pressure from the first well if you have more than 25 homes and so there would be two wells here. In the future, we would give the city the opportunity to purchase this well and we talked a little bit about how that would be worked out. Lee has given me just a discussion draft option agreement as to how that could be worded and I'll give that to Mr. Nichols so that he could have a chance to review that just so that you know that we're trying to work with the city. That in the future we can give the city the first right or refusal on that well so that when the city does reach that point this well could be purchased by the city and brought into the rest of the city water system. I'll go ahead and hand this to Mr. Nichols. In addition to that, I have a copy of a water facility agreement that City of Nampa has signed for a similar type of situation where the water system is outside of the City of Nampa's limits but they're providing some services to the well. It's a project that they've recently approved. If we can get the 44 lots in this subdivision rather than developing it at county standards we would be developing it to city standards so that when the city does annex out there it's inevitable that city services will be there and that the city is going to grow that direction. We've seen the majority of the growth in the north but sooner or later, it will go to the south. The sewer treatment plans show for the Black Cat Trunk to extend to this are in the future. That when this develops rather than having to mesh with the county subdivisions that are already out there. You would have a city standard subdivision that would be able to mesh with the city standards right away rather than have an entrance into a subdivision that's built to county standards and then have city standards follow through the rest of the subdivision. This would provide an equal meshing. Basically, the one thing we're asking for the city to do is grant us the ability to request a rezone to hook up to the sewer system of the city and provide some sort of agreement with the water system in future. For that, we're asking for 14 additional homes rather Meridian City Pre-Councillv.eeting September 23, 2003 Page 7 of 27 than the 30 homes that we could ask for under the RUT zoning for the entire property. We're just asking for some sort of support from the city for our rezone. That rezone would enable you to have a subdivision that meets the city standards and you would receive the benefits of this project as if it were a city subdivision. You get your park impact fees and your sewer fees paid up front even through it's a county development. Did you have any questions at this point? De Weerd: Council? I guess I would ask - and you probably went over this last time is what is different about this request? McKinnon: The major difference between this request and previous requests is that we would limit this development to 44 units. In the past, it's been 30 units up to 455 units but the 40 units in the past meant that we would be approved for 40 units in the county and then every year we could come back in for additional units. Now we're proposing a Non-Development Agreement or a Development Agreement depending on how you want to label that that would limit us just to the 44 units until sewer services and water services become available from the city. Rather than asking for an approval of a project that could continue to grow in the county we would be limiting it to only 14 more homes than what we could typically get approved for in the county. Then we would be done until sewer services come from the city. That's the major difference. De Weerd: So just the addition of extra houses a little bit over and above what he would be able to do with the cluster development? McKinnon: That's correct. With a cluster development, we could do 30 houses in the county under the RUT zoning. De Weerd: So 14 more. This way what we gain from that is we gain park impact fees and development to city standards. McKinnon: That's correct, curb, gutter, sidewalk, and fire hydrants. De Weerd: And then with the well site how is that working? McKinnon: How does the well site work? We would procure the water rights. We would develop the well, build the well, and operate the well. We would hire a private company to maintain the well and to operate the well. The only thing that we would require from the city is for the city is for the testing of the well for DEQ standards and Central District Health standards on a monthly basis or as required by those health districts. We would have somebody maintain that and operate that because it would be a private system that operates separately from the city's system. This would not connect as a loop system with the city at this time. In the future, as the city annexes out in that area this would be a well that would be built to city standards. The city would be given the opportunity to Meridian City Pre-CounciIIVlt~eting September 23,2003 Page 8 of 27 review the plans for the well to make sure that it meets the requirements of DEQ and the city. As the city develops out in that area, they would have the option to purchase the well. Currently, a well in that area without such an agreement jf Lee was or if we were to build a well in that area, somebody a private service company could come in and purchase that well such as United Water. This way jf the City of Meridian has first right or refusal the city would be able to continue to maintain their - I guess it's not their monopoly but they would be able to control the services in their service area. Nary: Madam President. De Weerd: Mr. Nary. Nary: Mr. McKinnon just so I'm clear you said that no further development would happen until city services available but you want to hook to sewer now. McKinnon: Slack Cat Trunk I'm sorry. Nary: Okay so you're talking about the rest of the services not just the sewer. McKinnon: That's correct the rest of the services as Slack Cat Trunk extends down to that area. This wouldn't have a pull on your police force at this time because this would still remain in Ada County and so we haven't contacted the Meridian Police Department for that reason. As far as public services it's one of the major issues would just be the sewer system coming from Slack Cat because the water system could hook up to the existing water system that the City of Meridian has. That's the way it's worked with Silverstone and other projects where they've built the wells and the city is coming from behind and purchasing those wells. Nary: I guess my other concern is is that the development here, I mean for it to become part of the city it appears that every time in the past a discussion is sent around the annexation path to get there since it's on the I guess the west side of Kentucky Ridge. I guess I'm trying to figure out in our crystal ball when do we realistically think we're going to be able to annex this property. My concern is is we're going to have these people on sewer with a note on their plat and maybe in their CC&R's and 10 years from now when we go to annex them because we finally are contiguous it's the 3 rd owner since you developed t his property and they don't know anything about what's on that plat anymore. Now all of a sudden we're in a big dogfight with these people over being part of the city. I guess I just don't want to be in that fight. That's not really a question I guess I wonder what your thoughts are about that. It just seems like that's one of the issues that Boise has wrestled with for years. McKinnon: It's a good comment to make. I know that the subdivision you bring up Kentucky Ridge actually has a note on their plat that says that once sewer Meridian City Pre"Council Ivu~eting September 23, 2003 Page 9 of 27 service becomes available they will require annexation into the City of Meridian. There is some availability of sewer in that area and Kentucky Ridge could forcefully be annexed into the City of Meridian. T hat would create a path for annexation to the project that we're talking about It's contiguous to the parcels that we're talking about tonight. Right now, we're only talking about a very small portion of the overall development We're talking about basically 17 or 18 acres for 44 units but this is a much larger project in the long run. Something on the same scale as like a Tuscany Lakes, you know the 400 plus units could possibly be placed in here. One of the comments that you recently as a Council approved in t he amendment to the Comprehensive Plan was t hat a ny development that takes place outside of an area that are annexable would be that you require that that subdivision or that deed has a restriction placed on it that says upon being contiguous, they would annex. Your own Comprehensive Plan allows for that. Vienna Woods was handled in a very similar manner and there are some cat and dog fights that do happen once people realize that they have to connect to the city but it's something that it should be disclosed during the process of buying and purchasing a house. If it's a deed restriction, it's required to be disclosed at that time. The Comprehensive Plan addresses it and the City of Meridian has done it in the past One of the things that we may need to look into is on the legal side if Mr. Nichols, your attorney has some additional options with that. Some other ways to make sure that people realize that that's going to happen you know we can make sure that happens. In addition to that, Lee, as being the owner of this property in working with us we realize that we only can do 44 homes until those services get there. One of the requirements of the Development Agreement could be that the remainder of it is annexed into the city at that time if even be tied to a Development Agreement. The remainder of it - it's annexed at the same time as the remainder of the property. There are numerous ways that we could go about doing that and safeguarding it. There might be some political will that is needed to make that happen just like with all these other developments but it's something that has happened in the past It's in the Comprehensive Plan and we're just trying to abide by the Comprehensive Plan for that. I '. De Weerd: I think we almost need to put up signs like we do on our stub streets. This will be extended and you will be annexed. People don't really always look on the plats and I probably would have been one of those at one time. It's very difficult and even in a disclosure type of situation when you're signing already 50 pages of paper work it gets by most homeowners. I guess my other concern is going to be this well site. You know as established by an independent and I think we've had this conversation before with Mr. Centers and discussing when we build a well we give hook up fees to it. It helps defer that cost and I'm sure, Mr. Centers, you're looking at that as well. That's also built in the expense or the cost 0 f that well site. It helps defray t hat With him building the well, getting those costs and then already our ratepayers and our taxpayers lose if we depreciate and it appreciates. Have you worked with staff in answering - I don't like the vague well whatever the price is at the time, I think we need to be a little Meridian City Pre-Councillvleeting September 23,2003 Page 10 of27 bit more specific. We have been in a couple of situations lately where well sites seem to be a great profit venture. I just don't understand this but I'm starting to get a little leery of this well site business. Have you worked with our staff in trying to get close to at least some perimeters on that? McKinnon: Let me answer that in a couple of ways. As far as working with staff on that right now, we've worked with staff on a lot of different issues. That's one of the issues that we really haven't spent a great deal of time on. It looks like Mr. Nichols right now he's looking at something. It might actually be the option agreement that I handed to him to review tonight. The interesting thing about land and the whole path for annexation issue we've talked about if it takes several years from now before the path for annexation becomes available land value in Meridian has not stayed stagnant. It's skyrocketed. If we were to look at a purchase price right now, for what the land is worth six years from now it could be doubled what it is. I remember when I started here we were looking at a land value per acre. People were paying 30,000 dollars. By the time, you know up until six months ago people were purchasing land for development at 50,000 dollars an acre. That's a huge jump in just about three years time and it's going to continue to go up. If we're talking about purchasing a well six years in the future of today's development price that land value has gone up. The cost of construction has gone up so there has to be some way that the value of that well can appreciate with the value of the land. One way to offset the cost that you talked about for the hookup fees for that well would be the fact that the homes that are in existence right now on that well would not be - those homes wouldn't pay hookup fees. In the future if it became part of the well system the remainder of this development the other 300 odd homes in this development could be required to pay hookup fees to that well if it becomes a city well. There's no offset on the hookup fees because we're only allowing 44 homes to hook up to that well and it's a well that we're paying for. The offsetting of hookup fees in the future if the city purchases that well they could recoup the other homes in the areas to hook onto that well and hook onto the water system. The idea of the well depreciating in value over time there may well be some depreciation to that well. That's the reason we would have an independent appraiser come in and say this is what the value of this well is today rather than this is what the value of the well was when you built it five, six or seven years ago. Just one final thought on the well system. I haven't been a number of private wells that are built to community standards but I do know typically that and Brad and Gary can help straighten me out on this if I'm not correct. I belive that we probably could build it for a little less than what the city could at this time. There may be some offsets on that. De Weerd: Well I guess whatever offsets you would have it sounds to me from what you said will be offset with the increase in the value of the land so I don't see where we would be coming out ahead on this one. Meridian City Pre-Councillvlt:'leting September 23, 2003 Page 11 of 27 McKinnon: I guess there's a little bit of paradigms shift that would need to take place rather than the city losing and somebody else winning. I guess we would be looking at it as a win, win situation. We're not looking at selling this to make a large profit. We're looking at putting this in right now to be able to have the development for 44 homes. In the future, the well could be used for that. The city is not required to purchase this well in the future. There's no requirement the city would have to purchase it. If the city wanted the well, they could purchase it and an agreement could be made to purchase that well. The city would have the first right or refusal on that well. De Weerd: But I think we would be setting ourselves up for something that we probably don't want to get into. ] would like a little bit more thought into this one specific. I don't know how t he rest of the Council feels but I've been told we would get fair value and boy I think our perception of fair is much different from the person who was offering that fair deal. McKinnon: We would be happy to work with staff. If you guys have a way that would be fair to you that you would believe is something that would work we would be happy to look at it and take a look at it. We would ask that you take a look at what we've given to Mr. Nichols tonight and have his opinion as to what that was. If you guys have any other way of doing it that, you think would be equitable towards everybody we're more than happy to listen and take a look at it. We're not looking at trying to make a great killing 0 n this well we're really looking at developing this land as these 44 units right now. The well is something that's required for us to do. Bird: Madam President. De Weerd: Mr. Bird. Bird: Dave I have a couple of questions regarding the well. I'm like Tammy it really concerns me. Actually you say you know you're going to give us a good deal but if it's 10 years down the line all that equipment has been 10 years of use. The line has been 10 years of use and I don't know what kind of life we get out of that stuff and how much the deal is. I can't see where a well property goes up. If we do annex you the right of first refusal is null and void because as a city we're not going to allow anybody in there but us. You're not going to go over and sell it to United Water because they're not going to be in our systems. I don't - these well sites and stuff have - and I understand where the developers are coming from don't get me wrong. I know that you guys have to pay more for your land and stuff. In the same token these wells that are put in is to your benefit whether the city puts them in or whether you put them in. I'm positive you guys can do it cheaper probably than we can. I'm absolutely positive but I also think that ten years down the road that we're inheriting something that there could be problems line, pumps and everything else. They've had wear and tear on them. You say you're going to hire a private company to run the well for you out there. Meridian City Pre.Council tVleeting September 23, 2003 Page 12 of 27 I don't know what private companies they have around here. I know there are well companies like United Water or the one that's over in Weaver Sub in Boise and those like that. They actually own the well and they get the money in and stuff on it. Now who's going to be responsible for the maintenance and how good are they going to take care of it. The city we take care of ours. United Water takes care of theirs but some of these small ones get the money and run. McKinnon: I can address a couple of those issues. About the well and one of the thoughts I had as you were talking, was that there is a possibility that if the city wanted the well now for the future there's a possibility that the city could take over the well after the well is built so that any depreciation, maintenance, operation of that could be in the city. Hookups from that could be right now for the city. It could become a city owned piece of property that's outside of the city and that we could do it that way. That would solve a lot of those questions that you have because we would be purchasing it for what the value is today, The operations maintenance would handle that in the future. The question that you asked about who would maintain that there are several different organizations in town that do that. I happen to be a close acquaintance with one of those people and you may know him as well. Randy Dearden, Public Work's Director at the City of Garden City. He actually operates 16 different well systems for subdivisions in the county and in the valley. He and his staff Tom Meele they meet all the requirements for all the certifications and requirements for operating and maintaining those systems. That's probably who we would be contracting with. There are very qualified people that deal with the operation and maintenance of that. Until such time as the city purchases the well the operations and maintenance of that well should something break would go back onto the owner of the well which would be the subdivision at this time. If Mr. Centers decides to keep ownership of that or if he sells that to someone else there would be you know an agreement that the owners and assigns, heirs and assigns whoever owns it would be responsible for that until such time as another organization takes over responsibility for that well. Bird: Madam Chairman. De Weerd: Mr. Bird. Bird: That brings up another item David. You know you said that until - or he sells it or something. These people whoever he sells it to and stuff has to know that once that goes in the city they no longer own that well nor will it be of service to the subdivision. We've never allowed another one to come in and as long as I'm on here, we're not going to. Once you're in the city, you're going to be on city water. McKinnon: Lee's got something - an answer on that. Meridian City Pre-Councillvleeting September 23,2003 Page 13 of 27 Centers: Lee Centers. I would like to answer a couple of questions. If there's a dispute on the price of the well the city would have it appraised, I would have it appraised and that spells out that we just meet in the middle. It would be the land value goes up but some of t he equipment would actually be depreciated you're correct. Some of those motors depending on how many hours it's got on there they wouldn't be worth what they were when we put in. To solve the problem about the maintenance I'm in an agreement and cities can do it. You can go outside of your city limits and you can do the O&M on these it's not difficult. We would be good to do that so that you knew how it was taken care of during the time that - until you decide to do it. The well is probably going to go - it will go from LC to either the city or the Homeowners Association. Often times the Homeowners Associations, take it over. If they were to take it over they have to assume the same and that spells it out in there. They have to assume the same agreement that I have with the city. It just means if it works if it's a fit when you come out there then you just take it over and we would come to an agreement. De Weerd: But Lee what happens I know that there's been situations where a Homeowners Association can dissolve itself with the simple majority. If you have a Homeowners Association that decides that they don't want to exist any longer who would take over that 0 and M responsibility. Centers: That - I had my attorney draft that and he didn't just create it today. It's some stuff that he found. I believe that spells that out there for quite a few what ifs. Since you're in a position to be able to take, it over if something should happen you would have the first stab at trying to fix a problem if one did arise. I did want to mention too a couple of things. You know as the wells or land prices go ups 0 do your impact fees or so do your water hookup fees. That should coincide with any increased prices. I mean your water hookup fees are higher today then they were ten years ago and your well prices are higher today then they were ten years ago. That should coincide with the cost of developing these wells. De Weerd: I just think it needs a little bit further study. I appreciate where you've been and where we are today. I think we've come a long way. I still don't think we're there with this well site and I want to know - I would like to have some kind of analysis done on if we do it and what - a cost analysis on what's being proposed versus if we do it and how that would effect our rate payers. I think eventually it's going to affect our ratepayers but I have - that's just a guess. I would like a little bit more concrete numbers on that. Bird: Madam President. De Weerd: Mr. Bird. Meridian City Pre-CouncillVleeting September 23,2003 Page 14 of 27 Bird: I would concur with you on the deal. I know that Mr. Centers needs to get this decision right away. I would like Mr. Nichols to look over this agreement. I think, in my mind this agreement has a lot to do on that well. I believe if it is full, proof like we hope it is that protects the city, and then I don't see too much, I can see also, so many things coming up on that well ten years down the road that if we're not protected that we could wind up and so could Mr. Centers wind up losing our shirts on the thing. I would like Mr. Nichols to have time to study it and come back with an opinion on it and see if he thinks it's full proof for us. De Weerd: What is the timeline Mr. Centers, you're working with as far as when do you need a decision from the city and how does that effect what you have in front of the county? Centers: We don't have anything in front of the county yet. If Mr. Nichols would review that document we would perfect that. When you are satisfied with it then maybe we could proceed. I would be much willing to do that. De Weerd: Okay so right now you're just fact finding and trying to get a better feel from the Council on where they stand. I would like to hear from the - McKinnon: Madam President, members of the Council we basically have some timeframe rather than just an open timeframe. The city is working with the county right now for the county to adopt the new Comprehensive Plan. That's one of the timeframes that we're working with is that we'd like to have this in prior to that adoption. It really doesn't make a big difference. One of the things that they have with that is that if we don't submit in that time if we don't have some sort of sense of approval from the city we would rather submit for a cluster subdivision under the old Comprehensive Plan rather than the new Comprehensive Plan at the county. De Weerd: Okay. Mr. Watson did you have something? Watson: Yes if I could interject into the whole discussion. I know you're focused on the well lot and rightfully so but I think there is some other bigger picture issues and I don't mean to direct your thinking on this whole topic that have come to mind since this was originally proposed two years ago. We talk about sewer service and you know it's very easy to put in some dry line sewer and pump it down somewhere else but as Mr. McKinnon pointed out early in his conversation Bear Creek is already looking at other property and pumping into that lift station, Just yesterday, I received a call and a fax from another property that abuts Mr. Centers eastern boundary asking how to connect to the sewer and if we don't let them connect to the sewer how do they build a community sewer system. We're looking at this issue of the well and operation of the water system within these 44 lots but I'm trying to look at the whole area out there and what's really going to happen to us. My short two and a half-page memo to Dave has turned in with his comments to about eight pages because I've responded to those and I just got Meridian City Pre-Councilllileeting September 23,2003 Page 15 of 27 those done this afternoon. I didn't have a chance to get them to you. There are still some issues and still some questions not only around the well lot. The private operation versus the city operation of the water system is huge. Whether we can do it financially is it even wise to do it. If we don't do it and a private provider comes in what is the realistic mechanism for us to come in and take that over given the likelihood of annexation someday. Vienna Woods and Edinburgh were brought up. Those were a little different because at that time, we did have authority over the platting procedure to the county but we no longer have that. Once you approve a Development Agreement and approve providing sewer and water, you're d one. We don't have t hat plat anymore to look a t any 0 f these things. Those are just a few of the things. I've kind of got a couple of pages of notes here. There are a few things to work on. I can put together my responses to Dave's letter. I guess in the long run I would be - does the Council want a recommendation memo from Public Works - Bird: Yes. Watson: -- in the end. It's obviously going to take some time. We need to review these documents that they've provided to Mr. Nichols. This isn't going to happen in two weeks I don't think. Some kind of financial analysis on this well in itself if I had nothing else to do would probably take a week to two weeks just to provide - to hear the figures and to go over it with Stacy. I guess my point is this is a big thing not just a well lot. De Weerd: And not much has changed as far as some of the concerns that were brought up originally this is just a smaller version of it. Watson: Council member de Weerd if we have to provide water to 400 lots or 44 lots or sewer we still have to figure out how to do it. It's a different way but we still have to figure out how to do it and we have to figure out how to make it a long-term solution from this little tiny short-term solution. The one final point, that I'll bring up and I guess I'm editorializing a little bit but it's very difficult and frustrating for staff and I think for the public when they come in to talk to us about these properties to give an answer. We don't know what to tell them - ***End Of Side One*** Watson: -- we have not recommended approval of any community water or sewer systems any interim solutions but it's getting more difficult to tell them that. Especially this woman that called me yesterday I didn't have an answer for her. I said well this is on the agenda tomorrow night you're welcome to attend and listen to what we have to say. De Weerd: Now Brad what is the timeframe. I know with the Black Cat sewer line going down you're bringing that to the interchange or to 1-84 is that correct? Meridian City Pre-CouncillVleeting September 23,2003 Page 16 of 27 Watson: Well Council member de Weerd the current scope of the project brings it to Ten Mile Road. De Weerd: To Ten Mile. Watson: Conceivably we could change order our contract and bring it to the north side 0 f the interstate if E astbou me 0 evelopment provides u s with a site plan where they want it to go. That's the only space left to go but they don't have a site plan 0 n it (inaudible) so we can't really negotiate for an easement with them. De Weerd: What is the timeframe even on the Black Cat Trunk. Watson: The current project it's intended that it would be operational late summer early fall 2005. De Weerd: 2005, so providing service south of the interstate can still be at least 2005 and then depending 0 n what E astbourne does and how the interchange comes out which is as early as 2007 at the earliest development in that area of town is not even possible until after that? Watson: Council member de Weerd I'll give you the same line I give everyone that comes in asking about property. The current project is what I told you slated to be done 2005 it brings it roughly to Ten Mile Road. We don't have any more of that project in any capital improvement plan. If a group of developers decided to bring it along that would be up to, you folks to approve that sort of project but the city itself doesn't currently have any plans and I can't guess as to a year. De Weerd: Well it sounds like there still needs to be some discussion and certainly give staff time tor espond tot he letter that you wrote 0 avid a nd see where we're at. We can put this on our agenda. It sounds like two weeks would not give you sufficient time Brad? Watson: Council member de Weerd I can respond to Dave's letter tomorrow. It's drafted now but it has more questions in it. I feel like we're going to go back and forth here for a while. Ultimately you want a recommendation memo. There are enough questions and issues here I don't know what the timeline is. If it's two weeks a month or two months. It seems like every time we have questions more things come up. If you wanted to put it off for two weeks and see where we are, we can see what we can put together. De Weerd: Council. Nary: Madam President. De Weerd: Mr. Nary. ! Meridian City Pre-Council Nleeting September 23.2003 Page 17 of 27 Nary: I guess I don't know that we have a lot of options at the moment other than a couple of weeks. I do think Mr. Centers deserves an answer within a reasonable time. He has brought together a good project that is very attractive to what we would like to do but there are concerns. I think we all understand that I don't know if we're going to have an answer to him at all, I mean I really don't. I don't think you know M r. C enters owned that property for a long time and we have an obligation to serve it or not have it in our impact area. We've had that discussion before too. I think we do need to keep this before us at least to the point where we can say well we can't do anything more than where we are. I think two weeks is our next meeting and I think we need to keep it in the forefront at least at this point. I guess I would ask that we continue it for two weeks and we'll see where we are. I think if we let it get off this radar screen, it's not very fair to Mr. Centers. I think we have to be fair to what he would like to do and he deserves an answer as well. I think at least today that's the best we could do. De Weerd: Mr. Centers. Centers: I just want to say you know I've worked on this for a couple of years. I've taken a number of different stabs at it. There is capacity for the sewer out there. You've - policy has been changed for different projects. The well can be worked out. What he's got I mean nothing is full proof but it gives you all the legal rights to do what you had to do out there. If they don't annex I mean you can shut their sewer off there are all kinds of things you can do. If you don't I mean it's a quarter mile from city limits. When you approved Kentucky Ridge, I had my attorney make sure that it said when services were available which is 300 feet that Kentucky Ridge would be annexed into the City of Meridian. You go tot he county they don't want to do it. I f you guys wou Id annex Kentucky Ridge like it was supposed to be I'd have my annexation route, I would have water and sewer stubbed to the property. I have to do something with it. It's a quarter mile from city limits and if you keep coming up with all these reasons why you cannot service this then you're going to get acreages. There's nothing else I can do about it. De Weerd: And I think that needs to be part of the staff's recommendation. We've said it before Lee, it needs to be a matter of what we do here and how we can - our ability to serve this piece of property or not and how long that would be and what you're willing to deal with. We need to service it in a reasonable amount of time. If we can't do it it shouldn't be in our area of impact and then you do need to do your acreages or whatever. I know from a planning perspective it's best to have the urban densities because you have other properties around there but I think those are all considerations that need to be brought into staffs recommendations when they bring them back to us. Centers: You know going back to Kentucky Ridge I remember when I came in front of the city and said why don't you annex Kentucky Ridge and they said Meridian City Pre-CouncillVleeting September 23,2003 Page 18 of 27 because they didn't have sewer capacity. That it's wandering going into another drain, which is two thirds of Bear Creek. I mean we're not - this isn't fair we're not playing by the same rules. Year after year, it's always something else, something else and you know now we're focusing on a well that could easily be - you can go out there and do the 0 and M on it. You'll know what you're dealing with, you'll inspect it, and you can approve the drawing. De Weerd: I think what you'll always find as the first person in is always most heavily scrutinized because we don't have a policy on this. We haven't - our policy has been not to do this and so even that you've gotten this far I think is that our staff is trying to work with you on this. Let's see what we - we do need to move on with our agenda but let's see what we can work out in the next couple of weeks. Dave's very familiar with the issues that we deal with on the city side as well so maybe we can get a lot done in these next two weeks. Centers: Okay. De Weerd: Okay. Centers: Yes. De Weerd: Thank you. Item 4. Presentation of Alternative Methods of Financing: De Weerd: Okay item number four is discussion of bonding options and I have no idea how Councilman Nary added it to the agenda. I think I'll just open it up to Floyd and have him come up and talk to us about how we can look at capital projects and different funding mechanisms, funding choices that are available as well as how do you initiate the process of looking at these things from a citizens perspective. I'm sorry I didn't know Eric or Floyd which one of you. Ayers: Thank you Madam Chairman just one little bit of background. We met with the Mayor in late August and talked about some of these concepts, At that point, we were invited to speak to the entire Council in Executive Session. That's why we came tonight prepared to do that. I understand Councilman Nary's concerns a nd comments. I can't argue with him. T here is a provision in the statutes for property and for personnel issues in Executive Session but not financing that I'm aware of. We're prepared to do that we just wanted to say to the Council it's not our goal to make it an election issue, We'll either make the presentation tonight or we'll come back in November and make the same presentation at the Council's pleasure. De Weerd: I don't think - we've already had a presentation from someone else less than a year ago about different funding. It's all in line of as we do our future planning and look further down the road where we're going and how we're going ( Meridian City Pre-Councillllleeting September 23, 2003 Page 19 of 27 to get there. What mechanisms are in front of us that can help us achieve that. Again, this is all part of fact finding it shouldn't become a campaign item other than we realize that we have a number of capital items in front of us. Not just a city hall but a 4th fire station. This conversation I think can have great benefit to us in any regard. Ayers: All right. Thank you Madam President. We're prepared to proceed. Eric did he leave. Eric has prepared a discussion of the various concepts and if we may, we'll let him run through those concepts. There is some experience with each one of them since I've been here doing this for over 30 years that I would be happy to relate based upon the Council's interest. With that, Eric Herringer. Herringer: Thanks Floyd. Madam Chairman and members of the Council my name is Eric Herringer I'm with Seattle Northwest Securities. I think Floyd and I will tag team this to some degree because like he said there is some specific experience that he doesn't always necessarily recall to me until it comes into this mind. I'll probably learn a few things as I go through this as well. I thought initially a bout talking a bout some 0 f t he initial project you k now where do you start. J mean do you start with the studies, the space studies and where - trying to figure out what your revenue sources are and how you can afford them. The more I thought about it I thought it would be best to talk about the financing options first because that actually leads into geez, to go forward with the financing option and talking about finance you really need a good solid plan behind you. Then to get that solid plan takes the sort of working with different advisors, staff, and engaging the public and so forth. Financing options in Idaho typically take the form of a bond. The most common bond you're going to fine is a general obligation bond voted by the public two-thirds majority. What it does is it authorizes clear legal authority to issue the debt and go into debt. It also authorizes a property tax separate from any other property taxes specifically to repay the debt. You probably already know these things. Of course, you have a revenue bond but really, in talking about a city hall project doesn't really fit into the revenue bond or the LID bond so I really was concentrating on the general obligation bond or some other mechanism to finance city hall. The great thing about a voted general obligation bond is that you get the lowest interest rates you could get. T here's not necessarily another mechanism that will get you lower interest rates. Probably your lower financing costs because you basically have something that investors throughout the country w ill buy your universal buyers that will you loan you money is the largest. You can get a very high bond rating therefore you drive down your cost. Now, that doesn't necessarily mean that you need the levy the full tax to repay that obligation. You can pay from any other legally available sources perhaps the general fund, perhaps cost savings that come in from consolidating services into one facility if you take the city hall for example. You can consolidate services you can get rid of some facilities you are leasing. You get some efficiencies not having the drive time between different facilities. You can kind of figure out how to capture those things and use that money to help pay the debt so you don't have to rely on property taxes Meridian City Pre-Council fvleeting September 23,2003 Page 20 of 27 completely. Maybe you are able to defray that and in building your financing plan to be able to build that in so that when you talk about what its going to cost a taxpayer if they vote for a bond it would be less than it might otherwise be because you have those other internal revenue sources that perhaps come available. There's lots of examples of that, Floyd and I were talking about the Ada County Courthouse and when they consolidating the county facilities in the courthouse there was a variety of cost savings because they no longer had some lease facilities and just like the things I talked about and they were able to use those to show you know fairly big chunk of the debt would be made up of those cost savings. So general obligation bond doesn't necessarily mean you have to levy the full property taxes for that. The other option falls, there are many options under this option. There's a new sub option under the certificate of participation, which is really like a lease purchase. I believe the city has been involved in the lease purchase for the police station. We call them certificates of participation because what you end up selling is participation in these lease payments it looks very much like a bond. You have a lease purchase, you make lease payments. There is an interest in principal components of the lease payment and it gets passed through to the investor, it looks like a bond. At the end of the lease term you can purchase the facility for one dollar and you own it free and clear. The certificates of participation typically will require some sort of legal authorization. That usually takes the form of judicial conformation. These issues I know are nothing new to the Council, I would imagine in terms of with the city of Boise City and the police station that they took before judicial conformation were denied which says a couple things. It's not a given that you will receive judicial conformation and it's important to make sure what you are asking a judge to look at is structured properly and that you have a good legal argument. With the certificate of participation you really are just looking for the legal authority to do something. You are not getting any new revenue source. So you sort of have to say, I have the money where I c an find the money with cost savings with the growth and the tax base things like that, I just need the legal authority to go ahead and do this lease purchase. Why do you need legal authority to do it? The constitution limit on that can incur a long-term liability without a vote of the people. Lease purchase says this is subject to annual appropriation therefore its not a long-term debt, city could just walk away from the facility not appropriate. You need to make the document subject to do that. De Weerd: Now Eric you can take that to the vote of your citizens and they could pass that using that same funding method. Herringer: Sure. You can pass it - Floyd correct me if I'm wrong. But you can pass the lease purchase concept and say no it was not subject to annual appropriation we're going to commit to these lease payments for 20 years or however long and ask our voters to approve it, still be two thirds. Another thing you could ask the judge to do and that has been done a few times and that is to not ask if the subject to annual appropriations is not long term debt but ask about if its ordinary or necessary. If the constitution has a provision of ordinary or Meridian City Pre.Councill\",:~eting September 23,2003 Page 21 of 27 necessary and you can occur that so you wouldn't have a subject to annual appropriation but it's h-ard to imagine a lot of facilities. I mean it's a pretty strong task, it's hard to imagine a facility that could get the ordinary and necessary test, if its not essential service like water sewer type services and you see that a lot with revenue bonds for water and sewer where its essential service and it needs to get done. Once you get the judicial validation you end up like I said being able to sell something that looks very much like a bond and with some marginal increases in your issuance costs you can get interest rates that are pretty similar to a general obligation bond. You have the additional situation of property tax liability on the facility. Recently citizens have sort of in Ada County have said hey these facilities are lease purchased are actually owned by a trustee and that trustee is leasing the facility to the city. Therefore it's a for profit organization that technically owns the building they should be taxed. The trustee really is acting as a pass through. They're not you know - they're going to pass that lease payment or that property tax liability back to the entity that's using the facility. Therefore, that's an additional cost. It's pretty clear to identify the property tax liability which if you put it in to your overall (inaudible) cost now significantly increases how much it costs to finance the facility over a general obligation bond. De Weerd: But that would be in your financing plan so all of those costs would - Herringer: Yes you would have to bill that in and now you have another layer of costs that you would have to get to put on top. That money's going to come back to the city right because like I said that's property taxes that flow back. I would - you know. De Weerd: And various other tax amenities a portion. Herringer: A portion you would be - yes, you would just get a portion of that back. You can do a COP without judicial validation and you have a lot of legal risk if you do because there's easily someone could come a nd challenge and bring a lawsuit. Nichols: Actually they have the legal risk because if it's null and void then we get to keep it and they don't get to collect. De Weerd: Thank you for that clarification Mr. Nichols Herringer: We don't necessarily want to take that risk but you know you could try to go out and negotiate with a private party and say here are the issues this is the legal risk are you willing to take it on. You have to pay more for risk and so your borrowing cost again would go up. You would probably have to pay a significantly higher rate to go do that. I would bet you would be challenged and things wouldn't be so good. I don't know if I want to go in to all the different mechanism ways you could sell that. Again, there are all various ways of finding buyers who are willing to take that risk or put that risk on somebody else other ( Meridian City Pre-Council fVleeting September 23,2003 Page 22 of 27 than the city or the underwriter. 6320 financing you may have heard that concept. 6320 financjng stands for the 20th ruling of this I RS of 1963. I either made that up or I heard it somewhere. It allowed entities to do - it basically was a way to promote public private partnerships to eliminate the burden of government. That's a pretty fancy thing to say what does it mean. It means that a developer could come in and build your facility because maybe they have a stake in the area around the facility that they want to develop. They - it allows that developer to essentially access to tax exempt financing so they can lower their borrowing cost and therefore deliver a project potentially cheaper than they could otherwise. With 6320, you would have to set up a non-profit organization and essentially the non-profit organization would buy the facility outright from the developer and be the entity that issues the tax-exempt debt. Essentially, it provides that - that's how the developer gets the tax exempt financing because you have this non-profit set up. It's a 501 C3 and there are a lot of entities that actually provide a turnkey service in that developer financing sense. It still hasn't changed the underlying lease document the city would still need to have a lease purchase agreement with the non-profit. That lease purchase agreement would still need to be somehow authorized legally. It's an option and it's something that should be covered. Wet alked a little bit a bout urban renewal and potentially having an Urban Renewal Agency involved. The Ada County Courthouse had CeDe the Urban Renewal Agency of Boise issue the debt and they're leasing the facility to Ada County. That could work. Again, you would have that lease agreement between the two entities but it might be a way around now having another tax exempt organization have title to the facility so you don't have that property tax liability. I think you could make the same argument with the 6320 by having a non-profit be the entity that has the facility title to the facility so you avoid that property tax issue. Again, I think you know it goes back to in a Judicial Confirmation for anyone to be able to take the risk on that. Those are kind of the general concepts of financing mechanisms that that we thought about. Again, we go back to the general obligation bond and say well hey if you have the revenue and you can actually afford to finance a building without the additional property tax or minimize that additional property tax wouldn't it be great if you could just do the general obligation bond. Because you get lower interest rates and it's just those two thirds. We kind of get into the concept of geez if you could package this correctly and if you could develop a good plan and identify these cost savings, identify revenue sources it could help you pass that bond issue and that you could essentially either eliminate or defray any of the additional property tax. Another alternative from a revenue source is how can you turn this facility into something that generates revenue. Is there a way to grant space to another non- profit or another governmental entity that needs space in the area you know and work that into the plan so you have some revenue coming in that helps offset the debt again. At this point, I'm going to probably go to well where do you go from here in terms of developing plans so if there's any question on the issuance process I would be happy to - at least the debt options that are available. Bird: Madam President. Meridian City Pre-Councillvlceting September 23,2003 Page 23 of 27 De Weerd: Mr. Bird. - Bird: Eric what - I know that you met with the Mayor and what kind of dollar values were we talking about for bonding. I have a real problem if we can - I would sooner do like we did with the Police Station to be truthfully to finance if it's not - because I heard some rumors that it was quite a bit of money to pay that had been discussed. I don't know. Do you mind - what was the dollar value you were talking about? Herringer: Dollar figure for the new facility? Bird: Yes. Herringer: We really haven't been - we haven't really talked about - you know I think that that whole plan is still in development. If someone does have a number then I would - Bird: What kind of interest are the bonds (inaudible) right now. What kind of interest are we getting (inaudible) for? Herringer: Sure yes on a 20 year issue right now and this is if you got a Geo bond voted and you would probably pay a net effective rate of somewhere - and this is at the quarter basis point so a quarter percentage point 2;; basis points cushioned and the number and that's what I ran. You're probably looking somewhere around 4.35 percent as a net effective rate all in. If you backed out that quarter point, you would be looking at something more like 4.10. Rates were - we were doing 20-year general obligation bond issues for cities two months ago in the neighborhood of 3.80 as a net effective rate. It actually came back up a lot higher than what we are at now because I have to always double check myself. When I say 4.10, I can't imagine I can't believe I'm saying that. They were higher a couple of weeks ago but they've actually started to get back a little. I think most people think that rates are going up though. We've sort of - that the leading economic indicators are suggesting we're kind of getting out of this recession. In fact it's going to leave rates pretty low pretty for awhile until the unemployment picture turns around but you know is it likely for rates to be higher six months from now than they are today I would say you know I would say yes. There are no guarantees but you know I think the general trend is an upward rate environment. Bird: And you know you brought up the Boise deal getting turned down well any citizen would be or judge would be stupid to - if you're going to pay 20 million dollars in interest alone. That isn't good financing. That's not - I mean you pay your building a 15 million deal and buying 35 million for it. That's not good financing. You know say like we probably need - we're just guessing and we've had these space analysis before like our city hall we probably need about 50,000 Meridian City Pre-Council J",,~eting September 23,2003 Page 24 of 27 square feet to build to plan for the future. Not that we need all that right now but you know to plan for the future. I don't know why we would need over 70 million dollars or something like that as a bond. Is that - that's feasible isn't it to have that small - I mean I realize the larger the project the better the bond interest and stuff. Herringer: Well and we're talking in conceptual terms here and you know I realize was thinking about these options from a conceptual standpoint. Just general projections on a 10 million-bond issue right 20-year finance you know the kind of numbers with that quarter basis point cushion built in you're probably looking at an annual payment of somewhere around 750,000 dollars a year. Again, that's with t he general 0 bligation both. What does that mean 0 n a tax base of two billion, 2.3 billion the tax rate per thousand is pretty minimal 33 cents per thousand on a 1 OO,OOO-dollar home that's 33 dollars. That's 10 million. If the projects eight or seven that only goes down. It's fairly affordable. If you've figured out cost savings so that you actually could - only half of that had to come from the tax base now you're looking at a lot less. Bird: Yes you hit up on that. I don't know what we're paying a month maybe Stacy does. I have a feeling we've got to be paying probably 20, 25,000 in leases a month. Kilchenmann: (inaudible) well the Public Works lease the square footage went up so about 28,000. Bird: About 28,000? You're looking at 300,000 or so there, that could be made towards a payment. We have to budget for right now. Like you said Eric, we wouldn't have to get all of them through the million dollars right off the bat if we could do that. Herringer: Yes and probably now is a good time to say that it's again, in a way, a little early to be talking about what the best financing mechanism is without knowing necessarily what the project is. It's really - conceptually you start with what are your needs and how do you develop those needs. A professional comes in and does the space planning, talks to staff and those types of things. Gets sort of that laundry list of things people want and of course, that gets paired down. How does it get paired down it gets paired down with meetings with you know citizens finding out - this is typically this is sort of what I typically experience in other places is you know there's some public involvement. You end up with a package that you know you're not going to get 100 percent agreement typically but you have something that's been well thought out. There has been some thoughtful dialogue not only with staff but also with community. You have a package that you feel pretty good about and you have a dollar price you can look at what the financing projections are and try to figure out what those revenue cost savings are where the other revenue is coming from potentially. New revenue if you're able to lease out part of your facilities to another entity. Meridian City Pre-Council tvleeting September 23, 2003 Page 25 of 27 Then you have your financing package you have your conceptual designs and this is the space this Js going to happen, here's why we need it, here's all the benefits and here's how much it's going to cost. Whether you take it at that point out to the vote of the public or you say geez we really need this and we think it's okay to go to a judge and ask the judge to allow us to do this. Those decisions I think it made after you have some dollars in front of you in a project. De Weerd: Well I think you're very true when you say you know there's a lot of information that needs to be done before we get into specifics. This was - we're not really sure the goal of today and it's unfortunate that the Mayor couldn't be with us. I guess I would like to maybe tap into your expertise on the steps of involvement and as we update our space study and as we look to plan for serving our public in the most efficient way in the future how to set that process in motion. How we can also initiate public involvement at some point what would fit into your financing plan so you can identify those internal revenue sources and where we could gain some cost savings. Certainly there are a lot of things that need to be placed in motion but from your experience how have these processes been initiated. Herringer: Floyd if you have an immediate answer for that I have a couple of thoughts. You know my initial impression is that to get something in front of people that has sort of been developed by - you know go out and get an advisor to come in and do that space planning and figure out what the needs are. You figure out if a facility is efficient, you know and let the consultants' kind of work with staff to figure out that efficiency piece cost effective piece. Get something that has some fairly concrete ideas but some reasons behind it. Those reasons being the efficiencies and the cost savings. That sort of helps you get an idea of where these revenue pieces could come in. Then you have something that maybe has some other options together with it that you could take out and start engaging the public. Whether it's through public meeting processes, forms and things like that. Those are my kind of initial thoughts on how to get something sort of moved along to a point where people can actually look at it and start making comment 0 nit because enough thought has gone into something that there is some reasons why it's where it's at. I don't think I said that very well. De Weerd: No I think you did. Ayers: I would have one thing - De Weerd: Floyd can you - Ayers: Thank you Madam Chairman. Normally our experience has been that Council did whatever review process you're comfortable with to hire your team. Get your architect on board, your bond council, and your finance team and then make them work together through staff to come to you with recommendations. Because the goal is to give you the most efficient space possible with the lowest Meridian City Pre-Councillvleeting September 23, 2003 Page 26 of 27 bond paramount that we have to go to the market with. In concert with that, you want the capital market to want to buy your bond. We have to make sure that this credit is something that the investors will look at as something a prudent person would buy for their portfolio. If we can do that, we'll lower your interest rates. It costs you no more to get your team together up front, than if you try to wait and just bring them on as you think you need them. Our recommendation would be to review. If you want to hear from other finance people or other bond attorneys or whatever but make those selections and then make them work for you. Thank you. De Weerd: Council any questions? Okay Floyd and Eric thank you for your time. Herringer: Thank you Mr. Chairman, members of the Council we appreciate it. Floyd just you know tries to commit me to do work. Thanks a lot. De Weerd: Thank you. Ayers: Sorry for the confusion. I think we came under a little different pretext of what we thought we were going to do. Nary: No problem. De Weerd: No problem at all. We appreciate you being here. Ayers: Thank you. De Weerd: Thank you. Item 5. Executive Session per Idaho Code 67-2345(1)(c): De Weerd: Well Council we still have an Executive Session but we can put that at the end of our regular agenda. Nary: You were reading my mind. That was what I was going to ask if we could do and then we can take five minutes before we start. De Weerd: Okay do you have a motion Mr. Nary. Nary: I would move that we continue what would be item five on the Pre-Council Agenda to the end of our Council Agenda. We'll also when we get to that move to amend that agenda to include the Executive Session. That's a motion. McCandless: Second. De Weerd: Okay it's been moved and seconded to move the Executive Session to our Regular Agenda. All those in favor say aye. ( Meridian City Pre-CouncillVleeting September 23, 2003 Page 27 of 27 MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Okay I would take a motion to adjourn. Nary: So moved. McCandless: Second. De Weerd: All those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 10 /;41 ttJ DATE 7?~~_ .e 1t1!~ ~. f?rd/~ U""~ L#~~ltlllll{1 ' :; ,\,\~~ Of MERI/"'" ~~. .........' :'\ '\ VL,., l'i... ~... a ~poR.<i --r"'b....~ .. L d_ f ~O~TTE;~: ~ ~' /<3 /~ I ~ SEAL ~LlAM G. BERG, JR., CI Y ~ 6->:: :. Q ,,OJ 0 2 ~"Yo uSI lS1 . ...('.f '/ ~ ;r. ....... ......11 Cou ,[ ~ "....... /1(( NT l' \\,\ II{ . '11\ Idllll! lillI" *>1< TX CONF t, .r I ON REPORT ** AS OF SEP 25 '03 17:34 PAGE. 01 C1TY OF MER1D1AN 05 tl6 DATE T1ME TO/FROM 09/25 17:26 lDAHO ATHLETIC C 139/25 17:31 3810160 MODE EC--S EC--S MIN/SEC PGS 01'32" 13135 02'37" 005 CMDl:t STATUS 188 OK 188 OK ~--------------------------------------------------------------------~---------------------- CITY OF MERIDIAN PRE.COUNCIL MEETING AGENDA Tuesday, September 23,2003 at 5:301'-01. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd ~ Bill Nal)' ~ Cherie McCandless 1- Keith Bird --'2- Mayor Robert Corrie 2. Adoption of the Agenda: tZ/pv-e (lJ' a~(:(..... 3. Follow"Up from September 9, 2003: Discussion with Lee Centers on Silvercreek Subdivision (fka Powder River Subdivision): (15 minutes*} {!~..,.,.;u. ()r;;kw71 "k;()3 5.4. Executive Session per Idaho Cod~ 67-2345(1)~: v-l:.f (60 minutes*) (..~a~/ jJl4ce I7n I"<pa.-v CIC 4~4 4. jJf~Je-J-/a:h~ oJ' 1J/k1N(.lJl;~.. fi1U!w'Jt.(j pi F;n'cv1'-~_~ ,treSe.-...iecL *Approximate allowable time setfor agenda item may change depending on discussion. Please use the deSignated minutes as a guideline only. Meridian City CQ~il Agenda - Scp1.m~er 23, 20U Poge I or I All TMleri~l:: pro[ontd st public Illctlillg5 shall bor:omc property anlte City ofMcridt:m. Anyone de<itinp; :lCtolnlllodM;on fur diSllbi!itics rela!ed 10 documen~' .ndlor he.1ringS pl",,-'e COlltilct the City Clerk'~ Office at 338-4433 ~t l<<J~t 48 bOllr:; prior 10 tl,e public meeting. ( MAYOR Robert D. Corrie ,J">. .oU;;;dl~~~t \ JDAHO ~ J ;::/ qmc, . .1903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500. Fax 887-1297 BUILDING DEPARTMENT (208) 887-221 [ . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888.6854 CITY COUNCIL MEMBERS Ta.mmy de Weerd William L. M, Na.ry 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, September 23, 2003 at 5:30 P.M. The Meridian City Council will be discussing the following agenda items: - Follow-Up from September 91 2003: Discussion with Lee Centers on Silvercreek Subdivision (fka Powder River Subdivision) - Executive Session per Idaho Code 67-2345(1)(c) The public is welcome to attend the meeting. DATED this 19th day of September, 2003. ,\III\\!lll!!!I!!. \,\. ,- t\;.,.... III ,,".1 O~ ill ":....}Itr,. 11,,-,. ......,..... /"\...~ ....,._.,.............................' ''-~~..1 c!' ~.~/ .....:::.... ~"00.?G'~i;> '-1" >;;., Sh(lrm~ }1~~/ ~'ff!!j~') WILLIAM G. BERG, JR. -~I~'(~h RK I '$5)Q l -;. '-:) ......... 'S"r 15'1, / ,'.;, " -:'j.- 'Y'l ,.~--..::-..,./ if:. 0~ . .." /r.. (":i.-., ~.:",,) y'" '//.~.' -.~r...;.f);-....;1-...-l 1 '<, ,."\...~' '1.':.1. ~~ .,\.~\\~~ . I:. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433 City Clerk Office Fax (208) 888-42J8 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 ** TX CONFI~ flON REPORT ** AS OF SEP 26 '03 09:11 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS EC S 00' 25" 001 119 OK 04 0<;1/26 09: 10 Laure 1 -- _ _____________________ --------------------------------------------------------------------- - MAYOl~ Robert D. Con'ie Pt&:tsc 1'ost W ?~~i 'ltt/11{ -Tht-vn,tS! LEGAL OEPARTM5NT 4.. ,C \.lOS} 4GG-1)272. FAX 4ti(,.4405 oW;t:ITYOF' L~!,., . . PARKS&RECREA'l'lON . J :" ." (2HH) S6~-3S7';) . F~~ S9$-SSOl enoLiaH 1; \, PUBLIC WORKS , (20K) 69S.$5oo, F.1< S87.l2~7 \ .>. 10/\1"10 iY ~<'....~ q;...f.Y BUILllING DE.PARTMENT ~._ (208) S87.2211 . F'a.~ 887.1297 ~~JiB . IM[ PJ.,ANN1NG &. ZONING 'iiU (105) 884.55:;3 . F"l( S6a.6~sd CITY COUNCIL MEM8F.RS Tal11my de Wet:rd Wtlh:un 1-. M, Nnl'Y Cheri~ McCancllcss Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GWEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, September 23t 2003 at 5:30 P.M. The Meridian City Council will be discussing the following agenda items: - FolJow-Up from September 9, 2003: Discussion with Lee Centers on SUvercreek Subdivision (fka Powder River Subdivision) - Executive Session per Idaho Code 67-2345(1)(0) The public is welcome. to attend the meeting. , \ ~ \.; \ I ! II t r It ~ '/ \\\. "::r.~,..,.. III ~'\"4. Or .,,'l:.....:;}(', 11/,.. \h .........' ~ ............---~.J:,.~~l .....,... DATED this 19 day of September, 2003. .:;,,- Ci O~l'O.'(.l ;:;.:<~" <;.. w~ R ~('-o \ .~ 2harlY7~ IUfJt.l ~ j1 ~ WILLIAM G. BERG, JR. 3plX~h.., RK ,,~?~jo l '~ lb \,,""S)",$I ,/.',," .,' ~" ~1 ,--_....~..<:...~... :~ '';," C01 n.l-"'! ,.' ".::: "/"~tJt I~.l ~ ~.;.....~.:,':., 33 BAST mAHO AV.tiNUE' MERIDIAN. iDAHO 83642' (208) 888-4433 CilY Clcl'k Office F~, (208) 3a8-4~ll) . H\lm~l1 R~s<)\lrces Fax tWS) 81l4-S723 . Fi,,,,,,~~)1, ,,,,,,," """'-.. - j \ CITY OF MERIDIAN, IDAHO STATEMENT OF NET ASSETS September 30, 2003 Primary Government Governmental Business-type Component Activities Activities Total Unit ASSETS CURRENT ASSETS Cash and cash equivalents $ 1,384,212 $ 2,471,378 $ 3,855,590 $ 27,276 Investments 11,079,325 36,278,994 47,358,319 Receivables Accounts (net of $28,154 allowance for enterprise fund uncollectibles) 311,744 1,392,749 1,704,493 Property taxes 7,154,165 7,154,165 Assessments 6,164 6,164 Due from other governmental units 680,239 680,239 Interest 44,241 173,016 217,257 Prepaids 9,396 891 10,287 10,371 TOTAL CURRENT ASSETS 20,663,322 40,323,192 60,986,514 37,647 NONCURRENT ASSETS Restricted cash and cash equivalents 512,730 512,730 Restricted investments 2,451,573 2,451,573 Capital assets Land, infrastructure, and other assets not depreciated 7,636,947 3,601,549 11,238,496 Buildings, improvements and equipment, net of depreciation 10,557,881 67,555,411 78,113,292 TOTAL ASSETS $ 41,822,453 $111,480,152 $153,302,605 $ 37,647 See accompanying notes - 12 - CITY OF MElUDIAN, IDAHO STATEMENT OF NET ASSETS (Continued) September 30, 2003 Primary Government Governmental Business-type Component Activities Activities Total Unit LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accounts payable $ 547,400 $ 1,012,670 $ 1,560,070 $ 11,365 Accrued payroll and taxes 362,563 139,321 501,884 Accrued vacation, current portion 39,649 9,741 49,390 Interest payable 44,267 44,267 Deferred revenue 7,017,396 7,017,396 Customer deposits 138,309 159,200 297,509 Capita11eases - current portion 360,000 360,000 TOTAL CURRENT LIABILITIES 8,509,584 1,320,932 9,830,516 11,365 NONCURRENT LIABILITIES Accrued vacation - less current portion 356,839 87,672 444,511 Capital leases - less current portion 2,960,000 2,960,000 TOTAL LIABILITIES 11,826,423 1,408,604 13,235,027 1 1,365 NET ASSETS Invested in capital assets, net of related debt 14,874,828 71,156,960 86,031,788 Restricted for: Park improvements 979,169 979,169 Capital improvements 2,510,327 2,510,327 Police center debt service 400,947 400,947 U nres tricted 11,230.759 38,914,588 50,145,347 26,282 TOTAL NET ASSETS 29,996,030 110,071,548 140,067,578 26,282 TOTAL LIABILITIES AND NET ASSETS $ 41,822,453 $ 111,480,152 $ 153,302,605 $ 37,647 See accompanying notes - 13 - CITY OF MERIDIAN, IDAHO 8T A TEMENT OF ACTIVITIES Year Ended September 30, 2003 FunctionslPrograms PRIMARY GOVERNMENT GOVERNMENTAL ACTIVlTIES General government Administration Public safety Law Enforcement Fire Department Parks and Recreation Community Planning and Development Interest on long-term debt TOTAL GOVERNMENTAL ACTIVITIES B USINESS- TYPE ACTIVITIES Water and wastewater TOTAL BUSINESS-TYPE ACTIVITIES TOTAL PRIMARY GOVERNMENT COMPONENT UNIT Downtown development Expenses Charges for Services Program Revenues Operating Grants and Contributions Capital Grants and Contributions $ 2,142,079 $ 224,684 $ $ 33,800 4,482,470 491,445 14,940 1,500 2,450,270 635,578 1,000 852,761 66,429 644,024 1,662,207 2,444,619 228,391 151,050 11,740,837 3,862,755 14,940 908,715 7,236,564 8,137,676 4,075,519 7,236,564 8,137,676 4,075,519 $ 18,977,401 $ 12,000,431 $ 4,090,459 $ 13,494 $ $ 40,425 General revenues Shared revenues Property taxes, levied for general purposes Franchise fees Sales tax and other governmental Unrestricted investment earnings Net increase (decrease) in fair value of investments Miscellaneous Gain (loss) on sale of fixed assets Transfers - internal activities 6,761,326 6,761,326 $ 7,670,041 $ TOTAL GENERAL REVENUES AND TRANSFERS NET ASSETS - BEGINNING CHANGE IN NET ASSETS NET ASSETS - ENDING See accompanying notes -14- Net (Expense) Revenue and Changes in Net Assets Primary Government Governmental Business-type Component Activities Activities Total Unit $ (1,883,595) $ $ (1,883,595) $ (3,974,585) (3,974,585) (1,813,692) (1,813,692) (142,308) (142,308) 1,010,803 1,010,803 (15] ,050) (151,050) (6,954,427) (6,954,427) 11,737,957 t 1,737,957 11 ,737,957 11,737,957 (6,954,427) 11,737,957 4,783,530 26,931 6,088,008 6,088,008 610,892 610,892 1,875,184 1,875,184 443,132 1,205,773 1,648,905 (19,690) (134,938) (154,628) 46,656 28,275 74,931 48,759 10,606 59,365 303,014 (303,014) 9,395,955 806,702 10,202,657 2,441,528 ] 2,544,659 14,986,187 26,931 27,554.502 97,526,889 125,081,39] (649) $ 29,996,030 $110,071,548 $140,067,578 $ 26,282 See accompanying notes -15- CITY OF MERIDIAN, IDAHO BALANCE SHEET GOVERNMENTAL FUNDS September 30, 2003 Total Capilal Goverrunental General Projects Funds ASSETS Cash and cash equivalents S 1,384,212 $ $ 1,384,2]2 Investments 9,576,947 ],502,378 11,079,325 Receivables Accounts 311,744 311,744 Property taxes 7,154,165 7,154,165 Due from other funds 1,119 1,119 Due from other goverrunental units 680,239 680,239 Interest 37,599 6,642 44,241 Prepaid items 9,396 9,396 Restricted assets Cash and cash equivalents 512,730 512,730 [nvestments 1,446,825 1,004,748 2,451,573 TOT AL ASSETS $ 2],114,976 $ 2,513,768 $ 23,628,744 L1ABILfTIES AND FUND BALANCES Liabilities Accounts payable $ 545,078 $ 2,322 $ 547,400 Accrued payroll and taxes 362,563 362,563 Due to other funds 1,119 1,119 Deferred revenue 7, II 6,905 7,116,905 Customer deposits 138,309 ] 38,309 TOTAL LIABILITIES 8,162,855 3,441 8,166,296 Fund balances Reserved for park improvements 979,169 979,169 Reserved for capital improvements 352,084 2,510,327 2,862,411 Reserved for police center debt service 400,947 400,947 Reserved for fire truck purchases 577,274 577,274 Reserved for overpass construction 1,394,351 1,394,35 ] Unreserved 9,248,296 9,248,296 TOTAL FUND BALANCES 12,952,121 2,510,327 15,462,448 TOTAL LIABILITIES AND FUND BALANCE $ 21,114,976 $ 2,5]3,768 $ 23,628,744 See accompanying notes ~ 16 - CITY OF MERIDIAN, IDAHO RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET ASSETS September 30, 2003 Fund balance - total governmental funds Amounts reported for governmental activities in the statement of net assets are different because: Capital assets used in governmental activities are not financial resources and therefore are not reported in the funds. Some ofthe property taxes receivable are not available to pay for current-period expenditures and therefore are deferred in the funds. Long-tenn debt is not due and payable in the current period and therefore is not reported in the funds. AcclUed vacation is not due and payable in the current period and therefore is not reported in the funds. Jnterest on long-tenn debt is not due and payable in the current period and therefore is not reported in the funds. Net assets ofgovemmental activities See accompanying notes - 17 - $ 15,462,448 18,194,828 99,509 (3,320,000) (396,488) (44,267) $ 29,996,030 CITY OF MERIDIAN, IDAHO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES ~ GOVERNMENTAL FUNDS Year Ended September 30,2003 Total Capital Governmental General Projects Funds REVENUES Taxes $ 6,091,150 $ $ 6,091,150 Licenses and permits 2,226,880 2,226,880 Intergovernmental 2,525,702 2,525,702 Fines and forfeitures 306,407 306,407 Charges for services 2,004,653 2,004,653 Interest 368,748 57,057 425,805 Miscellaneous 27,110 27,110 TOTAL REVENUES 13,550,650 57,057 13,607,707 EXPENDITURES General government 1,997,384 1,997,384 Public safety 6,374,297 6,374,297 Community planning and development 1,64 7,121 1,647,121 Parks and recreation 641,234 641,234 Debt service Principal 345,000 345,000 Interest 155,650 155,650 Capital outlay 1,329,660 180,304 1,509,964 TOTAL EXPENDITURES 12,490,346 180,304 12,670,650 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 1,060,304 (123,247) 937,057 OTHER FINANCING SOURCES (USES) Operating transfer in 303,014 585,467 888,481 Operating transfer out (585,467) (585,467) Unrealized gain (loss) on investments (8,565) 2,886 (5,679) Sale of capital assets 197,863 197,863 TOTAL OTHER FINANCING SOURCES (USES) (93,155) 588,353 495,198 NET CHANGE IN FUND BALANCES 967,149 465,106 1,432,255 FUND BALANCE AT BEGINNING OF YEAR 11,984,972 2,045,221 14,030,193 FUND BALANCE AT END OF YEAR $ 12,952,121 $ 2,510,327 $ 15,462,448 See accompanying notes - 18 ~ CITY OF MERIDIAN, IDAHO RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTrvITIES Year Ended September 30,2003 Net change in fund balances - total governmental funds $ 1,432,255 Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlay as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which capital outlays ($1,515,364) exceeded depreciation ($874,250) in the current period. 641,1 14 Capital assets contributed by developers are not a source of financial resOurces and thus, are not recognized in the governmental funds. 228,391 In the statement of activities, only the gain or loss on sale of assets is reported, whereas in the governmental funds, the proceeds from the sale increase financial resources. Thus, the change in net assets differs from the change in fund balance by the net book value of the assets sold. (149,104) Some property tax revenue in the statement of activities that do not provide current financial resources is not reported as revenue in the funds. (3,142) Repayment of long-term debt principal is an expenditure in the governmental funds, but the repayment reduces long-term debt in the statement of net assets. 345,000 In the statement of activities, accrued vacation is measured by the amounts earned during the year. In the governmental funds, however, expenditures for these items are measured by the amount of financial resources used. This is the amount by which benefits earned exceeded benefits paid in the current year. (57,586) Interest expense accrued but not paid reported in the statement of activities does not require the use of current financial resources and therefore is not reported as expenditures in governmental funds. 4,600 Change in net assets of governmental activities $ 2,441,528 See accompanying notes - 19 - CITY OF MERIDIAN, IDAHO STATEMENT OF NET ASSETS- PROPRIETARY FUNDS September 30, 2003 ASSETS CURRENT ASSETS Cash and cash equivalents Investments Receivables Accounts (net of$28, 154 allowance for uncolIectibles) Assessments Interest Prepaid items TOTAL CURRENT ASSETS NONCURRENT ASSETS Capital assets Land Construction in progress Improvements other than buildings Sewer and water lines Machinery and equipmenl Less accumulated depreciation TOTAL ASSETS LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accounts payable Accrued payroll and taxes Accrued vacation Customer deposits TOTAL CURRENT LIABILITIES NET ASSETS Invested in capital assets, net ofrelated debt Umestricted TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS See accompanying notes - 20- Enterprise Funds Water and Sewer $ 2,471,378 36,278,994 1,392,749 6,164 173,016 891 40,323,192 432,848 3,168,701 18,338,490 57,436,50 I 8,970,502 (17,190,082) $ 111,480,152 $ 1,012,670 139,321 97,413 159,200 1,408,604 7],156,960 38,914,588 110,071,548 $ 11],480,152 CITY OF MERIDIAN, IDAHO STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND NET ASSETS- PROPRlETARY FUNDS Year Ended September 30,2003 Enterprise Funds Water and Sewer OPERATING REVENUES Charges for services Water revenues Sewer revenues Sale of meters Latecomers fees Engineering fees Miscellaneous $ 3,004,203 4,022,917 274,105 387,379 449,072 28,275 8,165,951 2,868,549 1,123,316 2,146,864 676,025 421,810 7,236,564 929,387 1,205,773 4,075,519 10,606 (134,938) 5,156,960 6,086,347 6,761,326 (303,014) 12,544,659 97,526,889 $ 110,071,548 TOT AL OPERATING REVENUES OPERATING EXPENSES Personal services Other services and charges Depreciation Supplies Heat, lights and power OPERATING EXPENSES OPERATING INCOME NONOPERATING REVENUES (EXPENSES) Interest revenue Connection assessment fees Gain on sale of fixed assets Net increase (decrease) in fair value of investments TOTAL NONOPERATING REVENUE INCOME BEFORE CONTRlBUTIONS AND TRANSFERS Donated waterlines and sewerlines Operating transfers out CHANGE IN NET ASSETS NET ASSETS AT BEGINNING OF YEAR NET ASSETS AT END OF YEAR See accompanying notes - 21 - CITY OF MERIDIAN, IDAHO STATEMENT OF CASH FLOWS - PROPRiETARY FUND Year Ended September 30,2003 CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers and users $ 8,140,308 Payments to suppliers (2,326,287) Payments to employees (2,836,471) NET CASH PROVIDED BY OPERATING ACTIVITIES 2,977,550 CASH FLOWS FROM NONCAPIT AL FINANCING ACTIVITIES Operating transfer to general fund (303,014) NET CASH USED BY NONCAPIT AL FINANCfNG ACTIVITIES (303,014) CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Connection assessment fees 4,075,519 Proceeds from sale of capital assets 10,421 Acquisition of capital assets (4,383,285) NET CASH USED BY CAPITAL AND RELATED FINANCING ACTIVITIES (297,345) CASH FLOWS FROM INVESTING ACTIVITIES Purchase of investments (19,239,918) Sale of investments 16,975,944 Interest received 1,370,533 NET CASH USED BY INVESTING ACTIVITIES (893,441) NET INCREASE IN CASH 1,483,750 CASH AT BEGINNING OF YEAR 987,628 CASH AT END OF YEAR $ 2,471,378 See accompanying notes - 22 - RECONCILIATION OF OPERATING INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES Operating income Adjustments to reconcile operating income to net cash provided by operating activities Depreciation Changes in assets and liabilities Accounts receivable Due from other governments Prepaid items Accounts payable Accrued payroll and taxes Customer deposits NET CASH PROVIDED BY OPERATING ACTIVITIES SUPPLEMENT AL DISCLOSURE OF CASH FLOW INFORMATION Developer and customer contributed sewer and water lines See accompanying notes - 23 - $ 929,387 2,]46,864 (26,053) 410 7,012 (265,199) 32,078 153,051 $ 2,977,550 $ 6,761,326 - CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2003 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES City of Meridian, Idaho (City) was incorporated August, 1903. The City operates under a mayor and council form of government and provides the following services as authorized by its charter: public safety (police and fire), community planning and development, parks and recreation, and general administrative services. The financial statements of the City have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to government units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The significant accounting policies are described below. The accounting and reporting policies of the City relating to the funds included in the accompanying basic financial statements conform to generally accepted accounting principles applicable to state and local governments. Generally accepted accounting principles for local governments include those principles prescribed by the GASB, the American Institute of Certified Public Accountants in the publication entitled Audits of State and Local Governmental Units and by the Financial Accounting Standards Board (when applicable). As allowed in Section P80 of GASB's Codification of Governmental Accounting and Financial Reporting Standards, the City has elected not to apply to its proprietary activities Financial Accounting Standards Board Statements and Interpretations, Accounting Principles Board Opinions, and Accounting Research Bulletins of the Committee of Accounting Procedure issued after November 30, 1989. Financial Reporting Entity As required by generally accepted accounting principles, these basic financial statements present the City in conformance with GASB Statement No. 39, IIDetermining Whether Certain Organizations are Component Units." Under Statement No. 39, component units are organizations that are included in the reporting entity because of the significance of their operational or financial relationships with the City. The component unit column in the combined financial statements is the financial data ofthe City's single component unit, the Meridian Development Corporation (MDC). MDC is a separate and distinct legal entity created by state statute. The directors of MDC are appointed by the Mayor and approved by the City Council. MDC provides urban development services for the citizens of the City. The City contributes to the multi-employer Public Employer Retirement System of Idaho (the System). The System is administered by the State of Idaho and the City is not the major participant in the plan; therefore, the plan financial statements are not included in this report. -24- - CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30,2003 GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS The government-wide financial statements (i.e., the statement of net assets and the statement of changes in net assets) report information on all of the nonfiduciary activities of the primary government. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate financial statements are provided for governmental funds and proprietary funds. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. MEASUREMENT FOCUS, BASIS OF ACCOUNTING, AND FINANCIAL STATEMENT PRESENTATION The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial statements. Revenues are recorded when eamed and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrnal basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. -25- - CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2003 Property taxes, franchise taxes, licenses, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues ofthe current fiscal period. Only the portion of special assessments receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the current period. All otherrevenue items are considered to be measurable and available only when cash is received by the government. The City reports the following major governmental funds: General Fund - The Genera] Fund is the general operating fund of the City. It is used for all financial resources except those required to be accounted for in another fund. Capital Proiects Fund- The Capital Projects Fund is used to account for financial resources to be used for the acquisition or construction of major capital facilities (other than those financed by proprietary funds). The City reports the following major proprietary fund: Enterprise Fund - The Enterprise Fund is used to account for operations financed and operated in a manner similar to private business when the intent of the governing body is that costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges, or the governing body has decided that periodic detennination of revenues earned, expenditures incurred, and/or net income is appropriate for capital maintenance, public policy, management control, accountability or other purposes. As a general rule, the effect of interfund activity has been eliminated from the government-wide financial statements. Exceptions to this general rule are charges between various functions of the government when elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. Proprietary funds distinguished operating rcvenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and products and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the City's enterprise funds are charges for services to customers for sales and services. The Water and Sewer Funds also recognizes as operating revenue the portion of hook-on fees intended to recover the cost of connecting new customers to the system. Operating -26- -CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30,2003 expenses for enterprise funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. Budgets and Budgetary Accounting The City follows these procedures in establishing the budgetary data reflected in the financial statements: Prior to September 1, the Finance Officer, Mayor and City Council prepare a proposed operating budget for the fiscal year commencing on October 1. The operating budget includes proposed expenditures and the means offmancing them. Public hearings are conducted at City Hall to obtain taxpayer comments. Prior to October 1, the budget is legally enacted through passage of an ordinance. Budgets are adopted on a basis consistent with generally accepted accounting principles (GAAP) for the general fund. Budgets for enterprise funds are not legally required but are adopted on a non- GAAP basis. All annual appropriations lapse at fiscal year-end. Revisions that alter the total expenditure appropriation of any fund must be approved by the City Council. State law does not allow fund expenditures to exceed fund appropriations. The budget presented in the report has been amended. Formal budgetary integration is employed as a management control device during the year for all funds. Cash and Cash Equivalents For purposes of the statement of cash flows, the proprietary funds consider all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents. Investments Idaho Code provides authorization for the investment of funds as well as specific direction as to what constitutes an allowable investment. City policy is consistent with this direction. The City currently invests in interest bearing bank accounts, certificates of deposit and U.S. Government and U.S. Government Agency bonds. Property Taxes Receivable and Deferred Revenue Within the governmental fund financial statement, property taxes are recognized as revenue when -27- - CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2003 the amount of taxes levied is measurable, and proceeds are available to finance current period expenditures. Available tax proceeds includes property tax receivables expected to be collected within sixty days after year end. Property taxes attach as liens on properties on January 1, and are levied in September of each year. Tax notices are sent to taxpayers during November, with tax payments scheduled to be collected on or before December 20. Taxpayers may pay all or one half of their tax liability on or before December 20, and if one half of the amount is paid, they may pay the remaining balance by the following June 20. Since the City is on a September 30 fiscal year end, property taxes levied during September for the succeeding year's collection are recorded as deferred revenue at the City's year end and recognized as revenue in the following fiscal year. Ada County bills and collects taxes for the City. Customer Services Receivable Amounts owed to the City for customer services are due from area residents and businesses and relate to water, sewer and trash services provided by the City. CAPITAL ASSETS Capital assets, which include property, plant, equipment, and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items) are reported in the applicable governmental or business- type activities columns in the government-wideftnancial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $1,000 and an estimated useful life in excess of two years. All material fixed assets are valued at cost. Donated fixed assets are valued at their estimated fair value on the date donated. Public domain fixed assets consisting of roads, bridges, streets and sidewalks, and lighting systems are also reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Depreciation is recorded by use of the straight-line method. The book value of each asset is reduced by equal amounts over its estimated useful life as follows: Buildings Sewer plant Sewer and water lines Improvements other than buildings Equipment Public domain infrastructure Estimated Useful Life (Years) 30 25 50 10-50 5-20 40 -28- -CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL 5T A TEMENTS September 30, 2003 Maintenance, repairs and minor renewals are charged to operations as incurred. When an asset is disposed of, accumulated depreciation is deducted from the original cost, and any gain or loss arising from its disposal is credited or charged to operations. Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest costs incurred during construction of capital assets of business-type activities are capitalized when they are material. There were no interest costs included as part of the costs of capital assets under construction in the current year. Compensated Absences Payable The City provides vacation and sick leave to its full-time employees. Earned vacation is paid to employees when taken or paid to employees or beneficiaries upon the employees' termination, retirement or death. The City does not pay earned sick pay upon the employees' termination, retirement or death for non-union employees. The fire department union members are paid fifteen percent of their sick leave accrual upon the employees' termination, retirement or death. The amount of unused vacation accumulated by City employees is accrued as expense when incurred in the Proprietary Fund, which use the accrual basis of accounting. In the Governmental Funds, only the amount that normally would be liquidated with expendable available financial resources is accrued as current year expenditures. Unless it is anticipated that compensated absences will be used in excess of a nonnal year's accumulation, no additional expenditures are accrued. Capital Leases The City entered into a capital lease and trust agreement with Wells Fargo Bank for the construction of a law enforcement building. Under the terms of the agreement the City will construct the project on behalf of the lessor. The lease requires annual payments. The City will acquire the asset at the end of the lease for a bargain purchase price of $1. Risk Management The City is exposed to various risks of loss related to theft of, damage to, or destruction of assets. The City participates in a public entity risk pool, Idaho Counties Risk Management Pool (ICRMP), for liability, medical and disability insurance. The City's exposure to loss from its participation in ICRMP is limited only to thc extent oftheir deductible. Fund Equity In the fund financial statements; reservations of fund balance represent amounts that are not appropriable or are legally segregated for a specific purpose. Reservations of retained earnings are limited to outside third-party restrictions. Designations of fund balance represent tentative management plans that are subject to change. The proprietary fund's contributed capital represents -29- - CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2003 equity acquired through capital grants and capital contributions from developers, customers or other funds. It is the government's policy to first apply restricted resources when an expense is incurred for purposes for which both restricted and unrestricted net assets are available. The City has established reserves to account for the resources received from donors for future park and capital improvements. The City has also established a reserve for the police center and future fire truck purchases. Encum brances Encumbrance accounting, under which purchase orders, contracts, and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not employed by the City. Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. NEW ACCOUNTWG STANDARDS Governmental Accounting Standards Board issued Statement No. 34, Basic Financial Statements-and Management's Discussion and Analysis-for State and Local Governments; Statement No. 37, Basic Financial Statements-and Management's Discussion and Analysis- for State and Local Governments: Omnibus; Statement No. 38, Certain Financial Statement Note Disclosures; Statement No. 39, Determining Whether Certain Organizations Are Component Units-an amendment of GASB Statement No. 14; and Interpretation No.6, Recognition and Measurement of Certain Liabilities and Expenditures in Governmental Fund Financial Statements. The District adopted these Statements as of September 30, 2003, and all aspects are included herein. This results in a change in the format and content of the basic financial statements. NOTE B ~ CASH AND INVESTMENTS At year end, the carrying amount of the City's deposits was $4,368,320 and the bank balance was $4,672,968. Of the bank balance, $202,165 was covered by federal depository insurance and $4,470,803 was uninsured and uncollateralized. All cash is held in Farmers & Merchants State Bank, Wells Fargo National Bank and Washington Federal Savings Bank located in Ada County, Idaho. -30- - CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2003 Investments arc categorized into these three categories of credit risk: 1. Insured or registered, or securities held by the entity or its agent in the entity's name. 2. Uninsured and unregistered, with securities held by the counterparty's trust department or agent in the entity's name. 3. Uninsured and unregistered, with securities held by the counterparty, or by its trust department or agent but not in the entity's name. At year end, the government's investment balances were as follows: Category 3 Fair Value Cost 1 2 Certificates of deposit $ 400,000 Money market accounts U.S. Government securities $18,116,650 $ $18,516,650 $18,516,650 2,664,431 2,664,431 2,664,431 20,010,931 20,010,931 19,987.475 $ 400.000 $18.116.650 $22.675.362 41,192,012 41,168,556 Investments not required to be categorized due to their nature Investment in State ofIdaho General Fund Investment Pool 8,617.880 8,624.435 Total investments $49,809,892 $49,792,991 The elected State Treasurer, following Idaho Code, is authorized to sponsor an investment pool that the City voluntarily participates in. The Pool is not registered with the Securities and Exchange Commission or any other regulatory body - oversight is with the State Treasurer, and Idaho Code defines allowable investments. All investments are entirely insured or collateralized with securities held by the Pool or by its agent in the Pool's name, and the fair value of the City's position in the external investment pool is the same as the value ofthe pool shares. -31- - CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2003 A reconciliation of cash and investments as shown on the balance sheet follows: Cash and cash equivalents Cash and cash equivalents - restricted Investments Investments - restricted $ 3,855,590 512,730 47,358,319 2,451,573 Total $ 54.178.2 I 2 Cash on hand Fair value of deposits Fair value of investments $ 1,020 4,367,300 49,809,892 Total $ 54.1 78.212 NOTE C - DUE FROM OTHER GOVERNMENTAL UNITS The following summarizes the intergovernmental receivables at September 30, 2003: State ofIdaho Revenue sharing Liquor tax Rural fire district Ada County $ 417,479 42,980 121,980 97,800 Total $~6_8.Q,m -32- -CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2003 NOTE D - CAPITAL ASSETS As described in Note A, the City adopted the provisions of Governmental Accounting Standards Board Statement No. 34, Basic Financial Statements-and Management's Discussion and Analysis-for State and Local Governments. This statement requires retroactive reporting of all major general infrastructure assets from October 1, 2002 to June 30, 1980. As of September 30, 2003 the City has not recorded the infrastructure related to easements and rights of way. The City has elected to record these assets over the transition period through June 15,2006. Changes to capital assets are as follows: Balance Balance Oct. 1, Sept. 30, 2002 Additions Deletions 2003 Governmental activities: Capital assets, not depreciated: Land $ 5,408,446 $ 504,587 $ 53,493 $ 5,859,540 Construction in progress 1.458.686 1,114,427 795,706 1 ,777 .407 Total capital assets, not depreciated 6,867,132 1,619,014 849,199 7,636,947 Capital assets, depreciated: Buildings 6,520,965 8,899 184,092 6,345,772 Improvements other than buildings 3,521,850 181,530 19,225 3,684,155 Equipment 3.640.463 730.021 157,920 4,212.564 Total capital assets, depreciated 13,683,278 920,450 361,237 14,242,491 Less accumulated depreciation for: Buildings 598,708 206,823 94,556 710,975 Improvements other than buildings 531,193 181,040 19,570 692,663 Equipment 1.946,083 486.388 151,499 2.280,972 Total accumulated depreciation 3,075,984 874.251 265,625 3,684,610 Total net capital assets, depreciated 10,607 .294 46,199 95,612 10.557,881 Governmental activities capital assets, net $ 17.474-4-26 ~L665.213 $--24.4..8.U LI8.194.828 -33- -CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2003 Balance Balance Oct. 1, Sept. 30, 2002 Additions Deletions 2003 Business-type activities: Capital assets, not depreciated: Land $ 399,639 $ 33,539 $ 330 $ 432,848 Construction in progress 4.673.096 4.198,424 5.702.819 3.168.701 Total capital assets, not depreciated 5,072,735 4,231,963 5,703,149 3,601,549 Capital assets, depreciated: Buildings 15,934,258 1,479,595 17,413,853 Improvements other than buildings 47,446,350 10,914,787 58,361,137 Equipment 8.778.193 221,084 28.776 8.970.501 Total capital assets, depreciated 72,]58,801 12,615,466 28,775 84,745,491 Less accumulated depreciation for: Buildings 5,205,655 595,890 5,801,545 Improvements other than buildings 7,430,388 1,056,537 8,486,925 Equipment 2.436,464 492.807 27.661 2,901.610 Total accumulated depreciation 15.072.507 2.145.234 27.661 17.190.080 Total net capital assets, depreciated 57.086.294 10.470.232 1.115 67.555.411 Business-type activities capital assets, net $ 62.159.029 $14.702.195 $5.704.264 $ 71.156.960 Depreciation expense was charged to functions/programs of the City as follows: Governmental activities: Genera] government Public safety Community Planning and Development Parks and recreation $ 83,794 563,844 15,085 211.528 Total depreciation expense - governmental activities $ 874.251 -34- . CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2003 Business~type activities: Water and sewer $ 2.1 45,234 Total depreciation expense - business-type activities ~2J45.234 NOTE E - LEASE COMMITMENTS The City leases the law enforcement building under a noncancellable capital lease. The cost and accumulated depreciation by funds/account activity group are as follows at September 30,2003: Accumulated Cost Depreciation Governmental activities S1,~82.Q2.1 $ 122.-351 NOTE F - INTERFUND BALANCES AND TRANSFERS The following transfers were made for the purpose of funding operations: Transfer In: Capital General Projects Fund Fund Total Transfer out: General fund $ $ 585,467 S 585,467 Enterprise fund 303.014 303,014 Total transfers out $ 303,014 $ 585.467 $ 888,481 As of December 30,2003, the General Fund had an interfund receivable balance from the Capital Projects fund of$I,119. NOTE G - BONDS PAYABLE Refunded Debt The City has refunded water and sewer revenue bonds. The proceeds of the bond refunding issue, together with additional cash have been invested in U.S. Government obligations and placed in an irrevocable refunding escrow by the City. The maturing principal and interest of these investments will be used to pay the principal and interest of the redeemed bond issue as those payments fall due. As a result, the 1977 revenue bond is considered defeased and the City has removed the liability -35~ - CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2003 from the financial statements. At September 30, 2003, the outstanding principal of the defeased bond is $10,000. NOTE H - CHANGES IN LONG-TERM DEBT The City entered into a capital lease and trust agreement with Wells Fargo Bank for the construction of a law enforcement building. Under the terms of the agreement, the City constructed the project on behalf of Wells Fargo Banle At the end of the lease, the City has the option to purchase the facility for $1. The lease has a term of ten years with annual principal payments of $335,000 to $475,000 and interest rates of3.5% to 4.5%. The following is a summary of changes in long-term debt of the City for the year ended September 30, 2003: Due Balance Balance Within Oct. 1, Debt Debt Sept. 30, One 2002 Issued Retired 2003 Year Governmental activities: Capital leases Building $ 3,665,000 $ $ 345,000 $ 3,320,000 $ 360,000 Accrued vacation 338,902 57.586 396.488 39,649 Govenuncntal activities long~term liabilities $ 4.003.902 ~~ $ 345 ,frQ.Q $ 3,716.488 ~ 698.902 Business-type activities Accrued vacation $ 88.251 $ 9,162 $__m ...... $. 97.413 $ .......... ~ ~36- - CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30,2003 The future minimum lease obligation and the net present value of the minimum lease payments as of September 30,2003 are as follows: Fiscal Year Principal Interest Total 2004 $ 360,000 $ 139,600 $ 499,600 2005 375,000 125,200 500,200 2006 390,000 110,200 500,200 2007 405,000 94,600 499,600 2008 420,000 78,400 498,400 2009-2011 1.370,000 123,774 1.493,774 $ 3.320,000 ~__Ql1-" 77 4 $ 3,991.774 NOTE I - DEFINED BENEFIT PENSION PLAN The Public Employee Retirement System of Idaho (PERSI); a cost sharing multiple-employer public retirement system, was created by the Idaho State Legislature. It is a defined benefit plan requiring that both the member and the employer contribute. The plan provides benefits based on members' years of service, age and compensation. In addition, benefits are provided for disability, death, and survivors of eligible members or beneficiaries. Designed as a mandatory system for eligible state and school district employees, the legislation provided for political subdivisions to participate by contractual agreement with PERSL Financial reports for the plan are available from PERSI upon request. After 5 years of credited service, members become fully vested in retirement benefits earned to date. Members are eligible for retirement benefits upon attainment of the ages specified for their employment classification. For each year of credited service, the annual service retirement allowance is 2% or 2.225% (depending upon employee classification) ofthe average monthly salary for the highest consecutive 42 months. For PERSl's year ended June 30, 2003, the required contribution rates, as determined by PERSI, are as follows: General Member Police and Fire Member Emplovee 5.86% 7.21% Emplover 9.77% 10.01% Contributions required and paid were $741,217, $659,605, and $562,519 for the three years ended September 30,2003,2002, and 2001, respectively. -37- - CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30,2003 NOTE J - OTHER COMMITMENTS The City has the following commitments at September 30,2003: Commitment Ada County Highway District Amount $ 1,668,833 American Paving Bitterroot Construction $ 780,810 $ 155,115 Brown Construction Carollo Engineering Carollo Engineering $ 138,154 $ 144,401 $ 20,553 Civil Survey Consultants $ 9,910 Civil Survey Consultants $ 20,566 Civil Survey Consultants $ 15,875 $ 741,965 $ 218,553 ESI Ewing Company, loc HiGrade $ 52,773 Insitufonn Technologies $ 36,210 $ 11,492 $ 527,593 Irminger Construction JUB Engineers JUB Engineers Sundance Co $ 116,298 $ 70,000 Thueson Construction Treasure Valley Drilling $ 686,134 $ 11 ,222 Treasure Valley Drilling $ 116,440 -38- Purpose Locust Grove Overpass Franklin to Overland Settler's Park Construction 2003 Locust Grove Sewer & Water Lines (Chinden) South Slough Trunk Extension Wastewater Facility Plan Update Dissolved Air Flotation Thickener Project at WWTP Water Main Extension Victory Road Overland Road (Meridian to Locust Grove to Eagle) New Pumping Facilities at Well #25 Victory Road Locust Grove Fire Station Dissolved Air Flotation Thickener Project at WWTP 2003 Touchmark Crossing Water Main Extension 2003 Creek Crossing Sewer pipe Rehabilitation Well #24 Pumping Facilities Design Black Cat Tnmk Sewer and Lift Station South Slough Sewer Project Purchase of Well Site #23 (Silverstone Corp Well Site) White Drain Sewer Trunk Project Drilling of Exploratory Test Well for Well #25 Drilling and Construction of Well #25 - CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2003 NOTE K - CONTINGENT LIABILITIES The City has been named as a defendant in various legal actions, the results of which are not presently determinable. However, in the opinion of the City Attorney, the amount of losses that might be sustained, if any, would not materially affect the City's financial position, Under the tenns of federal and state grants, periodic audits are required and certain costs may be questioned as not being appropriate expenditures under the terms of the grants. Any disallowed claims, including amounts already collected, could become a liability of the City. City management believes disallowances, if any, will not be material. NOTE L - COMPONENT UNIT The Meridian Development Corporation (MDC) is created by and exists under the Idaho Urban Renewal Law of 1965, as amended, and is a separate and legal entity. The following is a summary of the disclosures required for a fair presentation of the component unit in the City's financial statements. Cash At year-end, the bank balance and carrying amount of deposits, reported as cash was $27,276. The bank balance was covered by federal depository insurance. All cash is held in financial institutions located in Idaho. -39- REQUIRED SUPPLEMENTARY lNFORMA nON CITY OF MERIDIAN, IDAHO SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND Year Ended September 30,2003 Budgeted Amounts Variancc Actual With Original Final Amounts Final Budget REVENUES Taxes $ 6,146,883 $ 6,146,883 $ 6,091,150 $ (55,733) Licenses and permits 1,689,519 1,801,579 2,226,880 425,301 Intergovernmental 2,200,600 2,312,178 2,525,702 213,524 Fines and forfeitures 331,200 316,200 306,407 (9,793) Charges for services 1,616,522 1,561,522 2,004,653 443,131 Interest 481,000 361,000 368,748 7,748 Miscellaneous 23,400 23,400 27,110 3,710 TOT At REVENUES 12,489,124 12,522,762 13,550,650 1,027,888 EXPENDITURES General government 3,775,855 3,802,155 1,997,384 1,804,771 Public safety Police 4,356,427 4,327,577 4,118,971 208,606 Fire 2,439,554 2,366,432 2,255,326 111,106 Community planning and development 1,535,311 1,647,371 1,647,121 250 Parks and recreation 708,398 712,098 641,234 70,864 Debt service Principal 500,000 500,000 345,000 155,000 Interest 155,650 (155,650) Capital outlay General government 189,415 136,715 14,842 121,873 Public safety Police 372,500 391,550 274,952 116,598 Fire 217,800 245,000 208,426 36,574 Community planning and development 32,000 32,000 17,868 14,132 Parks and recreation 1,956,324 2,132,944 813,572 1,319,372 TOTAL EXPENDITURES 16,083,584 16,293,842 12,490,346 3,803,496 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES (3,594,460) (3,771,080) 1,060,304 4,831,384 OTHER FINANCING SOURCES (USES) Operating transfer in 332,939 332,939 303,014 (29,925) Operating transfer out (264,708) (850,175) (585,467) 264,708 Umealized loss on investments (8,565) (8,565) Sale of capital assets 176,620 197,863 21,243 TOTAL OTHER FINANCING SOURCES (USES) 68,231 (340,616) (93,155) 247,461 EXCESS (DEFICIENCY) OF REVEI\VES AND OTHER SOURCES (USES) OVER (UNDER) EXPENDITURES (3,526,229) (4,11 ],696) 967,149 5,078,845 FUND BALANCE AT BEGINNING OF YEAR 11,984,972 11,984,972 11,984,972 FUND BALANCE AT END OF YEAR $ 8,458,743 $ 7,873,276 $12,952,121 $ 5,078,845 - 41 - OTHER INFORMATION BALUKOFF LINDSTROM & Co., P.A. Certified Public Accountants 877 West Main Street, Suite 805 Baise, Idaho 83702 (208) 344.7150 FAX; (20B} 344.7435 www.bfco.com INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FJNANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho We have audited the financial statements of City of Meridian, Idaho, as of and for the year ended September 30, 2003, and have issued our report thereon dated December 12, 2003. We conducted our audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether City of Meridian's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered City of Meridian's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. However, we noted certain matters involving the internal control over financial reporting and its operation that we consider to be reportable conditions. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control over financial reporting that, in our judgment, could adversely affect the City of Meridian's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. Reportable conditions are described in the accompanying schedule of findings as items 03-01 through 03-03, -43- Mayor and Members of the City Council City of Meridian, Idaho Page 2 A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses. However, we believe none of the reportable conditions described above is a material weakness. We also noted other matters involving the internal control over financial reporting that we have reported to management of the City of Meridian in a separate letter dated December 12, 2003. This report is intended solely for the information and use of the City Council and management and is not intended to be and should not be used by anyone other than these specified parties. ~J ~ c: C&.) ria. December 12, 2003 -44- CITY OF MERIDIAN, IDAHO SCHEDULE OF FINANCIAL STATEMENT FINDINGS Year Ended September 30, 2003 Reportable Conditions 03-01 GRANTS Condition: The accounting department is not provided with all copies of grant contracts. Recommendation: Copies of all contracts affecting the financial statements should be given to and maintained by the accounting department. [n addition, the finance department should prepare or approve all financial reports related to grants. Management Response: We agree and will implement new grant reporting policy in FY04. 03-02 INFRASTRUCTURE REPORTING Condition: Due to the required adoption of Statement of Governmental Accounting Standards (GASB Statement) No. 34, Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments, in 2003, the City is required to identify and value all significant infrastructure. The significant infrastructure we have identified in relation to the City is easements and rights-of-way for utilities. This infrastructure has not been retroactively identified and valued in accordance with the provisions ofGASB Statements No. 34. Recommendation: GASB Statement No. 34 provides for a 4 year phase in period to identifY and record infrastructure assets from 1980 forward. All infrastructure acquisitions from September 30, 2003 forward should be included as capital asset additions and accounted for in the same manner as other capital assets. For fiscal years beginning after June 15, 2006, the City must retroactively report all major infrastructure assets from 1980 to September 30, 2003. We recommend a cooperative effort between the finance department and public works to obtain the information necessary to comply with the requirements. Management Response: We will start identification and valuation of this infrastructure in FY04. -45- 03-03 INFORMATION SYSTEMS Condition: All users of the MIP accounting system know the administrator password, which allows them to make changes in security levels among other privileges. Recommendation: The users of the MIP system should not have access to the administrator password. The Director of Information Systems should have a backup who is not a user. Management Response: We agree and will designate a backup who is not in the Finance Department. -46- CITY OF MERIDIAN Revised ~ 9-1-2-tJJ CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 23, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X =z= Cherie McCandless V . () Mayor Robert Corrie I Bill Nary Keith Bird 2. Adoption of the Agenda: Ct-'fJfnJl/I.t tfl..[ a~ded- 3. Consent Agenda: A. Approve minutes of September 9,2003 Pre-Council Meeting: a-~v.e..... B. Findings of Fact and Conclusions of Law for Approval: AZ 03- 016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: tljJJlYo,r.e; C. Findings of Fact and Conclusions of Law for Approval: PP 03- 018 Request for Preliminary Plat approval of 49 building lots and 2 other lots on 80.51 acres in a proposed C-G zone for proposed Silverstone Campus Subdivision by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: wfl;rrov..€.-- D. Findings of Fact and Conclusions of Law for Approval: VAR 03-016 Request for a Variance to maximum block length requirements for proposed Silverstone Business Center by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: a-PflI'PV.R..- E. Findings of Fact and Conclusions of Law for Approval: PP 03- 021 Request for Preliminary Plat approval of 40 building lots and 6 other lots on 13.85 acres in an R-4 zone for Bear Creek No.8 by Bear Creek, LLC - north of West Victory Road and east of South Stoddard Road: CUffrtlvJ..; Mcridiall City Council Agenda - September 23, 2003 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodalion for disabilities related to documents and/or hearings please contact the City C[crk's Office at 888-4433 at least 48 hours prior to the public meeting. s- J. F. Findings of Fact and Conclusions of Law for Approval: PP 03- 016 Request for Preliminary Plat approval of 11 building lots on 10.97 acres in a C-G zone for proposed Southern Sprinas by The Land Group, Inc. - southeast corner of Meridian Road and Overland Road: ~f'T'Pv.o Findings of Fact and Conclusions of Law for Approval: AZ 03- 014 Request for annexation and zoning of 33.25 acres from RUT to R-B zones for proposed Tuscany Villaae by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: o/Jh'91/U!- G. H. Findings of Fact and Conclusions of Law for Approval: PP 03- 015 Request for Preliminary Plat approval of 136 building lots and 10 other lots on 33.25 acres in a proposed R-B zone for proposed Tuscanv Villaae by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: t:7j/jYP-/<"- Findings of Fact and Conclusions of Law for Approval: CUP 03-029 Request for a Conditional Use Permit for a Planned Unit Development with reduced lot widths and setbacks for the proposed Tuscany Villaae by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: ~fl7\?Y-<-- Findings of Fact and Conclusions of Law for Approval: PP 03- 007 Request for Preliminary Plat approval of 36 building lots and 11 other lots on 11.45 acres in an R-4 zone for Clearbrook Estates Subdivision by R.K. Development, LLC - west of North Meridian Road and south of West Ustick Road: wl'jlYi7ve t<..( uw.e.-1WlecL Findings of Fact and Conclusions of Law for Approval: V AR 03-012 Request for a Variance to block length requirements for a block on the south side of Clearbrook Street for Clearbrook Estates Subdivision by R.K. Development, LLC - west of North Meridian Road and south of West Ustick Road: .a;p~v..c.- I. K. L. Findings of Fact and Conclusions of Law for Approval: CUP 03-024 Request for a Conditional Use Permit to construct a new dental clinic in an L-O zone for Seeamiller Dental by Dr. Dave Seegmiller - south of East Gala Street and east of South Millennium Way: w~cr-<-- Findings of Fact and Conclusions of Law for Approval: CUP 03-037 Request for a Conditional Use Permit to move into older home used as office space, pave portion of adjacent lot, use as dealership for used automobiles in a C-G zone for O.P .M. M. Meridian City Council Agenda - September 23,2003 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours Plior to the public meeting. Enterprises by O.P.M. Enterprises, Inc. - 1065 East Fairview Avenue:. ~~p~~ N. Development Agreement: AZ 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: ~v-<-- O. Sewer and Water Main Easement for Cherry Crossing: apj>rPf/-<? P. Sewer Easement for Tuscany Village: tZfJpv,<- Q. Streetlight Agreement for Burney Glen No.1: ?Vpfrt9~(..L R. Approve Contract for Stenographic Services - MD Willis, Inc.: af'/N'v-<......., S. Resolution No. Approving the Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: ~/;et fp tJch6-tv 7~. Ui>J T. Resolution No. 03 - 4-/ I Approving Collective Labor Agreement with Local #2311 International Association of Firefighters: r~...-...c...- 4. Department Reports A. Finance Department: 1 . Finance Report: ref f'rte d.- B. City Attorney: 1. Addendum NO.1 to Agreement for City Attorney / Civil Legal Services: ti/Jcus-.r.ed-- 5. (Items Moved from Consent Agenda) 6. Public Hearing: Amendment to 2003 Fiscal Year Budget: Ordinance No. &,J-ltJ4-3 Amending the Annual Appropriation for 2003 Fiscal Year Budget: apJ?7i9{/.,L 7. Ordinance No. CJ :3 -/01-4- Ordinance: 4.-;fljJ,..,ov-<- Utility Billing Directive Meridian City Council Agenda - September 23,2003 Page3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. 8. 9. 10. 11. 12. 13. 14. 15. } Ordinance No. tJ .J --- 10 1-!i : AZ 03-004 Request for annexation and. zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: ap;u-;,pv-<- Public Hearing: CUP 03-035 Request for a Conditional Use Permit for a martial arts / self defense establishment for children in a C-N zone for Karate For Kids by Petra, Inc. - southeast corner of South Linder Road and West Franklin Road: all'?J171e~ /;:P j>>'1ejl(V~ ,/;, ~'c/-t ,ff-r ttp;9/'Ov(., Public Hearing: 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: Re-noticed for October 14, 2003 City Council meeting due to plat changes v Public Hearing: PP 03-020 Request for Preliminary Plat approval of 39 building lots and 9 other lots on 10.64 acres in a proposed R-B zone for proposed Sage land Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: Re-noticed for October 14, 2003 City Council meeting due to plat changes V' Public Hearing: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Sageland Planned Development by Quasar Development - northeast corner of South Locust Grove Road and East Victory Road: Re- noticed for October 14, 2003 City Council meeting due to plat changes v ;6. Public Hearing: ZOA 03-002 Request for Amendments to Sign Ordinance: [(;~~h"'-<. piA /P Och:1~ 1+/ '2PpJ] tJ3 - A/--? Resolution No. -, ~ Adopting Rate Structure Changes for Solid Waste Collection Services: ~~>i/< Resolution No. [) 3 ~ 4-/3 : Approving Addendum No. 1 to Agreement for City Attorney / Civil Legal Services: al'jPJ'"'l7//'...f.- G'/fttUi...-h")r,e Je.rriC7Yv I!J pel- JdA/A.-o J:;-P~ C.:>de- 67- 23+50) (h .;.j:): fl-l? cLecis';.:nv ht-~ Meridian City Council Agenda - Septembcr 23,2003 Page 4 of 4 All materials presented at public meetings shall become property of the City of Mctidian. Anyone desiring accommodation for disabi lilies related to documents amI/or hearings please contact the City Clerk's Office at 888-4433 at least 48 houn; Ilriorto the public meeting. ( ** TX CONF I Rhr< n ON REPORT ** AS OF SEP 26 '03 09:12 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 05 09/26 09:11 Laurel MODE MIN/SEC PGS CMDn STATUS EC--S 01' 12" 004 115 OK -------------------------------------------------------------------------------------------- Aea.se Pas+- tor f'U bhc no'h c. c -1ho..rw..c ~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 23, 2003 a~ 7:00 p.m. City Council Chambers 1. RoU-call Attendance: _ TammydeWeerd Cherie McCandless _ Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of September 9, 2003 Pre-Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 03- 016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sun dance Investments - southeast corner of East Overland Road and South Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: PP 03- 018 Request for Preliminary Plat approval of 49 building lots and 2 other lots on 80.51 acres in a proposed C~G zone for proposed Silverstone Campus Subdivision by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: V AR 03-016 Request for a Variance to maximum block length requirements for proposed Silverstone Business Center by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03- 021 Request for Preliminary Plat approval of 40 building lots and 6 other lots on 13.85 acres in an R-4 zone for Bear Creek No.8 by Bear Creek, LLC - north of West Victory Road and east of South Stoddard Road: M~nll\lln <':\ly (;ouneil ABond~ - Scplomb.,. 23. 2003 I'~e 1 nf 4 All m~\l:li.l< Ilrcstlltcd at public me.tincs shall l~on1c P"OpC!'l)' of The City of M<:Iiui~n. ^"YU". desiring: accnmmod~tiol1 for d isabifilies rdatell w <.locumonll' ~nNoT he_tines plca~c ""n\;lof fho C'iry Clerk's OOlcc nl8SS-44J3 at leoSf as hours jltior 10 the public rr.ecling, ( Revised ~ 9....1-3-I)'j ~ \1Q~e. 'VoSt ~ 7{A.k1Vc VLotfCt - ThCvV{ ~s.( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 23, 2003 at 7:00 p.m. City Council Chambers 1. RolI~call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of September 9, 2003 Pre-Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 03~ 016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: PP 03- 018 Request for Preliminary Plat approval of 49 building lots and 2 other lots on 80.51' acres in a proposed C-G zone for proposed Silverstone Campus Subdivision by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: VAR 03~016 Request for a Variance to maximum block length requirements for proposed Silverstone Business Center by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03~ 021 Request for Preliminary Plat approval of 40 building lots and 6 other lots on 13.85 acres in an R-4 zone for Bear Creek No.8 by Bear Creek, .LLC - north of West Victory Road and east of South Stoddard Road: Meridian City Council Agenda - September 23,2003 Page I of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hemings please contact the City Clerk's Office at 888-4433 at least 48 hours priorto the public meeting, F. Findings of Fact and Conclusions of Law for Approval: PP 03~ 016 Request for Preliminary Plat approval of 11 building lots on 10.97 acres in a C-G zone for proposed Southern SprinQs by The Land Group, Inc. - southeast corner of Meridian Road and Overland Road: G. Findings of Fact and Conclusions of Law for Approval: AZ 03~ 014 Request for annexation and zoning of 33.25 acres from RUT to R-8 zones for proposed Tuscany VillaQe by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: H. Findings of Fact and Conclusions of Law for Approval: PP 03- 015 Request for Preliminary Plat approval of 136 building lots and 10 other lots on 33.25 acres in a proposed R-8 zone for proposed Tuscany Villa~e by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 03-029 Request for a Conditional Use Permit for a Planned Unit Development with reduced lot widths and setbacks for the proposed Tuscany Villa~e by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: J. Findings of Fact and Conclusions of Law for Approval: PP 03- 007 Request for Preliminary Plat approval of 36 building lots and 11 other lots on 11.45 acres in an R-4 zone for Clearbrook Estates Subdivision by R.K. Development, LLC - west of North Meridian Road and south of West Ustick Road: K. Findings of Fact and Conclusions of Law for Approval: VAR 03~012 Request for a Variance to block length requirements for a block on the sc;>uth side of Clearbrook Street for Clearbrook Estates Subdivision by R.K. Development, LLC - west of North Meridian Road and south of West Ustick Road: L. Findings of Fact and Conclusions of Law for Approval: CUP 03~024 Request for a Conditional Use Permit to construct a new dental clinic in an L-O zone for See~miller Dental by Dr. Dave Seegmiller - south of East Gala Street and east of South Millennium Way: M. Findings of Fact and Conclusions of Law for Approval: CUP 03-037 Request for a Conditional Use Permit to move into older home used as office space, pave portion of adjacent lot, use as dealership for used automobiles in a C-G zone for O.P.M. Melidian City Council Agenda - September 23. 2003 Page 2 of4 All materials presented at public meetings shaU become propelty 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 alleasl48 hours prior to the public meeting, Enterprises by a.p.M. Enterprises, Inc. - 1065 East Fairview Avenue:. N. Development Agreement: AZ 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-Q zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: O. Sewer and Water Main Easement for Cherry Crossing: P. Sewer Easement for Tuscany Village: Q. Streetlight Agreement for Burney Glen No.1: R. Approve Contract for Stenographic Services - MD Willis, Inc.: S. Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: T. Resolution No. Approving Collective Labor Agreement with Local #2311 International Association of Firefighters: 4. Department Reports A. Finance Department: 1. Finance Report: B. City Attorney: . 1. Addendum No.1 to Agreement for City Attorney / Civil Legal Services: 5. (Items Moved from Consent Agenda) 6. Public Hearing: Amendment to 2003 Fiscal Year Budget: Ordinance No. Amending Appropriation for 2003 Fiscal Year Budget: the Annual 7. Ordinance No. Ordinance: Utility Billing Directive Meridian City Council Agenda - September 23,2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accol1unodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888"4433 at least 48 hours prior to the public meeting. 8. Ordinance No. AZ 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-Q zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: 9. Public Hearing: CUP 03-035 Request for a Conditional Use Permit for a martial arts / self defense establishment for children in a C-N zone for Karate For Kids by Petra. Inc. - southeast corner of South Linder Road and West Franklin Road: 10. Public Hearing: 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: Re-noticed for October 14, 2003 City Council meeting due to plat changes 11. Public Hearing: PP 03-020 Request for Preliminary Plat approval of 39 building lots and 9 other lots on 10.64 acres in a proposed R-8 zone for proposed Sage land Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: Re-noticed for October 14, 2003 City Council meeting due to plat changes 12. Public Hearing: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Sageland Planned Development by Quasar Development - northeast corner of South Locust Grove Road and East Victory Road: Re- noticed for October 14, 2003 City Council meeting due to plat changes 13. Public Hearing: ZOA -03-002 Request for Amendments to Sign Ordinance: 14. Resolution No. Adopting Rate Structure Changes for Solid Waste Collection Services: 15. Resolution No. : Approving Addendum No. 1 to Agreement for City Attorney I Civil Legal Services: Meridian City Council Agenda - September 23, 2003 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, October 10,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 14, 2003 ITEM NO. (~-13 REQUEST Approve minutes of September 23, 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: cvff yJl Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property ot the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 23,2003 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 September 9,2003 Pre-Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 03- 016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: PP 03- 018 Request for Preliminary Plat approval of 49 building lots and 2 other lots on 80.51 acres in a proposed C-G zone for proposed Silverstone Campus Subdivision by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: VAR 03-016 Request for a Variance to maximum block length requirements for proposed Silverstone Business Center by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03- 021 Request for Preliminary Plat approval of 40 building lots and 6 other lots on 13.85 acres in an R-4 zone for Bear Creek No.8 by Bear Creek, LLC - north of West Victory Road and east of South Stoddard Road: Meridian City Council Agenda - September 23. 2003 Page I of 4 All materials presented at public meetings shall become property of the City of Meridian, Anyonc desiring accommodation for disabilities rclatcd to documcnts and/or hearings please eonlactthe City Clerk's Ortiec at 888-4433 at least 48 hours prior to thc public meeting. F. Findings of Fact and Conclusions of Law for Approval: PP 03- 016 R e.quest for Preliminary Plat approval 0 f 1 1 building lots 0 n 10.97 acres in a C-G zone for proposed Southern SprinrJs by The Land Group, Inc. - southeast corner of Meridian Road and Overland Road: G. Findings of Fact and Conclusions of Law for Approval: AZ 03- 014 Request for annexation and zoning of 33.25 acres from RUT to R-8 zones for proposed Tuscanv Village by Tuscany Development, J nc. - south of East Victory Road and west of South Locust Grove Road: H. Findings of Fact and Conclusions of Law for Approval: PP 03- 015 Request for Preliminary Plat approval of 136 building lots and 10 other lots on 33.25 acres in a proposed R-S zone for proposed Tuscany VillarJe by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 03-029 Request for a Conditional Use Permit for a Planned Unit Development with reduced lot widths and setbacks for the proposed Tuscany Village by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: J. Findings of Fact and Conclusions of Law for Approval: PP 03- 007 Request for Preliminary Plat approval of 36 building lots and 11 other lots on 11.45 acres in an R-4 zone for Clearbrook Estates Subdivision by R.K. Development, LLC - west of North Meridian Road and south of West Ustick Road: K. Findings of Fact and Conclusions of Law for Approval: VAR 03-012 Request for a Variance to block length requirements for a block on the south side of Clearbrook Street for Clearbrook Estates Subdivision by R.K. Development, LLC - west of North Meridian Road and south of West Ustick Road: L. Findings of Fact and Conclusions of Law for Approval: CUP 03-024 Request for a Conditional Use Permit to construct a new dental clinic in an L-O zone for SeerJrniller Dental by Dr. Dave Seegmiller - south of East Gala Street and east of South Millennium Way: M. Findings of Fact and Conclusions of Law for Approval: CUP 03-037 Request for a Conditional Use Permit to move into older home used as office space, pave portion of adjacent lot, use as dealership for used automobiles in a C-G zone for a.p.M. Meridian City Council Agenda - September 23, 2003 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Enterprises by a.p.M. Enterprises, Inc. - 1065 East Fairview Avenue: N. Development Agreement: AZ 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: O. Sewer and Water Main Easement for Cherry Crossing: P. Sewer Easement for Tuscany Village: Q. Streetlight Agreement for Burney Glen No.1: R. Approve Contract for Stenographic Services - MD Willis, Inc.: S. Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: T. Approve Collective Labor Agreement with Local #2311 International Association of Firefighters: 4. Department Reports A. Finance Department: 1. Finance Report: 5. (Items Moved from Consent Agenda) 6. Public Hearing: Amendment to 2003 Fiscal Year Budget: 7. Ordinance No. Ordinance: Utility Billing Directive 8. Ordinance No. AZ 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-Q zones for Montvue Medical Clinic by Pinnacle. Engineers, Inc. - 360 East Montvue Drive: 9. Public Hearing: CUP 03-035 Request for a Conditional Use Permit for a martial arts / self defense establishment for children in a C-N zone for Karate For Kids by Petra, Inc. - southeast corner of South Linder Road and West Franklin Road: Meridian City Council Agenda - September 23, 2003 Page 3 01'4 All materials presented at public meetings shall become properly of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 10. Public Hearing: AZ 03-015 Request for annexation and zoning of 9.8 acres from. R.UT to R-8 zones for proposed Sageland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: Re-noticed for October 14, 2003 City Council meeting due to plat changes 11. Public Hearing: PP 03-020 Request for Preliminary Plat approval of 39 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: Re-noticed for October 14, 2003 City Council meeting due to plat changes 12. Public Hearing: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Sageland Planned Development by Quasar Development - northeast corner of South Locust Grove Road and East Victory Road: Re- noticed for October 14, 2003 City Council meeting due to plat changes 13. Public Hearing: Ordinance: ZOA 03-002 Request for Amendments to Sign Meridian City Council Agenda - September 23, 2003 Page 4 of4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting, Meridian City Council MeetinQ September 23, 2003 The Regular Meeting of the Meridian City Council was called to order at 7: 15 P.M., Tuesday, September 23,2003, 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, Bill Musser, Brad Hawkins-Clark, Stacy Kilchenmann, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Tammy de Weerd X Cherie McCandless o X X Robert Corrie Bill Nary Keith Bird De Weerd: Okay. I'll go ahead and open the Regular City Council Meeting and would like to welcome Troop 130 from the Meridian Middle School and the Under Ward and also, 138, we have one representative here from the Locust Grove Ward. Thank you for joining us, and I will ask the City Clerk to call roll. Item 2: Adoption of the Agenda: De Weerd: Thank you. Okay. Second item on the agenda is Adoption of the Agenda. There are several changes. Staff has requested that Item J be pulled off from the Consent Agenda and added onto five J, also we need to pull S and consider that on October 7th. So, that needs to be pulled, are there any other changes to the agenda? Bird: Madam President? De Weerd: Mr. Bird. Bird: According to our new revised deal, Items number 11 -- or 10, 11, and 12, the Public Hearing for Sageland Developments, have. been renoticed for October 14th, 2003. So, those three items will be -- as when we come to them will have to be done, and also we need to add an item six, which will be an Executive Session, as per state code 67-2345 (b), I think. Nary: Band F, I think. Bird: Band F. Yeah. So, we will have it in that order like that and with your permission, I will move that we adopt the amended agenda. Meridian City Council Meeting September 23, 2003 Pg. 2of44 Nary: Second. McCandless: Second. De Weerd: Okay. It has been moved and seconded to adopt the agenda as amended. Mr. Clerk. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve minutes of September 9,2003 Pre-Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 03- 016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: PP 03~ 018 Request for Preliminary Plat approval of 49 building lots and 2 other lots on 80.51 acres in a proposed C-G zone for proposed Silverstone Campus Subdivision by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: VAR 03-016 Request for a Variance to maximum block length requirements for proposed Silverstone Business Center by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03- 021 Request for Preliminary Plat approval of 40 building lots and 6 other lots on 13.85 acres in an R-4 zone for Bear Creek No.8 by Bear Creek, LLC - north of West Victory Road and east of South Stoddard Road: F. Findings of Fact and Conclusions of Law for Approval: PP 03- 016 Request for Preliminary Plat approval of 11 building lots on 10.97 acres in a C-G zone for proposed Southern Springs by The Land Group, Inc. - southeast corner of Meridian Road and Overland Road: Meridian City Council Meeting September 23, 2003 Pg. 3 of 44 G. Findings of Fact and Conclusions of Law for Approval: AZ 03- 014, Request for annexation and zoning of 33.25 acres from RUT to R-8 zones for proposed Tuscany Village by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: H. Findings of Fact and Conclusions of Law for Approval: PP 03- 015 Request for Preliminary Plat approval of 136 building lots and 10 other lots on 33.25 acres in a proposed R-8 zone for proposed Tuscany Village by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 03-029 Request for a Conditional Use Permit for a Planned Unit Development with reduced lot widths and setbacks for the proposed Tuscany Village by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: K. Findings of Fact and Conclusions of Law for Approval: VAR 03~012 Request for a Variance to block length requirements for a block on the south side of Clearbrook Street for Clearbrook Estates Subdivision by R.K. Development, LLC - west of North Meridian Road and south of West Ustick Road: L. Findings of Fact and Conclusions of Law for Approval: CUP 03-024 Request for a Conditional Use Permit to construct a new dental clinic in an L-Q zone for Seegmiller Dental by Dr. Dave Seegmiller - south of East Gala Street and east of South Millennium Way: M. Findings of Fact and Conclusions of Law for Approval: CUP 03-037 Request for a Conditional Use Permit to move into older home used as office space, pave portion of adjacent lot, use as dealership for used automobiles in a C-G zone for a.p.M. Enterprises by O.P.M. Enterprises, Inc. - 1065 East Fairview Avenue: N. Development Agreement: AZ 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: O. Sewer and Water Main Easement for Cherry Crossing: P. Sewer Easement for Tuscany Village: Meridian City Council Meeting September 23, 2003 Pg. 4 of 44 Q. Streetlight Agreement tor Burney Glen No.1: ~ R. Approve Contract for Stenographic Services - MD Willis, Inc.: S. Resolution No. Approving the Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: T. Resolution No. Approving Collective Labor Agreement with Local #2311 International Association of Firefighters: De Weerd: Okay. Consent Agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda with Item J being moved to the regular agenda item as five J and for item S, the resolution approving -- understanding the Meridian Firefighters regarding wages, be tabled until October 7th, 2003, and that the Council President sign and the Clerk attest to all proper papers. Nary: Second. De Weerd: Okay. It's been moved and seconded with changes to items J and S. Mr. Clerk, roll call. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. De Weerd: Thank you. MOTION CARRIED: ALL AYES. Item 4: Department Reports A. Finance Department: 1. Finance Report: De Weerd: Okay. Item number four is Department Reports. We will start with item A with the Finance Department. Stacy. Kilchenmann: Madam President, members of the Council, I don't really have anything in particular top oint 0 ut with the financial statement this month, except f or a couple pleasant items that bond rates are going up and we have purchased some bond rates Meridian City Council Meeting September 23,2003 Pg. 5 of 44 with interest of six percent, so that's very good news. Hopefully, that direction will continue. A couple of ou.r other revenue items look a little higher than we anticipated. Everything else is right on track as we discussed as we prepared the budget amendment, so unless you have some specific questions and we are almost about ten days out from the new year's, so we are almost done with this fiscal year. Does anyone with any specific questions? B. City Attorney: 1. Addendum NO.1 to Agreement for City Attorney / Civil Legal Services: De Weerd: No. Probably just clarification to the Boy Scouts that are new year's means we are going into a new budget year on October 1st, so -- okay. Any further discussion? Okay. Item four B, City Attorney Addendum NO.1 to Agreement for City Attorney / Civil Legal Services. Nichols: Madam President, members of the Council, we submitted a request for a two percent increase in the retainer and outlined the basis for that several months ago. Actually, I think it was back in April, in advance of the budget, and so this simply reflects that. We have added one item that's outside the retainer, which is regulatory taking analysis, but we have also added an item of included services, which is to provide training to staff with regard to the new regulatory takings law. So, that's the only change in the contract is to increase the monthly retainer by 350 dollars a month. The monthly - - or the hourly rates will remain the same for those factors that are outside the regular monthly retainer. De Weerd: Stacy, we have adequately budgeted for these changes? Kilchenmann: I have not seen the contract with the changes. Bill, how much are the addmonalchanges? Nichols: Madam President, members of the Council, it's 350 dollars a month, so that's 4,200 dollars additional in the base retainer for the fiscal year. Kilchenmann: I think we should be okay. We left some excess in there for-- Nichols: And I believe, Madam President, members of the Council, that the budgeted number is still at or slightly less than the total amount that was in last year's budget and yet the retainer amounts and such are still considerably below that, if I recall correctly. Kilchenmann: Yeah. We did decrease it some, but that should be sufficient. That should be sufficient. De Weerd: Okay. Meridian City Council Meeting September 23. 2003 Pg. 6 of 44 Nary: Madam President? De Weerd: Mr. Nary. Nary: Bill, I was noticing in the Addendum, though, that the amount that's amended here is -- it says 850. So, was it 17,500 and now it's 17,850? Nichols: Yes. Nary: Okay. That's what I wasn't sure. The only other thing is I noticed the additional legal services, like you had said, the takings analysis, and I think that's very fair to include t hat as a dditional. I think there was a discussion last year 0 n t he additional services, that some of t hose services that your firm a nd yourself are currently doing were things we were eventually going to still try to move over to the Planning and Zoning Department. I realize this last year was very difficult to do that with some transitional things and I guess I was hoping this year we -- hopefully, we can get there. I think there have been some staffing needs to get that accomplished, but I think that was still the intent, isn't it? Nichols: Madam President, members of the Council, we still anticipate that at some point staff will be doing the findings. Staff did begin doing the recommendations and have been doing t he recommendations since I think a bout December 0 f last year. I think it was, so -- so, we have made that shift and that transition. So, the services still stay the same. We anticipate that there will be a change in the future, we recognize that. Nary: Good. Madam President, one more comment. One, I think we are getting a great value with you, Mr. Nichols, and I really appreciate the services that you provide and so I think it's really a good value for the city. A separate note, I mentioned this to the budget -- or to the Finance Director and as well with Mr. Nichols, that our prosecution contract also expires with the fiscal year and they had requested an increase and I was simply going to ask Mr. Nichols if he could contact them and get a resolution on it in a couple weeks, so that we can get that contract renewed and move forward or at least brought before us and, then, move forward on October 7th, if at all possible. De Weerd: Sounds fair. Anna, can you comment on where your department is in that transition? Powell: I have -- hopefully, that will be soon. I have just started developing into the whole process issues and trying to understand them. I just met with the City Clerk staff and my staff this week beginning that, so this came up on my list of priorities. ['m now at the process stage and the process thing, I think, involves re-Iooking at staff reports and talking with Mr. Nichols about how we structure those, so that we can accommodate those findings and those recommendations kind of within our staff reports and I did talk with him briefly last week about -- about getting with him to look a t a Meridian City Council Meeting September 23, 2003 Pg. 7of44 format, so that we can take those over. We have been superficially talking about it up to this point, but it is kindof,on my radar right now as my key task in helping my staff get their work done more efficiently. De Weerd: Thank you. Okay. Any further questions? Okay. Just for the record, under the Consent Agenda, item T, the resolution number is 03-411. Item 5: (Items Moved from Consent Agenda) J. Findings of Fact and Conclusions of Law for Approval: PP 03- 007 Request for Preliminary Plat approval of 36 building lots and 11 other lots on 11.45 acres in an R-4 zone for Clearbrook Estates Subdivision by R.K. Development, LLC - west of North Meridian Road and south of West Ustick Road: De Weerd: Okay. Item number five J, Findings of Facts and Conclusions of Law for approval of PP 03-007. Anna, did you ask that to be pulled? Powell: Yes, I did. De Weerd: Okay. Powell: We have been talking to you recently about some changes in plat notes that are coming down f rom the county surveyor before he signs off 0 n final plats, so we asked that on page five of 12 that condition of approval number two would read: Record an easement in favor of the City of Meridian on the lot that contains the pathway prior to issuance of the building permits. Said lot is numbered Lot 24 on the preliminary plat, and then, all the parenthetical information would remain the same. De Weerd: Okay. Council, do you have any questions about that change? Okay. I would entertain a motion. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve the Findings of Facts and Conclusions of Law for PP 03-007, Preliminary Plat approval with 36 building lots and 11 other lots on 11.45 acres in an R-4 zone for Clearbrook Estates Subdivision by RK Development, LLC, with the change on page five of 12 pages as stated by Anna. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the Findings of Facts and Conclusions of Law for PP 03-007, request for Preliminary Plat approval of 36 building Meridian City Council Meeting September 23, 2003 Pg. 8 of 44 lots and 11 other lots on 11.45 acres in an R-4 zone for Clearbrook Estates Subdivision. Mr. Clerk, roll call. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. De Weerd: Thank you. MOTION CARRIED: ALL AYES. Item 6: Public Hearing: Amendment to 2003 Fiscal Year Budget: Ordinance No. Amending the Annual Appropriation for 2003 Fiscal Year Budget: De Weerd: Okay. Item number six is a Public Hearing on Amendment to the 2003 Fiscal Year Budget and that ordinance number would be 03-1043, if it is moved to approve. Stacy. Kilchenmann: I wasn't going to go through the line items that we discussed at the last meeting, I was just going to summarize that the net effect on the General Fund is, actually, a bottom line increase in the general -- transfer to the General Fund balance of 121,315 dollars. The Enterprise Fund transfer -- the original transfer to fund balance was $1,087,419. That's been reduced by $708,427 dollars, for a net increase of $378,992, and the Special Services Fund has no net change in transfer to fund balance. So, do you want me to go through each individual line item again? De Weerd: Council, what is your desire? Bird: Madam President, are we changing the amounts? Kilchenmann: We are changing the amounts. Bird: Well, then, we got to redo the ordinance. Kilchenmann: No, we are not changing the amount from the ordinance. I thought you meant from the -- the ordinance should be the same, I just -- Bird: We are going to be 803,225? Kilchenmann: Pardon? Bird: We are going to be at a total of 803,225? Kilchenmann: Yeah. Those are just -- the way I presented it to you last week -- or when we did the -- or the prior week, I summarized it differently than the general summary that you're looking at, but the numbers are exactly the same as the numbers you're looking at. Meridian City Council Meeting September 23, 2003 Pg. 9 of 44 Bird: But are the parks staying the same, the Fire Department staying the same, and the Police staying the same? Kilchenmann: Yes. Bird: Everybody's staying the same? Kilchenmann: Correct. Bird: Okay. So, then, all we need to do is just have the ordinance read, the title of the ordinance read, and see if anybody in the public wants to have the whole thing read. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Madam President, members of the Council, you have to have a Public Hearing when you amend your budget and so I think you do that ahead of reading the ordinance and not at the same time. I would just -- but I would just say that because it's a Public Hearing and the other was just a presentation to Council, you need to go item by item and list these things, so it's part of the record. Kilchenmann: Okay. So, for the General Fund, I grouped it in those things that we increased, expenditures that weren't budgeted for, for the Ten Mile Study, 40,000 dollars, work on the police dog kennel that was budgeted in FY '02, but not completed in FY '02, so it got moved to 2003, 2,400 dollars, and an increase in irrigation taxes for the police, since they were the 0 nly building that was built out t here a nd the cost of t he pressurized irrigation exceeded that that was originally budgeted at 2,800 dollars. Then, we had expenditures that we increased the expenditure, but we also increased the corresponding revenues. We had the DUI state highway safety grant for 10,000 dollars, money we received from Ada County Highway District for purchase of the Storey Park right of way, 126,620 dollars, and, then, we had some increase in the rural fire shared fire expenses of 101,578 dollars. Then, we reduced certain expenditures, we called ita hold back i n anticipation 0 f shortages i n revenue and t here a Iso were programs that we actually did not implement in 2003. We had the 1 DO-year celebration and we reduced that by 10,000. The municipal study we reduced by 75,000. We didn't hire the Police part-time Crime Prevention Specialist that was 25,000. We didn't open Fire Station Three, so we saved 147,500 dollars in operating expense, and we reduced the original budgeted General Fund contribution to fund balance of 99,015 dollars. Then, we reduced some of our revenue items because a shortfall in anticipated revenue. The court revenue we reduced by 15,000, gas franchise revenue we reduced by 35,000. The investment interest revenue we reduced by 120,000, and garbage franchise revenue we reduced by 20,000. That was a total of 190,000. Then, on the Enterprise Fund side we had some increases in expense. We increased for the Black Cat Trunk Line lift station of 269,000 and we increased the Boise River outfall for Meridian City Council Meeting September 23, 2003 Pg. 10 of 44 125,107 dollars, and we increased the South Slough Sewer extension for 504,282 dollars and increased thewaste Signa project by 150,000 and then, we had an account, a project line item just for generic sewer extensions and we moved some of that money for those other projects, which gave us 339,962 dollars, for a bottom total increase in projects of 708,427 dollars. Then, we did some transfers from project to project, which didn't have any net effect on our total bottom line, but we moved pre-designed to UV outfall of 23,500 dollars and some money in Well 27 and the water tower painting project to Well 23 and 24 for 159,000 dollars, and those won't show up, those are just -- just transfers between projects, but we did discuss them and get Council approval, so we included them on the amendment discussions. Then, we had an unexpected revenue increase of a settlement from Empire Computer that we put into computers for 7,500 dollars, and then, finally, in special services, which, again, these items have no -- no dollar impact, but we had increase in expenditures for -- increase in office rent of 14,360 dollars, increase in phone expense due to the move of 1,700 dollars, increase in computer expense due to t he move for 1 ,000 dollars, increase in building inspection expense for 75,000, and an increase in plumbing inspection expense for 20,000. Then, the offset we had an increase in building permit revenue, because building permit sales exceeded the amount that was anticipated, which offset all the expenses. So, it, actually, is -- you won't have to do anything in the ordinance for that, but we just included it in our discussion of all the budget item changes. De Weerd: Thank you, Stacy. Any questions from Council? Okay. This is a Public Hearing. Is there anyone who would like to testify? Okay. Hearing none, Council, the Public Hearing is still open and I would entertain a motion to close. Bird: Madam President? De Weerd: Mr. Bird. Bird: I'd move that we close the Public Hearing for the amendment on the 2003 Fiscal Year Budget amendment. De Weerd: Okay. Do I have a second? McCandless: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing for amendment to the 2003 Fiscal Year Budget. All those in favor say aye. Okay. All ayes. MOTION CARRIED: ALL AYES. De Weerd: I guess at this point, Mr. Attorney, I would ask a procedural question. Then, do we go to Ordinance 03-043? Would that be the appropriate motion on this item? Meridian City Council Meeting September 23, 2003 Pg. 11 of 44 Nichols: Madam President, I believe it would be a motion to adopt 03-1043 and have the clerk read by title only.. De Weerd: Okay. So, we first need a motion to adopt or a motion to -- Nichols: Excuse me, Madam President, my mistake. The Clerk should read by title only and then, the Council can have their pleasure to decide whether to adopt. Nary: We do this every year. De Weerd: Once a year, fortunately. Bird: Madam President? De Weerd: Mr. Bird. Bird: Before we do this, I got a question for the -- for legal. Are these -- this ordinance, as we are going to pass right now, has all these figures down and they have been changed. I mean the bottom line is still the same, but the individual sections are different; is that right? Nichols: Madam President, I believe that the notice -- the hearing notice numbers that were published are the ones that match the ordinance and the detail that Mrs. Kilchenmann gave is the basis upon which the numbers were derived in the notice and so rather than just run through the numbers in the notice, she gave you the detail on each one of those items as to how those numbers were derived. Bird: Okay. De Weerd: Thank you. Mr. Clerk, will you read Ordinance No. 03-1043 amending the annual appropriation of 2003 Fiscal Year Budget by title only. Berg: Thank you, Madam President, members of the Council. Ordinance No. 03-1043, an ordinance of the City of Meridian, Idaho, amending Ordinance No. 02-973, the appropriation ordinance for the fiscal year beginning October 1st, 2002, and ending September 30th, 2003, appropriating additional monies that are to be received by the City of Meridian, Idaho, in the sum of 803,225 dollars and providing an effective date. De Weerd: Okay. You have heard the reading of Ordinance 03-1043 by title only. Is there anyone in the audience who would like it read in its entirety? Thank you. Okay. Council, I would entertain a motion. Bird: Madam President? De Weerd: Mr. Bird. Meridian City Council Meeting September 23, 2003 Pg. 12 of 44 Bird: I would move that we approve Ordinance No. 03-0143, the amendment of the 2003 Fiscal Year Budg(:3t ,and with suspension of rules and for the President to sign and the Clerk to attest. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1043. Mr. Clerk, roll call. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Item 7: Ordinance No. Ordinance: Utility Billing Directive De Weerd: Okay. Item number seven, Ordinance 03-1044, Utility Billing Directive Ordinance. Mr. Clerk, will you, please, read this by title only. Berg: Thank you, Madam President. Ordinance No. 03-1044, an ordinance of the city of Meridian amending Section 9-1-5, Applications for Water Supply, Section 9-1-20, payment for user charges, late fees, Section 9-1-21, Delinquencies, City Procedure, and Section 9-1-24, Water Fund, and of Chapter 1, Title 9, Water Use and Service and Section 9-1-4-28, Delinquencies, City Procedure of Chapter 4, Title 9, Sewer Use and Service, providing for the addition and deletion of language pertaining to utility billings, providing for conflicts, validity, savings clause, and providing an effective date. De Weerd: Thank you. You have heard the reading of Ordinance No. 03-1044 by title only. Is there anyone who would like it read in its entirety? Okay. Council? Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve Ordinance No. 03-1044, Utility Billing Directive Ordinance, with suspension of rules and for the President to sign and the Clerk to attest. McCandless: Second. De Weerd: Okay. It's been moved and seconded to pass Ordinance 03-1044. Mr. Clerk, roll call. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Meridian City Council Meeting September 23, 2003 Pg. 13 of44 Item 8: Ordinance No. : AZ 03~004 Request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: De Weerd: Thank you. Item number eight. Ordinance No. 03-1045, AZ 03-004, request for Annexation and Zoning for 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic. Mr. Clerk, will you, please, read this ordinance by title only. Berg: Thank you, Madam President, members of the Council. Ordinance No. 03-1045. An ordinance finding that SJJV, LLC, an Idaho limited liability company and the owner of certain real property generally located at 360 East Montvue Drive, Meridian, to be known as Montvue Medical Clinic and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Limited Office District (L-O), and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official 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 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: Okay. You have heard the reading of Ordinance 03-1045 by title only. Is there anyone who would like it read in its entirety? Okay. Hearing none, Council? Bird: Madam President? De Weerd: Mr. Bird, Bird: I move that we pass Ordinance 03-1045, request for Annexation and Zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, with suspension of rules and for the President to sign and the Clerk to attest. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1045. City Clerk, roll call. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. De Weerd: Thank you. MOTION CARRIED: ALL AYES. Meridian City Council Meeting September 23, 2003 Pg. 14 of 44 Item 9: Public Hearing: CUP 03-035 Request for a Conditional Use Permit for a martial arj:s I self defense establishment for children in a C-N zone for Karate For Kids by Petra, Inc. - southeast corner of South Linder Road and West Franklin Road: De Weerd: Item nine. Now, that we have chased the Boy Scouts off. We still have one left. It gets more interesting now. Okay. We have Public Hearing for CUP 03-035, request for a Conditional Use Permit for a Martial Arts self-defense establishment for children in a C-N zone for Karate for Kids by Petra, Inc. I'll open the Public hearing with staff comments. Powell: Madam President, m embers of the Council, this is located on the corner of Linder Road a nd Franklin Road, so i t's rig ht a cross from Hark's Corner. T he site i s currently undeveloped. The applicant is proposing a 6,000 square foot new building for a karate studio and then, there is also an expansion area of 1,650 square feet for future expansion. We did process this as a school. The zoning ordinance doesn't have a designation for these kinds of studios, whether they are art Studios or instruction Studios, so we are processing it as a school. Staff did recommend approval, as did the Planning and Zoning Commission. At the Planning and Zoning Commission the applicant's representative testified in favor of the application. There was no other testimony. The item of discussion was whether or not there was an existing easement associated with the ditch that would prevent the planting of trees and they resolved that there was not an issue and then, they just made a clarification for the record that the applicant was stating that there wasn't an issue. So, there are no outstanding issues for City Council. De Weerd: Okay. Council, any questions? Bird: I have none. De Weerd: Okay. This is a Public Hearing. Is the applicant here tonight? Okay. No. I guess he a greed with everything Planning a nd Zoning did. They must have d one a darn good job. So, any questions or -- Powell: Madam President, just to clarify, that this was tabled before, because we had to renotice, because the applicant didn't take the sign down, because he thought that he didn't need to attend a hearing at the City Council, so we seem to still have a learning curve going on here, so -- Nary: Madam President? De Weerd: Mr. Nary. Nary: Yeah. I know we normally certainly like to have the applicant here, but I mean this seems -- in reading the minutes, it sounded like they waited an awfully long time for Meridian City Council Meeting September 23,2003 Pg, 15 of 44 about a one minute discussion of one little thing, so I guess there is just a learning issue here, but I don't see a reason to delay this particular -- De Weerd: So, if you would like to, we could just have the Public Hearing closed. Bird: So moved. Nary: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on CUP 03-035. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Okay. Mr. Nary, do you have a motion? Nary: I guess I do. Madam President, I'd move the approval of CUP 03-035, request for Conditional Use Permit for a martial arts self-defense establishment from children in a C-N zone for Karate for Kids by Petra, Inc., southeast corner of South Linder Road and West Franklin Road, pursuant to all staff comments and recommendations of the Planning and Zoning Commission and for counsel to prepared Findings of Facts and Conclusions of Law and Decision and Order and it looks better than the patch of weeds that's there now, so -- McCandless: Second. De Weerd: Was that part of the motion? Nary: Yes. That would be part of the motion. De Weerd: Those will be interesting findings. It's been moved and seconded to approve CUP 03-035. City Clerk, please call roll. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: AZ 03-015 Request for annexation and zoning of 9.8 acres from RUT to R-8 zones for proposed Sageland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: Item 11: Public Hearing: PP 03-020 Request for Preliminary Plat approval of 39 building lots and 9 other lots on 10.64 acres in a proposed R-8 zone for proposed Sageland Planned Development by Quasar Development, Meridian City Council Meeting September 23. 2003 Pg. 16 of 44 LLC - northeast corner of South Locust Grove Road and East Victory Road: Item 12: Public Hearing: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Sageland Planned Development by Quasar Development - northeast corner of South Locust Grove Road and East Victory Road: De Weerd: Thank you. Okay. Items 10, 11, and 12 have been requested to be renoticed for October 14th at the regular City Council meeting due to plat changes. Mr. Attorney, do I need to open these public hearings or since they are renoticed, we just -- Nichols: Madam President, I think since they are renoticed I don't think you need to reopen -- you don't need to open anything, they have simply been noticed for a new hearing date. De Weerd: So, they are basically informational? Nichols: Exactly. De Weerd: Okay. So, we will be visiting 10, 11, and 12 on October 14th. Item 13: Public Hearing: ZOA 03-002 Request for Amendments to Sign Ordinance: De Weerd: So, we will move to Item 13, Public Hearing ZOA 03-002, request for amendments to the sign ordinance and I'll open the Public Hearing with staff comments from Brad. Hawkins-Clark: Thank you, Madam President, members of the Council. I was planning tonight just to go over a couple of highlights of this amendment and, then, maybe, after that just get your feedback as to how you'd like to proceed, since there is a number of them. We did draw this sketch on the screen as kind of what we'd like to see as the model for all future signs in the city, so we thought it was kind of a rustic dairy-like feel. De Weerd: That would be very sustainable I can tell. Hawkins-Clark: This whole process of the sign amendment, frankly, started when we adopted the current sign ordinance in February of 2001. At that point we went from a -- about a five paragraph code to a 40 page code and we thought that there probably, over the course of time, would be a number of issues that would arise that we wanted to keep track of and feedback from the sign community, feedback from business owners and tenants and things like that and so we did keep that list. This committee, as shown on the screen, was formed in the fall of 2002 and as you can see there, there were representatives from a sign company -- from the sign industry, Debbie Anderson, Idaho Electric Signs, Roger Llewellyn with Golden West Advertising. The representative from Meridian City Council Meeting September 23, 2003 Pg. 17 of 44 the real estate company industry was Stacy Wyrick with John L. Scott. Malcolm MacCoy served as a citizen repre~entative and then our P and Z Commissioner representative was David Zaremba. We had our first meeting in November and we had four meetings, with some back and forth phone calls, et cetera. The purpose of the committee, as I mentioned, was really to review this 18 month long tracking list of suggested changes to help sort of streamline, make it easier to understand some things that were confusing, new definitions. That was really the impetus and then, we had -- also the purpose of the committee was to recommend any new changes that they wanted to see. The Planning and Zoning Commission did have just one hearing on the zoning ordinance amendment. If you may recall, it was brought up at a joint Planning and Zoning, City Council meeting in April where we just kind of addressed the fact that we were in the process of setting it for a Public Hearing. There is probably about five or six key substantive changes that are going to really impact the way that the ordinance is, you know, going to have an effect on the sign industry and businesses and J was just going to highlight those. Probably, in terms of the definitions, if you read through it, we did add, I think, about six or seven knew definitions to bring clarity. What is a pole cover, for instance? That was something that came up. We had not had that before and so we did define that as a decorative structure or treatment that encloses the support structures, so it -- it is a requirement now that, basically, to avoid a metal pole, it helps to provide some esthetic value. Reader board was defined, strobe lights, subdivision identification signs and a few other clarifications. So, to the definition section that was really the -- the two main areas. The next section that got some discussion -- really, most of the discussion at the Planning and Zoning Commission dealt with the animated signs and how, if they are timed and how the timing works, what is scrolling, how does -- if there is going to be a difference between flashing and just images that change, how do you define that. The wording that the Commission came up with is what was included on the ordinance that you received and I, frankly, am not sure -- we did receive on our staff table tonight a page that had some recommended changes and I don't -- okay. Yeah. It didn't say who that was from, but I think it's from Debbie Anderson, so we will probably hear on that. Oh. Okay. No, it's not from Debbie, but we will find out, 1 guess, during the Public Hearing who that's from. But the way that the Planning and Zoning Commission worded is on the bottom of page 17 of the ordinance and it's number I, paragraph two, and it changed to read: All animation shall be programmed to a minimum five second display of image. This shall not preclude scrolling text, flashing and strobbing are prohibited. There was previously no -- no definition at all, really, of how the text on an electronic reader board would be presented on the display area and the question came up, well, how -- you know, how do you enforce such a thing and, really, there is no other way that the committee could come up with, other than just basically our code enforcement office standing there with a stop watch or something and clicking on it and seeing how long the image comes up and -- you know, otherwise, the ordinance would be too cumbersome and too difficult to understand. So, that was the language that was -- that was presented and ~s you can see there on the page that was submitted, there is another two paragraphs that kind of expound on that and I will just, I guess, leave that for how you want to handle the suggestions that are submitted there. Then, on page 18, there is also an addition of manual reader boards. The previous ordinance was silent on this issue. The new ordinance states that they are Meridian City Council Meeting September 23, 2003 Pg. 18 of 44 prohibited in all residential zones, except through conditional use for nonresidential uses and that's basically to cov,er, since our R-15 and R-40 zone allow for professional offices with a Conditional Use Permit, we didn't want to exclude reader boards if somebody came in with an office in a residential district, like under a planned development application or something like that and then, the second item there under manual was that they are restricted to a maximum of 50 percent of the allowable background area. So, if you have a 50 square foot sign, you could have no more than 25 square feet of that sign in a reader board -- in a manual reader board area. Nary: Madam President? De Weerd: Mr. Nary. Nary: Brad, if I could ask you before you go on from this one. On -- obviously, there is the one that was on our -- the one that's the disk is what the committee and P&Z have come up with and this one, this is a separate proposal, is that-- Hawkins-Clark: Correct. Nary: -- what I understand? Now, the one that's on -- the one that's on the disk in regards to the reader board and the particular area, don't we allow churches in residential zones a nd many churches have reader boards? Because that's going to impact that, and if it does, is it going to be in conflict with the -- Hawkins-Clark: I believe they are only allowed with conditional use permits in the R-8. Churches are allowed without a Conditional Use Permit in Limited Office, but-- Nary: Okay. So, some of these you have -- I just am wondering if you have a church that has an allowed use in an L-O zone that has a reader board, then, it's prohibited to have a reader board, is that going to have a conflict with the Religious Freedom Act or whatever the name of that is? Hawkins-Clark: That's a good question. I'm not sure that I'm prepared to answer. I mean I think the way that we have worded it here is we are not -- we are not saying that churches who want reader boards, if they are in a residential area, can't have a reader board, it's just stating that except as approved through a Conditional Use Permit. Nichols: Madam President, members of the Council, I'm not -- I don't know if we are talking about the same thing. Councilman Nary, were you talking about the automatic reader boards or just the manual ones? Nary: Well, I guess I don't know which -- I mean most churches, I guess, my experience has been they have manual reader boards, but I -- you know, technology changes and I don't know whether that's going to change, so I was just concerned that if we had a church that was in an allowed use and it basically comes in and gets a building permit, I wanted to be sure that we weren't going to run into some other claim by the church that Meridian City Council Meeting September 23,2003 Pg. 19 of 44 would infringe upon them, because we won't allow them to have their reader board. If the conditional use process is adequate, that's fine. I just didn't know if that was an issue. I just didn't want it to become an issue from some minor little change. Nichols: Madam President, members of the Council, I think we expanded the conditional uses for churches to R-40s. I think that was -- I know the industrial and there were some additional zones within which churches were permitted as conditional uses and so to the extent that one of those is a residential area, it would appear that the sign would be part of the Conditional Use Permit process and as long as the staff advises the churches up front if you want to have the sign as part of your conditional use, you have to tell us what it's going to look like and it has to comply with the sign ordinance. Nary: And I was just concerned, because I thought Brad said some of the churches are allowed uses in certain zones, so they would only be coming in for a building permit and so was there any problem in the fact that they would have to have a conditional use just to have a sign? How would we make sure they knew that and we didn't have some other conflict with that? Nichols: And, Councilman Nary, I think the issue is that where they are in allowed use is the L-O zone, I believe, and so in the L-Q zone they could have the manual reader board without a conditional use. Hawkins-Clark: Correct. Nary: They just couldn't have an automatic reader board. Hawkins-Clark: They just could not have an automatic. Correct. Nary: Right. Hawkins-Clark. Right. As I recall -- I mean the act -- I think you're talking about the Religious Land Use and Institutionalized Persons Act, yeah, which -- it was a long document, but I thought it was primarily use oriented and didn't necessarily imply that signs and all the other accessory kinds of uses on a piece of land are also they are exempt from, which is kind of what Councilman Nary was -- Nary: Yeah. That's my only concern. I don't know that it's a conflict I was just concerned that we at least have addressed that or at least were able to address that. Again, I don't know many churches that have automatic reader boards, but, you know, that's not something that's far fetched, so -- Hawkins-Clark: Shall I just continue through the -- De Weerd: Yes, please. Meridian City Council Meeting September 23, 2003 Pg. 20 of 44 Hawkins-Clark: -- main changes? Is that how you'd like to proceed? Okay. See, I think there was some no.tes on that same page, item K that dealt with the design of poles. I don't know that there is anything to highlight on that. Permanent signs can exceed the height by 15 percent of the allowable height with some kind of decorative item is what that last sentence on paragraph K is dealing with and that was, basically, just to help sign designers get some more creative elements in there. It wouldn't -- it wouldn't be a word or text or copy on that, it would mainly just be an element of the sign that is of architectural interest. So, that's the reason for that. On page 19, vehicle signs, there was a clarification added about what does actively mean when it states that vehicles signs prohibited. The last ordinance didn't clarify what exactly is a vehicle sign in terms of being actively used in the course of business and there -- this was raised by our Code Enforcement Officer, who was, actually, in the process of working with a couple of businesses around town that questioned what that meant. So, we are saying that if someone -- if a business has a vehicle that has a business emblem or logo or text on the side of their vehicle, that to park it in the same location for 72 hours or more, basically, almost treats that vehicle as a sign now for that business and -- versus if they are using it at least every 72 hours. So, if it's still somewhat of a judgment call, but somebody could get in their -- get in their vehicle, move it around the parking lot, and come back and park it in the same spot and that is what he was finding to be difficult to deal with and so this 72 hours matches what the Police Department has in their code in terms of abandoned vehicles and so we felt that was somewhat of a consistency there. There was not any discussion about that item at the Planning and Zoning Commission, so I just wanted to clarify what that meant. De Weerd: Brad, then, so what is the change on that in clarifying? Can they drive it around the parking lot and re-park it and go another 72 hours? Hawkins-Clark: Well, clearly, the intent is that that would not be actively used in the course of the business. We just struggled -- the Code Enforcement Officer and I worked some ideas f rom his perspective how is he going to enforce that, unless he hooked a video camera up to the roof of the business and had it going 24 hours a day. You know it's just -- it's difficult to say. I mean I -- the changes -- at least now he has something that he can point to that says this is -- you know, 72 hours you can't leave this vehicle on the same spot. You know, it needs move. Before that wasn't even in there, so, you know, he put chalk mark on the tire and, you know, they pull it up and back and that -- you know, it just gets into some pretty difficult interpretation issues when it comes to it. So, if Council or legal has other thoughts on how to get that, that's more than welcome from staff. Bird: Madam President? De Weerd: Mr. Bird. Bird: Yeah, I do have a -- I have a problem with that, because being in the business I was in, you know, we had some one ton, two ton trucks that we didn't use maybe for three or four days and you're just asking for three or four days. Of course, with our Meridian City Council Meeting September 23, 2003 Pg. 21 of 44 union contracts we had to have signs on our trucks, which we wanted anyway, certain size signs, and we -- and there was a lot of times that our bigger trucks, our one tons and one and a half, two ton trunks, would sit for a week without being use, because we didn't have a bunch of frames or a bunch of glass to take out to the job and of course, you use the smaller half ton and three-quarter ton trucks. I don't think it's -- I don't think it's fair to the business. To be truthful with you, I don't think that if they got signs on -- now, if they got a large sign in the back that they are using for a sign, that's something else, but if they are just -- if it's just attached to the door or to the racks of a glass truck, you're looking at something altogether different and some of those don't move for a week or even two weeks and I don't think it's right to penalize them. Nary: Madam President? De Weerd: Mr. Nary. Nary: You know, I guess the thing I see in here, Brad -- and sort of to follow up on Councilman Bird's comment, is maybe where the definition needs to be done is more on the section that says intended to attract or direct customers to the business, rather than the actively park, because, obviously, there is a difference in -- like Mr. Bird was talking about, on a lumber yard that has all of their trucks painted with the name of the company on it, versus, oh, say -- say I was running a tanning studio and had a van parked on the corner, for example -- hypothetically. You know, so maybe that's -- maybe that's where the real work is, is really in defining what's meant by that, because, clearly, that -- I mean I think we can all -- we all know what that difference is. Defining that is the hard part. But I think that's, really, where the key is, because I agree with Mr. Bird, many business -- you know, I mean this doesn't even incorporate a three day weekend if you just parked a vehicle there over a three day weekend, technically, you would be in violation. Realistically, we are probably not going to site somebody for that, but, you know, even one that was intended for that purpose, if it's just there and it's a company vehicle and they park it there for three days because it's a holiday, I'm not sure we would want to give a ticket for that. So, I'm not sure how to define that better. I guess I'm just saying that that's where I think, probably, where the definition needs to be better or at least more helpful to the code enforcement person. Hawkins-Clark: I n the first sentence of that it talks about that it has to be visible from a public right of way and this code doesn't regulate any sign of any type if it's not visible from a public right of way. It's just not regulated. It's just not a sign. So, I -- is that not a clarification or am I -- would that take care of -- for example, on the -- an example that Councilman Bird gave of the glass trucks, if they are parked around the corner or in the screened area or -- we could -- Bird: They are usually -- true. Most of your service trucks and stuff are parked behind the building, but there is times that some of them don't and you can see them from a public -- you know, you can go down Fairview Avenue and in our old shop you could see -- you could see 0 ur trucks at times a nd we usually had them parked behind a fence, but you could still read the signs and stuff on it and I know there is Cloverdale Meridian City Council Meeting September 23, 2003 Pg. 22 of 44 Plumbing right down the road that had the same thing and I think you're just penalizing -- I agree with Mr. Nary, L think it's just -- we need a clarification of how it's worded and I'm not to -- you know, I don't think we need to have people bringing a van in with a big sign on it and leaving it on the corner for advertising some business, but -- Nary: Forever. Bird: -- but when you got a lumber yard or a service company that -- I would think right now a good example is Meridian Plumbing out on Franklin Road, you can drive by that and see their trucks all the time and they are in a fence behind their office, but you can still see their signs there on their trucks and those are certainly not at the office -- parked at the office for a sign for the office, that's the sign when they are out traveling on the road. De Weerd: I think Mr. Nary's suggestion is -- kind of distinguishes between those different uses, so -- Mr. Nichols, do you have -- Nichols: Madam President. Brad, the areas where these become a problem, how close to the right of way are they? Hawkins-Clark: Oh, they are -- the three or four that our Code Enforcement Officer has been working on in the last seven months are all, you know, probably within 20 feet -- 20 to 30 feet. I mean they are close. Nichols: So, perhaps, within the definition could be included a vehicle which hasn't been moved and which is parked within so many feet of the right of way of a public street, would be a standard that -- if the vehicle is parked up against the building and not right out on the street or in the parking lot adjacent to the street, it's not likely to be intended as an in lieu of sign. If it's parked in the parking space on the corner of Cherry Lane and Main Street, then -- within ten feet of the right of way, five feet of the sidewalk, it's probably intended to be a sign. So, perhaps that can be added to the definition, some sort of distance from the right of way as a means of achieving enforceability. Bird: Good idea. De Weerd: Thank you. Nary: I like that. Hawkins-Clark: I guess -- yeah, Anna and I were just talking about -- our assumption is that we will probably come back with this at a later time, so we can work on some of that language, unless you were going to move on this tonight and then, we'd have to work that out, but I think we have got the idea. De Weerd: Yeah. We can put this back on October 7th and I'm sure you could come up with something by then. Meridian City Council Meeting September 23, 2003 Pg. 23 of 44 Hawkins-Clark: Sure. Okay. Let's see. The last item, I guess, on prohibited signs that I would mention to you was the addition of portable reader boards. That's an addition that was not in the -- in the last code that got some discussion at the sign committee meeting, not a lot, but I think the thinking there was that we now allow reader boards outright on permanent signs under this ordinance. Temporary signs that are defined as temporary here in the ordinance are allowed. The reader boards that are placed typically, you know, right out on the front of a parcel or a piece of ground, sometimes illuminated, sometimes not, but most of the time become kind of permanent fixtures and difficult upkeep, maintenance becomes a problem, they get, frankly, just kind of an eye sore most of the time. So, that was added as a prohibited sign. Bird: Madam President? De Weerd: Mr. Bird. Bird: Now, Brad, I know churches and offices that use those temporary reader boards for maybe a week at the most, keeping up for special events they have. Now, are we taking away that? I mean I can see taking these temporary reader boards or signs or whatever you want to call them and putting a time limit on it, how many days they can have it in front of their business, but I know a lot of churches will get them and -- for their Vacation Bible School or for their Christmas program or something and I don't -- or businesses have a special sale for a weekend or something and I don't -- I just don't believe that they are that offensive -- but I'm like you, I don't want to see them sit there for 30 days or two weeks or something, but I would think if we give a time limit, a week, ten days, or something like that. I don't think it would be offensive to the citizens or to anybody, but at least they could still use that as a promotional item and sometimes, you know, that's the best way to promote something that you want people to do, better than newspaper ads or TV and a heck of a lot cheaper than TV or something like that. So, I think we ought to look at -- I think you ought to really think on putting a time limit on it. I don't know how the rest of the Council feels, but I just -- I feel that those are used sometime very beneficial and I'm like you, sometimes they leave them out there too long and they do get to look horrible. Nary: Madam President? De Weerd: Mr. Nary. Nary: Yeah. I would agree with Councilman Bird. I guess the only thing on the time, I'm the same, I hate to see these become permanent signs, because that's what I think a lot of them are like, and -- but I think you can deal with that through those time limits and I think one of things that we don't always address very clearly -- and I think it's something we can do here, is it seems like sometimes we end up with a time limit that's got a little loophole that, essentially, allows you to have them continuously temporarily and I think that's, again, something we can deal with through the time limits where you can have them for a certain period of time and they can't be -- you can't have them for a Meridian City Council Meeting September 23, 2003 Pg, 24 of 44 lengthy period of time in between that. So, it isn't a one -- you know, one week and every week they come in, and buy a new permit forever. But that way -- because I do think it's a valuable tool for some businesses for a short time and I think for a short time they generally don't offend people, it's the lengthy time when it becomes permanent half the light bulbs don't work and somebody ran into it, that's when it starts being a problem, so that's where I think we should go. Hawkins-Clark: Well -- and maybe we can clean that -- we have right now, if it's a religious institution or a philanthropic 0 r a charity, they can dot he portable signs for those events for 30 days. I think maybe we just need to clarify that we are also allowing the reader boards as a part of those events and other businesses, I guess I heard both Councilman Nary say business and Councilman Bird mention the religious institutions, but, you know, we can -- we do have time limits on the temporary signs and maybe we just shift that portable reader board down into that section. Nary: Okay. Hawkins-Clark: Okay. Then, speaking of temporary signs, that's the next section, 11- 14-7. We added just a couple of clarifications on how they need to be erected, so they have to be securely fastened and that a temporary sign shall -- it says shall be illuminated. I guess that's, actually, a typo. The intent there was shall not be illuminated and the discussion that happened in the committee on that was the -- a temporary sign you're going to, essentially, have to run an extension power cord out in order to do that and often that's going to run across landscaping or parking areas that are unsafe. S 0, the reader boards and 0 ther temporary signs mostly are - - most 0 f them, anyway, are not illuminated, you don't see them typically be illuminated, so -- and we might probably should clarify on that that it's a direct or internal illumination, because, obviously, somebody might have a street light or something else that's going to light that, so we will clarify I that. Item number three on the bottom of page 20 is a clarification on the grand opening. We added going out of business as another allowable temporary sign that does not require a permit and, then, we also added the -- for a maximum of 60 days on going out of business a new open -- grand opening signs. That's 30 days longer than what the other temporary signs are allowed. De Weerd: And how long can they go out of business? How many years? Hawkins-Clark: Sixty days. Nary: That's it. Bird: It's on the sign. Hawkins-Clark: Let's see. A couple other clarifications. On the temporary signs, number four on page 21, there was that added last sentence that no other off-premise real estate signs, including new subdivision marketing signs, are permitted. As you probably know, there has been a lot -- a lot of the new subdivisions in Meridian like to Meridian City Council Meeting September 23,2003 Pg. 25 of 44 put the larger sort of sheet of plywood on four-by-fours that are directing traffic to where the new subdivision is going to be, whether that's on 1-84 or three m.iles or five miles away, to attract attention and sometimes those are in the county, which, obviously, this sign ordinance does not regulate, but if they are in the city, they are going to be deemed off premise real estate subdivision marketing signs, so -- there was a change to the -- Nary: Madam President? Hawkins-Clark: I'm sorry. De Weerd: Mr. Nary. Nary: Yeah. Brad, on that number four, I noticed -- this isn't a change, but I wondered - - is it a problem? Because on some of those ones there are no homeowners association yet. I mean it says it has to be owned -- it has to be on property owned by the homeowners association. Some of those that are in development are still owned by the development company and not homeowners. I don't know if there is a clarification that needs to be done, but sometimes there isn't one established yet. Heritage Commons is one, I guess, I thought of in that, where they don't have one yet, but they will. So, eventually, it will apply, but it may not apply at the outset, so I don't know if there is something that needs to be clarified there, just so we know -- we want to allow people to have it, someway to direct people there. We don't want to get tight up with some little technicality. Hawkins-Clark: 0 kay. Thanks. We can clarify t hat. I think it's a good p oint about maybe just clarifying that it's within the subdivision and eliminate who it's 0 wned by. Within the subdivision boundaries that it's advertising. Yeah. We shifted number nine on the promotional signs down to -- those are now allowed with a permit, instead of without a permit, and I think that was the only change -- skipping up to page 24, then. Nary: Madam President? De Weerd: Mr. Nary. Nary: Before you go on to something else, Brad, on the -- I know this wasn't a change, but on the political or campaign sign, there is a U.S. Supreme Court case that's on point that I think invalidates this ordinance and I think Mr. Nichols probably needs to look at that in relation to this. We did some recent issue about this over in -- east of here and there is some case law that's very specific as to what's allowed and what the Supreme Court says the city has to basically review with highest scrutiny, because of the First Amendment on allowing people in their own yard or on their own house to be able to advertise for a political cause or candidate and whether or not time limits are allowed and, generally, in the Supreme Court case they said there aren't going to be -- at least they didn't allow it in that case and it was -- I don't know if you're familiar with the case, Mr. Nichols. One of t he parties in it was the city of L edeau, Illinois, but they -- the Supreme Court had said that they were looking very closely at this type of ordinance -- Meridian City Council Meeting September 23, 2003 Pg. 26 of 44 local ordinance. They didn't have as much concern on commercial districts, but they had a significant conc~rn. of residential districts and this ordinance is no different than most that I have seen, so that's why I recognize what hasn't changed, but we may want to look at that before we -- since we are going through this rewrite anyway, because there was a case from Maryland that a federal district court allowed the homeowner, who wasn't allowed to have a sign in their yard, sue the city under Section 1983 and recovery damages and attorney fees for it. I don't really want to pay attorney's fees for somebody's sign in their yard, so I think we may want to look at that section specifically before we -- since we are in this rewrite process anyway. Nichols: Madam President, members of the Council, we can look at it again. I remember in the first iteration of this ordinance I think only one sign was allowed in the yard, so we did make some changes. Nary: I can send you the cases, too, that we looked at. Nichols: That would be very helpful and certainly shortcut the research. The other thing that it appears that perhaps maybe it's just a time line issue, because, otherwise, they are allowed to put up signs within certain limitations, so it's still a time-place manner type restriction, because it involves political speech and you have to be careful about-- Nary: Right. Hawkins-Clark: Okay. Thanks. We will certainly take a look at that. I think the only change to the temporary signs that's require a permit, which starts on page 24, it's all underscored, because we moved -- we moved the location of the paragraph, but in terms of the text, as you can see, there are five different types of signs that -- temporary signs that require a permit. Street banners that are stretched over a public street, search lights, balloons and other inflated devices that exceed the height of the building that's allowed on the site. Special off-site auto sale signs and, then, portable seasonal signs and the promotional signs is what was added. That's the one change to this section and promotional is defined by the ordinance as anything that's advertising new business, new hours of operation, new management. So, it's -- you're promoting something new or a change that has changed in your business and there was a lot of -- a lot of confusion for businesses and the property owners about, well, is this promotional or isn't it and so we just decided to say, okay, well, all these typical types of temporary signs that you see at convenience store and et cetera, they are all going to require a temporary sign permit, which means they can have 20 days consecutive and, then, they have to -- the sign has to be removed for 60 and, then, they can put it up for 20, remove for 60, so up to 80 days a year they can have these temporary if they get a 30 dollar permit. Nary: Madam President? De Weerd: Mr. Nary. Meridian City Council Meeting September 23, 2003 Pg. 27 of 44 Nary: You know, I'm not sure if it falls in this section, Brad, and it may be in here and just didn't see it, but I se~m to notice a lot of businesses lately, because they only have -- they only get to have one sign per building, have a sign and, then, a banner hanging next to their doorway and, then, like their windows painted into another sign. Does this address that? Because, essentially, they are just ignoring the fact that they are only allowed one sign by putting up a temporary sign, a window sign, and usually there is a temporary sign on the sidewalk in front of the business as well or somewhere else. I mean does it address those type of things in the temporary sign section or is that something else? Hawkins-Clark: Not really. Yeah. I mean this isn't saying that if you have a permanent sign you can't get a temporary sign. Nary: Okay. Hawkins-Clark: They can still apply for that. Nary: So, they could you have -- you know, the one wall sign they may be allowed for-- depending on the configuration of the business and, then, you go get a temporary sign for a banner that hangs up there forever, it seems like, on some of these businesses and, then, if they have their windows painted the same way, is that considered a sign, too? Hawkins-Clark: Yeah. No more than 25 percent of the window area can be covered with a sign and those are permanent signs that are allowed without a permit if it's below 25 percent of the total window area on the face of the building. But the time frame issue is what we are working on, frankly, on -- in terms of enforcement and that's -- I think this will address the, quote, unquote, permanent banner that's temporary. I think this will help that. Nary: Great. Thank you. Hawkins-Clark: Let's see. There are just a couple of small modifications in the next section. There are just about two or three main other changes I will point out. The permanent sign section is all underlined there, just because we shifted it into a different location of the ordinance. There are no substantive changes to the text. We changed all of the references to director in the ordinance to zoning administrator, which you probably caught up on that. We made a clarification on the number of planned signs on center signs. On page 30 we just wanted to clarify when someone comes in with like a Meridian Crossroads Shopping Center and they want to do a center sign versus just individual building signs, this was a clarification on how of those larger signs that they can have. Let's see. Section F on page 31 deals with the wall signs and the previous ordinance stated that you could only have one wall sign that is oriented to a street that was 18 percent of your wall area and, then, if -- you could borrow that percentage. So, if you wanted to do a wall sign on the street side and then, you wanted to do a wall sign on each of your sides of your building to catch traffic that's ongoing, you could do that, Meridian City Council Meeting September 23,2003 Pg. 28 of 44 but you had to borrow and we were -- we just -- we had difficulty sort of calculating that, frankly, and communicaHng what that meant. So, we got rid of the whole borrowing .. language thing and just said that the combined area of all signs cannot exceed nine percent on a wall that doesn't face a street or 18 percent on a wall that does and that also means that if you have two different types of signs that you want wall signs that you still -- that they are actually, physically, separated on the face of your building, that you can do that, you just combine the total square footage of those. The section -- the item eight on page 32 is just clarifying illuminated wall signs cannot be oriented to any residential use and we have not seen that. I mean most property owners and developers have been pretty conscientious about not putting illuminated wall signs there, but if they are -- and the intention there is if you're actually adjacent to a residential use. I think the clarification was one that was brought up by a sign company representative early on and, then, the final really main change -- and I think we got a slide that talks about this -- was in our 1-84 overlay area and this was -- this was one area that we did, actually -- staff is proposing somewhat of a slight modification from what the Planning and Zoning Commission recommended toy au. This is w hat was presented at the Planning and Zoning Commission. The concept here being that if you own property a tan interchange t hat the sides 0 f the sign and the height 0 f t he sign should be larger increase than if you're not at an interchange area. So, these three circles were calculated based on the geographic center point of the interchange. We took a 1,500 foot measurement from the center at the Eagle Road, Meridian Road, and future Ten Mile and kind of looked at, well, you know, what properties does that 1,500 feet impact. It became a little bit confusing as to, you know, how are we going to specifically draw the overlay. So, this map here -- I guess this is a little difficult for you to you see, but it shows that the Eagle Road and the Meridian Road interchange overlays are now basically following property boundaries for the most part. We talked about the Ten Mile interchange and how that overlay would relate to the properties, but since there is no interchange there today, we were struggling with where exactly to draw it, so that's the change from the Planning and Zoning Commission, was to propose eliminating that overlay until there actually is an interchange. So, there would just be two proposed freeway interchange signs overlays. I blew these up so you can see a little better idea. We, at staff, talked about stopping the overlay at Overland Road, so no properties south of Overland would be included in that overlay, either at Meridian Road or at Eagle Road and, then, we, I think, maintained the principle of the 1,500 foot radius and the visibility that you're going to get when you're either coming on an on- ramp or off-ramp. The signs in this overlay can go up to 40 feet in height versus -- regardless of what the zoning is. So, for example, this example on the screen, Meridian Road, the property in the Central Valley Corporate Center is zoned Commercial General, but, then, we have, you know, a couple other properties -- most of these on the west side of Meridian Road, I guess, are Ada County, so that's not a good example, but should they come in a t a limited office zone or a C-N, each of those districts has a different allowable height and what the Commission said was just if you fall within the overlay, it doesn't matter what your underlying zoning is, you get to have the same sign -- height of sign and the same size background area and then, here is the 1-84 Eagle Road. We, again, just kind of tweaked it. You have, basically, the same general distance as the circle radius, but it follows parcel lines and as you will hear tonight, Mr. Meridian City Council Meeting September 23, 2003 Pg. 29 of 44 Jacobsen, who is the owner of the franchise, the Subway franchise, who has been pretty involved with us in Jhis process and they have requested a rezone. As you may recall in the past, which the Council denied, and so this was kind of an effort to work with them and other property owners in the Magic View Subdivision as to how signage would be handled as that subdivision moves from residential to commercial. We basically took in this subdivision the properties that are zoned commercial, except for the three that are the furthest from the interchange and, let's see, the Commission also changed, instead of the background area for the signs in these areas being 80 to 100, they went with 120 square feet for a single building and 300 square feet for a center sign. Those were the -- those were in paragraph three on page 36 and other than, that I think the other changes were just kind of grammatical and/or just ease of reading through the ordinance. Unless you had any other specific questions, that's all at this point. Bird: I have none. De Weerd: Council? Okay. This is a Public Hearing, believe it or not, and it looks like we have a couple people who would like to testify. So, please -- I haven't seen the list, so you can just come up, as you would like to testify. Nary: And bring the list with you. De Weerd: Do you promise the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you God? Larson: I do. De Weerd: Please state your name and address. Larson: Madam President, my name is Cornell Larson. Address is 210 Murray Street in Garden City. De Weerd: Thank you. Larson: Madam President, members of the City Council, I am here a little bit in behalf of Mr. Jacobsen and probably over a year ago you had given us the directive to work with the sign committee on trying to come up with an overlay district, so that some of the freeway businesses could benefit from the traffic that is traveling down the freeway and could capture some of those freeway dollars. I had written a letter to Brad, which he has incorporated some of those suggestions into the ordinance and as I looked at what he had done, it looked like he had caught a good deal of the items that we had talked about. There was one item that was in the original ordinance on the spacing between the signs for freeway businesses and I had some concern there. A lot of the businesses that are around the freeway, a good deal of them are smaller businesses on smaller lots they are service stations, small restaurants, or drive-in facilities. Those typically exist on a smaller lot and to get a 500-foot spacing on signs is very difficult, so I don't know Meridian City Council Meeting September 23, 2003 Pg. 30 of 44 whether that got modified or whether there was a discussion at Planning and Zoning. I was unable to attend PI9,nning and Zoning, I was out of town delivering my son to college, so I did write the letter in an effort to try to give you some feeling for what we had in regards to reviewing the ordinance. We were -- in that same letter there was -- we made a comment about having a table that would speak to the requirements of the overlay district. There were several 0 ther tables in the 0 rdinance. I t would be very helpful if that could be put into one table just specifically for the overlay ordinance, so that the people in that area -- or the businesses in that area would have the opportunity to review that on a -- solely on their basis. The height, I believe Brad mentioned that they had recommended going up to 40 feet and we do support that. Initially, it was shown a little bit lower, but 40 feet -- probably the single most important thing a small business can do around a freeway to draw attention to their sign and so we support that. We were also looking for about 50 percent increase in the background sign on the size of the sign and I'm not sure how that replaced the 120 square feet, but I think it's pretty close to a 50 percent increase. With that, there was only one other little minor item and I think the ordinance made reference to the Uniform Building Code and I believe the City of Meridian has actually adopted the International Building Code, so you might want to consider that change and it may have already been picked up. I do not know that. With that, I would be happy to answer any questions you might have and we have met with the sign committee -- myself, anyway, have met with the sign committee once to discuss these overlay districts and to try to give some input into some of the initial concerns we had with the Subway facility and trying to get a sign there that would work for them. I believe Debbie from Idaho Electric Sign also has some information that might show how that sign would look based on the ordinance or she may not, I'm not sure, but we did have it at one time. I would be happy to answer any questions. De W eerd: Thank you. Any questions? Bird: I have none. Nary: Madam President? De Weerd: Mr. Nary. Nary: Mr. Larson, I guess -- I understand what you're saying on the 500-foot separation that does seem fairly large. When you do have a bunch of smaller businesses in one area, that would be certainly ideal to have more of a center type of sign, versus -- because, otherwise, I think it's going to look like a mushroom patch of signs. I mean it's just going to -- I don't know how we avoid a proliferation of 40-foot signs if we don't have some distancing requirement. I know that it tends to benefit who comes and asks first versus who gets the business later. So, what's your remedy to that? Larson: Madam President, Councilman Nary, we suggested that one sign per lot and I realize that that's a -- that might be a lot to ask, but we also suggested that as the individuals come in and visit with staff about the sign, that staff work with them to try to coordinate it, so we could have a little bit better coordinated effort on sign placement on Meridian City Council Meeting September 23, 2003 Pg. 31 of 44 those lots. I can understand your concern of having a large number 0 f signs a t the interchange, but the realjty of trying to get a coordinated sign between four or five different businesses is very hard to do, especially when some of them are existing and I think that if the ordinance spoke to one sign per lot and, then, some coordination effort with staff or their neighbors, so that they didn't have a real hodgepodge look, then, that might work fairly well and it kind of puts the burden on staff to try to work through that and also the a pplicant. But it's probably abetter solution than trying to come to a n agreement for a center sign in -- like, for example, at Meridian -- Meridian Road and the freeway, as the property to the west develops or comes into the city, that might be better coordinated, but if somebody were there decided they wanted to have a larger sign as a result of this ordinance, then, it's going to be -- might be very tough for them to gain that additional height in the sign and the size of the sign with the 500 foot limitation on it the way it exists now. Nary: Madam President. Just to follow up. I mean I guess my concern, Mr. Larson, you know, is the -- you know, there are other alternatives. I know there may be some limitations, especially food vendors at least have -- have the ITD sign that at least gives them an alternative. I know maybe it's not always the best alternative, but, you know, I guess I have been through a number of cities where as you go through the -- you know, you go passed an off-ramp and if you look over -- and Coeur d'Alene is one that just happens to come to mind at the moment where in the main section of Coeur d'Alene -- I mean you look off to one area and all you see is a proliferation of signs of varying heights. So that you could see them all, but j can't read any of them anyway and, you know, all it looks like is a clutter of them and I guess, you know, that's the balance, I guess, I'm not -- I'm not sure and I think that's what the Committee probably struggled with, that's what I'm not sure. I don't want that. I mean I guess I see that as more of a problem and I don't think that's a good solution. But, you know, I guess I don't know any answer -- I agree one sign per lot is probably not the right answer, but maybe something else -- you know, maybe something else we need to sort of kick around a little bit more, but -- Larson: Yeah, and maybe it's the fact that it's a shared location on two lots or something like that and I'm not sure what the answer is, but I do know that you 'probably do not want a clutter of signs, but -- a nd you may not get it, depending 0 n who the tenant is or what the specific use is at the interchange, but it is harder for a smaller business to gain exposure than it is a larger facility as well. So should you get like a ShopKo or a Fred Meyer or a Sam's Club and one of those intersections, then, it's going to become, you know, relatively easy for them to do a center sign or a larger sign and take some of the clutter away, but where you do have the smaller businesses, it's hard to gain the identity and I understand your concern, I'm not sure what the solution might totally be. De Weerd: Thank you. Any other questions? Bird: I have none. Meridian City Council Meeting September 23, 2003 Pg. 32 of 44 Hawkins-Clark: Madam President, could I just ask for a clarification on this? De Weerd: Yes. Hawkins-Clark: Because we have -- there is -- if I could go back. There are two different overlays that we are working with now. One of them, which isn't shown on here graphically, but if you take the right of way of the 1-84 and go 300 feet to the north and 300 feet tot he south, that's 0 ne 0 verlay, a nd that's where the 500 foot spacing requirement currently lies and then, this new overlay that's being proposed tonight is around the -- just the two interchanges. That overlay does not have a spacing of 500- foot requirement, so I was just asking Mr. Larson to -- if that's still a concern or if that takes care of the concern. Larson: No, that would take care of the concern and the way I kind of looked at it is the 500-foot spacing applied to both overlays and I might have misinterpreted it. Hawkins-Clark: Yeah. It just applies to the one as written. Larson: Yeah. Then, it would probably be pretty comfortable. De Weerd: But I guess that clarification maybe underscores what Councilman Nary said and having something in between, so that you can assure that you're not just going to have a mass of signs. Hawkins-Clark: It does, yeah, and we would appreciate feedback on that, because, yeah, right now it's one per lot in the -- at the interchanges. De Weerd: Okay. Thank you. Larson: Thank you. De Weerd: Debbie Anderson. Anderson: Madam President, members of the Council -- De Weerd: Can I swear you in, please, first? Anderson: Oh. Sorry. De Weerd: Is the testimony you give tonight the truth, the whole truth, and nothing but the truth, so help you God? Anderson: Absolutely. De Weerd: Please state your name and address. Meridian City Council Meeting September 23,2003 Pg. 33 of 44 Anderson: Debbie Anderson with Idaho Electric Signs, 6528 Supply Way in Boise. A couple of items that I WOl.J!d like to address initially as the item we were just discussing on the separation between those signs. It was my understanding when I spoke to Brad that the 500 foot between signs only applied to those businesses that have actual freeway frontage. Otherwise, they face 1-84. For the other businesses -- and I -- please correct me if I'm wrong, but I believe there is a 40 foot separation requirement between signs from property to property, if I'm not mistaken. Hawkins-Clark: I think it's 25. Anderson: Is it 25? So, maybe that is an issue you'd like to address to get, you know, maybe a little bit more separation. In some situations I know signs have been allowed to be right on the property line or within a few feet of the property line. Now, that creates a problem for the other lot, but I think that given the configuration of most lots and there are usually several optimal locations for the sign that can be, I think, addressed pretty simply, just by establishing so many feet between signs from property to property within that zone. The other issue that I would like to address is on the message centers. I was just given this sheet tonight. I'm assuming that Mr. Zaremba was the creator of this sheet and I have some concerns regarding the restrictions on those message centers as it's written, in that I think it excessively complicates the understanding of the ordinance. I think that the whole idea of redoing this ordinance was to simplify, to -- as Brad said, to streamline, so that it was more user friendly and easier to understand and easier to enforce. Well, ['m a sign person, I know h ow to program these signs, and I'm having a hard time understanding exactly h ow I would program a sign with all these restrictions, with the -- we did address some of this in the Planning and Zoning Meeting, for instance, the five second scrolling and that kind of thing, but I think that we are getting so complicated that normal people will not ever be able to follow this. It's too complicated for anybody to understand and I think because of the price of the message centers -- electronic message centers are not inexpensive, they are typically around 20,000 just for the message center itself. So, if you have got let's say just a reasonable size sign for a normal business, you're looking at a 25 to 30 thousand dollar sign and you're putting restrictions on it, which really won't allow them to use their message center in the way that it was intended or in the way that would most benefit that business and still maintain a certain amount of esthetic pleasantries, I guess, if you will. For instance, we did the Idaho Independent Bank sign down on Main Street now and I think that that's very well done. It doesn't flash, it's not obnoxious, they use that to scroll up and down, left and right. It does have a constant scrolling. It does not flash 0 r strobe a nd it's very well d one and I thin k that trying toe nforce that you would even limit them from using their sign in the way they have been using it I mean this would inhibit the use of that sign tremendously. I think it needs to be simplified without quite so much control over the message centers. [do know that in some cases there have been some abuses of those privileges in the message centers. There are some that are quite obnoxious within the city and I think that you can simplify the verbiage in this a little bit better to eliminate that, but still not over control the use of the message centers, because this is a high tech society and we are moving along, we are getting out 0 f the manual reader boards and that's considered something that's very Meridian City Council Meeting September 23, 2003 Pg, 34 of 44 archaic now and I think we are moving along to more of the electronic message centers, because of the value of .advertising in those. Also, J have something I would like to submit to you showing a 120 square foot sign in the overlay district at a 40 foot height and this will help you visualize -- this will help you visually to see how that would impact that area at 120 square feet and 40 feet in height. Nary: Do you want us to keep this? Anderson: Yes. It's submitted for your use. Nary: Okay. Okay. Anderson: I think staff has worked very, very hard on this new ordinance. I know that this is not an easy thing to do, there are always a lot of loopholes, no matter how careful you are and how hard you work on it, there is always going to be an exception to every rule. But I have to commend them. I think that they have worked very hard on it and they have done a fantastic job putting this together. There are just minor issues, I think, that need to be clarified and that's a simple thing to do and I'll stand for questions if you have any. De Weerd: You know, Debbie, I think that there has been a lot of clarity added to this and I don't think it will ever be simple. Anderson: Oh, no. De Weerd: I see business owners that get this ordinance and it's like, oh, my God, what does this mean, so -- but I do think there has been a lot of the guesswork taken out. Anderson: I agree. De Weerd: And it really has helped and maybe even in this proposal that's here in front of us tonight, you and Mr. Zaremba can work on making it more simple, but I would be interested to hear from him, but this -- in the first time was a point of great discussion and -- at the Committee, as well as during the public hearings and I think it will always have come contentious element -- Anderson: It will. De Weerd: -- so -- but you are right, I think it's probably the direction that people are going. With technology the way it is, it's something we need to identify and clearly define. Anderson: Right. I agree totally. Absolutely. So, thank you. Meridian City Council Meeling September 23,2003 Pg. 35 of 44 De Weerd: Thank you. Okay. Mr. Jacobsen, did you have testimony? Raise your right hand. Is the testimony yo.u provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Jacobsen: It is. De Weerd: Please state your name and address. Jacobsen: My name is Blaine Jacobsen at 3030 East Magic View Drive in Meridian. De Weerd: Thank you. Jacobsen: First of a II, I'd like to thank the City Council for getting this -- giving this committee a good push last time Cornell and I were here for approval on the signage. I'd also like to thank Planning and Zoning, Brad and Anna. Dave Zaremba has been very helpful in pushing this forward. Based on the confidence that we were able to build from these series of meetings, we knew that something would be happening on signage and that gave us the assurance that we needed to go ahead and build the store. We opened it in July. I wanted to give you a quick update on how the store is doing. It's not bad, it's running at about 80 percent of what the average store in the market is running, so it's a little bit below average. We believe that once we are able to put up the pole sign that it will be an above average volume store, you know, we certainly hope that it will be, considering the expense that has gone into the store. It's a very nice looking store. Subway corporate is using this store now as their flagship for the state, because it not only has an attractive exterior, but it's got an all new decor package on the inside and that's the look that Subway is planning to adopt with all of their stores. We have learned some real interesting things, though, in the time that we have been open. We have discovered that most of the business is right from the neighborhood itself, because we are set back from Eagle Road and don't have the visibility there yet, almost all of our lunch business is coming from that office park just off to the west of us. It's coming from either St. Luke's or from the office park there to the west. There are very few freeway drivers. There is a lot of freeway business at McDonald's and at Taco Bell, but they just don't know that we back there yet, but with the sign I think that that will be remedied. We have also learned that the business starts earlier, so we are going to be adding breakfast and probably closing earlier i n the evenings, which should be good for the neighborhood there. In response to your -- the comment that was brought up on the proliferation of signs, I don't know if I would be overly sensitive in that area, because it's such a landlocked area right now with the hospital and with the way that it is laid out, the way it's developed, I don't see a tremendous number of signs going in there. But think of it as a freeway driver when they exit, they want to be able to scan the horizon very quickly and that's basically their menu of where they -- you know, they get off looking for gas stations or looking for a place to eat and with the congestion on that road, they need to be able to see those signs very quickly and make their choice and I guess I would be a little bit concerned if there is two big of a separation, because the McDonald's sign was preexisting and it's within just a few feet, a yard or three or four feet of our property line and so, then, it would push us probably back to an unfavorable, Meridian City Council Meeting September 23, 2003 Pg. 36 of 44 probably a more unsightly position with the pole sign on our building. I would encourage us to move ahj3ad as quickly as we can. I know that you need to make a few of these changes on some of the other aspects of the signage ordinance, but certainly we are interested in seeing it move ahead quickly. Again, let me thank the City Council for the help that you have given us in getting this far with the sign ordinance. Thank you. De Weerd: Mr. Jacobsen, I appreciate your comments. I guess what I would like to see is something that would encourage the multi-use signs. With the McDonald's and the Chevron, you know, that's very attractive and you know that it's there. If there is ways -- and I know that would almost be off premise or if they come in as a development and it's all one business park type of thing that you could see those kind of joint signs, so each one them don't have different poles signs. Jacobsen: We would love to be on that sign. You know, maybe you can help us with John Jackson and get approval for signage up there. De Weerd: Yeah. We can replace it for maybe something else that's on there. Thank you. Jacobsen: Okay. Thank you. De Weerd: Appreciate your comments. Mr. Zaremba. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Zaremba: Yes, it is. De Weerd: Please state your name and address. Zaremba: My name is David Zaremba. I reside at 2540 North Crooked Creek In Meridian. Good Evening, Madam President, members of the City Council. De Weerd: Good Evening. Zaremba: First off, I would like to thank Brad for all of his work in this. He's minimized his role, he was a good moderator and pulling the committee together and a good presenter of compromises when we seemed to be fractious in our ideas and did an excellent job of keeping us moving and focused and keeping us pretty much all friends. As you have guessed, I was the author of this proposed alternative. I did not mean to provide it myself or at the last minute, however, I have been out of town most of the time since this came before the Planning and Zoning Commission and was just able to put this together and get it to the Clerk late today and I also see that in your version -- this would be on -- has slipped a page as 17 and 18, not on 16 as it was when we saw it. We are talking about the same part of it. First, let me say I'm very much in favor of signs for businesses. For ten years in another city I ran a small business myself, I know the importance of the on-site sign in making your business viable and it is important that Meridian City Council Meeting September 23, 2003 Pg. 37 of 44 they be visible and useful and I also have been a proponent of the interchange overlay district, along with what was already existing, the 1-84 corridor district and very much in favor of attracting business on. On the subject of the reader boards, we had quite a bit of discussion up and down, back and forth. As many of you can guess, it was really the Wendy's sign on Main and I believe it's corporate that irritated a lot of people and, secondarily, perhaps the pub sign on the north end of main that doesn't seem to meet the needs of Meridian. Along with being in favor of signage being effective, I'm also in favor of not having the esthetics of Meridian become -- I don't know how many of you are familiar with Van Nuys in California or certainly the old Las Vegas strip, which was very glitzy and had a lot of moving and flashing signage that really is disturbing to the safety of traffic in the nearby area. In the committee meetings we had quite a bit of discussion -- and, actually, I'm the one that came up with the five second idea by timing the sign at Pioneer Savings on Cherry Lane where the Albertson's is, which stays steady for about five seconds and then, moves on and it's a very comfortable sign to read as you're moving along. It isn't flashy or -- and, in fact, theirs doesn't change colors and do all sorts of stuff that perhaps more modern signs can go do. That's where I came up with the timing. In the discussions in the meeting, the discussion was had, well, if you have a sign that's only 20 percent of the background area and you limit the amount of text you can blow through it in the time available to a person driving 35 miles an hour, then, the sign needs to be bigger. Well, the suggestion that the background area be increased to 30 percent was a direct compromise to having t he five second steady -- and, I a gree, if you're going to hold -- if you're going to get less message through in the amount of time that a passing motorist would see it, I can support going to the slightly larger sign, but I feel a correlation between those two very strongly. When this portion of the discussion was before the Planning and Zoning Commission, we got to this well after midnight, we had been through a number of other issues and heavy issues and I didn't belabor the point of -- because the meeting was getting very late and we risk not all putting our best thought into it and I had hoped to make this particular proposal earlier, but, as I said, I was out of town and only got it done now. I am not stuck on any of this wording, I'm certainly happy to make it simpler if it can be made simpler. The part that I ask to preserve -- and, actually, the reason we started rewording it during the Commission meeting was that after we had agreed that there would be a five second steady display and, then, about a one second change and, therefore, a 30 percent sign, the idea was presented at the Commission meeting, well, what if there is a message that's a text message that's much longer, it needs to scroll continuously. Well, in trying to work that out, we also are trying not to lose the control on the ones that are just blowing your mind away as you drive. My personal opinion about a sign, it needs to identify a business that's there, it is not necessarily appropriate that today's special be what that sign presents and to give a lengthy message about today's special on it I don't feel is appropriate. Therefore, I do feel that it's okay to limit the splashy signs, so that they do have a steady period. A continuous text I don't have a problem with that. [call it a crawl. I see a scroll as a vertical movement. I call it a crawl going across. So, again, I'm not stuck to these exact words, but I would like to preserve the ability to not have flashy, glitzy signs all the way up and down the street. Again, I agree these are expensive signs, so they are probably not going to be on every Meridian City Council Meeting September 23, 2003 Pg. 38 of 44 property on Main Street, but they could be quite frequent and visualize 20 Wendy's signs up and down the stceet and how do we make sure that doesn't happen. Nary: You're giving me a headache. Zaremba: So, thank you all very much. De Weerd: Council, any questions for David? Bird: I have none. Nary: Madam President? De Weerd: Mr. Nary. Nary: I want to commend you, Mr. Zaremba, because I know you're not a lawyer and this is really good lawyering kind of language, because it really is a little bit confusing. But I think -- I guess I look at the intent here and, you know, it looks like the compromise that we ended with, the 30 percent, the five second display, the no flashing and strobing, which I think is really where a lot of the safety, sort of that obnoxiousness of these signs is that flashing and strobing, so I heard you say -- and maybe I just missed what you were trying to say, but I heard you say that you weren't married to this language that you're proposing, so -- but I'm not sure exactly which part of what was compromised and proposed you think we need to enhance. The 30 percent I heard you say was sort of the trade off with the five seconds and so -- was it this mode one and mode two and sort of giving that alternative? Anyway, is that what you -- is that where you think maybe we need to have a little more of that definition and that's why you have this mode one and mode two, whether or not we use different language for it, but -- is that what you were meaning? Zaremba: Madam President, Councilman Nary, I think the piece of it I have is the way the statement after what you read said: This shall not preclude scrolling text. That, essentially, removes all the rules again. That's the piece that I think needs to be more clearly defined, so that it doesn't contradict the sentence before it and that's really why I came up with, on my own, the idea of calling it two different modes. If it's a lengthy text, it's programmed one-way, the other things are programmed the other way that we talked about. I'm trying to provide for both possibilities and however that is done, I think there is a better way to say it than I said it, I'm sure, but I also think that the compromise that we came up with after midnight leaves some confusion about whether or not scrolling, essentially, contradicts the sentence before it. Nary: Well - and it may I eave a [oophole is kind 0 f your point, it may I eave a little loophole and maybe we need to find a way to do that. I think this might be a little confusing, but I mean there might be a way to get there still. Zaremba: Yes. Meridian City Council Meeting September 23, 2003 Pg. 39 of 44 De Weerd: And I don'tthink you're totally off from what I heard Debbie saying, so I think maybe if you can work together on this -- Zaremba: That would be a pleasure. De Weerd: Okay. Any other questions? Zaremba: I did not want to be the cause of the ordinance being delayed, so -- since it's being re-thought and reworded on a couple other issues, I'm happy to proceed with that, too. De Weerd: Thank you. I know j just volunteered you, but -- Anderson: Sorry. Madam President. De Weerd: Well, Debbie, would you be willing to work with Mr. Zaremba and see if you can come up with something that can clarify the intent? Anderson: Oh, absolutely. I think it was a very late hour and we were trying to move this along and not become stagnant and I think that it's just a matter of working out the terminology, based on what we know the message centers can do and what we want to see within our city. De Weerd: Okay. Well, great. Anderson: Thank you. De Weerd: Well, thank you. Nary: Madam President, I had one more question I think for Brad. De Weerd: Okay. Nary: You had mentioned it in your earlier report and in looking at it, it says here now that it would no longer be allowed to have oriented to the freeway subdivision signs, you know, and that means the ones that's even on their property, not ones that are orienting to -- I mean an off-premise sign, but even the ones -- and I guess, you know, we have been fortunate that at least the few we have seen have been pretty positive, like Meadow Lake Village. Is that -- what was the concern with the committee with that, just clutter or was there something else to that? I mean -- you know, I guess I'm just curious as to what was the rationale to say we don't want to have that type of identification for those residents. Hawkins-Clark: Yeah, and I may need some help from the other two sign committee members that are here. You know, I think the only -- the issue that drove that was the Meridian City Council Meeting September 23, 2003 Pg. 40 of 44 effectiveness of the advertising and you're never going to be able to access that subdivision off of 1-84 and, for the most part, you're not looking for a house, an address, a residents when you're driving on 1-84, you would be looking for auto oriented business, so that's clear, or possibly even other office complexes, but I think it was driven by a -- sort of a -- somewhat of a confusion for the driver, as well as unnecessary and maybe helps to -- with that 500 foot separation, you know, you're not going to have Marlin Subdivision there on 1-84 and that take up one of the 500 -- you know one of the signs that, then, creates a new 500 foot separation, but it really did not get much discussion, frankly. But I think those were the two main reasons. It's adding to clutter and it is confusing to the driver to be looking for and it's somewhat unnecessary looking for a residential subdivision when driving along 1-84. Nary: Madam President? You know, I guess, again, I don't know what everyone else thinks -- I mean, you know, whether or not there is a way to deal with that or not, I mean I guess if I'm the developer of one of those subdivisions, you know, and if I'm trying to direct people to find Meadow Lake Village, it's pretty easy to tell them where to find it, you know, by that sign, no different than Bodily RV or Western Equipment or any of those other ones. I mean it's -- and if someone has to tell -- if you had to ask anybody in the community where is Meadow Lake Village, they can probably tell you, more than the subdivision that's right next to it. So, I mean I guess I understand the discussion and, you know, maybe it isn't a big deal, you know, nobody's here, necessarily, proposing that, but, you know, it sure seems like that's fairly onerous to a residential developer and not to a commercial developer and the rationale that's being used is it's just as beneficial to the residential developer as it is to the business. I mean, you know, like I said, maybe it's not a big issue, it just seems to me that, you know, it can be done in a way that is very positive and I guess I'd hate -- I just always hate when there is rules that just say you can't do it, you just can't have it and it doesn't matter, you know, because its eems like there can be -- j f somebody had said -- if w e had this rule in place, then, Meadow Lake Village couldn't build that entry -- that signage on the freeway, I think that would have been a loss. I think that's been a very positive thing, both for them and for the city and I think it can be done positively for -- like I said, the exact same reasons that businesses like to have them. So, I guess maybe that's my only thought. I guess I'm not saying go ahead and change it -- at least I don't know that anybody else wants to change it, but it just seems to me -- I always hate those type of hard and fast rules when there are probably pretty valid reasons to do it differently. De Weerd: Well, actually, I wanted to add a Welcome to Meridian sign next to that. Bird: Madam President? De Weerd: Mr. Bird. Bird: I agree with Mr. Nary and I think if we -- we need to continue this Public Hearing probably until the 14th of October to give even -- maybe Brad can get the committee together and go over some of these. We have come up with some pretty -- between public testimony and the staff and everything, we have come up with some pretty good Meridian City Council Meeting September 23, 2003 Pg. 41 of 44 ideas and, hopefully, we can come back and -- with a little more defined proposal on the ordinance, so we do need. to keep the Public Hearing open, so we can have more public testimony and get these things worked out Everybody has come in with some good ideas and I think it needs to be done and they don't -- if there is no more public testimony or talking, I would move that we move the Public Hearing on the sign ordinance to October 14th, 2003. Nary: Second. De Weerd: Okay. It's been moved and seconded to move the public -- or to continue the Public Hearing until October 14th. Staff, does that give you adequate time and committee members present? Hawkins-Clark: I think it's adequate. Thanks. De Weerd: Okay. So, all those in favor say aye. Okay. That Public Hearing has been continued, then, to October 14th. MOTION CARRIED: ALL AYES. Item 14: Resolution No. Adopting Rate Structure Changes for Solid Waste Collection Services: De Weerd: Okay. We are on Item 14, Resolution No. 03-412 -- is that correct, Mr. Clerk? Okay. Adopting Rate Structure Changes for Solid Waste Collection Services. Mr. Clerk, would you, please, read this by title only. Berg: Thank you, Madam President, members of the Council. Resolution No. 03-412, a resolution of the City Council of the City of Meridian setting forth certain findings and purposes, authorizing the Mayor and City Clerk to allow, on behalf of said municipality, an annual CPI rate adjustment for solid waste collection services with Sanitary Service Company to provide for the solid waste disposal rate changes within the City of Meridian, dated the 1 st day of October 2003, by and between the City of Meridian and the Sanitary Services Company. De Weerd: Thank you. You have heard the reading of Resolution No. 03-412. Any discussion? Bird: I have none. De Weerd: Okay. I would entertain a motion. Nary: Madam President? De Weerd: Mr. Nary. / Meridian City Council Meeting September 23, 2003 Pg. 42 of 44 Nary: I'd move we approve Resolution No. 03-412, adopting the Rate Structure Changes for the Solid Waste Collection Services for the city. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve Resolution No. 03-412. Mr. Clerk, roll call. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Item 15: Resolution No. : Approving A ddendum No.1 to Agreement for City Attorney I Civil Legal Services: De Weerd: Okay. Item 15, Resolution No. 03-413, Approving Addendum No. 1 to Agreement for City Attorneyl Civil Legal Services. Mr. Clerk, will you read that by title only? Berg: Thank you, Madam President, members of the Council. Resolution No. 03-413, a resolution of the City Council of the City of Meridian setting forth certain findings and purposes, authorizing the Mayor to enter into, on behalf of said municipality, Amendment No. 1 to Agreement, titled Amendment No. 1 to Agreement for City Attorney I Civil Legal Services dated November 18, 2002, by and between the City of Meridian and White, Peterson, Morrow, Gigray, Rossman, Nye and Rossman, PA, for Amendment NO.1 to Agreement for City Attorney I Civil Legal Services. De Weerd: Okay. You have heard the reading of Resolution No. 03-413. Is there any discussion? Bird: Madam President, I do have a question. De Weerd: Mr. Bird. Bird: And I think Mr. Nichols can -- basically, what our agreement is, is with the firm of Peterson White, et cetera, et cetera, et cetera, but the agreement, actually, is with the understanding that Mr. Nichols is our attorney. I do not see that in here, but is this -- does this just refer to the existing contract that states that? Nichols: Madam President, members of the Council, this simply reflects the parts of the contract that are changed. Bird: Okay. Meridian City Council Meeting September 23, 2003 Pg. 43 of 44 Nichols: And those parts are the amount and the term and what's included within the retainer and what's not included, those two items I talked about earlier. So, that's it. Everything else is the same. Bird: Okay, and I have no problem with that. De Weerd: Thank you. Any further discussion? Okay. I'd entertain a motion. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve Resolution No. 03-413, approving Addendum NO.1 Agreement for City Attorney / Civil Legal Services. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve Resolution No. 03-413. Mr. Clerk, roll call. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Item 16: Executive Session: De Weerd: Okay. We are on to the addition to our agenda, Item 16, Executive Session. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move we go into Executive Session as per Idaho State Code 67-2345 B and F. Nary: Second. De Weerd: Okay. It's been moved and seconded to move into -- or adjourn into Executive Session. Roll call. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Meridian City Council Meeting September 23, 2003 Pg. 44 of 44 Bird: I would move that we come out of executive session. Nary: Second. De Weerd: Okay. Moved and seconded to come out of executive session. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: No decisions were made in executive session. [would entertain a motion to adjourn. Bird: So moved. Nary: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:16 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ATTESTED: 10 / /11 tJ3 DATE I tl1rrwvyt tu.ee-u:t fJ r.tfl tU.v f- C4y ~,;;t ( ** TX L . J RMATI ON REPORT ** CITY OF MERIDIAN AS OF SEP 19 'B3" :'9 PAGE. I'll 01 02 ro 04 05 06 B7 B8 B9 IB 11 12 13 14 15 16 17 21 28 MTE TIME TO/FROM MODE MIN/SEC PG5 09/1917:09 8841159 EC-S 01'12" 004 09/19 17: n 21il8884B744 EC-S 01'11" 004 09/1917'122088467366 EC-5 01'12" 004 09/19 17' 14 8985501 EC-5 01'10" 004 09/19 17' 16 Ll8RAAY EC--5 01'33" 004 09/19 17' 18 92083776449 EC--5 I'll' 11" 004 09/19 17' 19 208 388 6924 EC--S 01' 32" 004 09/19 17:22 2088886854 EC--S 01' 11" 0B4 09/1917:23 2B8 895 039B EC-S 01'10" 004 09/1917:26 2B8 387 6393 EC--S 01'26" 0B4 09/19 17:28 ADA CTY DEVELMT G3--S 02' 14" IilB4 09/19 17:31 208-888-5052 EC-S 01'11" 004 09/1917:33 CHERRY Li'lNE EC--S Bl'33" 004 B9/19 17:35 POST OFFICE EC--S 01'59" 004 09/19 17: 37 IDAHO ATl-LETIC C EC--S 01' 11" 004 09/1917:39 [D PRESS TRIBUNE EC-5 01'11" B04 09/1917:41 2088886700 EC--5 01'11" 004 139/19 17:46 381B16B EC--S Bl'S9" B04 139/19 17:59 CHAMBER-COMMERCE ---5 00'00" BOO TH I S DOCUMENT IS STI LL I N MEMORY At"O.Se Pes\- iCr pubhc no'hee: -Tho...rw.{\ I CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 23, 2003 a~ 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: CMDll 115 115 115 115 115 115 115 115 115 115 115 115 115 115 115 115 115 115 115 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK BUSY A. Approve minutes of September 9,2003 Pre-Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 03- 016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sundance Investments - southeast corner of East Overiand Road and South Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: PP 03- 018 Request for Preliminary Plat approval of 49 building lots and 2 other lols on BO.51 acres in a proposed C-G zone for proposed Silverstone Campus Subdivision by Sundance Investments _ southeast corner of East Overland Road and South Eagle Road: D. Findings of Fact and Conclusions of Law for Approval; VAR 03-016 Request for a Variance to maximum block length requirements for proposed Silverstone Business Center by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03- 021 Request for Preliminary Plat approval of 40 building lots and 6 other lots on 13.85 acres in an R-4 zone for Bear Creek NO.8 by Bear Creek, LLC - north of West Victory Road and east of South Stoddard Road: M~rl.jllm Cll)' Council ASenaa - S-cpll;iT1k 23.2'003 P.13c i nf 4- All m:llCfi1~;I; p~lI:nl-cd :Ilpublic rr.::;:~~l'I~ shall bctomc: propeT1Y oflhe C~l>, orM.~U~im. All;rut\C Llc:irlrtg .llc~nnll'nod3tlon for cHubllilies rt'I:aI~ IU L1rn:L1Inl:I'lUi ::,:ndlor hc:.uine,s ph:iL~C l;OI1I.;lr;:llhc C'iry Cfetk'li O!fil;lPnl SSS-C-4J) at.1C::3$.148 hol.lrs prior lO the publi~ IT.<<'ling. ** COMMUNICATIONS REPORT ** AS OF SEP 19 '03 18:03 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TI ME SEND 0085 SEND 00030'45" RECEIlJE 0000 RECEI lJE 00000'00" DATE TIME TO/FROM MODE MIN/SEC PGS CMDt:I STATUS 01 09/19 17:09 8841159 EC--S 01'12" 004 115 OK 02 09/19 17:11 2088840744 EC--S 01 ' 11" 004 115 OK 03 09/19 17:12 2088467366 EC--S 01' 12" 004 115 OK 04 09/19 17:14 8985501 EC--S 01'10" 004 115 OK 05 09/19 17:16 LIBRARY EC--S 01'33" 004 115 OK 06 09/19 17:18 92083776449 EC--S 01 ' 11" 004 115 OK 07 09/19 17:19 208 388 6924 EC--S 01'32" 004 115 OK 08 09/19 17:22 2088886854 EC--S 01 ' 11" 004 115 OK 09 09/19 17:23 208 895 0390 EC--S 01'10" 004 115 OK 10 09/19 17:26 208 387 6393 EC--S 01'26" 004 115 OK 11 09/19 17:28 ADA CTY DElJELMT G3--S 02'14" 004 115 OK 12 09/19 17:31 208-888-5052 EC--S 01' 11" 004 115 01< 13 09/19 17:33 CHERRY LANE EC--S 01'33" 004 115 01< 14 09/19 17:35 POST OFFICE EC--S 01'59" 004 115 01< 15 09/19 17:37 IDAHO ATHLETIC C EC--S 01 ' 11" 004 115 OK 16 09/19 17:39 ID PRESS TRIBUNE EC--S 01 ' 11" 004 115 OK 17 09/19 17:41 208 888 6700 EC--S 01 ' 11" 004 115 OK 18 09/19 17:43 3810160 EC--S 00'33" 001 119 01< 19 09/19 17:44 PUBLIC WORKS EC--S 00'24" 001 119 OK 20 09/19 17:45 12084664405 EC--S 00'25" 001 119 01< 21 09/19 17:46 3810160 EC--S 01'59" 004 115 01< 22 09/19 17:49 8841159 EC--S 00'24" 001 119 OK 23 09/19 17:52 2088467366 EC--S 00'24" 001 119 01< 24 09/19 17:53 8985501 EC--S 00'24" 001 119 OK 25 09/19 17:55 LIBRARY EC--S 00'28" 001 119 OK 26 09/19 17:56 92083776449 EC--S 00'23" 001 119 OK 27 09/19 17:57 208 388 6924 EC--S 00'28" 001 119 OK 28 09/19 17:59 CHAMBER-COMMERCE ----S 00'00" 000 115 BUSY 29 09/19 17:59 2088886854 EC--S 00'24" 001 119 OK 30 09/19 18:00 12084674538 EC--S 00'24" 001 119 OK 31 09/19 18:01 208 895 0390 EC--S 00'23" 001 119 01< 32 09/19 18:03 208 387 6393 EC--S 00'24" 001 119 OK ( ** TX CONhr<MRTION REPORT ** ( AS OF SEP 19 .0::"...;:03 PRGE.Bl CITY OF MERIDIRN DRTE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 18 09/19 17:43':3810160 EC--S 00'33" 001 119 OK EC S 00'24" 001 119 OK 19 139/19 17:44 PUBLIC WORKS -- OK EC S 00'25" 001 119 20 09/19 17:45 12084664405 -- OK 22 "'9/19 17:498841159 EC--S 00'24" 1301 119 '" EC S "13'24" 1301 119 OK 23 09/19 17:52 2088467366 -- '" OK EC S "'0'24" 001 119 24 09/19 17:53 89855131 -- '" OK 25 09/19 17:55 LIBRARY EC--S 013'28" 1301 119 EC S 1313'23" 0131 119 OK 26 09/19 17:56 92083776449 -- OK EC S 1313' 28" eel 119 27 139/19 17: 57 2138 388 6924 -- OK 29 09/19 17:59 2088886854 EC--S 130'24" eel 119 EC 5 0"" 24" 13131 119 OK 313 139/19 18:130 121384674538 -- '" OK 31 139/19 18: 131 208 895 e39B EC--S 00' 23" 001 119 32 09/19 18: 03 2138 387 6393 EC--S 1313'24" 001 119 ~~_________________ -------~---~~------------------------------------------------------------ M....yO}, Robert D. Con'ie P UtA.8 e.. %st .j;,.- ? ~lt'" ~-H~ -ThantS! lEGAL DEPARl"MSNT J; ., . (:lOS) 4GG.nn. FAX 4(0(,.4<105 Weridl;" CI'!"Y COUNCH. MEMBERS TOlomy de Weerd WIII,~m f" M, Nory Cherie McCond!ess Keith Bird ~". 10,\1'10 ~e~<!",o',!t!..JJi.:':;:ll'Ji "~ ~ \' V \' jl b PARKS I:: RECREATjON (2rl~) SS~->S79 . F., 898.55U I PUBLIC WORKS (2UX) S9S,550D . 1'.1< SS'.I!'n ElUlLllJNtj OEP.....RTMENT j208) SS7.""ll . 1'.., 887.1291 PLANNING &. ZONING (20&) 8&4.5S33 . F.:( &SS.G~S4 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN thaI the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, September 23, 2003 at 5:30 P.M. The Meridian City Council will be discussing the following agenda items: - Follow-Up from September 9, 2003: Discussion with Lee Centers on Silvercreek Subdivision (fka Powder River Subdivision) - Executive Session per Idaho Code 67-2345(1)(C) The public is welcome, to attend the meeting. DATED this 19th day of September, 2003. 33 EAST IDAHO AVllNUE. MERIDIAN. IDAHO 83642 . (208) 888.4433 Cily Clerk omco F,,~ (208) &88,4218 . HumM R.sourc<s Fo. (208) 884-8723 . Fillancc & UUli,y Bl!ling Fa, (108) 887-4813 >1<* TX CONF I RMAT JON REPORT >1<>1< ( AS OF SEP 19 'rr~. ~8:24 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 09/19 18:04 ADA CTY DEUELMT G3--S 00'40" 001 119 OK 09/19 18:05 208-888-S052 EC--S 00'23" 001 119 OK 09/19 18:06 CHERRY LANE EC--S 00'28" 001 119 OK 09/19 18:07 POST OFFICE EC--S 00'33" 001 119 OK 09/19 18:08 IDAHO ATHLETIC C EC--S 00'24" 001 119 OK 09/19 18:09 ID PRESS TRIBUNE EC--S 00'24" 001 119 OK 09/19 18: 10 208 888 6700 EC--S 00'24" 001 119 OK 09/19 18: 14 2088840744 EC--S 00'23" 001 119 OK 09/19 18:24 CHAMBER-COMMERCE ----5 00'00" 000 119 BUSY THIS DOCUMENT IS STILL IN MEMORY ___________________ --------------------------~---------------------------------------------- 01 02 03 04 05 06 07 08 09 MAYOR Robert D. Corrie P1.ect8~ ?ost ~ ?~k" ., i'l:(.,:.q ctG;dl;~ LEGAL OEPARTM6NT (:);og) 466-n12. fA.',; 466.4<10$ PARKS &: RJ::CREA'rIUN (20H) 888.3579' F.. $98.5501 PUBLIC WORKS (20~) 898.5500 . F,~ 837-1297 BU[WINtj DEPARTMENT (208) 887.2211 . F.., S87-1297 PLANNING &< ZONING (208) 584.5533 . F,~ 88.8.6854 CITY COUNClr. MEMBERS T~rnmy de We.rd WIiIl<t1l1 t. M. Nary Char';. McCandless Keitl, Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday. September 23, 2003 at 5:30 P.M. The Meridian City Council will be discussing the following agenda items: - Follow-Up from September 9, 2003: Discussion with Lee Centers on Silvercreek Subdivision (fka Powder River Subdivision) - Executive Session per Idaho Code 67-2345(1)(0) The public is welcome. to attend the meeting. DATED this 191h day of September, 2003. 1 \ t \ t ~ \ ~ 1111/ Ii .; \\\\. C ~.r:.,...... "1/ ..,\\ 'l 01 If'.c.,,..I/J') I~, ~ ......' :'\ --..... "'1~- .~:.- ,}' 0' O;,<PG:1.1 ;.:::...tj., <~ ,::: ~c; "'0\ ~ 2hafiY?s' Ik/jt7 ~ '$ 1 WILLIAM G. BERG, JR. -~IIX~ RK \c.?jl ! -::~ "57<::l ~r 15'1/ ...J.? ~,' ........;.".. wV c-- --..... ''f:~\~,~::.... .;:....,. 'vf J~li~'I , \. ,_\','" /'J J{ f ~: . . . I :', ~ \'..' 33l:::AST TDAHO AV!lNlJE. MERIDIAN, IDAHO 83li42 . (208) 888.4433 CilY C1er.k OffiC;:l Fa< (20~) B8S.421S . Hum~n R.sc:ources Fa. (208) 884-8723 . Fin"".e & UliliLyBllling F~ (208) ~S7-4813 ** COMMUNICRTIONS REPORT ** RS OF SEP 20 '03 05:00 PRGE.01 CITY OF MERIDIRN TOTRL PRGES TOTRL TI ME SEND 0008 SEND 00003'39" RECEIVE 0000 RECEIVE 00000'00" DATE TIME TO/FROM MODE MIN/SEC PGS CMDli STRTUS 01 09/19 18:04 RDR CTY DEVELMT G3--S 00'40" 001 119 OK 02 09/19 18:05 208-888-5052 EC--S 00'23" 001 119 OK 03 09/19 18:06 CHERRY LANE EC--S 00'28" 001 119 OK 04 09/19 18:07 POST OFFICE EC--S 00'33" 001 119 OK 05 09/19 18:08 IDRHO RTHLETIC C EC--S 00'24" 001 119 OK 06 09/19 18:09 ID PRESS TRIBUNE EC--S 00'24" 001 119 OK 07 09/19 18:10 208 888 6700 EC--S 00'24" 001 119 OK 08 09/19 18:14 2088840744 EC--S 00'23" 001 119 OK 09 09/19 18:24 CHRMBER-COMMERCE ----S 00'00" 000 119 BUSY ** COMMUNICATIONS REPORT ** AS OF SEP 21 '03 05:00 PAGE. 01 CITY OF MERIDIAN TOTRL PRGES TOTRL TIME SEND 0000 SEND 00"00' 00" RECEIVE 0000 RECE WE 00"00'31" DRTE TIME TO/FROM MODE MIN/SEC PGS CMDJ:t STRTUS 01 09/20 10:44 G3--R 00'31" 000 INC p\ea.Se. pot. for- pLJb\ lC-llJ-t\tC -lJ:'lYllLS ~ CITY OF MERIDIAN PRE~COUNCIL MEETING AGENDA Tuesday, September 23,2003 at 5:30 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. Follow-Up from September 9t 2003: Discussion with Lee Centers on Silvercreek Subdivision (fka Powder River Subdivision): (15 minutes*) 4. Executive Session per Idaho Code 67-2345{1){c): (60 minutes*) *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. rvleridi~n City COllncil Agenda - September 23, 2003 Page I of I AilnlateriHls presented Ht public meetings shail become property of the City of MeridiHn. Anyone desiring accommodation lor dis,lbilities relHted to documents and/or hearings please contact the City Clerk's Ornee Ht 888-4433 at least 48 hours prior to the public meeting. Affi.Sf Pas\- -Y pu b\ \ C no tt L c: -1hC\J\~',."\ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 23,2003 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 September 9, 2003 Pre-Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 03- 016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: PP 03~ 018 Request for Preliminary Plat approval of 49 building lots and 2 other lots on 80.51 acres in a proposed C-G zone for proposed Silverstone Campus Subdivision by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: VAR 03-016 Request for a Variance to maximum block length requirements for proposed Silverstone Business Center by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03- 021 Request for Preliminary Plat approval of 40 building lots and 6 other lots on 13.85 acres in an R-4 zone for Bear Creek No.8 by Bear Creek, LLC - north of West Victory Road and east of South Stoddard Road: Meridian City Council Agenda - September 23, 2003 Page J of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hcarings plcase COll1aCllhe City Clerk's Orfice at 888-4433 at least 48 hours prior to the public meeting. F. Findings of Fact and Conclusions of Law for Approval: PP 03- 016 Request for Preliminary Plat approval 0 f 11 building lots 0 n 10.97 acres in a C-G zone for proposed Southern Springs by The Land Group, Inc. - southeast corner of Meridian Road and Overland Road: G. Findings of Fact and Conclusions of Law for Approval: AZ 03- 014 Request for annexation and zoning of 33.25 acres from RUT to R-8 zones for proposed Tuscany Village by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: H. Findings of Fact and Conclusions of Law for Approval: PP 03- 015 Request for Preliminary Plat approval of 136 building lots and 10 other lots on 33.25 acres in a proposed R-8 zone for proposed Tuscany Village by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 03~029 Request for a Conditional Use Permit for a Planned Unit Development with reduced lot widths and setbacks for the proposed Tuscany Village by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: J. Findings of Fact and Conclusions of Law for Approval: PP 03- 007 Request for Preliminary Plat approval of 36 building lots and 11 other lots on 11.45 acres in an R-4 zone for Clearbrook Estates Subdivision by RK. Development, LLC - west of North Meridian Road and south of West Ustick Road: K. Findings of Fact and Conclusions of Law for Approval: VAR 03-012 Request for a Variance to block length requirements for a block on the south side of Clearbrook Street for Clearbrook Estates Subdivision by R.K. Development, LLC - west of North Meridian Road and south of West Ustick Road: L. Findings of Fact and Conclusions of Law for Approval: CUP 03-024 Request for a Conditional Use Permit to construct a new dental clinic in an L-O zone for Seegmiller Dental by Dr. Dave Seegmiller - south of East Gala Street and east of South Millennium Way: M. Findings of Fact and Conclusions of Law for Approval: CUP 03~037 Request for a Conditional Use Permit to move into older home used as office space, pave portion of adjacent lot, use as dealership for used automobiles in a C~G zone for O.P.M. Meridian City Council Agenda - September 23, 2003 Page 2 of 4 All materials presentcd at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities relatcd to documents and/or hearings please contact the City Clerk's Office at 888>4433 atlcast48 hours prior to the pubiic mceting, Enterprises by O.P.M. Enterprises, Inc. - 1065 East Fairview Avenue:, N. Development Agreement: AZ 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: O. Sewer and Water Main Easement for Cherry Crossing: P. Sewer Easement for Tuscany Village: Q. Streetlight Agreement for Burney Glen No.1: R. Approve Contract for Stenographic Services - MD Willis, Inc.: S. Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: T. Approve Collective Labor Agreement with Local #2311 International Association of Firefighters: 4. Department Reports A. Finance Department: 1. Finance Report: 5. (Items Moved from Consent Agenda) 6. Public Hearing: Amendment to 2003 Fiscal Year Budget: 7. Ordinance No. Ordinance: Utility Billing Directive 8. Ordinance No. AZ 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: 9. Public Hearing: CUP 03-035 Request for a Conditional Use Permit for a martial arts I self defense establishment for children in a C-N zone for Karate For Kids by Petra, Inc. - southeast corner of South Linder Road and West Franklin Road: Meridian City Council Agenda - Septel11ber 23, 2003 Page 3 of 4 All l11aterials presented at public l11eetings shall beeol11e property of the City or Meridian. Anyone desiring aeCOlllmodation for disabilities related to documents andlor hearings please eonlact the City Clerk's Onlce a1888-4433 at least 48 hours prior to Ihe public meeting. 10. Public Hearing: AZ 03-015 Request for annexation and zoning of 9.8 acres from. RUT to R-8 zones for proposed Sageland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: Re-noticed for October 14, 2003 City Council meeting due to plat changes 11. Public Hearing: PP 03-020 Request for Preliminary Plat approval of 39 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: Re~noticed for October 14, 2003 City Council meeting due to plat changes 12. Public Hearing: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Sageland Planned Development by Quasar Development - northeast corner of South Locust Grove Road and East Victory Road: Re- noticed for October 14, 2003 City Council meeting due to plat changes 13. Public Hearing: Ordinance: ZOA 03-002 Request for Amendments to Sign Meridian City Council Agenda - September 23, 2003 Page 4 of 4 All materials presented at public meetings shall become property of thc City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. MAYOR Robert D. Conie P 11~(j (: <Post t;r ? vJa--kt fIt3.h'Q *~"~'t1;, "~ c% CITY OF r~:~;'~I:.:,,- ',t,: '. ., 1- ~q . erldian -'J; ~\ .A JDAHO ;Y ~ ~/ C'~ QY ,"~~ 'i IT. 110, TREASURE Y ~ I S1!1~E .! 1903 - f j'Zan~S, CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird 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 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE \8 HEREBY G\VEN 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, September 23,2003 at 5:30 P.M. The Meridian City Council will be discussing the following agenda items: - Follow-Up from September 9, 2003: Discussion with Lee Centers on Silvercreek Subdivision (fka Powder River Subdivision) - Executive Session per Idaho Code 67-2345(1)(c) The public is welcome. to attend the meeting. DATED this 19th day of September, 2003. ,\ \ II \ \ !Ill!! Ii! II \\\\. ....t=!\ &;r-..-... II, ,....' .,,' 0, h, -':::',.'T}r"- '"'' ..........' <\-" ............_.."..."""'............r/'"-~:::.~ ..~/ ~..... ~,.. OY\PO."01 1>" '.-t-. ....-;. 2hfl(lY{SJ nZ~7( ~'~;1 c) WILLIAM G. BERG, JR. -:CIT'(~,L RK ~~,~f ) ,l~ -:;. "'Po '-. (1&, ."':\ .. ..0 ,'~ ..-;.. ~ "'............ I Q ~ ~<...-:;.... ~,.1 "''1" ------ ..<:,\~ <" /( t '\- ~>/ .~. .Ir. ..C..:., tt'\.~....-""{ ,,, .:' '~/I~. '" I;f .:;! f ~ ,.~",l,\'.'''\"\ 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 ** TX CONFIRMATION REPORT ** ( AS OF SEP 19 '03 17:08 PAGE. 01 CITY OF MERIDIAN 29 31 DATE TIME TO/FROM 09/19 17;03 PUELIC WORKS 09/19 17:06 12084664405 MODE EC--S EC--S MIN/SEC PGS 01' 11" 004 01'12" 004 CMDl:l STATUS 115 OK 115 OK -------------~-------------------------------~~--------------------------------------------- Aease PosA- -tOr fU bh c no.h c r: -1\Io..f\~ ~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 23, 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 September 9, 2003 Pre~Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 03- 016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: PP 03- 018 Request for Preliminary Plat approval of 49 building lots and 2 other lots on 80.51 acres in a proposed C~G zone for proposed Silverstone Campus SUbdivision by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: VAR 03.016 Request for a Variance to maximum block length requirements for proposed Silverstone Business Center by Sun dance Investments - southeast corner of East Overland Road and South Eagle Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03- 021 Request for Preliminary Plat approval of 40 building lots and 6 other lots on 13.85 acres in an R-4 zone for Bear Creek No.8 by Bear Creek, LLC - north of West Victory Road and east of South Stoddard Road: MenUl\\n <':;1)1 C<>llneil Agend' - S.pt<mber 23. 201H l'aS. 1 nr 4 All matcri.l~ pfClcnred ~l public moetings- lh.U hecome property of llie Cily ofMoridi:m. ^")u"e 1.l."irlng 300nmlTIOOJlion ror dls"bililiel rtl.l.uto document. ~l1rl!or heario(t$ pJ".~" canClclthe C'lf)' ClerK '$ Oflke at SS8~433 ~t least 48 hou.$ prfor1o the publi" meeting. ** TX Ce.r"r-l RMATI ON REPORT >!Ok 10 11 12 13 14 15 16 17 18 19 213 21 22 23 24 25 26 2? 28 3El 32 DATE T [ME TO/FROM 69/19 16:44 3816166 69/19 16:45 120846&44El5 69/19 16: 46 8841159 09/19 16:47 208884El744 09/19 16:48 2088467366 69/19 16:49 8985501 09/19 16:50 L[BRARY 69/19 16:51 92083776449 69/19 16:52 2es 388 6924 09/19 16: 53 2088886854 09/19 16:54 208 895 0390 09/19 16:55 Laurel 09/19 16:56 208 387 6393 09/19 16: 56 ADA CTY DEUELMT 09/19 16: 58 CHERRY LRNE 09/19 16:59 POST OFFICE 09/19 17:00 [DAHO ATHLET[C C El9/19 17:01 [0 PRESS TRIBUNE 09/19 17:02 208 888 6700 09/19 17:05 PUBLIC WORKS 09/19 17:00 208-898-5052 AS OF SEP 19 '133 CITY OF MER[DIAN _<3 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 EC--S EC-S G3--S EC--S EC--S EC--S EC--S EC-S EC-S EC-S MIWSEC PGS 00'27" 001 00'19" 0El1 00'19" 001 0El'20" 0131 0El'19" 001 0El'lS" 0131 00'20" 001 00'20" 001 00'21" 1301 00'19" 001 013'20" El01 00'21" 001 00'20" 001 130'39" 001 00'21" 001 00'26" 001 00' 19" 001 013'20" 001 00'18" 1301 130'19" 001 00'20" 001 CMDIl 114 114 114 114 114 114 114 114 114 114 114 114 114 114 114 114 114 114 114 114 114 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- p\ease. pOSt fo~ p\.Jh\ \(:_1"'0+\((;. -\\"\0.1'\ ILS ~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 23,2003 at 5;30 p.m. 1. Roll-call Attendance: City Council Chambers _ Tammy de Weerd _ Bill Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie- 2. Adoption of the Agenda: 3. Follow-Up from September 9,2.003: Discussion with Lee Centers on Silvercreek Subdivision (fka Powder River SUbdivision): (15 minutes.) 4. Executive Session per Idaho Code 67.2345(1}(c): (60 minutes*) *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a gUideljne only. Mcrldroiln C~'(l' Cuund! ^~'t,;ndil'" ~~f'lI-c:n"h(:t 21., ::!OO3 PilJ}1;' I ~t I Ail n'l:lt.;r~>"ll$ presenl;J iH p\.Ibllc nll.-"'C1inss sh:.1I b"lPJIlr= 'IllUpC'tl.y l.J.rth~ :e..;1I~ afMcria1i:.t\. IlnYUrtc iJ:c~lri"'B ~1:'o-mmOd:llfcn ror t.ljgbihuc.1: r.cl!lle:! It'i d"'.;:un~m!i !Ind/(}r lll;'::lrill~ ph:i:I.~c r;(lr.'t:I~[ Ih,= Cil)' Clc.rJ.;.fi. omr.:=-.il.~ 88s..q4Jl ::l11.;;u:t4$ hO~11"$l>ri-ot II) d.e publl': m.ccUn~ ** COMMUNICATIONS REPORT ** AS OF SEP 19 '03 17:08 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TIME SEND 0040 SEND 00015' 13" RECEI lJE 0010 RECEI lJE 00005'56" DATE TIME TO/FROM MODE MIN/SEC PGS CMDt:! STATUS 01 09/19 08:28 G3--R 00'31" 000 INC 02 09/19 08:30 G3--R 00'31" 000 INC 03 09/19 08:42 EC--R 01'31" 004 104 OK 04 09/19 10:26 2088886854 EC--R 01'35" 003 105 OK 05 09/19 13:00 208 475 3040 EC--S 01'27" 004 106 OK 06 09/19 13:02 208 475 3040 EC--S 00'21" 001 107 OK 07 09/19 13:25 208 887 7781 G3--R 01'12" 002 110 OK 08 09/19 14:14 lJia Fax EC--R 00'36" 001 111 OK 09 09/19 16:13 2083623063 G3--S 03'37" 006 112 OK 10 09/19 16:44 3810160 EC--S 00'27" 001 114 OK 11 09/19 16:45 12084664405 EC--S 00'19" 001 114 OK 12 09/19 16:46 8841159 EC--S 00'19" 001 114 OK 13 09/19 16:47 2088840744 EC--S 00'20" 001 114 OK 14 09/19 16:48 2088467366 EC--S 00'19" 001 114 OK 15 09/19 16:49 8985501 EC--S 00'18" 001 114 OK 16 09/19 16:50 LIBRARY EC--S 00'20" 001 114 OK 17 09/19 16:51 92083776449 EC--S 00'20" 001 114 OK 18 09/19 16:52 208 388 6924 EC--S 00'21" 001 114 OK 19 09/19 16:53 2088886854 EC--S 00'19" 001 114 OK 20 09/19 16:54 208 895 0390 EC--S 00'20" 001 114 OK 21 09/19 16:55 Laurel EC--S 00'21" 001 114 OK 22 09/19 16:56 208 387 6393 EC--S 00'20" 001 114 OK 23 09/19 16:56 ADA CTY DElJELMT G3--S 00'39" 001 114 OK 24 09/19 16:58 CHERRY LANE EC--S 00'21" 001 114 OK 25 09/19 16:59 POST OFFICE EC--S 00'26" 001 114 OK 26 09/19 17:00 IDAHO ATHLETIC C EC--S 00'19" 001 114 OK 27 09/19 17:01 ID PRESS TRIBUNE EC--S 00'20" 001 114 OK 28 09/19 17:02 208 888 6700 EC--S 00'18" 001 114 OK 29 09/19 17:03 PUBLIC WORKS EC--S 01 ' 11" 004 115 OK 30 09/19 17:05 PUBLIC WORKS EC--S 00'19" 001 114 OK 31 09/19 17:06 12084664405 EC--S 01'12" 004 115 OK 32 09/19 17:08 208-888-5052 EC--S 00'20" 001 114 OK ** TX CONFIRMATION REPORT ** AS OF SEP 22 '83 16:50 PAGE.01 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 DATE TIME TO/FROM 09/22 16:07 3810160 09/22 16:10 PUBLIC WORKS 09/22 16:12 12084664405 09/22 16:14 8841159 09/22 16:15 2088840744 09/22 16:17 2088467366 09/22 16:19 8985501 09/22 16:21 LIBRARY 09/22 16:23 92083776449 09/22 16:25 208 388 6924 09/22 16:27 2088886854 09/22 16:29 12084674538 09/22 16:30 208 895 0390 09/22 16:32 Laurel 09/22 16:34 208 387 6393 09/22 16:36 ADA CTY DEUELMT 09/22 16:38 208-888-5052 09/22 16:40 CHERRY LANE 09/22 16:42 POST OFFICE 09/22 16:45 IDAHO ATHLETIC C 09/22 16:47 ID PRESS TRIBUNE 09/22 16:49 208 888 6700 MODE 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--S G3--S EC--S EC--S EC--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 82'10" 004 01' 15" 004 01'16" 004 01'15" 004 01' 14" 004 01'21" 004 01'13" 004 01'38" 004 01' 14" 004 01'39" 004 01'15" 004 01'15" 004 01'14" 004 01' 16" 004 01' 14" 004 02'08" 004 01' 15" 004 131'39" 084 02'139" 804 01'15" 884 01'16" 004 01' 14" 004 CMDlt 138 138 138 138 138 138 138 138 138 138 138 138 138 138 138 138 138 138 138 138 138 138 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK ------------------------------------------------------------------------------------------~- ~ l1CtSe. 7o~* ~ rkb [.2<:. Vlo-h- Ce - ThtWt ~S I CITY OF MERIDIAN ~ CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 23, 2003 at 7:00 p.m. City Council Chambers 1. RoU..call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Bill Nary Keith Bird Revised ~ 9-~2-()J Approve minutes of September 9, 2003 Pre-Council Meeting: ~i_~di~gs of Fact and Conclusions of law fnr Annr^"...I. ^.,. n... 8. ** COMMUNICATIONS REPORT ** AS OF SEP 23 '03 05:00 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TI ME SEND 0093 SEND 00033'57" RECEIVE 0001 RECEIVE 00000'21" DATE TIME TO/FROM MODE MIN/SEC PGS CMDt:! STATUS 01 09/22 09:42 208 888 2882 G3--S 00'28" 001 128 OK 02 09/22 12:13 898 9182 G3--S 00'40" 001 131 OK 03 09/22 12:47 2084656609 EC--R 00'21" 001 133 OK 04 09/22 15:11 208 459 1952 G3--S 00'54" 001 134 OK 05 09/22 15:13 2088840744 EC--S 00'30" 002 135 OK 06 09/22 16:07 3810160 EC--S 02'10" 004 138 OK 07 09/22 16:10 PUBLIC WORKS EC--S 01' 15" 004 138 OK 08 09/22 16:12 12084664405 EC--S 01' 16" 004 138 OK 09 09/22 16:14 8841159 EC--S 01'15" 004 138 OK 10 09/22 16:15 2088840744 EC--S 01'14" 004 138 OK 11 09/22 16:17 2088467366 EC--S 01'21" 004 138 OK 12 09/22 16:19 8985501 EC--S 01'13" 004 138 OK 13 09/22 16:21 LIBRARY EC--S 01'38" 004 138 OK 14 09/22 16:23 92083776449 EC--S 01'14" 004 138 OK 15 09/22 16:25 208 388 6924 EC--S 01'39" 004 138 OK 16 09/22 16:27 2088886854 EC--S 01' 15" 004 138 OK 17 09/22 16:29 12084674538 EC--S 01' 15" 004 138 OK 18 09/22 16:30 208 895 0390 EC--S 01'14" 004 138 OK 19 09/22 16:32 Laurel EC--S 01'16" 004 138 OK 20 09/22 16:34 208 387 6393 EC--S 01'14" 004 138 OK 21 09/22 16:36 ADA CTY DEVELMT G3--S 02'08" 004 138 OK 22 09/22 16:38 208-888-5052 EC--S 01'15" 004 138 OK 23 09/22 16:40 CHERRY LANE EC--S 01'39" 004 138 OK 24 09/22 16:42 POST OFFICE EC--S 02'09" 004 138 OK 25 09/22 16:45 IDAHO ATHLETIC C EC--S 01' 15" 004 138 OK 26 09/22 16:47 ID PRESS TRIBUNE EC--S 01'16" 004 138 OK 27 09/22 16:49 208 888 6700 EC--S 01' 14" 004 138 OK September 19,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT September 23, 2003 ITEM NO. < 1 ~.ft REQUEST Approve minutes of September 9, 2003 Pre-Council 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: ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetrngs ~hall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 9, 2003 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: o Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Update on One-Way Street Discussion: Discussed (5 minutes*) 4. Discussion with Lee Centers on Silvercreek Subdivision (fka Powder River Subdivision): Answer Question September 23, 2003 @ 5:30 pm (15 minutes*) 5. Discussion of Utility Billing Directive Ordinance: Discussed (10 minutes*) *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridiun City Council Agenda - Septembcr 9, 2003 Pagc I of I All nmtcrials presented ut public mcctings shall become property ofthc City of Meridian. Anyone dcsiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Ofliee at 888-4433 atlcast 48 hours prior to the public meeting. Meridian City Pre-Council Meeting September 9, 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:30 P.M. on Tuesday, September 9, 2003, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, Cherie McCandless, Bill Nary, and Keith Bird. Members Absent: Tammy de Weerd. Others Present: Bill Nichols, Gary Smith, Brad Watson, Anna Powell, Kenny Bowers, Stacy Kilchenmann and Will Berg. Item 1. Roll-call Attendance: o Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Corrie: I'll open the Pre-Council Meeting on Tuesday September the 9th, 2003 6:30 P.M. City Council Chambers. I would like to have the City Clerk give roll call please. Bill Nary Keith Bird Item 2. Adoption of the Agenda: Corrie: The second item on the agenda is adoption of the agenda, Is there any corrections or alterations from the Council? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I'd move that we adopt the agenda as published. Nary: Second. Corrie: Motion has been made and seconded to adopt the agenda as published. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3. Update on One-Way Street Discussion: Corrie: Item number three is an update on one way street discussion. I believe is that going to be you Anna? ( Meridian City Pre-CouncH Meeting September 9,2003 Page 2 of 16 Powell: Yes. Corrie: Okay. Powell: Microphone might help huh? Am Ion? Corrie: Yes, Powell: 0 kayo I provided a rather detailed summary that is based 0 ff 0 f this matrix and this is one diagram I found in one of the articles that I read. I thought it gave the best summary as to the pros and cons of the one way couplet in general and I'll try and go through those quickly. I just noticed there is also the results from the Chamber that I did not see until I just opened this up so I won't be prepared to speak on that. I'm sorry I didn't notice. Quickly with regard to motorists, there are several factors that were looked at. One was mobility, the others were vehicle miles, turns, the through travel time and then the local travel time. You can see on the diagram the mobility refers to kind of how easy it is to get somewhere. Can you go there directly or do you have to make a bunch of turns, do you have to make turns to get there. The point being that on a two way street you can get there directly you don't have to go down Main Street go on a cross street and then come up Meridian Street. So the mobility is in the direction and vehicle miles is directly related to that so you will get a few more vehicle miles, I think they say a 30 to 40 percent increase with a one way couplet. This isn't exactly tied to our situation this is just kind of a generic case. Turns likewise you'll have more turns on a one way couplet all those are protected turns but you still do have to make more turns to get somewhere. The travel time as you see is clearly out of all the articles they all said that the travel time is better and in this case it says its minutes better on a one way system and that along with the capacity which is two down are the two key advantages to the one way system. You can increase capacity by increasing speed and you can also obviously increase travel time by increasing speed so those are the two real kind of winners as far as the one way couplet. The travel time for local though can be increased, mostly because of this issue up here where you are having to go down one street make a couple turns to get back up the other street so its more direct on a two way then it actually is or because its more direct it can be closer on a two way system than a one way system. Then they looked at the issues of pedestrians and I thought it was rather biased analysis as far as pedestrians go but the point was the conflicts that you might have between cars and pedestrians go. The point was the conflicts that you might have between cars and pedestrians and because the possibilities on a one way configuration can vary. Like one way to two way, one way to one way. There's just more varieties possible but really if you are in the habit of looking both ways the conflict sequences really shouldn't be an issue. The one thing they don't talk about though is with the increase travel times is there is an incidence where pedestrians gets hit by a car if you have a faster moving speed then that is potentially a bigger problem. Transit was an interesting issue that was brought Meridian City Pre-Council Meeting September 9,2003 Page 3 of 16 Up and what it gets at is if you are taking transit on a frequent or perhaps more importantly an infrequf;nt basis you need to know where it stops on Main Street as well as where it stops on Meridian Street Rather than you get off at Main and Pine on a two way street you can go back to Main and Pine and pick it up. So there is a little bit of confusion or just a little more learning that has to occur for transit riders when there is a one way couplet The retail, what that refers to is the visibility of a business because traffic is moving in a one direction only on the street you are going to have some of that store frontage is - the term they use is eclipsed - so you are not going to see a portion of that and they have 25 percent and that's kind of for more stand alone businesses so you just wouldn't ever see that unless you looked in your rearview mirror you wouldn't see that one building fayade as you went by. T he neighborhoods, t he access and mobility - these were a little even less scientific analysis on those. There's factors both ways and I think in my summary J got to both of those but I think most people would agree that the identity for an area is better on a two way just because you have traffic going both ways. There's certainly other people would say as is the argument that's here in Meridian that because you are getting more through downtown or encouraging more people to use the downtown that that would improve the access and identity. So there's really kind of proponents in both directions there that I believe I summarized in my short report there. I believe you also have a statement from Joe Silva regarding t he fire t ruck, and t hose a re a gain related largely to those three items up there for motorists because of the location of the Fire Station on Franklin Road, basically anything south of Franklin the travel times would kind of be increased because they kind of have to go out of direction to get there. That's the very short and sweet summary of Joe's report. I guess I'll leave it at that Corrie: Council do you have any questions of Anna? Bird: I don't Corrie: Okay. If anybody here wants to say anything at this point, we don't have a lot of time but if you have anything you'd like to say [ would give you about three minutes. Exline: I'll do this quickly. I'm a Meridian resident- Corrie: Name and address. Exline: Gerald Exline. 415 West Lake Hazel Road. Corrie: Thank you. Exline: I'm a design consultant and I've worked on architectural projects, planning projects allover the United States. Everything from Los Angeles International Airport to Kennedy Airport. I was in charge of esthetics on the Meridian City Pre-Council Meeting September 9, 2003 Page 4 of 16 Orange County Toll Road. I had designed every kind of building you could imagine including U}8, design of a very large number of small towns throughout the United States, largely in the Midwest and in the South. One of my former students has designed more small towns than anybody in the United States and I have helped him on a lot of these towns. One of the things that we found and my purpose in speaking at this point is that going to one way couplets in small downtowns is a killer. It destroys small towns. What the trade off is numbers and quantity and a few seconds of increase speed until you wait for the next stop light for the price of the downtown. In my opinion the price is too great and I think if you go to a one way couplet, this be my prediction and this is from experience, that it will destroy downtown Meridian, the business aspects of downtown Meridian and the quality of a small town. So as I said the issue is about quality versus quantity and a very small amount of time saved. By the way I might mentioned that I'm also involved in some preliminary design work on the old creamery project, and it's not that vested interest in for which I'm speaking but it's a factor in that regard. That will become quite a major landmark in this community. I have some drawings of that if you are interested in seeing any of it. Corrie: We will do that another time. Thank you very much. Johnson: Jay Johnson, business property on Main Street. I wish to concur what was just spoken. If you all remember or have copies that I distributed to you sir and the Mayor and a number of other people in regard to a periodically that was a trade journal that the ACHD association belongs to, that more less this information out how devastating one way streets are in their own publication. Their own trade journal in small towns because it becomes nothing more then ingress and egress to - in the town goes. That was out of their own publication. I hope somebody has a copy of it. I've moved, I've lost my copy of that but I made over a 100 copies and also I did a walk up and walk down the street survey that was turned in at the same time that 96, 97 percent of the businesses and or workers up and down Main Street would prefer the streets to maintain the same way they are. In my specific interest at Pine and East First, I would lose approximately five parking spaces that I have no place to replace to put my tenants or my employees. Thank you sir. Corrie: Thank you very much. Veneziano: Everybody knows me. Giussepe Veneziano, a resident of Meridian. I want to concur with what they say but also I want to add that one way couplet requires (inaudible) speed which can occur major accidents. Second of all would not benefit any business whatsoever because a customer has to pay us through in front of that business at least 23 to 25 times before he gets noticed. So I don't understand why some people didn't just put that petition - it just doesn't make any sense. Okay we want to line down the traffic has been proposed and I don't know if its ever going to go. Locust Grove Overpass, Ten Mile Overpass, you want to line up the traffic just open up the size of the town. Ten Mile at the other Meridian City Pre-Council Meeting September 9,2003 Page 5 of 16 end of the town, Meridian has extended over the Ten Mile Road over Locust Grove, that will cut practically the traffic in half on both sides. It lines up the traffic. ( Corrie: Okay thank you Giussepe. Anybodyelse? Council anything? Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I wasn't here at the Pre-Council where this was discussed previously but isn't the proponents of this here? I mean isn't that what part of this discussion - Bird: Mr. Mayor I believe that what they were told at the other Pre-Council, I'm quite shocked its back on here that we would have a public hearing before the City Council and we would do it sometime in probably October. That is the reasoning and I don't know about the rest of the Council but I want to see a public hearing because we are getting all kinds of different sources you know. Some of the business people that if 96 or 98 percent of the people that were for two way streets up and down the road like Mr. Johnson said. Well they sure signed the petition that said they want one way streets. [want to see a public hearing at a regular council meeting where everybody can come before I make any decision. Corrie: We aren't going to make a decision tonight. We just wanted to talk about it but we can certainly do that. That's fine we will set a time Council can hear it as a public hearing and notify it so we will have to look to you to time. Berg: Thank you Mr. Mayor. I just wanted to make a comment. This was put on the agenda so it wouldn't be lost, but we are still waiting for an update from the study of 1997 from ACHD's contractor. As soon as that information is probably brought forth then I think we were trying to set up a public hearing and invite all the property owners on both streets to that public hearing. Nary: Mr. Mayor. Corrie: Mr, Nary. Nary: So my assumption is from a process standpoint is the attempt is after this public hearing then we would either make no recommendation to study it further because its really up to the highway district unless I misunderstand. Or we make a recommendation to them to study it further to see whether or not that's a viable alternative. Is that process wise what we are doing? Corrie: Okay. Meridian City Pre-Council Meeting September 9, 2003 Page 6 of 16 , \( Item 4. Discussion with Lee Centers on Silvercreek Subdivision (fka Powder. River Subdivision): Corrie: Item number four is discussion with Lee Centers on Silvercreek Subdivision. Also known as Powder River Subdivision. Okay David. McKinnon: Thank you Mayor, members of the Council. Dave McKinnon. 12552 West Executive Drive, Boise, Idaho 83716. I guess I'm back in front of you again just like old times and I know that you guys have had numerous meetings about Silvercreek, formerly known as Powder River. We really are not looking forward to rehashing everything, so what I did is tried to take everything condense it to tell you what changes we've made, tell you what kind of process we are trying to go through right now and tell you how you are involved and what type of information we are seeking from you tonight. I handed out before the meeting just a little packet of paper. If you could all grab that and we can go through this really quick. It's condensed, it'll explain to you everything that we need to talk about tonight. For those people who don't know who haven't been on the process before, this is just on the east side of Linder Road about a half mile south of Victory and it's located of course in Meridian's area of impact and that's part of the reason we are talking tonight. Tonight is different from everything else because in the past we've dealt with everything from a 455 unit subdivision to a 29 unit subdivision to a 39 unit subdivision and tonight we are coming forward to you with a proposal for a 44 unit subdivision. The reason why we came up with the number of 44 is because 44 is more than 39, it's also more than 29 but it's not quite that 455 number. It becomes a key number because that's about where the break even point would be for us as we develop this site. On the piece of paper you should have a little bit of the top area under what underlined and it says that we are dealing with 152 acres and there's 44 lots on approximately 17 or 18 of those acres and that is all that we would develop in this subdivision right now if that's your desire until municipal services from the Black Cat trunk become available. That could be limited by a development agreement. When I worked for the city there was some discussion as to whether or not the City of Meridian could by a third party to a development agreement with the county and I believe State Code 67-6411 (a) would allow Meridian to become a third party to that development agreement. So the City of Meridian could allow the development agreement and be a signing party to that which would limit the development of this to just 44 lots. At the last discussion there was a great deal of debate as to whether or not this property should remain in the area of impact and because sewer service is a ways out. This would be a way of prohibiting it from continuing to grow until those services become available and keep it in the area of impact for the City of Meridian. There's a number of reasons why this is a good project this time around as compared to other times. The first one would be this subdivision would be built to city standards rather than Ada County RUT development standards. It would be a rural, that would be one for every five acres or a cluster development. In the cluster development we would be looking at one to one and a half acre lots with their own septic systems, with their own Meridian City Pre-Council Meeting September 9,2003 Page 7 of 16 wells and we wouldn't have the typical curb, gutter and sidewalk. We would just have sidewalk on onE? side of the street. There would be no fire hydrants. So this would allow the City of Meridian when they come to annex this, to annex the property with a II 0 f those things that you would typically s ee i n a city i n place rather than having the rural feel and then annexing the property. Second reason why this would be a great deal for the city is because there is a city well - we would be developing and building a city well. This city well would be given first rights of refusal to the City of Meridian to purchase this at a later date when it becomes needed for the City of Meridian to provide water service to this area. We would agree to pay for sewer connections up front. We would like to propose two inch water line that would reach from this development - a two inch sewer line that would reach from this development to the Bear Creek lift station. Therefore we wouldn't have a need for a package plant for a sewer system and has soon as the Black Cat trunk became available they would be able to hook up with the City of Meridian sewer system. The remainder of the property would again remain undeveloped. We would agree to pay for park impact fees right now even though we would not be in the city. We would have fire hydrants that would be part of the well agreement. Number eight is kind of an interesting number. We are basically looking for 14 more lots then we could develop in the county. In the county we could develop a cluster of subdivision with approximately 30 houses and we are asking for 14 more but it would be built to the city standards then county standards so that in the future when the city does reach out this far there would be an easy meshing of the two together. The final reason that we really felt that this would be important and for you guys to know is that the benefits would be both for the city and for the developer. The developer would be able to get a higher density there which means higher profit for him and at the same time it would be an urban style development that's been forecasted by the Meridian Comprehensive Plan. The Meridian Comprehensive Plan is shown in this area, three to eight units per acre, which is the same density we are proposing right now. If we were to go to a higher density at a rural development it wouldn't comply with the Comprehensive Plan. It is something that the city can keep us in line with because it would be through the development agreement to meet those city standards. The reason why we are in front of you tonight is because we don't have a path for annexation we are having to process this through Ada County. There is no way for us to be annexed into the city at this time, but in order to rezone you become a recommending body. We wanted to make sure that before we start the rezone process that this is something that you could live with and something that would be a viable choice for us as we continue to move forward with this project. The question of how this development is - the question is no longer is if this develops how will it develop, it's when this develops how is it going to develop? We are going to develop this property, we want to do it in compliance with Ada County's requirements and we want to do it within Meridian City's requirements. If we can do it with the approval of the City of Meridian, both the City of Meridian and us as a developer we're in a better position for the future. So we are asking tonight for your opinions on how this development should move forward whether you think this is Meridian City Pre-Council Meeting September 9, 2003 Page 8 of 16 something that would be beneficial for the city as well as for us. If you have any additional concerns or questions if we could answer those now before we start the process with the county. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Dave on the issue of density. If it's in the county and the county rezones it to R-4, will they allow further density that's (inaudible) cluster density because it's in the city's impact area? McKinnon: Yes they would. If the city provides services to it. Nary: So the key would be the link to the Bear Creek lift station? McKinnon: That's correct. Nary: (Inaudible) question, Mr. Mayor? Corrie: Yes. Nary: Brad it seems like whenever we have talked about it that, I seem to recall that there's been Bear Creek here every single time saying no one else is supposed to attach to that lift station but them. I don't recall if that's by agreement or was that a written agreement or was that the Council's agreement. Watson: Council member Nary, Mayor, Council members. There's no 0 fficial document that says that but when that particular Council made the motion to approve Bear Creek's preliminary plat I think part of the motion was that this was only approval to pump into another drainage area was only for that subdivision. I don't remember the exact language but we've been operating under the premise that no others could but there's no official document other than the findings of that preliminary plat that I know of. McKinnon: Mr. Mayor, members of the Council, Councilman Nary. When Bear Creek was approved it was approved for a certain number of units and since that time Bear Creek's actually expanded the number of lots within Bear Creek and so there have been additional units already placed on that lift station then were originally approved. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Pre-Council Meeting September 9,2003 Page 9 of 16 Bird: I believe when we passed Bear Creek and that lift station there wasn't any limit put on it other "th,an the fact of how full the sewer line would be capacity of that. I believe at that point, Brad and Gary, we aren't completely to full capacity on the sewer line are we? Watson: Council member Bird. No the discharge, the line to which it discharges is not at capacity but the lift station was physically designed to only accommodate a certain number of lots. Dave is correct, there are more lots going into that now and that's simply because we have done flow monitoring to compare what we projected that would come in there, compared to what actually is in there. We've been able to squeeze in a few more. I think the additional lots are what you will see later in the agenda tonight. Bird: I don't recall that we had any kind of restrictions or anything else on that lift station, I don't recall. Maybe you or Gary do but I don't think we had any restrictions or anything on hooking up to it or anything like that. Watson: Council member Bird. There wasn't a resolution or anything that was approved by you or the rest of the Council that said this is it. It was more of an understanding and what we made into a policy that no others were going to utilize that lift station at the time. That's what we've told anyone else that comes along including that very same developer on his property west of Stoddard, is we are not going to entertain that. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: So Dave what is it that you are seeking tonight? I mean do you want us to give you an answer tonight? Or do you want us to make sure we keep this in front of us so set it over so we have - Council member De Weerd isn't here, we probably need some time to kind of decide what kind of answer we can give you. What were you thinking we would do tonight? McKinnon: Well we are under the gun a little bit to get this process rolling with Ada County because they are currently using our old Comprehensive Plan from the City of Meridian. They are going to be adopting the new Comprehensive Plan and all of a sudden the rules changed with Ada County. They've got that on their agenda to get rolling in October. So when we start dealing with the area of impact of Meridian and the way they've got it on the Comprehensive Plan all of a sudden it's going to change for Ada County. We don't want to be stuck in the middle of that change. So before October we were looking for an answer, some sort of warm fuzzy from the Council that would say, this is something that we can live with, its something that we don't want to see. You guys have had numerous meetings. I know that Clint Boyle of Pinnacle Engineers before me, he had dozens of meetings with everybody from the Fire Department, to Public Works, to Meridian City Pre-Council Meeting September 9, 2003 Page 10 of 16 meeting with the Mayor, to meeting with Tammy, to meeting with Ada County. We are starting that process all over again. We want to get to a point instead of spending all the time meeting and meeting and meeting to get to a point where we can say let's go with something that everybody can live with. That's what we are looking for is to find out if this is something that everybody can live with. That's what we are looking for is to find out if this is something that everybody can live with and everybody can be happy with. Rather than starting a whole new series of meetings allover again. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I guess before - at least for me before I would want to do that I think I'd like to hear from Bear Creek. I see Mr. Arnold here and I guess I'd like to hear from them because that's the way I recall it and I think Mr. Birds right and I think Brad's right that there may not be necessarily something in writing or there may not be a resolution. At least I've heard it enough to know that's always been there perception is that this wasn't - and if its not going to make it over capacity at that lift station that's fine but I guess before I'll be willing to give you any warm fuzzy I think I'd want to hear what they have to say about it too because they are the ones that I think at least are directly affected right now. Before we get to the other issues of annexation and the future and the other things, I think the sewer obviously is the lynch pin here. So I guess I would want to hear from them. I don't know whether or not we could request they come back next week, two weeks. Corrie: Next week you are going to have one council and Mayor gone. McKinnon: Mr. Mayor. Nary: Next week or the week after? Bird: 23rd. Nary: 23rd would probably be better, we'd all be here. McKinnon: Mr. Mayor can I ask a question? Just one question for you Mr. Nary. The concern with the lift station is that Bear Creek owns the lift station or the maintenance of the lift station is being handled by - I guess the - Nary: I don't want to cut you off, but I guess what I have heard for the last couple years from Bear Creek is that there was some commitment of some sort from this Council that there would be no other people hooking on to that lift station. That's been reiterated to us a number of times. I wasn't here when that was done but I guess J want to hear their side of it before we would agree because that seems to Meridian City Pre-Council Meeting September 9, 2003 Page 11 of 16 be the key to your proposal and I'd like to give them the opportunity to at least give us their thoughts,about that. You are right it has increased in size from the original proposal they've added on some other phases. It may not be a capacity issue so they may not be a problem, I just don't know that but I've heard enough of their concerns when other developments have come forward when other developments have come forward like the Valley Shepherd Church and when that Kodiak Subdivision before they purchased that piece. That I've heard it enough that I guess before I would be willing to simple say, yeah that sounds reasonable to us, that we hear their side of that since that would directly effect them now. Powell: Mr. Mayor, members of the Council. Corrie: Anna. Powell: Usually when there's an Ada County application it does come through our office and we offer comments related to the Comprehensive Plan. It would be nice if staff could have that same opportunity on this one. Bird: David I want to commend you guys. You have done a real good deal of changing this around and I think I'm like Councilman Nary, we need to straighten out the lift station deal. Bear Creek in it from what they originally passed and stuff has grown quite a bit. I believe that Kodiak and the Valley Shepherd, I believe they flow into a different trunk with their original deal coming down Meridian Road. Do they flow backwards Brad? Or flow to the west? Watson: Again, I'm sorry Councilman Bird. I had asked Anna a question. Bird: Just on the Kodiak and the Valley Shepherd new site out there. They would flow into the sewer that would be laid down Meridian Road as I understand instead of going back to the lift station. Watson: The new Bear Creek lots that occupy the former Kodiak project will go into the Bear Creek Subdivision and at the lift station. Bird: Valley Shepherd will be on its own. Watson: It would go north into the existing line on Meridian Road. Bird: Okay then. My understanding was the capacity of the sewer line. Is that called the Locust Grove sewer line? Watson: It was the Ten Mile trunk. Meridian City Pre-Council Meeling September 9, 2003 Page 12 of 16 Bird: Ten Mile trunk. The capacity of it was what I was understanding was the problem (inaudible) Gapacity of the lift station and stuff like that. They have added quite a bit of usage to it. I mean Bear Creek themselves. Watson: Yes, Council member Bird. What happened is if you recall we require them to build a parallel line to remove or at least relocate a bottleneck and they did that. They did actually create some excess capacity. There is still a bottleneck, it's just a bigger one in a different spot. The lift station was sized and constructed in the force main to only serve what we thought at that time would be the Bear Creek Subdivision. Like I said earlier we had done some subsequent flow monitoring and the unit flows are somewhat less than what we projected. There is some extra room at the pumping station. If I may just real briefly, in January there was a list of questions that Public Works had on this when Council decided not to entertain this proposal anymore. We didn't follow through. didn't follow up on those because there was no reason we had better things to do. So we would need some time to ask those questions and make comments on some of this proposal. Bird: Mr. Mayor. I would like comments from the staff, not only from Public Works, Brad you and Gary. But also Anna's staff and Anna because I think they have really went back and have done a commendable job at changing the thing and something that if we can figure out a s ewer hook up or something that I might be able to support but I'm like Councilman Nary. I need some answers before I would make a recommendation on the deal even though - David you guys have done a real nice job of changing it and ~etting it more in deal. I would like the staff to do it and if we put this off to the 23r would that give you guys time at the staff level? Watson: Mayor, Council member Bird. It'll give me enough time to transmit the questions to Dave but I don't know that it's necessarily going to give us enough time for him to answer them and for me to prepare comments based on his answers. Just as an example, one of these was talked about and maybe this isn't part of their proposal anymore, water facility 0 and M agreements, how are those drafted? We need to review those, whose involved in those. Review of a non-development agreement I would presume would be a fairly substantial issue, not only for us but for Council and legal staff. Very specific agreements on the construction of the well and details and specifications. McKinnon: Mayor and Council. I can address actually a few of those issues right now. It's expensive to do all those things that Brad asked. It's expensive to write up an operations and maintenance agreement. It takes time and money to do that in addition to that it takes time and money to come up with the well agreement before hand to do that and it's an awful lot of money to ask of us to come up with before we have any idea of whether or not this is something you'll even support. Those are typically things that get worked out as it happens. We've come to a pretty much straight forward discussion with you saying these Meridian City Pre-Council Meeting September 9, 2003 Page13of16 are the things we are willing to do. We would do that. The operation and maintenance is sO,m~thing that we could work out with the staff once that happens but it's not worth putting in more and more money. This project I know that the owner has spent thousands and thousands of dollars to get it to this point already and to say we need to see all these things before we can approve them is typically not the way its done. A development agreement for a typical subdivision in Meridian is not written up until the developments been approved. The same type of situation would be here rather than having all the legal documents in front of you now, we would agree in principal to all the things we've discussed tonight, those are things that could be worked out. Corrie: Well Daivd, I guess I'm going to throw the ball back in your court. Council has made it pretty plain to me that they want some answers and if you can supply them and take your luck in answering those we can put it on the September the 23rd . You realize that you are taking a risk here if you don't have the information they want. You may get turned down. Otherwise you can have it October the yth, which is the next one we have. That would give you time to get all that information. So what do you want to do? Powell: Mr. Mayor while they are talking just because there is a fair number of public here I have to make a statement. I did work on this project for Mr. Centers so I would not work on this as it came through our office, just to clarify that point. Bird: Thank you. Corrie: Thank you. McKinnon: Mayor, members of the Council. We prefer to be in September. We think we could provide those answers if Brad's got that list of questions we will get those for you. Corrie: Okay. Well know you threw that ball back in my court. I'm going to ask the Council, do you want to do it the 23rd and then if you have enough information - Bird: That would be fine with me Mayor. Nary: Mr. Mayor. Maybe if we met at six on the 23rd. Corrie: We can't do that we've got executive session at six o'clock. Nary: Okay. Corrie: That's in reference to - Meridian City Pre-Council Meeting September 9, 2003 Page 14 of 16 Bird: Well maybe we will just have this one thing for the half hour just at 6:30 to meet with and just hav.e this. Do we have other stuff? Corrie: It's going to take an hour. Bird: The executive session is? Nary: I don't have a problem with even meeting at 5:30. Bird: I don't either Mayor. McCandless: I don't either. Corrie: All right then we will meet at 5:30. McKinnon: 5:30 on the 23rd. Nary: And I think I can echo maybe the same thing that Council member Bird. I'd commend Mr. Centers for bringing this project back again. I know it has been a tremendous effort to get it to even this. You know I do want to hear from Bear Creek, I think the staff has to have an opportunity to comment as well but I certainly think it looks very attractive from what we've seen before. It looks like something that might be workable but I really do want to hear from all the other folks and have their opportunity to give us their input about it. McKinnon: Okay. Corrie: Then we could have it at 5:30 and notice it for that. You have 30 minutes, is that going to give you enough time? McKinnon: Depends on the list of questions? How fast you want me to talk. Corrie: Six o'clock we've got to do. There's no question about it. McKinnon: I'll talk very fast Mayor. Corrie: All right David. Then you will notify staff. Will you notify and make sure that Bear Creek is here. Well he's here tonight but he knows about it. 5:30 on September the 23rd in the Chambers here. McKinnon: All right, we'll see you then. Bird: Thank you. Item 5. Discussion of Utility Billing Directive Ordinance: Meridian City Pre-Council Meeting September 9, 2003 Page 15 of 16 Corrie: Discussion of utility billing directive ordinance. Stacy. Kilchenmann: With much a ssistance with Bill Nichols we have drafted a new ordinance that addresses the billing portion of the utilities. Which will allow us to move to the split billing cycle and also accommodate the third party billing directive. So we wanted to just get this in front of you and see if you had any questions or suggestions because we would like to implement this in November before we do the sewer averaging. We have a list of names of landlords that have expressed an interest in the landlord portion so we are going to pull together a committee of those people. Kind of meet with them and talk about the actual details of implementing the third party directive but did after this is languished for awhile - wanted to see if you have any questions or suggestions. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: No I really don't. I think its very good. We do have a letter here from Ms. Stevens that really doesn't relate at least I don't think it relates to the billing issue, it's a different issue. I guess it's a fee issue and I'm assuming somebody's talked to her 0 r at I east tried tor espond to her concerns about t hat but I don't think that's really on the utility billing directive stuff and I think it's really good. Thanks to you, thanks to Bill. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I echo the words of Councilman Nary. In fact when I went through this and seen the stuff that Mr. Nichols I presume had scratched out, I can't believe this ordinance was in here. I mean this is very clear, a common dumb person like me can read it and understand it. So I think its great. Another deal I think we do need to look in if somebody hasn't talked to the lady. I presume the Mayor has probably returned her call, I was quite disturbed that we have a practice like that to be truthful. As far as the ordinance, I'm for bringing it forward and getting it passed. It looks good to me. Corrie: Okay lets do it, thank you. Good job] can even read it. With that then I will entertain a motion for closing the Pre-Council meeting. McCandless: So moved. Nary: Second. Corrie: Motion made and second to close the Pre-Council Meeting. Any discussion? All in favor say aye. All ayes motion carried. /. I,. Meridian City Pre-Council Meeting September 9,2003 Page 16 of 16 MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 9 / 2-3 / tJ3 DATE #-/rJlnp ~ ( uJ, C()~M. fJre-ft(,{elVt- \\\\lilllllllf! \\\1 A&.!,::" Ilfl ,,\\' g Of nrK::.f1!/)" 1/// ,,' A""G. ~A /,. :.::::'':::-0'" o?>poft,q;-; -71-....~ J!i ~ ~ 2;P -t.<'o ~ '"" .. ./ / .. L I -.;; ,.~'Q-x A1:TESTED: ~// . = 8~':;J1.1,.j = WILLIAM G. BERG, JR., CITY CLERK - 'Yu & ~ ;. Q "C!J 0 ~ ~ -y() uSr1S\' ~.f <\/ /.1 Cau'.-..J f;;'t(-",>,,, fIlIi .-. ~\J I 1 " \,....\' 11111;1I1111\\I\\\ 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 80.51 ACRES FOR PROPOSED SILVERSTONE CAMPUS SUBDIVISION, LOCATED EAST OF EAGLE ROAD AND SOUTH OF OVERLAND ROAD, MERIDIAN, IDAHO SUNDANCE INVESTMENTS, APPLICANT C/C 09/02/03 Case No. AZ-03-016 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING on September 2, 2003, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Cornell Larson, and Edward J. Thomas, 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 SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 1 OF 23 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 80.51 acres in size and is located east of Eagle Road and south of Overland 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 owners of record of the subject property are Sundance Investments Ltd Partnership, who owns the two (2) largest parcels, totaling approximately 77.8 acres. Ada County Highway District owns the third parcel (2.9 acres) along the east boundary. Both property owners have provided notarized consent for the subject applications. The applicant is Sundance Investments Ltd. Partnership. 6. The property is presently zoned R-l and consists of vacant land. 7. The Applicant requests the property be zoned as C-G (General Retail and Service Commercial). 8. The subject property is bordered to the north by Jewell Subdivision, to the south by Sutherland Farm Subdivision (future), to the east by farmland, and to the west by Silverstone Corporate Center. 9. The Applicant proposes to develop the subject property in the following manner: 48 lot commercial subdivision with 6 other lots, per a letter submitted with the revised Preliminary Plat by Pinnacle Engineers dated August 22,2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 2 OF 23 10. The Applicant requests zoning ofthe subject real property as C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use - Regional. 11. The Eight Mile Lateral and its wetlands are significant or scenic features of major importance that affects the consideration of this application. 12. The City Council recognizes the concerns of Trevor Roberts, expressed in his letter dated July 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 if the following conditions of development are imposed: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. Before the City approves any of the proposed uses that are not permitted in the C-G zone, the Applicant shall submit a Planned Development application and receive approval for all such uses. 2. A Development Agreement (DA) shall be entered into between the City of Meridian and the developer. Said DA shall be generally consistent with and utilize the same format as the recorded DA for Silverstone Corporate Center. The DA shall require that all uses, development standards and standards within the subdivision be defined through a Planned Development application for the subject property. The list of uses shown in Exhibit C of the Silverstone Business Canlpus annexation application is not approved and shall be amended through a separate Planned Development application. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. The Board of Commissioners authorizes the expenditure of available collected impact fees, or other District funds, if available, for the purchase of right-of-way dedicated by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03~016) PAGE 3 OF 23 applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, 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) an additional 23-feet of right-of-way along Overland Road, and construct a minimum 5- foot wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Provide a road trust deposit in the amount of $26,660.00 to be used for future sidewalk construction along the applicant's property. 2. Construct a commercial roadway that intersects Overland Road approximately 400-feet east of Silverstone Way to align with Jade Avenue, as proposed. 3. Construct a commercial roadway that intersects Overland Road approximately 1,150-feet east of Silverstone Way to align with Topaz Avenue, as proposed. *****The applicant has proposed to construct the internal roadways as commercial roadways. The proposed street section will accommodate for vehicular traffic that is anticipated to be generated by this site. It appears that the City's comprehensive plan wishes to have bike lanes at/near the half-mile. The commercial street section that is proposed will not accommodate for bike lanes. If the City requires the applicant to construct the roadway as a collector, the City should require the roadways to be constructed as 46-foot street section within 70-feet ofright-of- way. This would allow for 3-traffic lanes with curb, gutter, bike lanes and a detached 5-foot sidewalk. 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5-foot concrete sidewalk within 54-feet ofright-of-way, as proposed. 5. Extend an existing stub street (Copper Point Way) from the west property line approximately 160-feet north of the south property line, as proposed. 6. Extend Copper Point Way as a stub street to the east property line approximately 305-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREtI. 7. Extend Knapp Avenue from the south property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 4 OF 23 8. lfthe applicant would like a third access point to Overland Road, construct a 35-foot wide shared driveway that intersects Overland Road approximately 600-feet west of the east property line and aligns with the existing driveway at 3820 Overland Road. 9. If the applicant develops before the Overland Road project, construct a center turn lane for ALL of the approved access points that intersect Overland Road. Provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Dedicate sufficient right-of- way to accommodate for the turn lanes that have been identified by the traffic impact study. 10. Construct right-turn lanes for ALL of the approved access points that intersect Overland Road, as they become warranted. Coordinate the design of the taper with District staff. Dedicate sufficient right-of-way to accommodate for the turn lanes that have been identified by the traffic impact study. * *The applicant is required to provide a financial surety for the construction of the right turn lanes on Overland Road. Once the turn lanes have been constructed or the District has entered into a contract for the construction of this segment of Overland Road, the financial surety will be released. 11. Identify and complete the proposed wetlands mitigation that was proposed as a part of the Silverstone Corporate Center Subdivision in accordance with the wetlands mitigation permit that was issued by the United States Army Corps of Engineers. 12. Provide the District with a parcel that is equal to and greater in value and size than the previous parcel. 13. Provide the District with drainage calculations and drawings showing that the newly proposed pond will have a capacity that is equal to or greater in storage area than the previous parcel and will function at a level that is equal to or greater than what the District had originally designed. 14. Install an adequately sized drainage pipe that will extend from the proposed drainage pond to Overland Road through the Topaz Avenue right-of-way. 15. Provide the District with sufficient access to the site by providing the District by providing public road frontage and a permanent easement through the adjoining parking lot for additional access to the pond. 16. If the applicant chooses to landscape the drainage pond, the applicant shall obtain a license agreement for all landscaping that is proposed within the District's right-of-way, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDNISION- (AZ-03-016) PAGE 5 OF 23 drainage pond or easement. The applicant is required to have all landscape and sprinkler plans reviewed and approved by the ACHD Drainage Division. 17. Other than the access points that have specifically been approved with this application, direct lot or parcel access to Overland Road is prohibited. Notes of this are required to be placed on the final plat. 18. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 6 OF 23 applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use 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 the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1 D. Adopt the action of the City Council taken at their September 2,2003 meeting as follows: 1. For clarification: a. The applicant stated at the September 2, 2003 meeting that the drainage lot may not FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDNISION- (AZ-03-0 16) PAGE 7 OF 23 be as shown on the present plat that has already been submitted. The applicant shall be allowed" flexibility on the actual size of the retention area only until the final engineering of the project is complete. b. The applicant shall be allowed to work with ACHD to address the access points, the issues along Overland Road, the curb cuts and street improvements, and safety issues along Overland Road. c. Pertaining to the any ACHD comments which are incorporated above, if ACHD modifies their report, then the applicant shall be required to comply with the modified requirements of ACHD. d. Per a letter submitted by Trevor C. Roberts dated August 29,2003, he clarifies that the southeast corner of the parcel that a portion of the land will be used for a future roadway to be connected to a bridge crossing the Ridenbaugh Canal, and such shall be shown on the Plat. 14. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Regional". The purpose of this designation is "to provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. . . and to identify key areas [of the City] which are either iOO11 in nature or situated in highly visible or transitioning areas of the City where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." (See Chapter VII, pg. 97.) The requested zoning designation of C-G generally conforms to this stated purpose and intent of the MU-Regional designation. It is also found that the following 2002 Comprehensive Plan text policies to be applicable (staff analysis is in italics below the policy.) Mixed Use Area Policies · "Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26,55 or 69"; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ~03-0 16) PAGE 8 OF 23 Staff held two Pr~-Application meetings with Larson Architects on the subject property. At both meetings we encouraged the applicant to consider incorporating a high density residential component into the development, in conformance with this Comp Plan policy. The applicant chose not to include any residential component. While Silverstone will certainly serve as an employment center, the subject property is not adjacent to a State Highway. · "Where mixed use developments are phased, a conceptual site plan for the entire mixed use area. is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted"; No phase lines are shown on the plat so Silverstone-proposed appears to be a single phase development. A Planned Development application is not required by either the Comp Plan or Zoning Ordinance and one was not submitted with the AZ and PP applications. However, Larson Architects did submit a conceptual building layout for the 80 acres. · "In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space"; The applicant is proposing to locate the ACHD common lot in a central location within the development. They are also proposing a multi-use pathway along the Eight Mile Lateral, which will be usable by future employees of the center. · "Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged"; The subject project is proposed adjacent to future medium density residential uses to the east. The applicant's "Master Site Plan" shows building pads ranging from 7,658 sf to 20,800 sf along the east boundary. A transitional use is not called out on the Master Site Plan. All of these lots are proposed to have a C-G base zone (with a Development Agreement). Stafffinds that the application does not comply with this Comp Plan policy since transitional uses are not enforceable. Staff recommends either a Planned Development with use exceptions or a down-zone (C-C) for the lots adjacent to the east boundary. (See Condition #2 under Annexation Site Specific Conditions.) . "Residential density allowed of 3 to 40 units/acre"; Not applicable. No residential uses are proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 9 OF 23 · "No upper limit of non-residential uses (square footage)." (See Chapter VII, pgs. 97-98, for the above-mentioned six 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) Silverstone-proposed has frontage on Overland Road, a principal arterial roadway. If uses adjacent to the future residential land to the east are controlled either through a P D or zoning, this development would complement 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) Transitional zoning is not proposed by the applicant but is being recommended by staff. · "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, 0 bj. A, #6) Silverstone-proposed is contiguous to existing city limits and sanitary sewer, water and other urban utilities can be extended to meet the needs of the development. · "Encourage high-tech, research, pharmaceutical firms and high-quality retail facilities." (Chapter IV, Goal II, Obj. A) · "Develop City pathway to connect Meridian with Boise." (Chapter VI, Goal III, Obj. A, #12) · "Preserve and conserve our waterways, wetlands, wildlife habitat and other natural resources." (Chapter V, Goal I, Obj. A) 15. The general vicinity of this project is experiencing a rapid change from agricultural and low density residential uses to commercial/urban type development. Overland Road and Eagle Road are currently being widened to five (5) lane roadways. Silverstone Corporate Center, El Dorado Business Campus, St. Luke's expansion, Hampton Inn Suites, and Sutherland Farm FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-OJ-Ol 6) PAGE 10 OF 23 Subdivision have all been recently approved within a mile of this project. It is found that the rezone of the proposed property would be compatible with other land use and facility changes in the area. 16 . Upon review of the applicant's list of proposed uses, it is found that they are almost identical to the uses approved for Silverstone, which was approved to the west. The majority of these uses would be designed and operated in a manner consistent with Silverstone-approved and with the existing C-G zoning to the south. Additionally, there are several uses, including manufacturing, warehouses, and utility centers that were found may not be harmonious with future residential to the east. Therefore, it is found that the requested uses would be generally harmonious with the existing and intended character of the general vicinity, with the exception oflots along the east boundary. It is also found that, without a PD application, many of the proposed uses would not be allowed since they are prohibited in the C-G zone. The Silverstone-approved development was approved through a PD and was therefore allowed certain excepted uses. The following proposed uses in Exhibit C would be prohibited unless otherwise approved under a PD application or through different zoning (e.g. Industrial): Bottling & Distribution Plant Electrical Equipment, Products Laboratories (medical, dental, optical) Molded Plastic Product V ocational, Trade, Industrial School Fabricated Metal Products Machine Shop Public Utility Yards Woodworking Shop Residential (See Condition #4 under Site Specific above.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-0 16) PAGE 1] OF 23 Club, Lodge, Social Hall Hospitals Medical Research Facilities Seed and Garden Supply Packaging Facilities Industrial Research Office Machines Small Machinery & Component Parts Bulk Storage: Flammable Liquids/Gasses 17. It is found that the majority of the proposed uses will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are exercised. Some uses may be disturbing to future residential uses to the east. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors. 18. It is found that the roadway improvements will be required to handle the additional traffic generated by this development. ACHD and the Applicant shall work together to determine the extent of the required improvements. All other public services and facilities appear to be adequate to service this property. 19. It is found that this development will not cause excessive additional requirements at public cost. The improvements will be funded and constructed by the developer. It is also found that the annexation and zoning alone will not be detrimental to the community's economic welfare. 20. It is found that several of the proposed uses for Silverstone will involve activities, processes, materials, equipment or conditions that could produce excessive traffic and noise and have other public impacts. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of some uses such as fire hazards, bulk storage, and contractor's yards. However, it is found that other potential impacts may not be adequately addressed by the Zoning or Subdivision Ordinance. Some of the proposed uses would require a CUP, which would allow for mitigation standards to be addressed at that time. To reduce the potential impact upon future neighboring residential uses it is recommended that it be either through a PD or rezone process along the east boundary. 21. It is found that the proposed uses will impact the level and flow of traffic on the surrounding streets. By 2010, the Traffic Impact Study prepared by EarthTech estimates Silverstone FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 12 OF 23 (proposed to generate an average of 10,107 new vehicle trips per day - (819 vph at AM peak and 1.069 vph at PM peak). Of these 10,107 trips, an estimated 6,310 would be external and 3,707 would be internal/captured. If all roadway improvements shown by the developer and in EarthTech's report are made, the study notes that Eagle and Overland Roads in the vicinity of this site are projected to have adequate capacity to operate at LOS D (see pg. 22 of EarthTech report.) In accordance with Comprehensive Plan Policy # 12 (pg. 79) and Policy #2 (pg. 107), it is found that the number of vehicular access points to Overland Road should be restricted and comply with ACHD policies in order to preserve the capacity and movement on Overland Road at build-out. 22. It is found that the Eight Mile Drain and mitigated wetlands area exist on the property and must be protected. Some of the proposed uses listed in the application could cause some damage to these natural features if not adequately controlled and/or managed (e.g. bulk storage of flammable liquids, contractor's yards, public utility yards, etc.). 23. It is found that the annexation of this property would be in the best interest of the City for the following reasons: · increased commerciallindustrialland base; · application substantially complies with the Comprehensive Plan; · significant public improvements provided by developer (e.g. pathway system, sewer and water line extensions.). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 13 OF 23 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 must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise. smoke, fumes, glare and odors. CONCLUSIONS OF LAW 1, The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 9 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances. and policies. and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDNISION- (AZ-03-016) PAGE 14 OF 23 "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 (C-G) General Retail and Service Commercial is defined in the Zoning Ordinance at S 11-7-2 K as follows: fC-G) General Retail and Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact ofproposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. 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, ifannexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 15 OF 23 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 80.51 acres to General Retail and Service Commercial (C-G), is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 80.51 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 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. Before the City approves any of the proposed uses that are not permitted in the C-G zone, the Applicant shall submit a Planned Development application and receive approval for all such uses. 2. A Development Agreement (DA) shall be entered into between the City of Meridian and the developer. Said DA shall be generally consistent with and utilize the same format as the recorded DA for Silverstone Corporate Center. The DA shall require that all uses, development standards and standards within the subdivision be defined through a Planned Development application for the subject property. The list of uses shown in Exhibit C of the Silverstone Business Campus annexation application is not approved and shall be amended through a separate Planned Development application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDNISION- (AZ-03-016) PAGE 16 OF 23 ( B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval I. The Board of Commissioners authorizes the expenditure of available collected impact fees, or other District funds, if available, for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, 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) an additional 23-feet of right-of-way along Overland Road, and construct a minimum 5 - foot wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Provide a road trust deposit in the amount of $26,660.00 to be used for future sidewalk construction along the applicant's property. 2. Construct a commercial roadway that intersects Overland Road approximately 400-feet east of Silverstone Way to align with Jade Avenue, as proposed. 3. Construct a commercial roadway that intersects Overland Road approximately 1,150-feet east of Silverstone Way to align with Topaz Avenue, as proposed. tl.!.tlThe applicant has proposed to construct the internal roadways as commercial roadways. The proposed street section will accommodate for vehicular traffic that is anticipated to be generated by this site. It appears that the City's comprehensive plan wishes to have bike lanes at/near the half-mile. The commercial street section that is proposed will not accommodate for bike lanes. If the City requires the applicant to construct the roadway as a collector, the City should require the roadways to be constructed as 46-foot street section within 70-feet ofright-of- way. This would allow for 3-traffic lanes with curb, gutter, bike lanes and a detached 5-foot sidewalk. 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-OJ-016) PAGE 17 OF 23 5. Extend an existing stub street (Copper Point Way) from the west property line approximately 160-f~et north of the south property line, as proposed. 6. Extend Copper Point Way as a stub street to the east property line approximately 305-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, ttTHIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Extend Knapp Avenue from the south property line. 8. lithe applicant would like a third access point to Overland Road, construct a 35-foot wide shared driveway that intersects Overland Road approximately 600-feet west of the east property line and aligns with the existing driveway at 3820 Overland Road. 9. lfthe applicant develops before the Overland Road project, construct a center turn lane for ALL of the approved access points that intersect Overland Road. Provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Dedicate sufficient right-of- way to accommodate for the turn lanes that have been identified by the traffic impact study. 10. Construct right-turn lanes for ALL of the approved access points that intersect Overland Road, as they become warranted. Coordinate the design of the taper with District staff. Dedicate sufficient right-of-way to accommodate for the turn lanes that have been identified by the traffic impact study. *****The applicant is required to provide a financial surety for the construction of the right turn lanes on Overland Road. Once the turn lanes have been constructed or the District has entered into a contract for the construction of this segment of Overland Road, the financial surety will be released. 11. Identify and complete the proposed wetlands mitigation that was proposed as a part of the Silverstone Corporate Center Subdivision in accordance with the wetlands mitigation permit that was issued by the United States Army Corps of Engineers. 12. Provide the District with a parcel that is equal to and greater in value and size than the previous parcel. 13. Provide the District with drainage calculations and drawings showing that the newly proposed pond will have a capacity that is equal to or greater in storage area than the previous parcel and will function at a level that is equal to or greater than what the District had originally designed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIYISION- (AZ-03~OI6) PAGE 18 OF 23 14. Install an adequately sized drainage pipe that will extend from the proposed drainage pond to Overland RQad through the Topaz Avenue right-of-way. 15. Provide the District with sufficient access to the site by providing the District by providing public road frontage and a permanent easement through the adjoining parking lot for additional access to the pond. 16. If the applicant chooses to landscape the drainage pond, the applicant shall obtain a license agreement for all landscaping that is proposed within the District's right-of-way, drainage pond or easement. The applicant is required to have all landscape and sprinkler plans reviewed and approved by the ACHD Drainage Division. 17. Other than the access points that have specifically been approved with this application, direct lot or parcel access to Overland Road is prohibited. Notes of this are required to be placed on the final plat. 18. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 19 OF 23 requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions oftIlls approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 20 OF 23 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of20'. UFC 902.2.1 D. Adopt the action of the City Council taken at their September 2, 2003 meeting as follows: 1. For clarification: a. The applicant stated at the September 2, 2003 meeting that the drainage lot may not be as shown on the present plat that has already been submitted. The applicant shall be allowed flexibility on the actual size of the retention area only until the final engineering of the project is complete. b. The applicant shall be allowed to work with ACHD to address the access points, the issues along Overland Road, the curb cuts and street improvements, and safety issues along Overland Road. c. Pertaining to the any ACHD comments which are incorporated above, if ACHD modifies their report, then the applicant shall be required to comply with the modified requirements of ACHD. d. Per a letter submitted by Trevor C. Roberts dated August 29, 2003, he clarifies that the southeast corner of the parcel that a portion of the land will be used for a future roadway to be connected to a bridge crossing the Ridenbaugh Canal, and such shall be shown on the Plat. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject ofthe application to (C-G) General Retail and Service Commercial and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code ~ 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03~016) PAGE 21 OF 23 NOTICE OF FINAL ACTION AND RlG;HT 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 2-'?r:!:.... day of ~~~ ,2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED~L- COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED~-- COUNCILMAN WILLIAM L.M. NARY VOTED$-- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDNISION- (AZ-03-0 16) PAGE 22 OF 23 MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 9~.23-o3 VOTED MOTION: APPROVED:--L DISAPPROVED: Attest: &IyCG/i.I'f.M f//ltJM-..-f B~A~/9 City Clerk \~ f? 2 _ 0(; '" 0 ~ ': ''0 '&r 19\ . ~" -:;../ ~'1 ~~ "" Copy served upon Applicant, the Plari(tiI;1rmiJl~i~\-D~Partment, Public Works Department and the City Attorney. I /111/11/1111\\'\\ \\\\\\\111111111111/1111 ,,\\..j of MElTll'> I" ,...' ;:\."' v~ /-:;.. ~' () :WO~A ~/"V-:;' ~ ,,0 ''''11'", ~ :::: ~ "'0 ::. ~ - Dated: 1-)$----&3 = -=- ~ 7. f'J - J'~ 0 ~ ~ ~Q ~ ~ ~"Y.o us, 19\ . '" .f? j ~~ b.."':- ~"1 a ~'~ .......' z:\ Work\M\Meridian\Meridian 15360M\S ilverslone Business Campus AZ-03-0 16 PP.o3.o 18\AZFfCl&t:>}'~:~NT'i. \ \... \' //1"1111111\1\1\\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (AZ-03-016) PAGE 23 OF 23 RESOLUTION NO. () 3 - 4/1 BY: ;tel'fA I3I'r~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "COLLECTIVE LABOR AGREEMENT'\ BETWEEN THE CITY OF MERIDIAN AND LOCAL #2311 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS. <Ii,.. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with LOCAL #2311 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, organized and existing pursuant to Chapter 18 of Title 44 of the Idaho Code, denoted as "COLLECTIVE LABOR AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with LOCAL #2311 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, organized and existing pursuant to Chapter 18 of Title 44 of the Idaho Code, entitled "COLLECTIVE LABOR AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. 3rt/. PASSED BY THE COUNClL OF THE CITY OF MERIDIAN, IDAHO, this 2 day of Jepte~ ,2003. - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETIING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO AN AGREEMENT ENTITLED "COLLECTIVE LABOR AGREEMENT" PAGE 1 OF 2 ..-J. APPROVED BY THE MAYOR OF THE CITY OF 1\.1ERIDIAN, IDAHO, this 2'3 day of J:epte n.--Jx..,... , 2003. ATTEST: ~~ -ru fyJ rh4 -d., \\\\1 \11 (rfii,,, (J . / _ ' 1_ ...\\\\\\\ Of ~ld.I{;Ji.:ti;4{,,"-"t' - C, ~ LOtcrn CV'-' ...... ..l~ UL.& -;, ~ "'"' ~rA. ,'/ " Cl' apOnA rv ,;:. ~ CPP' "'I ~ S ~ ~ ():::. 2 % - - RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO AN AGREEMENT ENTITLED "COLLECTIVE LABOR AGREEMENT" PAGE20F2 CERTWICATEOFCLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certifY: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2_ That as the City Clerk of this City I am the custodian of its records and minutes and do hereby certifY that on the 23~ day of ..J"'qp ten. ~. 2003, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "COLLECTIVE LABOR AGREEMENT", BETWEEN THE CITY OF MERIDIAN AND LOCAL #2311 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with LOCAL #2311 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, organized and existing pursuant to Chapter 18 of Title 44 of the Idaho Code, denoted as "COLLECTIVE LABOR AGREEl\.1ENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with LOCAL #2311 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, organized and existing pursuant to Chapter 18 of Title 44 ofthe Idaho Code, CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN PAGE 1 OF2 entitled "COLLECTIVE LABOR AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions;. \\\\\\'O\\~I~~~ill.'fIIf .::.,\ -{ l'" 'f1~Jy'b. I,,. ~".~ '~"'" $' v' rO'Wc~ '>- 'v \" .:.- -'>.'-' I.t-. - ~ ~ ~(): ~ :" ~ - J.d4~4 William G. Berg, Jr. '. ~ STATE OF IDAHO, ) SS. County of Ada, ) On this )jrJ. day of Sff-&..bt'y. in the year 2003, before me, 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. ."aIU"", "t' "" ".... l.Cf. L. S 1I~ '" !fI.... ~'). ........ <"l/.... "., ~ ",<;" _- ..... ~:.r. ~ .: " ... eo T7 '=:. E I ~OTA-Rr"'" :. ~ : 0 I : S * i _.- c i 'Ie E CJtI!::)()/1 ()7 ~ "PtTB\..\ .. : ""/ "".0 . ~ ~ 1.P,;. e. .- 0 ~ ~'" -<1 i......... ~~ ,...... I""" 1i 0 P \ -<;> ,,,......... Z:\Work\M\Meridian\Meridi~,ff!~~~;: Dept\CertClkUnion#2311 09 22 03.doc CERTIFICA TE OF CLERK OF THE CITY OF .MERIDIAN PAGE 2 OF 2 Revis CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 23, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X o Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve as Amended 3. Consent Agenda: A. Approve minutes of September 9, 2003 Pre-Council Meeting: Approve B. Findings of Fact and Conclusions of Law for Approval: AZ 03- 016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: Approve C. Findings of Fact and Conclusions of Law for Approval: PP 03- 018 Request for Preliminary Plat approval of 49 building lots and 2 other lots on 80.51 acres in a proposed C-G zone for proposed Silverstone Campus Subdivision by Sundance Investments - southeast comer of East Overland Road and South Eagle Road: Approve D. Findings of Fact and Conclusions of Law for Approval: VAR 03-016 Request for a Variance to maximum block length requirements for proposed Silverstone Business Center by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: Approve E. Findings of Fact and Conclusions of Law for Approval: PP 03- 021 Request for Preliminary Plat approval of 40 building lots and 6 other lots on 13.85 acres in an R-4 zone for Bear Creek No.8 by Bear Creek, LLC - north of West Victory Road and east of South Stoddard Road: Approve Meridian City Council Agenda - September 23, 2003 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andJor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Findings of Fact and Conclusions of Law for Approval: PP 03- 016 Request for Preliminary Plat approval of 11 building lots on 10.97 acres in a C-G zone for proposed Southern SprinQs by The Land Group, Inc. - southeast corner of Meridian Road and Overland Road: Approve G. Findings of Fact and Conclusions of Law for Approval: AZ 03- 014 Request for annexation and zoning of 33.25 acres from RUT to R-B zones for proposed Tuscany Villaae by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: Approve H. Findings of Fact and Conclusions of Law for Approval: PP 03- 015 Request for Preliminary Plat approval of 136 building lots and 10 other lots on 33.25 acres in a proposed R-B zone for proposed Tuscany Villaae by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: Approve I. Findings of Fact and Conclusions of Law for Approval: CUP 03-029 Request for a Conditional Use Permit for a Planned Unit Development with reduced lot widths and setbacks for the proposed Tuscany Villaae by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: Approve 5-J. Findings of Fact and Conclusions of Law for Approval: PP 03- 007 Request for Preliminary Plat approval of 36 building lots and 11 other lots on 11.45 acres in an R-4 zone for Clearbrook Estates Subdivision by R. K. Development, LLC - west of North Meridian Road and south of West Ustick Road: Approve as Amended K. Findings of Fact and Conclusions of Law for Approval: VAR 03-012 Request for a Variance to block length requirements for a block on the south side of Clearbrook Street for Clearbrook Estates Subdivision by R. K. Development, LLC - west of North Meridian Road and south of West Ustick Road: Approve L. Findings of Fact and Conclusions of Law for Approval: CUP 03-024 Request for a Conditional Use Permit to construct a new dental clinic in an L-O zone for Seeamiller Dental by Dr. Dave Seegmiller - south of East Gala Street and east of South Millennium Way: Approve Meridian City Council Agenda - September 23, 2003 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. page 1 or 1 Will Berg From: Marlene 81. George [ms@WHITEPETER80N.com] Sent: Tuesday, March 16,200410:58 AM To: 'bergw@meridiancity.org' Subject: Collective Labor Agreement Resolution and Certificate of Importance: High Will, pursuant to your telephone call to me a few minutes ago pertaining to the above matter, please find attached the Resolution and Certificate of Clerk, which should be according to the September 23,2003 Council meeting, Resolution No. 03-411. Please provide our office with an executed copy of the document, and Mr. Nichols will be picking up today after his meeting. Additionally, per our conversation, you were going to provide our office with the most recent executed copy of the Collective Labor Agreement recently executed. Thank you for your assistance. Marlene Thank you, Marlene S1. George Legal Assistant to Wm. F. Nichols White Peterson 5700 East Franklin Road, Suite 200 Nampa, Idaho 83687-8402 208-466-9272 Ext. 111 ms@whitepeterson.com Confidentiality Notice: This email message may contain confidential and privileged information exempt from disclosure under applicable law. If you have received this message by mistake, please notify us immediately by replying to this message or telephoning us, and do not or distribute this message. Thank you 3/16/2004 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR SILVERSTONE CAMPUS SUBDIVISION FOR 48 LOT COMMERCIAL SUBDIVISION WITH 6 OTHER LOTS ON 80.51 ACRES LOCATED EAST OF EAGLE ROAD AND SOUTH OF OVERLAND ROAD, MERIDIAN, IDAHO BY: SUNDANCE INVESTMENTS, APPLICANT C/C 09/02/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-03-018 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on September 2, 2003, and Anna Powell Planning Director for the Planning and Zoning Department, Cornell Larson, and Edward J. Thomas, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark Planner III 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 "PRELIMINARY PLAT SHOWING SILVERSTONE CAMPUS SUBDIVISION, A PARCEL OF LAND LOCATED IN THE E1I2 OF THE NW1I4 OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CAMPUS SUBDNISION / (pP-03-018) PAGE 1 OF 16 BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2003, SILVERSTONE CAMPUS SUBDIVISION PRELIMINARY PLAT COVER SHEET SUNDANCE INVESTMENTS LIMITED PARTNERSHIP, DATE: 08/22/03, DRAWN BY: DKG, DESGINED BY: M. SHEPPARD, P.E., CHECKED BY: M. SHEPPARD, P.E., PROJECT NO. C036101, SHEET PP-l, HANDWRITTEN DATE: 8-22-03, STAMPED: RECEIVED AUG 22 2003 CITY OF MERIDIAN CITY CLERK OFFICE, SUNDANCE INVESTMENTS LIMITED PARTNERSHIP - OWNER/DEVELOPER, PINNACLE ENGINEERS, INC. - ENGINEERS", Sundance Investments Limited Partnership, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned R-l by Ada County, however, an application for annexation and zoning to C-G, is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 K] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382, except for the requirement of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CAMPUS SUBDIVISION / (pP-03-0 18) PAGE 2 OF 16 continuous grid-like collectors, under Chapter VI, Goal II, Obj. A, #516.(To make S. Topaz A venue continuous a stub needs to be added to the south boundary to connect with a future stub street approved with Sutherland Farm Subdivision. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval, provided changes as may be required by the Public Works and Building Departments are made. The developer is proposing to extend a public sewer trunk line through the development. 4. The proposed development is a continuity ofthe proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. The developer will fund and construct the majority of the supporting services. 5. The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. However, it is found that the developer is in the process of working with the U.S. Corps of Engineers and ACHD to mitigate for wetlands along the west boundary ofthe subdivision. Said mitigation is a condition of Silverstone-approved but is taking place on the Silverstone-proposed property. One of ACHD's conditions of the . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CAMPUS SUBDNISION / (PP-03-018) PAGE 3 OF 16 developer is to complete the Silverstone-approved-required mitigation. Apparently, this remains an outstanding environmental issue ofthis project. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT SHOWING SILVERSTONE CAMPUS SUBDIVISION, A PARCEL OF LAND LOCATED IN THE E 112 OF THE NW1I4 OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2003, SILVERSTONE CAMPUS SUBDIVISION PRELIMINARY PLAT COVER SHEET SUNDANCE INVESTMENTS LIMITED PARTNERSHIP, DATE: 08/22/03, DRAWN BY: DKG, DESGINED BY: M. SHEPPARD, P.E., CHECKED BY: M. SHEPPARD, P.E., PROJECT NO. C036101, SHEET PP-l, HANDWRITTEN DATE: 8-22-03, STAMPED: RECEIVED AUG 222003 CITY OF MERIDIAN CITY CLERK OFFICE, SUNDANCE INVESTMENTS LIMITED PARTNERSHIP - OWNER/DEVELOPER, PINNACLE ENGINEERS, INC. - ENGINEERS:' DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CAMPUS SUBDIVISION / (PP-03-018) PAGE 4 OF 16 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT SHOWING SILVERSTONE CAMPUS SUBDIVISION, A PARCEL OF LAND LOCATED IN THE E 112 OF THE NW1I4 OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2003, SILVERSTONE CAMPUS SUBDNISION PRELIMINARY PLAT COVER SHEET SUNDANCE INVESTMENTS LIMITED PARTNERSHIP, DATE: 08/22/03, DRAWN BY: DKG, DESGINED BY: M. SHEPPARD, P.E., CHECKED BY: M. SHEPPARD, P.E., PROJECT NO. C036101, SHEET PP-l, HANDWRITTEN DATE: 8-22-03, STAMPED: RECENED AVO 22 2003 CITY OF MERIDIAN CITY CLERK OFFICE, SUNDANCE INVESTMENTS LIMITED PARTNERSHIP - OWNER/DEVELOPER, PINNACLE ENGINEERS, INC. - ENGINEERS", Sundance Investments Limited Partnership, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Sanitary sewer service to this site will be from an extension of the Five Mile Trunk. The applicant will be responsible to construct lateral sewer mains, as well as extending the Five Mile Trunk, to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer mains will not be allowed within landscape areas, beneath landscape islands, and manholes will not be allowed in parking and loading areas. The applicant shall be subject to latecomers' fees. Payment ofthe latecomer's fee for each phase is required prior to signature on the final plat map of each phase by the City Engineer. 2. Water service to this site will be from an extension of existing water mains in Overland and E. Copper Point Street. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CAMPUS.SUBDNISION / (pP-03-018) PAGE 5 OF 16 applicant shall be subject to applicable water main latecomers' fees. Payment of the latecomer's fee for each phase is required prior to signature on the final plat map of each phase by the City Engineer. 3. The sidewalks shall be detached along Overland Road and a minimum 5-foot-wide landscaped parkway shall be installed between the edge of pavement and sidewalk in accordance with MCC 12-13. A 5- foot -wide sidewalk shall also be required along all public streets on the interior of the subdivision. 4. In accordance with Finding A, construct a new commercial stub street on the east side of Lot 9, Block 4 that will be in alignment with the stub street approved with Sutherland Farm Subdivision. Said stub street shall be constructed in compliance with ACHD width and design standards. 5. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded adjacent to the south side ofthe Eight Mile Drain. The easement shall be sufficient width to cover the 1 O-wide pathway shown. Buildings are precluded from constructing within this easement. The 10- foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the subdivision. Additionally, a note shall be added to the face of the final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. The note shall also indicate who will be responsible for landscaping maintenance within the easement. 6. All perimeter lots along E. Overland Road are subject to a minimum 35-foot wide landscape easement. This street buffer shall be designed in accordance with MCC 12-13-10. The Silverstone Business Association shall maintain said easement and an common area lots within the subdivision. 7. The preliminary landscape plan (Sheet L-l, dated 5/16/03 by The Land Group) is approved with the exception ofthe proposed signage on Overland Road. All signage for the subdivision must be approved through a separate Planned Sign Program application. No signage is permitted until said application is submitted and approved by the Planning & Zoning Department. 8. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CAMPUS SUBDMSION / (pP-OJ-OI8) PAGE 6 OF 16 9. Landscaping within Lot 7, Block 2, the ACHD common/drainage lot, shall be designed in accordance with MCC 12-13-14, unless otherwise approved by the Planning & Zoning Department. 10. A detailed landscape plan, in compliance with MCC 12-13, shall be submitted with the final plat application. 11. A detailed fencing plan shall be submitted upon application of the final plat. Any fencing adjacent to the Eight Mile Drain shall be open vision and non- combustible, unless the City otherwise agrees in writing. 12. The wetlands area adjacent to the west boundary shall be maintained in accordance with all U.S. Corps of Engineers and other agency requirements. Evidence offull compliance with wetland mitigation shall be submitted to the City prior to signature of the final plat. 13. Applicant has not indicated who will own and maintain the pressurized irrigation system within this development. The applicant shall be required to provide a backup source to the pressurized irrigation system. The Public Works Department as part ofthe development plan-review process shall review plans and specifications for the irrigation system. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approvaL PRELIMINARY PLAT GENERAL REQUIREMENTS 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. 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 subdividds 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 . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CAMPUS SUBDIVISION I (pP-03-018) PAGE 7 OF 16 landscaping. Due to the size oflandscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. Show all existing and proposed easements for irrigation/drainage facilities located within the boundaries of this proposed development (i.e., Eight Mile Drain easement). 8. 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. 9. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 10. All construction shall conform to the requirements of the Americans with Disabilities Act. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. The Board of Commissioners authorizes the expenditure of available collected impact fees, or other District funds, if available, for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, 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) an additional FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CAMPUS SUBDNISION I (pP-03-018) PAGE 8 OF 16 23-feet of right-of-way along Overland Road, and construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5- foot wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Provide a road trust deposit in the amount of $26,660.00 to be used for future sidewalk construction along the applicant's property. 2. Construct a commercial roadway that intersects Overland Road approximately 400-feet east of Silverstone Way to align with Jade Avenue, as proposed. 3. Construct a commercial roadway that intersects Overland Road approximately 1,150-feet east of Silverstone Way to align with Topaz Avenue, as proposed. *****The applicant has proposed to construct the internal roadways as commercial roadways. The proposed street section will accommodate for vehicular traffic that is anticipated to be generated by this site. It appears that the City's comprehensive plan wishes to have bike lanes at/near the half-mile. The commercial street section that is proposed will not accommodate for bike lanes. If the City requires the applicant to construct the roadway as a collector, the City should require the roadways to be constructed as 46-foot street section within 70-feet of right-of-way. This would allow for 3-traffic lanes with curb, gutter, bike lanes and a detached 5-foot sidewalk. 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5- foot concrete sidewalk within 54-feet of right-of-way, as proposed. 5. Extend an existing stub street (Copper Point Way) from the west property line approximately 160-feet north of the south property line, as proposed. 6. Extend Copper Point Way as a stub street to the east property line approximately 305-feet north of the south property line, as proposed. Install a sign at the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CAMPUS SUBDIVISION / (pP-03-018) PAGE 9 OF 16 terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Extend Knapp A venue from the south property line. 8. [{the applicant would like a third access point to Overland Road, construct a 35- foot wide shared driveway that intersects Overland Road approximately 600-feet west ofthe east property line and aligns with the existing driveway at 3820 Overland Road. 9. If the applicant develops before the Overland Road project, construct a center turn lane for ALL ofthe approved access points that intersect Overland Road. Provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Dedicate sufficient right-of-way to accommodate for the turn lanes that have been identified by the traffic impact study. 10. Construct right-turn lanes for ALL of the approved access points that intersect Overland Road, as they become warranted. Coordinate the design of the taper with District staff. Dedicate sufficient right-of-way to accommodate for the turn lanes that have been identified by the traffic impact study. **The applicant is required to provide a financial surety for the construction of the right turn lanes on Overland Road. Once the turn lanes have been constructed or the District has entered into a contract for the construction of this segment of Overland Road, the financial surety will be released. 11. Identify and complete the proposed wetlands mitigation that was proposed as a part of the Silverstone Corporate Center Subdivision in accordance with the wetlands mitigation permit that was issued by the United States Army Corps of Engineers. 12. Provide the District with a parcel that is equal to and greater in value and size than the previous parcel. 13. Provide the District with drainage calculations and drawings showing that the newly proposed pond will have a capacity that is equal to or greater in storage area than the previous parcel and will function at a level that is equal to or greater than what the District had originally designed. 14. Install an adequately sized drainage pipe that will extend from the proposed drainage pond to Overland Road through the Topaz Avenue right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CAMPUS SUBDMSION / (pP-OJ-GI8) PAGE 10 OF 16 15. Provide the District with sufficient access to the site by providing the District by providing public road frontage and a permanent easement through the adjoining parking lot for additional access to the pond. 16. Ifthe applicant chooses to landscape the drainage pond, the applicant shall obtain a license agreement for all landscaping that is proposed within the District's right-of-way, drainage pond or easement. The applicant is required to have all landscape and sprinkler plans reviewed and approved by the ACHD Drainage Division. 17. Other than the access points that have specifically been approved with this application, direct lot or parcel access to Overland Road is prohibited. Notes of this are required to be placed on the final plat. 18. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certity all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CAMPUS SUBDNISION / (pP-03-018) PAGE 11 OF 16 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CAMPUS SUBDMSION / (pP-03-018) PAGE 12 OF 16 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 tluu the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of20'. UFC 902.2.1 D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application. 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 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. Storm water 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. For clarification: a. The applicant stated at the September 2, 2003 meeting that the drainage lot FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CAMPUS SUBDIVISION I (pP-03-018) PAGE 13 OF 16 may not be as shown on the present plat that has already been submitted. The applicant shall be allowed flexibility on the actual size of the retention area only until the final engineering of the project is complete. b. The applicant shaH be allowed to work with ACHD to address the access points, the issues along Overland Road, the curb cuts and street improvements, and safety issues along Overland Road. c. Pertaining to the any ACHD comments which are incorporated above, if ACHD modifies their report, then the applicant shall be required to comply with the modified requirements of ACHD. d. Per a letter submitted by Trevor C. Roberts dated August 29, 2003, he clarifies that the southeast comer of the parcel that a portion of the land will be used for a future roadway to be connected to a bridge crossing the Ridenbaugh Canal, and such shall be shown on the Plat. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY T AKINGS 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CAMPUS SUBDIVISION I (pP-03-018) PAGE 14 OF 16 ( \ 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. 2 "2 ~~ By action of the City Council at its regular meeting held on the ./ _ day of ~/&:rn~ ,2003. ROLL CALL COUNCILMAN BIRD VOTED~ COUNCILWOMAN deWEERD VOTED ~(../ COUNCILWOMAN McCANDLESS VOTED $f-. COUNCILMAN NARY VOTED$~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED ~~ Attest: 4~ (;,t01ed f/rerdt..~-r- f'lw!AL :: ""'Xl.;!;!. . :: William G. Berg, Jr., Ci y Clerki.. \~. SJ(>) [ . . . Qij, ...;iY ~ \,16 S]' 1<'\. ,P .$ ''/ ~ '" ~- ~--. // a . ..('\~. ,-. 1'" 0,1 ''''r.c''J ..V \' 111/1 Uh/. ~, \\" 111ft/IIIIlII"'\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CAMPUS SUBDNISION! (pP-03-018) PAGE 15 OF 16 Copy served upon Applicant, The Planning and Zoning Department, Public Works tUllII/U 111\1 II/I Department and City Attorney. ,\\\~, Of MEf?/)'111 .,,' :<""' <...I;: 1/" /' c} cp?-POR,tj /": ~1- ~~ 2 ~ <6 ~ Dated: /j-Jf-tJ J~ ~ By: dfdk"::-~&." ~. City Clerk ' ~ ~ ~ .... .... Z;\ Work\M\Meridian\M eridian 15360M\Silverstone Business Campus AZ-03-0 16 PP-03-0 18\FfClsOrdPP .doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CAMPUS SUBDIVISION / (pP-03-018) PAGE 16 OF 16 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF SUNDANCE INVESTMENTS, FOR A VARIANCE FOR BLOCK LENGTH IN THE SILVERSTONE CAMPUS SUBDIVISION, LOCATED EAST OF EAGLE ROAD AND SOUTH OF OVERLAND ROAD, MERIDIAN, IDAHO C/C 09/02/03 ) ) ) ) ) ) ) ) ) V AR-03-016 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on September 2,2003, and Anna Powell Planning Director for the Planning and Zoning Department, Cornell Larson, and Edward J. Thomas, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice ofits Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382 and Maps. 2. The requirements ofIdaho Code SS 67-6509,6516 and Meridian City Code SS 11-15- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-016 SILVERSTONE CAMPUS SUBDNISION PAGE 1 OF 8 5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Sundance Investments Ltd. Partnership. 4. The owners of record of the subject property are Sundance Investments Ltd. Partnership, who owns the two (2) largest parcels, totaling approximately 77.8 acres. Ada County Highway District owns the third parcel (2.9 acres) along the east boundary. 5. The location of the subject property is presently located east of Eagle Road and south of Overland Road, Meridian, Idaho within a present R-l zone, with a C-G requested. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description and Vicinity Map appear in the record of proceeds of this matter, and which are on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as R-l, and which subject property is presently vacant land. 8. The proposed land use of subject property is to develop the subject property in the following manner: 48 lot commercial subdivision with 6 other lots on 80.51 acres. 9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The applicant, Sundance Investments, has requested a variance from Section 12-4-5 of the MCC, which prohibits residential block lengths from exceeding 1,000 feet. 11. The Applicant seeks a variance of the following provision of the Meridian City Code, ~ 12-4-5, BLOCKS, and in the C-G zone if granted the re-zone, which provides as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-0 16 SILVERSTONE CAMPUS SUBDNISION PAGE 2 OF 8 follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers oflots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length. 12. All four (4) blocks [Blocks 1,2,3, and 4] ofthe proposed Silverstone Campus Subdivision exceed the 1,000-foot maximum block length. The applicant has given the following reasons for the variance request: a. Unique nature of the site; b. A desire to provide a commercial/flex building product, which requires a high degree of flexibility with building and lot sizes in the future; c. The site is bisected by the Eight Mile Drain, creating a natural barrier to lot layout; d. Site was laid out to maximize access to lots and minimize costs to the Owner in excess asphalt and roadway work. The applicant is proposing a public, multi-use pathway along the Eight Mile Drain in an effort to reduce the impact of the long blocks. If the PD and plat applications were being processed together, this Variance application would not be necessary in that reductions to development standards can be proposed as part of the PD. However, since staff mis-directed the applicant and said a PD would not be necessary, the Variance was submitted and must be approved in order for the preliminary plat to be approved. 13. Silverstone Corporate Center to the west provided only one stub street to this property. Silverstone Business Campus is utilizing this stub (Copper Point Dr.). However, no other stub streets were provided. So, the west boundary block length (Block 1) is clearly affected by the existing conditions. Block 2 (the middle block) is primarily impacted by the Eight Mile Drain, which bisects the block with an 80-foot wide easement. Block 2 is also impacted by a 3 + acre, regional stormwater detention pond for ACHD run-off. Sutherland Farms to the south provided FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-016 SILVERSTONE CAMPUS SUBDNISION PAGE 3 OF 8 only one stub street to this property (Knapp Ave.), which Silverstone is proposing to extend. So, the south boundary block length (Block 4) is also clearly affected by existing conditions. Block 3 along the east boundary is the main block. The block is over a half mile in length and provides just one stub street to the east. However, the block is broken up by the proposed multi-use pathway on the south side of the Eight Mile Drain. The City has historically viewed some pedestrian pathways as justification for reducing the block length. 14. As noted in number 13 above, it is found that strict compliance with the City's block length ordinance would not be of benefit to the City, the surrounding property owners or the applicant, except possibly on the east boundary within Block 3. To the east, there needs to be consideration of the potential impacts and benefits to future residential users. Based on existing circumstances that were not a result of the applicant's action, it is found that strict compliance to the MCC 12-4-5 would be unreasonable and would not result in inhibiting the objectives of the MCC. 15. It is not anticipated that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. As a commercial development, emergency services turnarounds will be accommodated within future parking lots and cross-access easements. 16. It is found that the issuance ofa variance to the 1,000-footmaximum block length for Silverstone Campus Subdivision will not have the effect of altering the purpose and interest of the Zoning Ordinance. 17. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE IVAR-03-016 SILVERSTONE CAMPUS SUBDMSION PAGE 4 OF 8 Planning and Zoning Department. 18. The variance would not constitute any special privilege for the property owner that could not be sought by owners of other land in the same situation, and the request does not conflict with any provisions of the Comprehensive Plan. 19. The applicant paid the fee established by the City Council for application variance. 20. The applicant shall be required to comply with all the conditions and requirements of the corresponding applications, Annexation and Zoning - AZ-03-016, and Preliminary Plat - PP-03- 018. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment ofthe Local Land Use Planning Act of1975 codified at Chapter 65, Title 67, and in particular, by the provisions ofIdaho Code g 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority ofIdaho Code g 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code g 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509, 6516 and Meridian City Code gS 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code ~ 11-18-2, and the findings which are required are set forth in Meridian City Code S 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-0 16 SILVERSTONE CAMPUS SUBDNISION PAGES OF 8 application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, S 12-4-5, BLOCKS, and in the C-G zone, if granted the re- zone, provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers oflots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (5001) nor more than one thousand feet (1,000') in length. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: That the Applicant is hereby granted a variance from the 1,000 foot minimum block length requirement for all four blocks [Blocks 1, 2, 3, and 4J of the proposed Silverstone Campus FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-016 SILVERSTONE CAMPUS SUBDNISION PAGE 6 OF 8 Subdivision to exceed the 1,000' maximum block length in the C-G zone. Additionally, the applicant shall be required to comply with all the conditions and requirements of the corresponding applications, Annexation and Zoning - AZ-03-016, and Preliminary Plat - PP-03-018. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code Section 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance ofthe Block Requirements in the R-8 Zone as provided in the Section 12- 4-5 and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2- :., n? day of Jo/;~~ ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED~ COUNCILMAN WM. 1. M. NARY VOTED~G FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-03-0 16 SILVERSTONE CAMPUS SUBDNISION PAGE 7 OF 8 MAYOR ROBERT D. CORRIE (TIE BREAKER)9 >"J "'2 /1-:1 DATED: -- V' 7- V J VOTED MOTION: APPROVED: >< . DISAPPROVED: Attest: /Va-a- 61} t:;~c::.t fl.-uJ/~ Byd,itL; fl~; "Q-- City Clerk Dated: 9--2 J .-(7:] Z:\ Work\M\Meridian\Meridian 15360l\l[\Silverstone Business Center V AR..{)J,O l6\FfClsGrantVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-03-016 SILVERSTONE CAMPUS SUBDNISION PAGE 8 OF 8 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR BEAR CREEK NO.8 FOR 40 BUILDING LOTS AND 7 OTHER LOTS ON 13.85 ACRES LOCATED NORTH OF WEST VICTORY ROAD AND EAST OF SOUTH STODDARD ROAD~ MERIDIAN, IDAHO BY: BEAR CREEK, LLC, APPLICANT C/C 09/02/03 C/C 09/09/03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-03-021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on September 2,2003 and continued until September 9,2003, and Anna Powell Planning Director for the Planning and Zoning Department, and Steve Arnold, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark Planner III 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 "PRELIMINARY PLAT BEAR CREEK SUBDIVISION NO.8, LOCATED IN THE E ~ OF SECTION 24, T.3N., RIW., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 6/13/03, DWG NO. 30604, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO.8 / CPP-03-02l) PAGE 1 OF9 SHEET: 1 OF 1 PRE, \30604-PRE.DWG DLP, STAMPED DATE: AUG 292003, HANDWRITTEN DATE: 8/29/03, STAMPED: RECEIVED SEP 02 2003 CITY OF MERIDIAN CITY CLERK OFFICE, BEAR CREEK, LLC - DEVELOPER, STEVE ARNOLD - PLANNER - BRIGGS ENGINEERING, INC.", Bear Creek, LLC, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the foHowing findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned R-4, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 C] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382, including Chapter IV, Goal I, Obj. A, #6, Chapter VI, Goal II, Obj. A., #6, and Chapter VII, Goal IV, Obj. C, #5. It is found that the subject property is designated as Low Density Residential on the Future Land Use Map. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELThillNARY PLAT BEAR CREEK NO.8 / (PP-03-02l) PAGE 2 OF 9 I. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. The developer will fund the new streets, sewer, water, irrigation and other key services. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT BEAR CREEK SUBDIVISION NO.8, LOCATED IN THE E Y2 OF SECTION 24, T.3N., R.l W., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 6/13/03, DWG NO. 30604, SHEET: 1 OF 1 PRE, \30604- PRE.DWG DLP, STAMPED DATE: AUG 292003, HANDWRITTEN DATE: 8/29/03, STAMPED: RECEIVED SEP 02 2003 CITY OF MERIDIAN CITY CLERK OFFICE, BEAR CREEK, LLC - DEVELOPER, STEVE ARNOLD - PLANNER - BRIGGS ENGINEERING, INC." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELfMINARY PLAT BEAR CREEK NO.8! (PP-03-021) PAGE 3 OF 9 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT BEAR CREEK SUBDIVISION NO.8, LOCATED IN THE E 1'2 OF SECTION 24, T.3N., R.l W., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 6/13/03, DWG NO. 30604, SHEET: 1 OF 1 PRE, \30604-PRE.DWG DLP, STAMPED DATE: AUG 292003, HANDWRITTEN DATE: 8/29/03, STAMPED: RECEIVED SEP 02 2003 CITY OF MERIDIAN CITY CLERK OFFICE, BEAR CREEK, LLC - DEVELOPER, STEVE ARNOLD - PLANNER - BRIGGS ENGINEERING, INC.", Bear Creek, LLC, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Sanitary sewer service to this site shall be via main line extensions from mains installed in the Bear Creek Subdivision. The applicant shall be required to extend sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Applicant shall coordinate main sizing and routing with the Public Works Department. 2. Domestic water service to this site shall be via main line extensions from mains installed adjacent to the property. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to the adjacent properties. Applicant shall coordinate main sizing and routing with the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELOONARY PLAT BEAR CREEK NO.8 / (PP-03-02l) PAGE40F9 3. The applicant has indicated that the pressurized irrigation system within this development is to be an extension of the system that is owned and operated by the Nampa Meridian Irrigation District. Underground vear-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 4. The fencing plan shown on Sheet L-2, dated 6-12-03; appears to comply with MCC standards. Applicant shall submit a detailed plan for further review and approval with the final plat application. 5. A revised preliminary plat, complying with MCC 12-13 -16- 2 regarding open space, shall be submitted at least ten (l0) days prior to the City Council hearing. 6. A detailed landscaping plan, in accordance with MCC 12-13 and with Condition #5 above, shall be submitted with the final plat application. 7. Applicant shall ensure that ACHD's minimum street widths for through lanes and parking lanes are met on S. Bear Claw Way in front of Lot 8, Block 23 or Lot 29, Block 12. GENERAL CONDITIONS - PRELIMINARY PLAT 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision pursuant to MCC 12-13-10-8. 3, Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 4. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 5. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO. 8/ (pP-03-021) PAGE 5 OF 9 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. 6. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 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. 8. 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. 9. Please submit updated groundwater/soils monitoring data to the Public Works Department for review. The project engineer should pay close attention to the results offield 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 ofthe crawl spaces of homes is at least I-foot above groundwater. B. Adopt the Recommendations of ACHD as follows: Applicant shall comply with the Site Specific and Standard Conditions of Approval, as listed in the ACHD report dated July 22,2003 by Joyce Newton, (Attached as Exhibit "A" is the ACHD July 22,2003 report, consisting often pages.) C. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application. All laterals and waste ways must be protected. All municipal drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plan. The developer must comply with Idaho Code 31- 3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO.8 / (PP-03-021) PAGE60F9 D. 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. 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 being a person who has an interest in real property which may be adversely affected by this decision may, within FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO.8 / (PP-03-021) PAGE 7 OF 9 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 day of ..do/~6?t- ,2003. ROLL CALL 2-3 rei COUNCILMAN BIRD VOTED~ VOTED ~ COUNCILWOMAN deWEERD COUNCIL WOMAN McCANDLESS VOTED~ COUNCILMAN NARY VOTED~VL-- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED JI~ft Attest: u:, Gu^&f2 ;//l.e f/dL....J.- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO.8 / (PP-03-021) PAGE 8 OF 9 Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By~<a1~ ( 9v City Clerk Dated: Z:\ Work\M\Meridian\Meridian 15360M\Bear Creek No.8 PP-03-021 \ffClsOrdPP .doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO. 8/ (PP-03-021) PAGE90F9 (. "J~-!lI:ro. fi.~~1":;r:),~ '~e. . Ada County Highway District Sherry R. Huber, President Susan S. Eastlake, 1 st Vice President Dave Bivens, 2nd Vice President David E. Wynkoop, Commissioner John S. Franden, Commissioner 318 East 37th Street Garden City 10 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.id.us July 22, 2003 To: Bear Creek LLC Greg Johnson 660 E. Franklin Road, Suite 240 Meridian, Idaho 83642 RECEIVED JUt 2 5 2003 Subject: MPP03-021 Bear Creek Subdivision NO.8 East of Stoddard Road, north of Victory, west of Meridian Road City of Meridian City Clerk Office On July 22, 2003, the Ada County Highway District acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6171. Sincerely, ~u, ~J-"", Development Analyst Right-of-way & Development Services Planning Division CC: Planning & Development project file City of Meridian Construction Services Drainage Utilities Briggs Engineering Steve Arnold 1800 Overland Road Boise, Idaho 83705 ItxJt~~b;f "A" 'of /0 ....~-lI< ~f~"~l~~~ '#"~ I _ Ada County Highway District Right-of- Way & Development Department Planning Review Division This application does not require Commission action and is approved at the staff level as of Tuesday, July 22, 2003. Tech Review for this item was held with the representative on Wednesday, July 16, 2003 per e- mail. Please refer to the Attachment for appeal guidelines. Staff contact: Joyce Newton, 208-387-6171 phone, 208-387-6393 fax, jnewton@achd.ada.id.us File Numbers: MPP03-021/Bear Creek Subdivision No.8 Site address: East of Stoddard Road, North of Victory Road, West of Meridian Road Owner/Applicant: Bear Creek LLC Greg Johnson 660 E. Franklin Road, Suite 240 Meridian, Idaho 83642 Representative: Briggs Engineering Steve Arnold 1800 Overland Road Boise, Idaho 83705 Application Information: The Ada County Highway District (ACHD) staff has received the above referenced application requesting preliminary plat approval to plat a 46-lot residential subdivision. The site is located east of Stoddard Road and north of Victory Road. Bear Creek No.8 is proposing to access the public roadway system through Bear Creek Subdivision No.1 and No.4. Acreage: Current Zoning: Buildable Lots: Common Lots: Existing Use: Vicinity Map 13.85-acres R-4 (Single-Family Residential) 40 6 Un-developed MPP03-021/Bear Creek # 8 East of Stoddard Road, north of Victory Road i I I 1 A. Findings of Fact 1. Trip Generation: This development is estimated to generate 380 additional vehicle trips per day (20 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. I 3. Traffic Impact Study: Dobie Engineering submitted a traffic study for the original Bear Creek Subdivision on June 2, 1999. This proposed development is estimated to generate less than 1,000-trips per day therefore a traffic impact study was not required with this application. 4. Site Information: The site is currently un-developed. 5. Description of Adjacent Surrounding Area: a. North: Bear Creek Subdivision b. South: Bear Creek Subdivision c. East: Proposed Church d. West: Bear Creek Subdivision 6. Existing stub streets into the Site/Roadway ImprovementsJRight~of~Way West Bear Track Drive stubs to the west property line of the proposed development site and was constructed with Bear Creek NO.1. West Bear Track Drive was constructed as a 36-foot street section with curb, gutter and sidewalk within 50-feet of right-of-way. West Grizzly Drive stubs to the west property line of the proposed development site and was constructed with Bear Creek No.1. West Grizzly Drive was constructed as a 36-foot street section with curb, gutter and sidewalk within 50-feet of right-of-way. South Bear Claw Place stubs to the south property line of the proposed development site and was constructed with Bear Creek No.4. South Bear Claw Place was constructed as a 36-foot street section with curb, gutter and sidewalk within 50-feet of right-of-way. 7. Site History District staff has not reviewed this site as an application or prepared a report in the past year. On July 7,1999, the Ada County Highway District (ACHD) Commission reviewed and approved Bear Creek Subdivision, a 326-lot residential subdivision to the west of this site. On October 11, 2000, the Ada County Highway District (ACHD) Commission reviewed and approved MAZOQ-0018, a rezone from RT to R-8 and annexation into the City of Meridian. ACHD has not approved a development plan on that parcel. The conceptual plan is for a church that will have recreational facilities along their north property line and single family residential along their south property line. 2 E-il,;b.~ uA" ..3 oI2/D 8. Capital Improvements PlanlFive Year Work Program This location is not programmed into the District's current Capital Improvements Plan and/or Five Year Work Program for reconstruction or any roadway improvements. B. Findings for Consideration 1. Right-of-Way District policy 7204.4.1 and Figure 72-F1A requires 50-feet of right-of-way on local streets. This right-of-way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalks. 2. Sidewalk District policy requires 5-foot wide (minimum) concrete sidewalk on all local streets, except those in rural developments with net densities of one dwelling unit per acre or less (7204.4.7). District policy 7203.6 requires the applicant of a proposed development to make improvements to existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation' of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. 3. Street Sections District policy 7204.4.2 states, "developments with any buildable lot that is less that 1.5-acres in size will typically provide streets having a minimum pavement width of 32-feet with curb, gutter and sidewalks. The total street width shall be 36-feet from back-of-curb to back-of-curb. Variations of this width may be allowed, depending on traffic volumes forecast to be generated by the development. Concrete sidewalks shall be a minimum of 5-feet in width unless they are separated from the curb 5-feet or more in which case the sidewalk shall be a minimum of 4-feet in width. The applicant is proposing to extend West Bear Track Drive from the west property line to the east property line. Staff is supportive of the extension and the location of the connection to the parcel to the east as proposed. The applicant is proposing to construct the extension of West Bear Track Drive as a 36-feet street section with curb, gutter and sidewalk within 50-feet of right-or-way. The applicant is proposing to extend West Grizzly Drive from the west property line east to South Bear Claw Way. Staff is supportive of the extension and the location of the connection to South Bear Claw Way as proposed. The applicant is proposing to construct the extension of West Grizzly Drive as a 36-feet street section with curb, gutter and sidewalk within 50-feet of right-of-way. The applicant is proposing to extend South Bear Claw Place (South Bear Claw Way) from the south property line north to West Bear Track Drive. Staff is supportive of the extension from the south property line north to West Bear Track Drive as proposed. The applicant is proposing to construct the extension of South Bear Claw Way as a 36-feet street section with curb, gutter and sidewalk within 50-feetofrigh~o~wa~ 3 Ed1.~b tf I~ fl'~ 'Io12/D . The applicant is proposing to construct South Bear Claw Court located approximately 300-feet east of South Bear Claw Way intersecting with West Bear Track Drive on the south side. Staff is supportive of the location of South Bear Claw Court. The applicant is proposing to construct South Bear Claw Court as a 36-feet street section with curbs gutter and sidewalk within 50-feet of right-of-way. 4. Roadway Offsets District policy 7204.11.6, requires local roadways to align or offset a minimum of 125-feet from another local roadway (measured centerline to centerline). In accordance with District policy all intersections within the subdivision should be located to align or offset a minimum of 125-feet form centerline to centerline. 5. Stub Streets District policy 7203.5.1 and 7205.5 requires stub streets to provide intra-neighborhood circulation and to provide access to adjoining parcels. District policy also requires temporary turnarounds with a temporary easement provided to the District at the end of stub streets that serve more than one lot, or are greater than 150-feet in length with a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". The applicant is proposing to. construct two-stub streets with the development. West Bear Track Drive is proposed to extend to the northeast properly line between Lot 30, Block 9 and Lot 22, Block 23 to the proposed Church parcel. Staff is supportive of this location. Due to the fact that this stub street is less than 150-feet in length, the applicant should not be required to construct a temporary turnaround at the terminus of the roadway. The applicant should install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". West Bear Track Drive is proposed to be constructed as 36-foot street sections with curb, gutter and sidewalks within 50-feet ot right-ot-way. West Stegerman Drive (West Sun Bear Drive) is proposed to extend to the southeast property line between Lot 1, Block 23 and Lot 28, Block 15 to the Adkins parcel (S1224438992). Staff is supportive of this location. Due to the fact that this stub street is less than 150-feet in length, the applicant should not be required to construct a temporary turnaround at the terminus of the roadway. The applicant should install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". West Stegerman Drive (West Sun Bear Drive) is proposed to be constructed as 36-foot street sections with curb, gutter and sidewalks within 50-feet of right-ot-way. 6. Turnarounds District policy 7205.2.1 requires turnarounds to be constructed to provide a minimum turning radius of 45-feet. The applicant should also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians should be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant is proposing to construct a standard cul-de-sac turnaround at the terminus of South Bear Claw Court. In accordance with District policy turnarounds should be constructed to provide a minimum turning radius of 45-feet. 4 E~;~h;f "ft't 5 01 /0 7. Islands . Center islands should be designed with 21-toot street sections on either side of the center island. The applicant will be required to dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the center island with traffic services staff. The applicant is proposing to construct a center island on South Bear Claw Way located approximately 330-feet south of the intersection with West Bear Track Drive. In accordance with District policy islands should be designed with 21-foot street sections on either side of the center island. District policy 7202.7 and 7207.5 requires any proposed landscape islands/medians within the public right-at-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. c. Site Specific Conditions of Approval 1. Extend West Bear Track Drive from the west property line to the east property line as proposed on the submitted site plan. Construct West Bear Track Drive as a 36-feet street section with curb, gutter and sidewalk within 50-feet of right-of-way. 2. Stub West Bear Track Drive to the northeast property line between Lot 30, Block 9 and Lot 22, Block 23 to the proposed Church parcel, as proposed. Staff is supportive of this location. Due to the fact that this stub street is less than 150-feet in length, the applicant shall not be required to construct a temporary turnaround at the terminus of the roadway. The applicant shall install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". West Bear Track Drive shall be constructed as 36-foot street sections with curb, gutter and sidewalks within 50-feet of right-of-way. 3. Extend West Grizzly Drive from the west property line east to South Bear Claw Drive as proposed on the submitted site plan. Construct We,st Grizzly Drive as a 36-feet street section with curb, gutter and sidewalk within 50-feet of right:"of-way. 4. Extend South Bear Claw Place (South Bear Claw Way) from the south property line north to West Bear Track Drive as proposed on the submitted site plan. Construct South Bear Claw Way as a 36-feet street section with curb, gutter and sidewalk within 50-feet of right-of-way. 5. Construct South Bear Claw Court located approximately 300-feet east of South Bear Claw Way intersecting with West Bear Track Drive on the south side as proposed on the submitted site plan. Construct South Bear Claw Court as a 36-feet street section with curb, gutter and sidewalk within 50-feet of right-of-way. 6. Construct an ACHD approved turnaround at the end of South Bear Claw Court. Submit a design of the turnaround for review and approval by District staff. 7. Stub West Stegerman Drive (West Sun Bear Drive) to the southeast property line between Lot 1, Block 23 and Lot 28, Block 15 to the Ad ki ns pa reel (S 1224438992), as proposed. Staff is supportive of this location. Due to the fact that this stub street is less than 150-feet in length, the applicant shall not be required to construct a temporary turnaround at the terminus ot the 5 Edd:Jtf ''ltu b cI /0 10. 6 roadway. The applicant shall install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE", Construct West Stegerman Drive (West Sun Bear Drive) as 36-foot street sections with curb, gutter and sidewalks within 50-feet of right-of- way. 8. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 9. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLlNE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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 E'J-A..h;-I IIA'I '7 er-P ID 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. E. Conclusions of Law 1. The proposed site plan is approved, jf all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 7 Exlr.,'b ,'-I It Pc it &' c f2 10 Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeaL The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. Appeal Guidelines 8 Eo<Jvj;,;'1 /'/t" 9 0/2 10 300 N i MON LOT 15 4 -:3 2' jl t1GGS ENGINEERING, INC. ~ C BRI~GS ) BEAR CREEK SUBDIVISION NO.8 PORTION OF THE SE 1/4 OF SECTION 24, T.3N., R.1W., RM., MERIDIAN ADA COUNTY, IDAHO () .. ,~ ~ . I DESIGN DAlE 00/11103 (206) 344-9700 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 ";-~5 MERIDIAN CITY ,- LIMITS BOUNDARY REVISION SHEET 1 OF 1 \10414.APR BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR SOUTHERN SPRINGS SUBDIVISION FOR AN 11 LOT COMMERICAL SUBDIVISION ON 10.97 ACRES LOCATED ON THE SOUTHEAST CORNER OF OVERLAND ROAD AND HIGHWAY 69, MERIDIAN, IDAHO BY: THE LAND GROUP, INC., APPLICANT CIC 09/09/03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-03-016 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on September 9,2003, and Anna Powell Planning Director for the Planning and Zoning Department, and David Koga, Richard Jewell, Darrell Tomlinson, Dale Rogers, Jeff Rowe, Ginger Jewell, Raleigh Bunch, and Gary Smith and Brad Watson of the Public Works Department, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark Planner III 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 "PRELIMINARY PLAT SOUTHERN SPRINGS SUBDIVISION LOCATED IN A PORTION OF THE NW ~ . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO. 8/ (pP-03-0l1) PAGE 1 OF 16 OF THE NW Y4 OF SECTION 19 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2003, SOUTHERN SPRINGS MERIDIAN IDAHO, Project Number: 03062, Designed By: ML/RH/KK, Drawn By: RH, Checked By: ML, Issue Date: 5-30-03, Sheet Title: PRELIMINARY PLAT, Sheet Number: PP-l, Roger Michener & Lawrence Ross - Developer-Owner, The Land Group, Inc. - Engineer", The Land Group, Inc., Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason ofthe fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned C-G, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 KJ 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382, including Chapter VII, Goal I, Obj. B, #5, Chapter VII, Goal N, Obj. A., #6, Chapter N, Goal I, Obj. A, #6, Chapter IV, Goal II, Obj. A, Chapter V, Goal I, Obj. A, Chapter V, Goal I, Obj. A, #11, Chapter V, Goal I, Obj. A, #4, and Chapter V, Goal III, Obj. B, #6. It is found that the subject property is designated as . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO.8! (pP-03-021) PAGE 2 OF 16 Commercial" on the Future Land Use Map. The purpose of this designation is "to provide a full range of commercial and retail" services, including retail, wholesale, office and other similar uses. The existing C-G zoning conform to this stated purpose of the Comprehensive Plan designation. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. It is found that public services are readily available to the lots within the proposed subdivision, provided changes as may be required by the Public Works and Building Departments are made. The developer is proposing to utilize the existing sewer trunk line adjacent to Ten Mile Creek. It is also found that the proposed uses will impact the level and flow of traffic on the surrounding streets. By 2007 (build-out), the Traffic Impact Study estimates this development to generate 13,945 average daily trips. Of these trips, 1,395 are estimated to be captured within the subdivision and 5,773 trips are estimated to be pass-by traffic. The development would generate an average of 6,775 new vehicle trips per day on adjacent roadways. By 2007, the study projects a Level of Service D for the Meridian/Overland Road intersection in the AM and a LOS for the PM. The need for a deceleration lane on Meridian Road/SH 69 was confirmed by the study. Also, in accordance with the Comprehensive Plan Policy #12 (pg. 79) and policy #2 (pg. 107), it is found that the number of vehicular access points to Meridian Road/SH 69 should be restricted and comply with ITD policies in order to preserve the capacity and movement on the roadway at build-out. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO. 8/ (pP-03-021) PAGE 3 OF 16 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and ifthe conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. It is found that the development will not require major expenditures for supporting services. The developer will fund and construct the majority of the supporting services. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. It is also found that as long as the developer complies with all regulatory agency standards, no health, safety or environmental problems are anticipated by this development. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT SOUTHERN SPRINGS SUBDIVISION LOCATED IN A PORTION OF THE NW y,; OF THE NW y,; OF SECTION 19 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2003, SOUTHERN SPRINGS MERIDIAN IDAHO, Project Number: 03062, Designed By: ML/RH/KK, Drawn By: RH, Checked By: ML, Issue Date: 5-30-03, Sheet Title: . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO.8 / (pP-03-021) PAGE 4 OF 16 PRELIMINARY PLAT, Sheet Number: PP-l, Roger Michener & Lawrence Ross - Developer- Owner, The Land Group, Inc. - Engineer". 8. The property owner of record is Queenland Acres, represented by Mr. Theron Scott of Meridian, Idaho. Mr. Scott has provided notarized consent for the subject application. 9. The City Council recognizes the concerns ofthe residents of Running Brook Subdivision, in their letter dated July 25,2003; Blaine and Mary Jane Bemlett in their letter dated August 1,2003; Raleigh and Myrna Bunch in their letter received August 5, 2003; Dale and Tammy Rogers in their letter dated August 28, 2003; Geraldine Snowball in her letter dated August 30, 2003; and Carla Everhart, Association Manager on behalf of the Meridian Greens Homeowners Association, in her letter dated September 3, 2003. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT SOUTHERN SPRINGS SUBDIVISION LOCATED IN A PORTION OF THE NW ~ OF THE NW ~ OF SECTION 19 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2003, SOUTHERN SPRINGS MERIDIAN IDAHO, Project Number: 03062, Designed By: MLIRH/KK, Drawn By: RH, Checked By: ML, Issue Date: 5-30-03, Sheet Title: PRELIMINARY PLAT, Sheet Number: PP-l, Roger Michener & Lawrence Ross- . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO. 81 (pP-03-021) PAGE 5 OF 16 Developer-Owner, The Land Group, Inc. - Engineer", The Land Group, Inc., Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as amended by the Commission as follows: PRELIMINARY PLAT SITE SPECIFIC COMMENTS 1. Sanitary sewer service to this site will be from main line extensions of the Ten Mile Trunk adjacent to the east of the project. The applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer mains will not be allowed within landscape areas, beneath landscape islands, and manholes will not be allowed in parking and loading areas. 2. Water service to this site will be from main line extensions from existing water mains in Meridian Road. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. Sidewalks shall be detached along Meridian Road/SH 69 and a minimum 5- foot-wide landscaped parkway shall be installed between the edge of pavement and sidewalk in accordance with MCC 12-13-10-8. 4. Approval of Southern Springs Subdivision application does not imply approval of the buildings, uses, parking or other development features shown on the face of the preliminary plat. Each individual lot will require a Certificate of Zoning Compliance be obtained prior to submittal of building permit applications. 5. MCC 12-13-10-4 requires a minimum 25-foot wide street buffer along Overland Road and a minimum 35-foot wide buffer along Meridian Road/SH 69. All required buffers shall be located beyond any right-of-way. Ifthe ITD intersection and road widening project on Meridian Road/SH 69 requires additional right-of- way, the Applicant may qualify for a buffer width reduction under MCC 12-13-10-5. If a reduction is desired, submit a written request to the Zoning Administrator with evidence of the need for reduction. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO.8 / (pP-03-021) PAGE 6 OF 16 6. On or near the western easement line of the 50-foot NMID easement, beginning approximately 450 feet south of the Overland Road right-of-way, Applicant shall construct a 25-foot wide landscape buffer andlor other screening as approved by the City. Said screening shall not obstruct visibility of the pathway from within the development and shall be placed east of all commercial uses. If NMID requires a written agreement for landscaping or fencing within their easement, Applicant shall submit said agreement with the final plat application. 7. A blanket, vehicular cross access easement shall be provided for all lots within the subdivision. Said easement shall be shown as a note on the final plat. 8. A vehicular cross access easement agreement shall be entered into with the Bengson parcel to the south to provide for a future connection to E. Calderwood Dc Submit said agreement prior to City signature on the final plat. 9. All perimeter lots along E. Overland Road are subject to a minimum 25- foot wide landscape easement. This street buffer shall be designed in accordance with MCC 12~13-1O. The Southern Springs Business Association shall maintain said easement and all common area lots within the subdivision. 10. The preliminary landscape plan (Sheet PL-l, dated 5/30103 by The Land Group) is approved. If the landscape buffer widths must be reduced due to roadway expansion, Applicant shall re-submit a revised landscape plan to the Planning & Zoning Department for review prior to City Council approval of the preliminary plat. (Per the City Council meeting held on September 9, 2003, a revised Landscape Plan has not been submitted by the Applicant, as the Applicant is still negotiating and waiting on the Idaho Transportation Department's comments on the redesign of the intersection ofOverIand Road and Meridian Road.) 11. 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. 12. A detailed fencing and landscape plan, in compliance with MCC 12-13, shall be submitted with the final plat application. 13. Applicant has indicated that the Nampa & Meridian Irrigation District will own and maintain the pressurized irrigation system within this development. The applicant shall be required to provide a backup source to the pressurized irrigation system. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO.8 1 (pP-03-021) PAGE 7 OF 16 14. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the Ci ty Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 15. All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 OO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed a 3: I slope. PRELIMINARY PLAT GENERAL REOUIREMENTS 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. 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. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO. 8/ (pP-03-021) PAGE 8 OF 16 shall be tiled per City Ordinance 12~4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. Show all existing and proposed easements for irrigation/drainage facilities located within the boundaries of this proposed development (i.e., Eight Mile Drain easement). 8. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 10. All construction shall confonn to the requirements of the Americans with Disabilities Act. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 52-feet of right-of-way (estimated) from the centerline of Overland Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of~way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of- way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #197), iffunds are available. Preliminary right-of-way estimation for Overland Road is approximately 52-ftet from centerline abutting the site. The applicant shall work with ACHD Traffic staff and Development staff for the dedication of additional right-of-way. 2. Meridian Road (State Highway 69) is under the jurisdiction of Idaho Transportation Department (ITD). Application materials shall be submitted to ITD . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO.8! (pP-03-021) PAGE 9 OF 16 for review and requirements of that Department and the applicant shall submit to the District a letter from rTD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer at 334-8341. As indicated on the site plan the applicant is proposing to construct a deceleration lane on Meridian Road with the project. The applicant shall contact the Idaho Transportation Department (ITD) for the scope of work for the. Overland Road/Meridian Road intersection project. The applicant shall work with the Idaho Transportation Department (ITD) for the dedication of additional right-of way and the location of the deceleration lane on Meridian Road. 3. Provide a $2,840.00 deposit to the Public Rights-of- Way Trust Fund for the cost of constructing 5-foot wide concrete sidewalk for approximately 142-feet abutting the frontage on Overland Road. ($20.00 per 1.F.) The applicant shall work with ACHD Traffic staff and Development staff for the placement and tie-in proposal for the proposed pathway to the sidewalk abutting the site and extending to the intersection of Overland Road and Meridian Road. 4. In lieu of constructing the pedestrian ramp on Overland Road, the applicant shall be required to provide a $350.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing the pedestrian ramp. 5. No access to Overland Road was proposed. Therefore, no access to Overland Road shall be approved with this application. Lot access restrictions, as required with this application, shall be stated on the final plat. 6. Provide a recorded cross access easement for the lots within the subdivision, and to the south, to utilize the common access point(s) on Meridian Road to use for access to the public streets. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO.8 / (pP-03-021) PAGE 10 OF 16 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8, Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO. 8/ (pP-03-021) PAGE 11 OF 16 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 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 the Meridian Fire Department Recommendations as follows: 1. That a fire-flow as required by the Uniform Fire Code shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii for internal and complex entries shall be 28' inside and 48' outside radius. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. No vertical obstructions or mature landscaping which obstructs the outlets of any fire hydrant are permitted within 10'. 8. All building uses and processes to comply with the Fire Code in effect at the time of construction. 9. A 20' wide fire lane shall be maintained around all proposed buildings. 10. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect mature trees. D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO.8! (pP-03-021) PAGE 12 OF 16 1. Applicant shall apply for a land use change/site application. All laterals and waste ways must be protected. The District's Ten Mile Drain courses along the eastern boundary with a recorded easement of one hundred feet, fifty feet each side. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, in unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. 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 from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations ofthe Meridian Parks Department as follows: 1. Build pathway to recommended Pathway Standards. G. Adopt the Recommendations of Sanitary Services as follows: 1. Further review of the trash enclosure size, design and access needs to be done. Also, there needs to be consideration for front end load commercial collection services, etc., and developer shall contact Bill Gregory or Steve Sedlacek at Sanitary Services. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO. 8/ (pP-03-021) PAGE 13 OF 16 ( \. ( H. Adopt the action of the City Council taken at their September 9,2003 meeting as follows: For clarification: 1. If the parcel abutting the south property line is a residential use at the time of development of Lots 8 and 9, a 25 foot buffer shall be constructed on said lots adjacent to the south boundary. 2. The Applicant shall construct a minimum ten-foot-wide, hard surfaced pedestrian pathway system from Overland Road to the southern boundary of the property for use as public pedestrian access. A pennanent pedestrian easement, in favor of the City of Meridian shall be recorded for said pathway. The existing 20-foot sewer easement adjacent to Ten Mile Creek shall also be improved for access to Public Works Department standards. Additionally, the Applicant shall meet with the Planning and Zoning Department to determine the width, location, and adequacy of the pathway along a predominately eastern section of the property from the northern boundary to the southern boundary of the property. 3. The Applicant shall be required to construct a minimum six foot vinyl fence along the eastern property line along the western easement ofTen Mile Creek, beginning approximately 450 feet south of the Overland Road right-of-way line. 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 he 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. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO.8! (pP-03-021) PAGE 14 OF 16 c 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. By action ofthe City Council at its regular meeting held on the day of JJztfeh^'~ ,2003. ROLL CALL Z,3rd... COUNCILMAN BIRD VOTED~ VOTED --ffi-.a.- COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY VOTED VOTED ~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED - J..:u-'p Attest: . ~ GI::J (P/iv,..w..( /1Y;.r,d.e_f- -:-. % SEAL _ \ -y~ R:: ~?" (>'0 ,W ~ ~O g ....~ 1'0 Sr 19\ . ~- ~ / ~ ~ ~ ~'<"I 00Uo.~ i> \'~' II/I( IV. , · \\\\\ 11111111111\\\\\ . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO. 8/ (pP-03-021) PAGE 15 OF 16 ( Copy served upon Applicant, The Planning and Zoning Department, Public Works Itl \\\\\11 iI/tll Department and City Attorney. ,...\\\\\\ Of Mf.!:rt""1 " A~ ~~ ././.... " ~" ~1./J. /... .j (i O~poPvlj)'; . y ~ ~ _,0 ~^ ~ ~~ ~ v_ ~ ~ ~ Dated: 0/--- t, --tJ 3~ By:dI~/f&r (~ City Clerk Z:\Work\M\Meridian\Meridian 15360MlBear Creek No.8 PP-03-021\FfClsOrdPP.doc . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO. 8/ (pP-03-021) PAGE 16 OF 16 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 33.26 ACRES FOR PROPOSED TUSCANY VILLAGE, LOCATED AT THE SOUTHWEST INTERSECTION OF VICTORY ROAD AND SOUTH LOCUST GROVE ROAD, MERIDIAN, IDAHO TUSCANY DEVELOPMENT, APPLICANT CIC 09/09/03 Case No. AZ-03-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING on September 9,2003, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Kent Brown, Matt Schultz, Cathy Jerrems, Sue Howard, Russ Liddell, and Brent Clayborne, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 1 OF 19 ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6,2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 33.26 acres in size and is located at the southwest intersection of Victory Road and South 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 is Tuscany Development Corporation. The applicant is Tuscany Development Corporation. 6. The property is presently zoned RUT (Ada County) and consists of vacant land. 7. The Applicant requests the property be zoned as R-8 (Medium Density Residential). 8. The subject property is bordered to the north by rural residential property, to the south by rural residential property, to the east by rural residential property, and to the west by the Locust Grove Grange and agricultural property. 9. The Applicant proposes to develop the subject property in the following manner: as a 136 lot residential subdivision with 10 other lots on 33.26 acres in a proposed R-8 zone. 10. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLlCA TION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 2 OF 19 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 Quasar Development, expressed in their letter dated August 4,2003. 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 if the following conditions of development are imposed: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. On Page 2 of staff report allow applicant a 12' setback for thy living area and 20' setback for the garage. 2. On Page 6 ofthe staffreport, delete Items 1 and 2 from annexation and zoning conditions of approval. B. Adopt the Recommendations ofthe Meridian Planning & Zoning Department as follows: ANEXA TION AND ZONING CONDTIONS OF APPROVAL 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be required; the following shall be addressed in the Development Agreement: pathway standards and fencing requirements for the pathway and micropaths. 3. Retain alignment with a notice that applicant and neighbors will hold hearing to discuss and present possible options. C. Adopt the Recommendations ofthe ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 3 OF 19 ( Site Specific Conditions of Approval: 1. This section of Victory Road is not listed as a proposed project in the District's currently adopted Five Year Work Program, but is in the currently adopted 20-year Capital Improvements Program. However, the applicant may receive reimbursement for dedicated right-of-way from available collected impact fees, only if the roadway is listed in the current CIP at the time of plan/plat approval. The ACHD Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: 1. 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) an additionall0-feet of right-of-way along Victory Road (35-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. The applicant should also be required to obtain a license agreement for any landscaping located in the Victory Road right-of-way. ii. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline of the right-of- way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. Hi. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right-of-way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. This section of Locust Grove Road is not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right-of-way abutting the site. Right-of-way dedication is not required with this application. If the applicant chooses to dedicate the right-of-way, ACHD will not provide compensation. The applicant shall do one of the following: 1. Dedicate by donation an additionallO-feet of right-of-way along Locust Grove Road (3S-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE4 OF 19 with District staff. The applicant should provide the District with an easement for any portion ofthe sidewalk that is not located within the right-of-way. The applicant should also be required to obtain a license agreement for any landscaping located in the Locust Grove Road right-of-way. 11. Do not dedicate additional right-of-way~ but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline of the right-of-way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. 111. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way (iffeasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct a separate westbound left-turn lane on Victory Road at Ascaino Avenue. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane and taper with District staff. 4. Construct Ascaino Avenue to intersect Victory Road approximately 800-feet west of Locust Grove Road and in alignment with the existing driveway on the north side of Victory Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet of right-of-way with curb, gutter and concrete sidewalks. Ascaino Avenue shall be constructed with 21-foot street sections on either side of the proposed center median. 5. Construct CecinaStreet to intersect Locust Grove Road approximately 1,175-feet south of Victory Road and in alignment with the existing driveway on the south side of Locust Grove Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of-way with curb, gutter and concrete sidewalks. Cecina Street shall be constructed with 21-foot street sections on either side of the proposed center median. 6. Unless otherwise approved by District staff, the applicant shall construct all of the internal roadways; Italy Street, Siena Street, Cecina Street~ Arezzo A venue, Murlo Avenue, Sarteano Avenue and Pienza Street as 36-foot street sections with curb, gutter, and 4-foot wide detached concrete sidewalks (separated from the curb a minimum of 5- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 5 OF 19 feet), within 50-feet of right-of-way as proposed. The applicant shall provide the District with an easement for the portions ofthe sidewalks that are not located within the right-of- way. 7. Construct Italy Street to the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 8. Construct Arezzo Avenue to the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 9. Construct a stub street to Parcel # 81130120700 to the west. Said stub street shall either be in alignment with Pienza Street or offset from Pienza Street a minimum of 12S-feet (measured centerline to centerline). Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 10. Any landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Other than the access points specifically approved with this application, direct lot or parcel access to Victory Road and Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plates). 12. Comply with all Standard Conditions of Approval. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for all internal roads. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-0 14) PAGE 6 OF 19 6. The roadways shalLbe. built to Ada County Highway Standards with aminimUill street width of36'. UFC 902.2.1 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. During the phased development of the proj ect, two points of access will have to be provided to all points of the project serving more than thirty homes. E. Adopt the Nampa& Meridian Irrigation District Recommendations as follows: 1. The District requires a Land Use Change Application to be filed for review prior to final platting. All laterals and waste ways must be protected. The District's Ten Mile Drain courses along the eastern boundary with a recorded easement of one hundred feet, fifty each side. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their September 9, 2003 meeting as follows: 1. The developer shall provide a sewer stub from Tuscany Lakes Subdivision to the property owned by Ms. Sue Howard, 7885 South Locust Grove Road, Meridian, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-0 14) PAGE 7 OF 19 Idhao. 14. It is found that the requested zoning designation, R-8, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and the Generalized Land Use Map, which designates the land to be "Medium Density Residential". The Comprehensive Plan also indicates that the subject property should have a multi-use pathway running. north-south through the subdivision along the Ten Mile Creek. Page 54 of the Comprehensive Plan addresses the issue of pathways and states that they should be in compliance with the Parks and Recreation Comprehensive Plan (not yet adopted) and that the pathway should be located "off street". The applicant has indicated that they will construct a 10' asphalt multi-use pathway along the Ten Mile Creek. IS. The area has been designated as a Medium Density Residential area in Meridian's Comprehensive Plan and is located on Victory Road at the southwest intersection of Locust Grove Road and Victory Road. The applicant has not indicated that they intend to rezone the subject property in the future. 16. It is found that the proposed single family residential subdivision would be allowed within the requested R-8 zone, if accompanied with a Conditional Use Permit for a Planned Development. 17. It is found that the land to the southeast of the subject property has been developed as residential subdivisions similar to the proposed subdivision. It is found that the requested zoning designation ofR-8 is harmonious with the recently approved adjacent developments and it would be appropriate to rezone the property as requested. 18. It is found that the proposed use (single family residential) will be harmonious with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 8 OF 19 the existing character of the area. 19. It is not anticipated that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 20. It is found that the property to be annexed will or can be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. ACHD and Meridian's Fire Department have provided comments indicating standard conditions of approval. 21. It is found that the proposed subdivision will not result in excessive additional requirements at public cost for public services and facilities. Infrastructure to service the proposed planned development is in close proximity to the subject property and the subject property is accessible off of an existing road network. Subsequently, the annexation and zoning will not be detrimental to the communiti s economic welfare. 22. The fact is recognized that traffic and noise will increase significantly upon build-out of the proposed subdivision; however, it is not felt that the amount generated will be detrimental to the public welfare ofthe city. 23. It is found that the subdivision's vehicular approaches off Victory Road will not cause significant interference on the surrounding public streets. Review of ACHD comments will show concerns of vehicular approaches and traffic generation. 24. The proposed subdivision will not result in the loss or damage of a natural or scenic feature ofmajor importance. The site does not contain any natural or scenic features of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 9 OF 19 major importance. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordihance. 25. It is found that services are available to the site and that the inclusion of a pathway that will become a part of Meridian's pathway system makes the annexation of this property in the best interest of the City. 26. 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 must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 10 OF 19 ,. '. 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 (R-8) Medium Density Residential is defined in the Zoning Ordinance at S 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family attached dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion oflarge homes into two-family dwellings in well- established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances 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, and Zoning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 11 OF 19 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 33.26 acres to Medium Density Residential (R-8), is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for alU1exation and zoning of 33.26 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 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 Special Recommendations of the Planning and Zoning Commission as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 12 OF 19 1. On Page 2 of staff report allow applicant a 12' setback for the living area and 20' setback for the garage. 2. On Page 6 of the staff report, delete Items 1 and 2 from annexation and zoning conditions of approvaL B. Adopt the Recommendations ofthe Meridian Planning & Zoning Department as follows: ANEXA TION AND ZONING CONDTIONS OF APPROVAL 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be required; the following shall be addressed in the Development Agreement: pathway standards and fencing requirements for the pathway and micropaths. 3. The applicant and neighbors have held discussions and have also presented possible options on the sewer alignment issue. C. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval: 1. This section of Victory Road is not listed as a proposed project in the District's currently adopted Five Year Work Program, but is in the currently adopted 20-year Capital Improvements Program. However, the applicant may receive reimbursement for dedicated right-of-way from available collected impact fees, only if the roadway is listed in the current CIP at the time of plan/plat approvaL The ACHD Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: 1. 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) an additionall0-feet of right-of-way along Victory Road (35-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 13 OF 19 right-of-way. The applicant should also be required to obtain a license agreement for any landscaping located in the Victory Road right-of-way. 11. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline of the right-of- way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. 111. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge ofthe existing right-of-way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. This section of Locust Grove Road is not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right-of-way abutting the site. Right-of-way dedication is not required with this application. If the applicant chooses to dedicate the right-of-way, ACHD will not provide compensation. The applicant shall do one of the following: 1. Dedicate by donation an additional 10-feet of right-of-way along Locust Grove Road (35-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. The applicant should also be required to obtain a license agreement for any landscaping located in the Locust Grove Road right-of-way. 11. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline of the right-of-way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. 111. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct a separate westbound left-turn lane on Victory Road at Ascaino Avenue. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 14 OF 19 ,~ j chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design ofthe turn lane and taper with District staff. 4. Construct Ascaino Avenue to intersect Victory Road approximately 800-feet west of Locust Grove Road and in alignment with the existing driveway on the north side of Victory Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet of right-of-way with curb, gutter and concrete sidewalks. Ascaino Avenue shall be constructed with 21-foot street sections on either side of the proposed center median. 5. Construct Cecina Street to intersect Locust Grove Road approximately 1,175-feet south of Victory Road and in alignment with the existing driveway on the south side of Locust Grove Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet of right-of-way with curb, gutter and concrete sidewalks. Cecina Street shall be constructed with 21- foot street sections on either side of the proposed center median. 6. Unless otherwise approved by District staff, the applicant shall construct all of the internal roadways; Italy Street, Siena Street, Cecina Street, Arezzo Avenue, Murlo Avenue, Sarteano Avenue and Pienza Street as 36-foot street sections with curb, gutter, and 4-foot wide detached concrete sidewalks (separated from the curb a minimum of 5- feet), within 50-feet of right-of-way as proposed. The applicant shall provide the District with an easement for the portions of the sidewalks that are not located within the right-of- way. 7. Construct Italy Street to the west property line, as proposed. Install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 8. Construct Arezzo Avenue to the south property line, as proposed'. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 9. Construct a stub street to Parcel # SI130120700 to the west. Said stub street shall either be in alignment with Pienza Street or offset from Pienza Street a minimum of 125-feet (measured centerline to centerline). Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 10. Any landscape islands/medians within the public right-of-way dedicated by this plat shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-0 14) PAGE 15 OF 19 be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Other than the access points specifically approved with this application, direct lot or parcel access to Victory Road and Locust Grove Road is prohibited. Lot access restrictions) as required with this application) shall be stated on the final plates). 12. Comply with all Standard Conditions of Approval. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standards with a minimum street width of 36', UFC 902.2.1 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. During the phased development of the proj ect, two points of access will have to be provided to all points of the proje..'{ serving more than thirty homes. E. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1. The District requires a Land Use Change Application to be filed for review prior to final platting. All laterals and waste ways must be protected. The District's Ten Mile Drain courses along the eastern boundary with a recorded easement of one hundred feet, fifty each side. This easement must be protected and anyencroaclunent without a signed License Agreement and approved plan, before any construction is started) is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 16 OF 19 developer must comply with Idaho Code 31-3805. F. Adopt the Recom.l:l!endations 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. G. Adopt the action of the City Council taken at their September 9,2003 meeting as follows: 1. The developer shall provide a sewer stub from Tuscany Lakes Subdivision to the property owned by Ms. Sue Howard, 7885 South Locust Grove Road, Meridian, Idaho. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries an~ 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 GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 17 OF 19 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 ofthe City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 0""2 rd... ?-:;:> - day of cN/?~.~ , ,2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~V COUNCILWOMAN CHERIE Mc CANDLESS VOTED ~A...- COUNCILMAN WILLIAM 1.M. NARY VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 18 OF 19 MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 9---,Z3-tJ3 - VOTED MOTION: APPROVED: X DISAPPROVED: Attest: "- c;~ ~P,/lerjld4..~ 7&. & 2 -- Qu ,~o .::: -s "10 'S, 1S\ . ~ $' -;:.. :;& b.: " -/" ~T ,C'; \0' ~ ", Copy served upon Applicant, the Planning ari'{h~~~~ent, Public Works Department and th C'ty Att 01/11111 lltH\ \ \\\\\\\11 II If 11111// e 1 orney. \\\\\ OF M~" 1I11 " A:~ '-.il'k),; 1,,/ "" '"'1..-/ "-~ () 00PO~A ~ ~ .2' .0 . "'I )0",,- -;:.. -. ~ "0-;:" Dated: 9----Z3....--tJ g t ~ ByJ~~~-9 City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 19 OF 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR TUSCANY VILLAGE FOR A 136 LOT RESIDENTIAL SUBDIVISION WITH 10 OTHER LOTS ON 33.26 ACRES LOCATED A T THE SOUTHWEST INTERSECTION OF VICTORY ROAD AND LOCUST GROVE ROAD, MERIDIAN, IDAHO BY: TUSCANY DEVELOPMENT, APPLICANT C/C 09/09/03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-03-01S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on September 9,2003, and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Kent Brown, Matt Schultz, Cathy Jerrems, Sue Howard, Russ Liddell, and Brent Clayborne, appeared and testified, 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 "PRELIMINARY PLAT TUSCANY VILLAGE SUBDIVISION, A PORTION OF THE NE 1,4 OF SECTION 30, T. 3N., . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILLAGE/ (pP-03-015) PAGE 1 OF 13 R. IE., RM., ADA COUNTY, IDAHO, DWG DATE: 04/22/03 KDH, DWG NO. 30305, REVISION: 08/19/03 BY: KDH and 08/25/03 BY: KDH, SHEET: 1 OF I PREPLAT, \30305preplat(2).dwg, STAMPED DATE: AUG 282003, HANDWRITTEN DATE: 8/25/03, STAMPED: RECEIVED AUG 28 2003 CITY OF MERIDIAN CITY CLERK OFFICE, TUSCANY DEVELOPMENT - DEVELOPER, BRIGGS ENGINEERING, INC.- PLANNER", Tuscany Development, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code ~ 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8, is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code ~ 11-7-2 D] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. The Comprehensive Plan designates the property as Medium Density Residential. . . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE / (pP-03-015) PAGE 2 OF 13 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. The subdivision will be served by water main line extension from existing mains adjacent to the subject property and via main line extension from an existing trunk line adjacent to the property as a part of the Tuscany Lakes Subdivision. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. The applicant shall extend urban services to the subject property from existing main lines and the subject property is accessed by an existing road network.. 5. The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. The applicant shall pay for the construction of extending services to the subject property. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT TUSCANY VILLAGE SUBDIVISION, A PORTION OF THE NE !4 OF SECTION 30, T. 3N., R. IE., RM., ADA . . FINDINGS OF PACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE / (pP-03-015) PAGE 3 OF 13 COUNTY, IDAHO, DWG DATE: 04/22/03 KDH, DWG NO. 30305, REVISION: 08/19/03 BY: KDH and 08/25/03 BY: KDH, SHEET: 1 OF 1 PREPLAT, \30305preplat(2).dwg, STAMPED DATE: AUG 28 2003, HANDWRITTEN DATE: 8/25/03, STAMPED: RECENED AUG 28 2003 CITY OF MERIDIAN CITY CLERK OFFICE, TUSCANY DEVELOPMENT _ DEVELOPER, BRIGGS ENGINEERING, INC.- PLANNER". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT TUSCANY VILLAGE SUBDIVISION, A PORTION OF THE NE ~ OF SECTION 30, T. 3N., R. IE., RM., ADA COUNTY, IDAHO, DWG DATE: 04/22/03 KDH, DWG NO. 30305, REVISION: 08/19/03 BY: KDH and 08/25/03 BY: KDH, SHEET: 1 OF 1 PREPLAT, \30305preplat(2).dwg, STAMPED DATE: AUG 282003, HANDWRITTEN DATE: 8/25/03, STAMPED: RECENED AUG 28 2003 CITY OF MERIDIAN CITY CLERK OFFICE, TUSCANY DEVELOPMENT - DEVELOPER, BRIGGS ENGINEERING, INC.- PLANNER", Tuscany Development, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Proposed front yard setbacks on Page 2 should be 12' for living areas and 20' for garages. 2. Page 8, paragraph 4, the third sentence shall read: "Fencing adjacent to the . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE / (pP-03-015) PAGE 4 OF 13 proposed park shall be non-sight obscuring above four feet in height." The remainder of the sentence shall remain unchanged. 3. Page 8, paragraph 5, modify the note on the plat restricting fencing adjacent to pathways to include the words, "and adjoining Ten Mile Creek to no greater than four feet. " 4. Page 9, add a paragraph 1 0 stating: "A permanent pedestrian easement in favor of the City of Meridian shall be recorded on the property adjacent to Ten Mile Creek. Such easement shall be a minimum of20 feet in width and shall be constructed with a ten- foot hard surface pathway prior to the issuance of the first certificate of occupancy for any building within the subdivision. The City of Meridian shall be responsible for the maintenance of the pathway within the easement. The homeowners association shall be responsible for landscaping maintenance within the easement. The instrument number of the recorded easement shall be noted on the Pinal Plat of the subdivision. R Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Water service to this site shall be via main line extensions from the existing mains adjacent to the property. Applicant will be responsible for constructing the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2. Sanitary Sewer service to this site shall be via main line extensions from the existing Trunk line installed adjacent to the property as part of the Tuscany Lakes project. Applicant will be responsible for constructing the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant has proposed an alternate route for the Ten Mile Trunk through the proposed project instead of following the City of Meridian's Master Plan, and previously approved routing that was approved with Tuscany Lakes, which follows the master plan route down Victory Road and Locust Grove Road. (See R.I. here in below pursuant to action of the City Council taken at their September 9, 2003 meeting on the sanitary sewer service main line extension.) 3. The applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation district. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE I (PP-03-01S) PAGE 5 OF 13 responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 4. A detailed fencing plan shall be submitted upon application of the final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. fencing adjacent to the proposed park shall be 4' in height (to increase the visibility of the park) and depicted in the fencing plan. A note restricting the fencing adjacent to the park shall be added to the final Plat. 5. Submit a detailed landscaping depicting the playground equipment to be added to the proposed neighborhood park and a detailed plan for the proposed storm drain ponds. 6. Add or revise the following preliminary plat notes: -Add a note to the face of the plat that restricts fencing adjacent to the pathways within the subdivision to being no greater than four feet in height if solid sight- obscuring material is used for fence construction. 7. Ten (10) copies ofthe revised plat was submitted to the City Clerk's Office for this plat. 8. Add a stub street to provide access to the Locust Grove Grange property per the recommendation of ACHD, 9. The applicant has not indicated whether the project is to be phased. If this project is to be phased, revise the plat to indicate phase lines. 10. Submit all updated groundwater/soils monitoring data to the Public Works Department for review. The original study report was prepared by the subdivision engineer, instead of a soils scientist as required by the City of Meridian. The applicant has indicated that Associated Earth Sciences has indicated that shallow groundwater may be a factor, particularly in the northwest comer of the development. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 DO-year storm events, and for a period oftime 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 of3-feet above the highest established FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE I (pP-03-015) PAGE 6 OF 13 nonnaI groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. C. Adopt the Recommendations of ACHD as follows: A. Site Specific Conditions of Approval 1. This section of Victory Road is not listed as a proposed project in the District's currently adopted Five Year Work Program, but is in the currently adopted 20- year Capital Improvements Program. However, the applicant may receive reimbursement for dedicated right-of-way from available collected impact fees, only if the roadway is listed in the current CIP at the time of plan/plat approval. The ACHD Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: i. 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) an additionallO-feet of right-of-way along Victory Road (35-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. The applicant should also be required to obtain a license agreement for any landscaping located in the Victory Road right-of-way. ii. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline of the right-of-way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. iii. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right-of-way (if feasible). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE I (PP-03-015) PAGE 7 OF 13 Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. This section of Locust Grove Road is not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right- of-way abutting the site. Right-of-way dedication is not required with this application. If the applicant chooses to dedicate the right-of-way, ACHD will not provide compensation. The applicant shall do one of the following: 1. Dedicate by donation an additionallO-feet of right-of-way along Locust Grove Road (3S-feet total from centerline), and construct a minimum 5- foot wide concrete sidewalk along Locust Grove Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. The applicant should also be required to obtain a license agreement for any landscaping located in the Locust Grove Road right-of-way. 11. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline of the right-of-way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. 111. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge ofthe existing right-of-way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct a separate westbound left-turn lane on Victory Road at Ascaino Avenue. The applicant may choose to install the auxiliary turn Jane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. lfthe later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane and taper with District staff. 4. Construct Ascaino Avenue to intersect Victory Road approximately 800-feet west of Locust Grove Road and in aligmnent with the existing driveway on the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE / (pP-03-0 15) PAGE 8 OF 13 north side of Victory Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of-way with curb, gutter and concrete sidewalks. Ascaino Avenue shall be constructed with 21-foot street sections on either side of the proposed center median. 5. Construct Cecina Street to intersect Locust Grove Road approximately 1,175-feet south of Victory Road and in alignment with the existing driveway on the south side of Locust Grove Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright~of-way with curb, gutter and concrete sidewalks. Cecina Street shall be constructed with 21-foot street sections on either side of the proposed center median. 6. Unless otherwise approved by District staff, the applicant shall construct all of the internal roadways; Italy Street, Siena Street, Cecina Street, Arezzo Avenue, Murlo Avenue, Sarteano Avenue and Pienza Street as 36-foot street sections with curb, gutter, and 4-foot wide detached concrete sidewalks (separated from the curb a minimum of 5-feet), within 50-feet of right-of-way as proposed. The applicant shall provide the District with an easement for the portions of the sidewalks that are not located within the right-of-way. 7. Construct Italy Street to the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE", Coordinate the sign plan for the stub street with District staff. 8. Construct Arezzo Avenue to the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 9. Construct a stub street to Parcel # S1130120700 to the west. Said stub street shall either be in alignment with Pienza Street or offset from Pienza Street a minimum of 125-feet (measured centerline to centerline). Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. I O. Any landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Other than the access points specifically approved with this application, direct lot or parcel access to Victory Road and Locust Grove Road is prohibited. Lot . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE/ (pP-03-015) PAGE 9 OF 13 access restrictions, as required with this application, shall be stated on the final plates). 12, Comply with all Standard Conditions of Approval. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for aU internal roads. 6. The roadways shall be built to Ada County Highway Standards with a minimum street width of 36'. UFC 902.2.1 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. During the phased development of the project, two points of access will have to be provided to all points of the project serving more than thirty homes. E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change Application to be filed for review prior to final platting. All laterals and waste ways must be protected. The District's Ten Mile Drain courses along the eastern boundary with a recorded easement of one hundred feet, fifty each side. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE I (pP-03-015) PAGE 10 OF 13 plans. The developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the Meridian Parks and Recreation Departments Recommendations as follows: 1. Build path to recommended pathway standards. H. Adopt the action of the City Council taken at their September 9,2003 meeting as follows: 1. For clarification: The applicant is allowed a revision to the Sewer Master Plan alignment for the 27" sewer downstream of the Tuscany property. The revision is a minor realignment to the overall Master Plan that maintains the intent to provide major sewer "backbone" infrastructure from the northwest to the southeast, as the City grows to the south. Future developments in the area will connect to the trunk. line accessible in Victory Road and Locust Grove Road with smaller sewer mains. The applicant has constructed the 27" sewer trunk within 1,200 feet of that intersection. The applicant shall be allowed to extend the 27" sewer across a 33-acre parcel, and therefore the extension does not have to be extended to the comer of Locust Grove and Victory south of Locust Grove. Additionally, the applicant has agreed to . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE / (pP-03-0 15) PAGE 11 OF 13 cost share the expense of taking the sewer line from the edge of their property to the corner of Locust Grove and Victory Road and shall enter into a private cost sharing agreement with Quasar Development to build a 10" sewer line from the 27" sewer line located interior to Tuscany project to the intersection of Locust Grove and Victory Road. If Quasar Development does not desire to enter into a private cost sharing agreement, then the applicant shall satisfy the standard full-frontage condition policy to extend the 1 0" sewer line beneath the Ten Mile Drain at their east property boundary at applicant's sole cost. Quasar or any other development could subsequently connect to the sewer line within the right- of-way of Victory Road. 2. The City Council also acknowledges the applicants response letter dated August 7,2003, and which is on file in the City Clerk's office located at 33 E. Idaho Street 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE I (pP-03-015) PAGE 12 OF 13 By action of the City Council at its regular meeting held on the Jel'~~ ,2003. ROLL CALL 23 t;! day of COUNCILMAN BIRD VOTED~ COUNCILWOMAN deWEERD VOTED~ COUNCILWOMAN McCANDLESS VOTED~ COUNCILMAN NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) - VOTED Attest: ~F A 1T Dated: 9,.--:J-.3 'P3 \;;. ~..2;iij!.J ~ ~ -Q ,0;'0 $ >, '0 v&r- s1". _.p $ / ~1 1 ~' " ';:"/ 00UNTv ~ \",...... //1 1. \\' Iflllf \\\\\\ z:\ Work\M\Meridian\Meridian 15360MlTuscany Village AZ-03-0 14 PP-03-0 15 CUP-03-029\FfClsOrdPP.doc If 1/1111 . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY VILALGE / (pP-03-0 15) PAGE 13 OF 13 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A 136 LOT RESIDENTIAL SUBDIVISION WITH 10 OTHER LOTS ON 33.26 ACRES FOR TUSCANY VILLAGE IN AN R-8 ZONE, ,LOCATED AT THE SOUTHWEST INTERSECTION OF VICTORY ROAD AND LOCUST GROVE ROAD, MERIDIAN, IDAHO TUSCANY DEVELOPMENT, APPLICANT C/C 09/09/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-029 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on September 9,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson ofthe Public Works Department, Kent Brown, Matt Schultz, Cathy Jerrems, Sue Howard, Russ Liddell, and Brent Clayborne, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 15 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 9,2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 9, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an RUT (Ada County) zone and by reason ofthe provisions of the Meridian City Code ~ ] 1-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the southwest intersection of Victory Road and South FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE20F15 Locust Grove Road, Meridian, Idaho, and the parcel is contiguous to existing city limits. 5. The owner of record of the subject property is Tuscany Development Corporation. 6. Applicant is Tuscany Development Corporation. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-8 (Medium Density Residential), before the City Council. The zoning district ofR-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use penuit for 136 lot residential subdivision with 10 other lots on 33.26 acres in a proposed R-8 zone for Tuscany Village. The requested conditional use permit for the Planned Development would allow reduced lot sizes, reduced setbacks, reduced frontages, reduced house sizes, and to exceed block length requirements. The R-8 zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Medium Density Residential". The Comprehensive Plan also indicates that the subject property should have a multi-use pathway running north-south through the subdivision along the Ten Mile Creek. Page 54 of the Comprehensive Plan addresses the issue of pathways and states that they should be in compliance with the Parks and Recreation Comprehensive Plan (not yet adopted) and that the pathway should be located "off street". The applicant has indicated that they will construct a 10' asphalt multi- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 15 use pathway along the Ten Mile Creek. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns of Quasar Development, expressed in their letter dated August 4, 2003. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction ofthe City of Meridian, subject to the following: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: 1. Change proposed setbacks on page 2 of staff report to front 12 feet for living area and 20 feet for garage. 2. Change page 12, paragraph three to read: The reductions to footage and minimum lot sizes, as well as the request to exceed block length maximums, are approved with one change in that the front setbacks for garages will be 20 feet. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (Conditional Use Permit) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 15 1. Applicant shall meet'aU ofthe requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. The reductions to the frontage and minimum lot sizes; as well as the request to exceed block length maximums are approved as submitted. 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 a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department. 5. AU radii shall be 28' inside and 48' outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standards with a minimum street width of36'. UFC 902.2.1 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. During the phased development of the project, two points of access will have to be provided to all points of the project serving more than thirty homes. D. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 15 3. Run~offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 14. The applicant is also requesting, along with the conditional use permit, to allow reduced lot sizes, reduced setbacks, reduced frontages, reduced house sizes, and to exceed block length requirements. 15. It is found that the subject property's size of 33.26 acres is large enough to accommodate the proposed subdivision and all other required features for this project. 16. The current Comprehensive Plan Land Use Map designates the property as "Medium Use Residential". It is found that the proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to allow reduced lot sizes, reduced setbacks, reduced frontages, reduced house sizes, and to exceed block length requirements. If the project is approved as a Planned Development, it will meet the minimum requirements of the MCC. 17. It is found that the proposed uses will be compatible with other uses in the general neighborhood and the existing and intended character of the general vicinity. 18. It is not anticipated that the proposed project will have an adverse impact on the surrounding properties within the vicinity. 19. It is found that the proposed development will be adequately served by the essential public facilities and services, including: streets, police and fire protection, drainage FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTJNG CONDITIONAL USE PERMIT PAGE 6 OF 15 structures, refuse disposal, water and sewer. 20. It is found that the proposed use would not be detrimental to the economic welfare of the community; the applicant will be responsible for the costs of extending existing sewer and water mains to the subject property. 21. It is found that there will be an increase in traffic and noise in the general vicinity ifthe subdivision is approved, but that approval of the subdivision will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare of the City and the subdivision's neighbors. 22. Based on the ACHD staff report, it is found that the proposed vehicular approaches are sufficient such that the development will not create significant interference with any traffic on the surrounding public streets. ACHD has not indicated that there are any significant traffic issues facing the proposed project. Review of ACHD's report for this project will provide additional information. 23. It is not found that any natural, scenic or historic feature will be lost, damaged or destroyed by issuance of this conditional use. It is found that there are no such features on the subject property, CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.c. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 15 Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage ofthe "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 9 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements ofthis Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character ofthe same area; d. That the proposed use, ifit complies with all conditions ofthe approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 15 g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8) a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the reconunendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modifY the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMlT PAGE 9 OF 15 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the hnpact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a 136 lot residential subdivision with 10 other lots on 33.26 acres in proposed R-8 zone for Tuscany Village. The requested conditional use permit for the Planned Development would be to allow reduced lot sizes, reduced setbacks, and to exceed Block Length Requirements located at the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 15 southwest intersection of Victory Road and South Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Change proposed setbacks on page 2 of staff report to front 12 feet for living area and 20 feet for garage. 2. Change page 12, paragraph three to read: The reductions to footage and minimum lot sizes, as well as the request to exceed block length maximums, are approved with one change in that the front setbacks for garages will be 20 feet. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Pennit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. The reductions to the frontage and minimum lot sizes; as well as the request to exceed block length maximums are approved as submitted. 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 a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standards with a minimum street width of 36'. UFC 902.2.1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 15 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. During the phased development of the project, two points of access will have to be provided to all points of the proj ect serving more than thirty homes. D. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Envirorunental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stornlwater 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. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 15 eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion ofthe project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.8.) 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 final decision concerning the matter at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 15 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 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2 :3 r'f!:. day of ~leh"'.6vv , 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED*'--- COUNCILMAN WILLIAM L.M. NARY VOTED~tL MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1-Z3---tJ3 VOTED - MOTION: APPROVED:~ DISAPPROVED: tkn-..,... '{) /<I ~~ C/~ CP~~ jJ/UJ/'de--J FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 15 S1W. fI 1 h..i.U "Y fl_ ~ </0 ",Ct, 0 ~ -:.;:.. 7'/\ USr 15\ ' ~ ~ // VA ~ V "// - 1 C ~ ,,-'- ////, OUNT'€" \" Copy served upon Applicant, Planning and Zon{ftgJJ,rlr,l?ATIll1efit, Public Works Department and the City Attorney. Attest: By: c:II.dt--: k~ / (t City Clerk .. Dated; \ \ \ \ \ l! 11111 II \\\, < II11 ,,\\ ! Of Ff..:?EfY;'r-,III; ",".;;.,"'-l. _~ '_~:/"-;.. .:::' 0 o?POFi,q':::- rf/ <;., , _,0 I 'C. ~ 2 ~~ 6 ~ - - ~ ; d~ '1 <'7 AJ3::-:-:-:~. _ ~~!& T! -I"' P':/'(/ ~ ~ ~oJlL~1JL2 -~ ~ Q'J 2 '-;:, -r7 00'0 .$J 0 ,::;- -r;:.,., ~O \) r 1 f.O\" ~ >::.$ .,:;, -1 v ~ ~' ",> 00 \V ,-" 11//1 UNT'{. \\\\\ /fIlii! 1111111\\\\\ Z:\ Work\M\MeJidian\Meridian 1 5360MlTuscany Village AZ-03-0 14 PP-03-0 15 CUP-03-029\FfClsCUP03-029.doc FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 15 BE.FORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A 136 LOT RESIDENTIAL SUBDIVISION WITH 10 OTHER LOTS ON 33.26 ACRES FOR TUSCANY VILLAGE IN AN R-8 ZONE, LOCATED AT THE SOUTHWEST INTERSECTION OF VICTORY ROAD AND LOCUST GROVE ROAD, MERIDIAN, IDAHO BY: TUSCANY DEVELPMENT, APPLICANT C/C 09/09/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-029 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on September 9,2003, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a 136 lot residential subdivision with 10 other lots on 33.26 acres in a proposed R-8 zone for Tuscany Village. The requested conditional use permit for the Planned Development would allow reduced lot sizes, reduced setbacks, reduced frontages, reduced house sizes, and to exceed block length requirements located at the southwest intersection of Victory Road and South Locust ORDER CONDITIONAL USE PERMIT (CUP-03-029) PAGE 1 OF5 Grove Road, Meridian, Idaho, subject to the fo11owing conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Change proposed setbacks on page 2 of staff report to front 12 feet for living area and 20 feet for garage. 2. Change page 12, paragraph three to read: The reductions to footage and minimum lot sizes, as well as the request to exceed block length maximums, are approved with one change in that the front setbacks for garages will be 20 feet. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. The reductions to the frontage and minimum lot sizes; as well as the request to exceed block length maximums are approved as submitted. 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 a duration of 2 hours to service the entire project. Fire hydrants shan be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for a11 internal roads. 6. The roadways shall be built to Ada County Highway Standards with a minimum street width of36'. UFC 902.2.1 ORDER CONDITIONAL USE PERMIT (CUP-03.-029) PAGElOF5 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. During the phased development of the project, two points of access will have to be provided to all points of the proj ect serving more than thirty homes. D. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use pennit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit ORDER CONDITIONAL USE PERMIT (CUP-03r029) PAGE 3 OF5 holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the counciL If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) 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 ORDER CONDITIONAL USE PERMIT (CUP-03.029) PAGE40F5 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 ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the 23':!!:- day of ~k~.6?v ,2003. R~~" 7P""/>.1- - ~... ('/iytp(v~ jlruld-t Attest: \\\I,lltllll//f, \\\\ F n" 1/11 <,\" -{ 0 '1f~.ERID /1/.-., ,,~ ~v ,'~ 0/ o1'\Po,Q~.... '1- ~ ~ ...0 . IJIL,..<--. ~ '~/' ....0-;.. I S BY~~~~ City Clerk i \~ \ ;'~. /?..... ,\",. 0'" . " ",(/,,, '\:! 0 2 '... Q,. 1 S1' ' .)l: ~ t-l'..... .::-- ("> \\)~' ", '~O' 'NT'l \ \\' "VI . \\\\\ "411111111\\\ Copy served upon Applicant, the Planning and Lonmg Department, Public Works Department and City Attorney. \\\\\\ll11IIfIiJ/J \\\ F flnt"- /11 \,,\ 'l 0 iJ.lt:::/Ylh 11// ,,\ ~ v/. //.... ...:~ CJ o?>poil-q '-11,- ~ .2 ~G /;.0 ~ t. ~ 0 ~ - - C~'7:'l f'l" ~:~.~~'.L.u Dated: 1-21 '" ~ 3 Z:\ Work\M\Melidian\Meridian I 5360MlTuscany Village AZ-03.0 [4 PP-03-0 15 CUP-03.029\OrderCUP.doc ..... ..... ORDER CONDITIONAL USE PERMIT (CUP-03..029) PAGE 5 OF 5 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/09/03 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR CLEARBROOK ) ESTATES SUBDIVISION FOR 36 ) SINGLE FAMILY LOTS WITH 11 ) OTHER LOTS ON 11.65 ACRES ) LOCATED ON THE WEST SIDE OF ) N. MERIDIAN ROAD, 1/3 MILE ) SOUTH OF W. USTICK ROAD, ) MERIDIAN, IDAHO ) ) BY: RK DEVELOPMENT, LLC, ) APPLICANT ) ) Case No. PP-03-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on September 9,2003, and Anna Powell Planning Director for the Planning and Zoning Department, and Richard Cook, appeared and testified, and the City Council having received a report from Steve Siddoway 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 "PRELIMINARY PLAT CLEARBROOK ESTATES SUBDIVISION, LOCATED IN THE N E ~ OF SECTION 01, T.3N., R.IW., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 03/13/03 SAT, DWG NO. 30101, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CLEARBROOK ESTATES SUBDIVISION / (pP-03-007) PAGE I OF 12 SHEET: 1 OF 1 PRE-I, \30101-PRE.dwg, REVISION: 06/05/03 BY: DLP, 06/10/03 BY: DLP, 07/01103 BY: DLP, 07/31/03 BY: JSM, STAMPED DATE: JUL 31 2003, STAMPED: RECEIVED JUL 31 2003 CITY OF MERIDIAN CITY CLERK OFFICE, RK DEVELOPMENT, LLC - DEVELOPER, BRIGGS ENGINEERING, INC. - PLANNER", RK Development, LLC, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned R-4, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 CJ 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CLEARBROOKESTATES SUBDIVISION / (pP-03-007) PAGE 2 OF 12 and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or envirorunental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT CLEARBROOK ESTATES SUBDIVISION, LOCATED IN THE N E y.; OF SECTION 01, T.3N., R.IW., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 03/13/03 SAT, DWG NO. 30101, SHEET: I OF 1 PRE-I, \30101-PRE.dwg, REVISION: 06/05/03 BY: DLP, 06/10/03 BY: DLP, 07/01103 BY: DLP, 07/31/03 BY: JSM, STAMPED DATE: JUL 312003, STAMPED: RECEIVED JUL 31 2003 CITY OF MERIDIAN CITY CLERK OFFICE, RK DEVELOPMENT, LLC - DEVELOPER, BRIGGS ENGINEERING, INe. - PLANNER". 8. The City Council recognizes the concerns of Christopher Broer, in a letter received by the City on June 5, 2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CLEARBROOK ESTATES SUBDIVISION / (pP-03-007) PAGE 3 OF 12 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT CLEARBROOK ESTATES SUBDIVISION, LOCATED IN THE N E ~ OF SECTION 01, T.3N., R.l W., RM., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 03/13/03 SAT, DWG NO. 30101, SHEET: 1 OF 1 PRE-I, \30101-PRE.dwg, REVISION: 06/05/03 BY: DLP, 06/10/03 BY: DLP, 07/01103 BY: DLP, 07/31103 BY: JSM, STAMPED DATE: JUL 31 2003, STAMPED: RECEIVED JUL 31 2003 CITY OF MERIDIAN CITY CLERK OFFICE, RK DEVELOPMENT, LLC - DEVELOPER, BRIGGS ENGINEERING, INC. - PLANNER", RK Development, LLC, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning & Zoning Commission, as follows: CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. The pathway is approved as a lO-foot wide asphalt pathway. Pathway shall be constructed prior to any occupancy in the subdivision. Applicant should work with the City Parks Dept. to acquire the necessary approvals through the City's Master Pathway Agreement with the N ampa Meridian Irrigation District (NMID). Applicant shall conform to the Park's Dept. standards for construction of the pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CLEARBROOK ESTATES SUBDIVISION 1 (pP-03-007) PAGE 4 OF 12 2. Record an easement in favor of the City of Meridian on the lot that contains the pathway prior to issuance of the building permits. Said lot is numbered Lot 24 on the Preliminary Plat. (On the revised Plat dated DWG DATE: 03/13/03 SAT, REVISION: 06/05/03 BY: DLP, 06/10/03 BY: DLP, 07/01103 BY: DLP, 07/31/03 BY: JSM, STAMPED DATE: JUL 31 2003, STAMPED: RECEIVED JUL 31 2003 CITY OF MERIDIAN CITY CLERK OFFIC, said greenbelt lot is noted as Lot 24 on the Plat.) 3. Revise the plat to correctly show the NMID easement along the South Slough. Applicant shall verifY the location of the easement in relation to the proposed lots. Revise the lot lines if necessary or submit an encroachment agreement for any area of encroachment. Back lot lines shall be at the easement or encroachment line. 4. Ordinance 12-13-15-3 requires a landscape strip of at least five feet wide on both sides of the proposed micropaths. Applicant shall modify the micropaths to allow at least 5 feet between the path surface and any adjacent fence. 5. Ordinance 12-13-15-4 requires at least 1 tree per 35 lineal feet adjacent to all micropaths. Revise the landscape plan to meet this requirement. 6. Four-foot solid wood fencing is approved as proposed adjacent to the South Slough Pathway. Similar fencing is required adjacent to all micropaths in the subdivision and is the responsibil i ty of the developer per Ordinance 12-13-15-9. Add a note to the plat detailing the fence height restrictions for all affected lots. Submit a revised fencing plan with the final plat. 7. All areas being counted toward the 5% open space requirement shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 8. Submit up-to-date groundwater monitoring report to the Public Works Department for review. The report submitted with the application only identifies the groundwater elevation on the day the test holes were dug. No monitoring ports were installed for on going monitoring of the groundwater elevation. The initial study indicates that shallow groundwater will be a factor. All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 OO-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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CLEARBROOK ESTATES SUBDNISION 1 (pP-03-007) PAGE 5 OF 12 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 of3-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. 9. Revise note #1 to name all common lots in the subdivision to be owned and maintained by the homeowners association, including Lots 1, 6, 13, 21, and 22, Block 1; Lot 1, Block 3; and Lot 1, Block 4. 10. Sanitary sewer service to this site shall be via main line extensions from mains installed adjacent to the property. 11. Domestic water service to this site shall be via main line extensions from mains installed adjacent to the property. 12. The applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Nampa & Meridian Irrigation District. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single"'point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 13. All grading ofthe site shall be performed in conformance with MCC 11-12-3H. 14. Sidewalks shall be installed within the subdivision and on the perimeter ofthe subdivision pursuant to MCC 12-13-10-8. 15. Submit with the final plat application a copy of the Ada County Street Name Committee1s approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 16. Coordinate fire hydrant placement with the City of Meridian Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CLEARBROOK ESTATES SUBDMSION 1 (pP-03-007) PAGE 6 OF 12 17. 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 subdividerts 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. 18. 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 mitigated. 19. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 20. All stormwater retention ponds shall either drain to the South Slough or have signage stating: Danger, play at your own risk-or words to that effect. 21. This development shall be subject to sanitary sewer latecomers fees to reimburse those responsible for bringing sanitary sewer service to this area. The latecomers fees shall be due and payable prior to City of Meridian endorsement on the final plat map. The current fee is $283.15 per dwelling unit. This fee is adjusted annually on October 1 st, at a rate of 4.0% per annum. 22. Applicant shall submit 10 copies of an approved revised plat and landscape/fencing plans on this application. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Construct Clearbrook Court intersecting Meridian Road approximately 310-feet north of the intersection of West Claire Lane. This location meets District policy to align or offset a minimum of300-feet and shall be approved with this application. 2. Construct Clearbrook Court as a 36-feet street section with curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way as proposed. This street section meets District policy and shall be approved with this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CLEARBROOK ESTATES SUBDIVISION 1 (pP-03-007) PAGE 7 OF 12 3. Construct an ACHD approved turnaround at the terminus of Clearbrook Court and provide a sign at the tenninus of the roadway stating that, llTHIS ROAD WILL BE EXTENDED IN THE FUTURE". Submit a design of the turnaround for review and approval by District staff. 4. Construct Northwest 3rd Avenue as a 29-feet street section with curb, gutter and 5-foot concrete sidewalk within 42-feet of right-of-way. Policy restricts parking on reduced street sections and shall be signed accordingly. 5. Replace unused curb cuts on Meridian Road with standard curb, gutter and concrete sidewalk to match existing improvements. 6. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 7. Other than the access point specifically approved with this application, direct lot or parcel access to Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 8. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CLEARBROOK ESTATES SUBDIVISION I (pP-03-007) PAGE 8 OF 12 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. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CLEARBROOK ESTATES SUBDIVISION 1 (PP-03-007) PAGE 9 OF 12 1. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 4. All radii shall be 28' inside and 48' outside radius. 5. According to a report completed by Fire & Emergency Services Consulting Group in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 201 0, this is up from 2069 responses in the year 2000. 6. 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. D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application, All storm drainage must be retained on site. All laterals and wasteways must be protected. The developer must comply with Idaho Code 31-3805. The District's Finch Lateral courses along the south boundary of the proposed project, any encroachments on the easement ofthe Finch Lateral without approved plans and a signed License Agreement is unacceptable. The District also recommends that irrigation be provided. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CLEARBROOK ESTATES SUBDIVISION 1 (pP-03-007) PAGE 10 OF 12 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. The pathway is acceptable as proposed. The City agrees to maintain the pathway at such time as the pathway connects from Meridian Road to Linder Road. The pathway is to be constructed to the recommended pathway standards. 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 ofthe City of Meridian, pursuant to Idaho Code 9 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CLEARBROOK ESTATES SUBDNISION 1 (pP-03-007) PAGE 11 OF 12 day of By action of the City Council at its regular meeting held on the Je..L) Ie no..- I;u,.-v , 2003. , .J 3 r~ ROLL CALL COUNCILMAN BIRD VOTED~ COUNCILWOMAN deWEERD VOTED~ COUNCILWOMAN McCANDLESS VOTED~ COUNCILMAN NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) - VOTED Attest: SEAL William G. Berg, Jr., Cit Clerk % ~ r!? f ... Q ,\q; , ~,,^ vSr 15'" . ~o $' \,\\\\11111/11//1 -;. V \.... \\ ~ /11 Copy served upon Applicant, The Pl-;a.,t?tf.a a 1. $!)artment, Public WA,m.'6 of rIiER/,;,II/I/ ~'l,.uu@OU!\' ,....,( \\' ,,,,,,~ Vin -/ Department and City Attorney. 11111/1 P4 I ' \\\\\\ ~y c} o~f'O~~ ~11--"'~ /11/1/1 11\11\\ ~ _,0 ''''l~ -:::. ::: ~ :0 ~ , - , - - - - - Dated: 9' ~ .J 0 - tJ '] - SEAL u r!?::; ~ - Q(,..< ,,~o :::- ~ '0 'Sr 151 ' .:f.f ~... ...., ~tf <$' Z:\Work\M\Meridian\Meridian 15360MlClearbl'Ook Estates Sub PP-03-007 VAR-03-012 Denial ofPP and VAR\FIdl:;l;:dQliPmah-'{ ~ \", P 09 16 III l\fl . \\\ P 03.doc /1//11111111\1\'\\ ByJ~;pfb;,( 9- City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CLEARBROOK ESTATES SUBDIVISION 1 (pP-03-007) PAGE 12 OF 12 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF RK ) DEVELOPMENT, LLC,FOR A ) VARIANCE TO BLOCK LENGTH ) REQUIREMENTS FOR A BLOCK ON ) THE SOUTH SIDE OF ) CLEARBROOKSTREETFOR ) CLEARBROOK ESTATES ) SUBDIVISION, LOCATED ON THE ) WEST SIDE OFN. MERIDIAN ) ROAD, 1/3 MILE SOUTH OF W. ) USTICK ROAD, MERIDIAN, IDAHO ) C/C 09/09/03 V AR-03-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on September 9,2003, and Anna Powell Planning Director for the Planning and Zoning Department, and Richard Cook, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE / V AR-03-0 12 CLEARBROOK ESTATES SUBDIVISION PAGE 1 OF 8 Resolution No. 02-382 and Maps. 2. The requirements ofIdaho Code SS 67-6509,6516 and Meridian City Code SS 11-15- 5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is RK Development, LLC. 4. The owner of record of the subject property is Donald McCord of Lexington, Kentucky, and he has provided consent for submission of the application. 5. The location of the subject property is presently located on the west side of N. Meridian Road, approximately 1/3 mile south ofW. Ustick Road, Meridian, Idaho within a present R -4 zone. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description and Vicinity Map appear in the record of proceeds of this matter, and which are on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as R-4, and which subject property is presently vacant land with a single residence. 8. The proposed land use of subject property is to develop the subject property in the following manner: 36 single family lots with 11 other lots on 11.65 acres. 9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The applicant, RK Development, LLC, has requested a variance from Section 12-4-5 of the MCC, which prohibits residential block lengths from exceeding 1,000 feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE 1 V AR-03-0 12 CLEARBROOK ESTATES SUBDIVISION PAGE20F 8 11. The Applicant seeks a variance of the following provision of the Meridian City Code, SI2-4-5, BLOCKS, and in the R-4 zone if granted the re-zone, which provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers oflots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500) nor more than one thousand feet (1,000') in length. 12. Block 1 of the proposed Clearbrook Estates Subdivision exceeds the 1,000-foot maximum block length. The applicant has given the following reasons for the variance request: 1. The hardship that exits with this property that prohibits the applicant from comply with the ordinance is a result of the adjacent development not having stubbed to this property when it was developed. 2. The applicant has provided three micropath connections to the pathway along the South Slough in an effort to reduce the impact of the long block and cul-de-sac lengths. 13. The existing development adjacent to the proposed Clearbrook Estates Subdivision to the south did not stub to this property at the time of development, and therefore, requiring the applicant to construct a stub street to the south that would not lead anywhere and thereby making strict application ofthe provisions ofthis Title impracticable and unreasonable. 14. As noted in number 13 above, it is found that strict compliance with the City's block length ordinance would not be of benefit to the City, the surrounding property owners or the applicant. Based on existing circumstances that were not a result ofthe applicant's action, it is found that strict compliance to the MCC 12-4-5 would be unreasonable and would not result in inhibiting FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-0 12 CLEARBROOK ESTATES SUBDIVISION PAGE 3 OF 8 the objectives of the MCC. 15. It is not anticipated that the variance will be detrimental to the public's welfare or injurious to other properties in the area. 16. It is found that the issuance ofa variance to the 1,000-foot maximum block length for Block 1 in the proposed Clearbrook Estates Subdivision will not have the effect of altering the purpose and interest of the Zoning Ordinance. 17. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 18. The variance would not constitute any special privilege for the property owner that could not be sought by owners of other land in the same situation, and the request does not conflict with any provisions of the Comprehensive Plan. 19. The applicant paid the fee established by the City Council for application variance. 20. The applicant shall be required to comply with all the conditions and requirements of the corresponding application, Preliminary Plat - PP-03-007, as well as the following conditions or requirements of the following entities: 1. The Nampa & Meridian Irrigation District's Finch Lateral courses along the southern boundary with a recorded easement of eighty feet, forty feet each side. The District allows no pathways on its laterals unless they have been piped and have a License Agreement in place. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE 1 V AR-03-012 CLEARBROOK ESTATES SUBDNISION PAGE 4 OF 8 CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment ofthe Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions ofIdaho Code ~ 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority ofIdaho Code ~ 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code ~ II-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code 967-6509,6516 and Meridian City Code 99 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code 9 11-18-2, and the findings which are required are set forth in Meridian City Code ~ 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE 1 V AR-03-012 CLEARBROOK ESTATES SUBDNISION PAGE 5 OF 8 which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, ~ 12-4-5, BLOCKS, and in the R-4 zone, if granted the re-zone, provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers oflots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance from the 1,000 foot minimum block length requirement for Blocks 1 ofthe proposed Clearbrook Estates Subdivision to exceed the 1,000' maximum block length in the R-4 zone. Additionally, the applicant shall be required to comply with all the conditions and requirements of the corresponding application, Preliminary Plat - PP-03-007, as well as the following conditions or requirements of the following entities: 1. The Nampa & Meridian Irrigation District's Finch Lateral courses along the southern boundary with a recorded easement of eighty feet, forty feet each side. The District allows no pathways on its laterals unless they have been piped and have a License Agreement in place. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE 1 V AR-03-012 CLEARBROOK ESTATES SUBDIVISION PAGE 6 OF 8 Meridian. Pursuant to Idaho Code Section 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the Block Requirements in the R-4 Zone as provided in the Section 12- 4-5 and may within twenty-eight (28) days after the date of this decision and order seek 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 23 rcL day of Jej/ tenv6-t~ ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED ~CL- COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED *"L- (j COUNCILMAN WM. L. M. NARY VOTED-$L- MAYOR ROBERT D. CORRIE (TIE BREAKER)a /) --? /7'2 DATED: 1- Lr ;; - v..::; VOTED - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE 1 V AR-03-0 12 CLEARBROOK ESTATES SUBDNISION PAGE 7 OF 8 i l... MOTION: APPROVED: /< DISAPPROVED: RF~ J:;,1" , I,;I"J'. ~__.... .i.'i...di.....-i 7. fJ ~ {I-' 0 2 -: "7'0 USr IS'\" . ~.:;::..? ..~~ ':<1 \<;'j'?' ,.:;- . //(1 00" T-..{. ." ,\,... , Copy served upon Apphcant, the Plannlng/p.R-~Moq.1Rgd~)epartment, Pubhc Works Department, . dlilll'.l\ 1\111111/11 and the CIty Attorney office. \\\\\\\OF M€ff(1111 ",\'::\"t ' -IYI.o/I/// ~ a '"-</. (,. :f cpf{POlY~ h ~ (,.~ .': ~ Co-S ~ ~ Dated: 0/- Z- ~ "'~.5 t SEAL ~ - "'<:::, r--.<>] ~ . ~ ~ Qu ....OJ'' .::- -:;. q,., '&r 1s1 . ;;p.; ..-;....... --, t-........ ,..... ". a ~,- " /;'1111 OUl\jT'{ . '\ \,\\ 'IIJ . 1\\\\ z:\ Work\M\Meridian\Meridian [5360MlClearbrook Estates Sub PP-03-007 V AR-03-0 [2 Denial of PP and V AR\FfCIsGra::ttV8Ha\1M.'d6~ Attest: By;Jl4<<.-_'~~ ~. City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE 1 V AR-03-0 12 CLEARBROOK ESTATES SUBDNISION PAGE 8 OF 8 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/16/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A DENTAL ) CLINIC WITHIN RESOLUTION ) SUBDIVISION ON LOT 2, BLOCK 1 ) FOR SEEGMILLER DENTAL ) CLINIC IN AN L-O ZONE, ) LOCATED AT 2201 E. GALA ) STREET WHICH IS ON THE ) SOUTH SIDE OF OVERLAND ) ROAD, APPROXIMATELY ~ MILE ) EAST OF LOCUST GROVE ROAD, ) MERIDIAN, IDAHO ) ) DR. DAVID SEEGMILLER, ) APPLICANT ) Case No. CUP-03-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on September 16,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Aooa Powell Planning Director for the Planning and Zoning Department, and Larry Knopp, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 15 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use pennit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 16, 2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 16,2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an L-O zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 2201 E. Gala Street which is on the south side of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 15 Overland Road, approximately Y2 mile east of Locust Grove Road within Resolution Subdivision on Lot 2, Block l, Meridian, Idaho, and the parcel is contiguous to existing city limits. 5. The owners of record ofthe subject property are Robert C. Gaudry, P.C. and David E. Seegmiller. 6. Applicant is David Seegmiller. 7. The subject property is currently zoned L-O. The zoning district of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a new dental clinic in a proposed L-O zone. The Resolution Business Park Subdivision Planned Development was conceptually approved without specific uses in 1999 and required a CP be obtained for all future, detailed uses. 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Commercial. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 15 following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.8. 2. All parking stalls shall be designed per Ordinance 11-13-4. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. 3. Applicant shall revise the Site Plan (Sheet AI) to provide a minimum 5-foot wide sidewalk stub to the south property line in the general vicinity ofthe trash enclosure and submit a copy of a recorded pedestrian cross-access easement with Lot 3, Block 1 of Resolution Subdivision prior to applying for a Certificate of Zoning Compliance. 4. The Landscape Plan (Sheet L1, dated April 28, 2003) shall be revised as follows: a. Per Ordinance 12-13-11-2.B. & C, add a minimum of three (3) new trees to the south landscape strip. (Applicant should note that some ofthe street trees on E. Gala or trees east of the building could be relocated to meet this requirement.) Ifa cross access easement is required to Lot 3, Block I, these trees shall be spaced to allow a minimum 25-foot wide access drive to be constructed. b. Revise the Plant Material Legend to include the street trees labeled as CS, GL and RC. c. Revise the Plant Material Legend to increase the size of the Vanerwolfto a min. 6' - T and increase the size of the Gaiety and Daylilly shrubs to min. 2 gallon size. 5. Sanitary sewer and water service shall be from new service lines to be installed as part of the re-subdivision of the property. 6. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 7. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 15 City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Signs shall conform to the character of sign submitted with the application, with a 13' -6" maximum overall height. 8. All construction and site improvements shall confonn to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 9. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. 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. AU 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 C. Adopt the Recommendations of the Ada County Highway District as follows: 1. Comply with the conditions of MPFP03-002, Gaudry Seegmiller Subdivision, as approved on April 29, 2003 by the Ada County Highway District Commission. (The Ada County Highway District report, dated May 27,2003, is attached hereto as Exhibit "A" and fully incorporated herein and consists of seven pages.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE50F15 D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. File for a Land Use Change/Site Development application for review prior to final platting, 2. All laterals and waste ways must be protected. 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. E. Adopt the Recommendations of Sanitary Service as follows: 1. If waste dumpsters are to be utilized for this facility, the enclosure is too small. F. Adopt the action ofthe City Council taken at their September 16, 2003 meeting as follows: 1. The applicant submitted a revised Plat, dated September 10,2003, and said approved Plat provides the temporary emergency access on the south boundary. 13, It is found that the subject property is large enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. Some site modifications will need to be made to the landscaping plan in order to be in compliance with the MCC, as detailed under Site Specific Conditions of the staff report. 14. The current Comprehensive Plan Land Use Map designates the property as "Commercial" and is currently zoned L-O. It is found that the requested use is in compliance with the approved Future Land Use Map and that if approved as a CUP the project will be in compliance with the MCC. 15. It is found that the proposed development will not adversely change the existing or intended character of the general vicinity. 16. It is not anticipated that the proposed use will adversely affect adjacent properties. 17. It is found that the proposed development can be adequately served by the essential public facilities and services, including: streets, police and fire protection, drainage FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE60F15 structures, refuse disposal, water and sewer. 18. It is found that the proposed dental clinic use will not be detrimental to the economic welfare ofthe community, nor would it create the need for any new facilities or services to be paid for by the public. 19. It is found that no excessive traffic, smoke, fumes, glare or odors will result from the proposed dental office use. 20. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. Review of the ACHD report for this project will provide additional detail infonnation. 21. It is not found that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.c. g67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 15 provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code ~ 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character ofthe same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production oftraffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 15 5. Prior to granting a conditional use permit in the L-O zone a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries ofthe land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11- 17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17:'6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 15 E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a new dental clinic in the L-O zone located at 2201 E. Gala Street which is on the south side of Overland Road, approximately Y2 mile east of Locust Grove Road within Resolution Subdivision on Lot 2, Block 1, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. This conditional use permit shan be subject to the expiration provisions set forth in MCC 11-17-4.8. 2. All parking stalls shall be designed per Ordinance 11-13-4. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. 3. Applicant shan revise the Site Plan (Sheet AI) to provide a minimum 5-foot wide FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 15 sidewalk stub to the south property line in the general vicinity of the trash enclosure and submit a copy of "a i"ecorded pedestrian cross-access easement with Lot 3, Block 1 of Resolution Subdivision prior to applying for a Certificate of Zoning Compliance. 4. The Landscape Plan (Sheet L1, dated April 28, 2003) shall be revised as follows: a. Per Ordinance 12-13-1l-2.B. & C, add a minimum ofthree (3) new trees to the south landscape strip. (Applicant should note that some ofthe street trees on E. Gala or trees east of the building could be relocated to meet this requirement.) If a cross access easement is required to Lot 3, Block 1, these trees shall be spaced to allow a minimum 25-foot wide access drive to be constructed. b. Revise the Plant Material Legend to include the street trees labeled as CS, GL and RC. c. Revise the Plant Material Legend to increase the size of the Vanerwolfto a min. 6' - 7' and increase the size ofthe Gaiety and Daylilly shrubs to min. 2 gallon Size. 5. Sanitary sewer and water service shall be from new service lines to be installed as part of the re-subdivision of the property. 6. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 7. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Signs shall conform to the character of sign submitted with the application, with a 13' -6" maximum overall height. 8. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 9. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stonn water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 15 of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% ofthe cost ofthe required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow per the Unifonn Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. 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 C. Adopt the Recommendations of the Ada County Highway District as follows: 1. Comply with the conditions of MPFP03-002, Gaudry Seegmiller Subdivision, as approved on April 29, 2003 by the Ada County Highway District Commission. (The Ada County Highway District report, dated May 27, 2003, is attached hereto as Exhibit "A" and fully incorporated herein and consists of seven pages.) D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. File for a Land Use Change/Site Development application for review prior to final platting. 2. All laterals and waste ways must be protected. 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. E. Adopt the Recommendations of Sanitary Service as follows: 1. If waste dumpsters are to be utilized for this facility, the enclosure is too small. F. Adopt the action of the City Council taken at their September 16,2003 meeting as follows: 1. The applicant submitted a revised Plat, dated September 10,2003, and said approved Plat provides the temporary emergency access on the south boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 15 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~ ll~17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of pennanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 15 the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval ofthe future phases shall be null and void. (MCC 11-17- 4.B.) 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 ldaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2:3~ day of =o//eIP"U-v , 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED ~ COUNCILWOMAN TAMMY deWEERD VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 15 COUNCILWOMAN CHERIE Me CANDLESS VOTED~~ COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 9-&-3--0.3 -- VOTED MOTION: V APPROVED:~ DISAPPROVED: Attest: ~ - ~ 2 -..-/ <:)... ~ <./0. ~) $ ~ "7A vSr lS\ . ..p S- o;. '-'1! ~- ~ Copy served upon Applicant, Planning ak"d,k,{;'l,~", D~~ilt, Public Works 11~~\"'1 \\\ Department and the City Attorney. IIIIIIIIl IIn\\\\ ByJ~4-c~,~ City Clerk Dated: 'J-J3~t3 ~ ~&. OJ 2 --;:. -'V Q~ "\C). 2 -::-;;. '0 LB'lS1". ...0 $ 'l. .hI t;~ $' '/ t"':,,,, \\), ,'" /...", ""0!J\\'T"f , \\' 'lIt i J. l , \\\\ J1i111IJlll\l\\\\\ z:\ Work\M\Meridian\Meridian I 5360M:\SeegmjJjer Dental CUP-03-024\FfCts CUP.03-024.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 15 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/16/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A DENTAL ) CLINIC WITHIN RESOLUTION ) SUBDIVISION ON LOT 2, BLOCK 1 ) FOR SEEGMILLER DENTAL ) CLINIC IN AN L-O ZONE, ) LOCATED AT 2201 E. GALA ) STREET WHICH IS ON THE ) SOUTH SIDE OF OVERLAND ) ROAD, APPROXIMA TEL Y 12 MILE ) EAST OF LOCUST GROVE ROAD, ) MERIDIAN, IDAHO ) ) DR. DAVID SEEGMILLER, ) ) APPLICANT ) ) Case No. CUP-03-024 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on September 16, 2003, under the provisions of Meridian City Code ~ 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a new dental clinic in the L-O zone located at 2201 E. Gala Street which is on the south side of Overland Road, approximately ~ mile east of Locust Grove Road within Resolution Subdivision on Lot 2, Block 1, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-03-024) PAGElOF6 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. 2. All parking stalls shall be designed per Ordinance 11-13-4. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. 3. Applicant shall revise the Site Plan (Sheet AI) to provide a minimum 5-foot wide sidewalk stub to the south property line in the general vicinity of the trash enclosure and submit a copy of a recorded pedestrian cross-access easement with Lot 3, Block 1 of Resolution Subdivision prior to applying for a Certificate of Zoning Compliance. 4. The Landscape Plan (Sheet Ll, dated April 28, 2003) shall be revised as follows: a. Per Ordinance 12-13-11-2.B. & C, add a minimum of three (3) new trees to the south landscape strip. (Applicant should note that some of the street trees on E. Gala or trees east of the building could be relocated to meet this requirement.) If a cross access easement is required to Lot 3, Block 1, these trees shall be spaced to allow a minimum 25-foot wide access drive to be constructed. b. Revise the Plant Material Legend to include the street trees labeled as CS, GL and RC. c. Revise the Plant Material Legend to increase the size ofthe Vanerwolfto a min. 6' -7' and increase the size of the Gaiety and Daylilly shrubs to min. 2 gallon size. 5. Sanitary sewer and water service shall be from new service lines to be installed as part of the re-subdivision of the property. 6. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Signs shall conform to the character of sign submitted with the application, with a 13' -6" maximum overall height. 8. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. ORDER CONDITIONAL USE PERMIT (CUP-03-024) PAGE20F6 f 9. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. 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 C. Adopt the Recommendations of the Ada County Highway District as follows: 1. Comply with the conditions of MPFP03-002, Gaudry Seegmiller Subdivision, as approved on April 29, 2003 by the Ada County Highway District Commission. (The Ada County Highway District report, dated May 27,2003, is attached hereto as Exhibit "An and fully incorporated herein and consists of seven pages.) D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. File for a Land Use Change/Site Development application for review prior to final platting. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. ORDER CONDITIONAL USE PERMIT (CUP-03-024) PAGE 3 OF 6 4. The developer must comply with Idaho Code 31-3805. E. Adopt the Recommendations of Sanitary Service as follows: 1. Ifwaste dumpsters are to be utilized for this facility, the enclosure is too small. F. Adopt the action of the City Council taken at their September 16,2003 meeting as follows: I. The applicant submitted a revised Plat, dated September 10,2003, and said approved Plat provides the temporary emergency access on the south boundary. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application for a conditional use pennit. 4. Notice to Permit Holder, this conditional use pennit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. NOTICE OF .EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an ORDER CONDITIONAL USE PERMIT (CUP-03-024) PAGE 4 OF6 application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) 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. ORDER CONDITIONAL USE PERMIT (CUP-03-024) PAGES OF6 By action of the City Council at its regular meeting held on the ..2-:3[!{; day of ~j:J~.~ F , 2003. Attest: ~~fMefidian 'TOvm~ cLc w{e.("cl t~~ COWv1.0.l y(t~c~V\.>*: S~~AL ~ ('f'J.... (1':; 0/:: -- - ~;' , '\ 0.... ~ ~ v's.,. lsi . ~.f ~ ~a ",0"?' ,,,' ....1 01. -.r-V \v ,'" /111 uN l l' "" 1IIIlfflJIIU\\\\\\\\ Copy served upon Applicant, the Planning and Zonmg Department, Public Works Department and City Attorney. By:dI~A~.9- City Clerk Dated: r-- 2- J.... CJ j Z:\ W ork\M\Meridian\Meridian I 5360M\Seegmi lieI' DenIal CUP-03-024\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-024) PAGE 6 OF 6 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/16/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A USED CAR ) LOT AND MORTGAGE OFFICE IN ) A C-G ZONE, LOCATED AT 1065 E. ) FAIRVIEW AVENUE, MERIDIAN, ) IDAHO ) ) O.P.M. ENTERPRISES, INC., ) APPLICANT ) ) Case No. CUP-03-037 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on September 16, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Justin Walker, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 16, 2003, before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 20 the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 16,2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-G zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 1065 E. Fairview Avenue, Meridian, Idaho, and the parcel is contiguous to existing city limits. 5. The owner of record of the subject property is Marshall Ogden. 6. Applicant is O.P.M. Enterprises, Inc. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 20 within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a used car lot and mortgage office in a C-G zone. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1.) 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Commercial. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. The City Council recognizes the concerns of Clarence and BernaDeanne Morgan, expressed in their letter dated July 24,2003. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed ,use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 20 City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Modify site-specific number 1 on page 4 to require the applicant to modify the parking plan to comply with the Meriidan City Code and the driveway entrances to comply with ACHD's request for a single driveway at the center of the property. 2. Modify site specific requirement number 4 on page 4 to require a 25' landscape buffer to be installed on the northern edge of the subject property and a 6' cedar fence to be installed on the southern edge of the property and depicted on the revised site plan. 3. Modify site specific requirement number 13, page 5, second sentence to change the word "designer" to "applicant" and the fourth sentence to read "The applicant shall connect to water services prior to any use on the property." 4. Add a site specific requirement number 15 requiring that all wells on the subject property be abandoned. (Note: Existing wells may be used for irrigation only, and not abandoned, if the wells are completely disconnected from the potable water system in the existing buildings. The disconnection must be physically inspected by the Water Department before the structures can be connected to the City water system.) 5. Add a site specific requirement number 16 requiring the applicant to tile the ditch on the subject property. 6. Add a site specific requirement number 17 requiring applicant to revise the Site Plan with all required revisions to the Site Plan and also a Landscape Plan and an application for alternative compliance to the landscaping requirements which shall be submitted ten days prior to the City Council hearing. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. All parking and areas of circulation shall be improved with a hard surface in accordance with MCC 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan, ADA and MCC 11-13-4.F. 2. Four percent (4%) ofthe proposed parking lot must be landscaped. This landscaping must be depicted on the revised landscaping plan. 3. A van-accessible handicapped parking spot meeting ADA requirements must be included in the proposed parking lot and depicted on the revised site plan. 4. A 25' landscape buffer must be installed on the southern and northern edges of the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 20 property and depicted on the revised site plans. 5. Ten parking spaces must be dedicated to customers of the used car lot and mortgage business. The parking spaces can be located in either the proposed parking lot or the existing parking lot. 6. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All sign age is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 8. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act. 9. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 12. As part of a conditional use permit, the City of Meridian may impose additional restri ctions/ condi tions. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 20 13. Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department anew site plan showing existing and proposed utility mains and service connection. Sanitary sewer service is not available to the site at this time. The applicant shall connect to all essential city services, prior to any use on the property. Sewer is currently not available to this site. Applicant shall be required to connect this existing structure to the sanitary sewer system when it becomes available from the south. Expansion of the existing structure or new construction on the subject property will not be allowed unless sanitary sewer is brought to the site by the applicant. 14. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. C. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation a total of 60-feet of right-of-way from centerline along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 41- feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct a 25-foot wide driveway that intersects Fairview Avenue approximately 85-feet east of the west property line, as proposed. Construct the driveway as a curb return type driveway and pave the driveway its full width 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. 3. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 20 Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 20 the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use ofthe property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of Central District Health Department as follows: 1. Central District Health has no objections to the proposal. E. Adopt the Recommendations of the Nampa-Meridian Irrigation District as follows: 1. 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 the Meridian Fire Department as follows: 1. That a fire flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. Provide one fire hydrant within 350' ofthe proposed project. Show all fire hydrants within 500' of the project. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 4. All fire lanes shall have an unobstructed width of20'. UFC 902.2.1 G. Adopt the action of the City Council taken at their September 16, 2003 meeting as follows: 1. The Council takes into record and approves the applicant's memo dated September 16, 2003,which is on file in the Meridian City Clerk's office, 33 East Idaho Street, Meridian, Idaho, wherein the applicant submitted a Site Plan dated September 8, 2003 and a Landscape Plan showing a revision date of September 16,2003, which both documents are approved. Also noted within the memo, the applicant is unable to comply with a landscape buffer along the west side of the property due to the existing building being too close to the property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 20 14. It is found that the MCC requires 1 parking space for each 200 square feet of floor area for the proposed mortgage office and requires that the one third of the parking lot for auto sales be dedicated to customer parking. The applicant will be required to provide five dedicated spaces for customers of the auto sales lot and five spaces for customers of the mortgage office. The applicant must also include a handicap parking space which will be van accessible per ADA requirements. The MCC's landscape ordinance requires that at least 4% of the proposed parking lot be landscaped. The applicant did submit on September 16,2003 a memo with a Site Plan dated September 8, 2003, and a Landscape Plan showing a revision date of September 16,2003. 15. The current Comprehensive Plan Land Use Map designates the property as "Commerical" and is currently zoned C-G. The proposed use is harmonious with the Comprehensive Plan. It is further found that the proposed use is in compliance with the Meridian City Code. 16. It is found that the proposed use will be compatible with the other commercial uses found on Fairview A venue in the general vicinity of the subject property. The property to the north and to the west of the subject property is zoned for commercial use and there are many commercial uses found on Fairview Avenue. 17. It is not anticipated that the proposed uses will have an adverse affect on the other property in the vicinity due to the existing traffic conditions in the subject area and the potential for the proposed application to add to existing traffic problems. 18. It is found that the proposed development can be adequately served by the essential public facilities and services, including: streets, police and fire protection, drainage structures, refuse disposal, and water, with the exception of sanitary sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 20 19. It is found that the proposed use will not create additional requirements at public cost for public facilities and service and will not be detrimental to the economic welfare of the community. 20. It is not anticipated that the proposed use will not be detrimental to any persons, property, or the general welfare. 21. It is found that the proposed use will not create interference with traffic on the surrounding public streets. 22. It is not found that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code, 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 20 adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code ~ 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the C-G zone a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration . . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF20 for the conditional use permit all in accordance with the provisions of Meridian City Code S 11- 17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 20 Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a used car lot and mortgage office in the C-G zone located at 1065 E. Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. ModifY site-specific number 1 on page 4 to require the applicant to modifY the parking plan to comply with the Meriidan City Code and the driveway entrances to comply with ACHD's request for a single driveway at the center of the property. 2. ModifY site specific requirement number 4 on page 4 to require a 25' landscape buffer to be installed on the northern edge of the subject property and a 6' cedar fence to be installed on the southern edge of the property and depicted on the revised site plan. 3. Modify site specific requirement number 13, page 5, second sentence to change the word "designer" to "applicant" and the fourth sentence to read "The applicant shall connect to water services prior to any use on the property." 4. Add a site specific requirement number 15 requiring that all wells on the subject property be abandoned. (Note: Existing wells may be used for irrigation only, and not abandoned, if the wells are completely disconnected from the potable water system in the existing buildings. The disconnection must be physically inspected by the Water Department before the structures can be connected to the City water system.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 20 5. Add a site specific requirement number 16 requiring the applicant to tile the ditch on the subject property. 6. Add a site specific requirement number 17 requiring applicant to revise the Site Plan with all required revisions to the Site Plan and also a Landscape Plan and an application for alternative compliance to the landscaping requirements which shall be submitted ten days prior to the City Council hearing. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. All parking and areas of circulation shall be improved with a hard surface in accordance with MCC 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan, ADA and MCC 11-13-4.F. 2. Four percent (4%) ofthe proposed parking lot must be landscaped. This landscaping must be depicted on the revised landscaping plan. 3. A van-accessible handicapped parking spot meeting ADA requirements must be included in the proposed parking lot and depicted on the revised site plan. 4. A 25' landscape buffer must be installed on the southern and northern edges ofthe subject property and depicted on the revised site plans. 5. Ten parking spaces must be dedi cated to customers of the used car lot and mortgage business. The parking spaces can be located in either the proposed parking lot or the existing parking lot. 6. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shan require separate pennits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 8. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 9, A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 20 Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certi ficate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 12. As part of a conditional use permit, the City of Meridian may Impose additional restrictions/ condi tions. 13. Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing existing and proposed utility mains and service connection. Sanitary sewer service is not available to the site at this time. The applicant shall connect to all essential city services, prior to any use on the property. Sewer is currently not available to this site. Applicant shall be required to connect this existing structure to the sanitary sewer system when it becomes available from the south. Expansion of the existing structure or new construction on the subject property will not be allowed unless sanitary sewer is brought to the site by the applicant. 14. A Certificate of Zoning Compliance and a Building Pennit shall be obtained prior to the start of construction. C. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation a total of 60-feet of right-of-way from centerline along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 20 sidewalk along Fairview Avenue, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct a 25-foot wide driveway that intersects Fairview Avenue approximately 85-feet east of the west property line, as proposed. Construct the driveway as a curb return type driveway and pave the driveway its full width 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. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Avvroval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387- 6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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 shan be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 20 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of Central District Health Department as follows: 1. Central District Health has no objections to the proposal. E. Adopt the Recommendations of the Nampa-Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 2. SThe developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. Provide one fire hydrant within 350' ofthe proposed project. Show all fire hydrants within 500' of the project. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All radii shall be 28' inside and 48' outside radius for aU entrances and internal roads. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF20 4. All fire lanes shall have an unobstructed width of20'. UFC 902.2.1 G. Adopt the action of the City Council taken at their September 16, 2003 meeting as follows: L The Council takes into record and approves the applicant's memo dated September 16, 2003,which is on file in the Meridian City Clerk's office, 33 East Idaho Street, Meridian, Idaho, wherein the applicant submitted a Site Plan dated September 8, 2003 and a Landscape Plan showing a revision date of September 16,2003, which both documents are approved. Also noted within the memo, the applicant is unable to comply with a landscape buffer along the west side of the property due to the existing building being too close to the property line. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~ 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Pennit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building pennits and commence construction of permanent footings or structures on or in the ground, In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 20 completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shaH be null and void. (MCC 11-17- 4.B.) 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 ofthe governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 20 and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the .2 3r;> day of Jb//~iwu ,2003. , ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Me CANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: f--:t---; -{l3 - VOTED MOTION: V APPROVED:~ DISAPPROVED: Attest: de-w~ &~ Prt:J;,~ PJ ~ William G. Berg, Jr., Cit Clerk ~ ~Gov" ~a ,.p [" ~ C> ",r lSi . :'(." $' '-;. AI f)~ ,v Copy served upon Applicant, Plannid'g,~cP~brullg Q'e.p~rtment, Public Works Department and the City Attorney. /1/1111111111\\\\ \\\\\\1111111111/1, \\\ 0':: -, 'J:: -1,/ ,,\ _I ,1'.:!-_F?,1', 11/ .....,.... ~""'\ ~~.{.F:~<.1 ...:.;., ....' r":. ~PU-'f' .', [/1 'l " tV rOt'.. co{ >."', . '" ~ :: ~v ' ?'.". \ -::. ~ "":: '0 ~ E ~ 9-23 ,,-03 ~ ~ \ 'C:. 2 ~ ~ 0(>.. "0 ~ ~ ~ ~:;;It 13\ ' ~.$ .-;. ~. ...... t,' " -;. a ,\v' -\;:-' ...." OU(J, ,",.,' ',' //11 ,'J. ~ . \\\\\ 1/11i111l nUI"\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 20 B~~~~tJ ity Clerk Dated: Z:\Work\M\Meridian)Meridian 15360MlO.P.M. Enterprises CUP-03-037\FfCIs CUP-03-037.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/16/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A USED CAR ) LOT AND MORTGAGE OFFICE IN ) A C-G ZONE, LOCATED AT 1065 E, ) FAIRVIEW AVENUE, MERIDIAN, ) IDAHO ) ) O.P,M. ENTERPRISES, INC., ) ) ) APPLICANT ) ) Case No. CUP-03-037 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on September 16, 2003, under the provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a used car lot and mortgage office in s C-G zone located at 1065 E. Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-03-037) PAGE 1 OF9 A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Modify site-specific number I on page 4 to require the applicant to modify the parking plan to comply with the Meriidan City Code and the driveway entrances to comply with ACHD's request for a single driveway at the center of the property. 2. Modify site specific requirement number 4 on page 4 to require a 25' landscape buffer to be installed on the northern edge of the subject property and a 6' cedar fence to be installed on the southern edge of the property and depicted on the revised site plan. 3. Modify site specific requirement number 13, page 5, second sentence to change the word "designer" to "applicant" and the fourth sentence to read "The applicant shall connect to water services prior to any use on the property." 4. Add a site specific requirement number 15 requiring that all wells on the subject property be abandoned. (Note: Existing wells may be used for irrigation only, and not abandoned, if the wells are completely disconnected from the potable water system in the existing buildings. The disconnection must be physically inspected by the Water Department before the structures can be connected to the City water system.) 5. Add a site specific requirement number 16 requiring the applicant to tile the ditch on the subject property. 6. Add a site specific requirement number 17 requiring applicant to revise the Site Plan with all required revisions to the Site Plan and also a Landscape Plan and an application for alternative compliance to the landscaping requirements which shall be submitted ten days prior to the City Council hearing. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. All parking and areas of circulation shall be improved with a hard surface in accordance with MCC 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan, ADA and MCC 11-13-4.F. 2. Four percent (4%) of the proposed parking lot must be landscaped. This landscaping must be depicted on the revised landscaping plan. 3. A van-accessible handicapped parking spot meeting ADA requirements must be included in the proposed parking lot and depicted on the revised site plan. 4. A 25' landscape bufferlTIust be installed on the southern and northern edges of the subject ORDER CONDITIONAL USE PERMIT (CUP-03-037) PAGE 2 OF9 property and depicted on the revised site plans. 5. Ten parking spaces must be dedicated to customers of the used car lot and mortgage business. The parking spaces can be located in either the proposed parking lot or the existing parking lot. 6. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 7. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 8. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 9. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 12. As part of a conditional use permit, the City of Meridian may Impose additional ORDER CONDITIONAL USE PERMIT (CUP-03-037) PAGE 3 OF9 restrictionsl condi tions. 13. Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing existing and proposed utility mains and service connection. Sanitary sewer service is not available to the site at this time. The applicant shall connect to all essential city services, prior to any use on the property. Sewer is currently not available to this site. Applicant shall be required to connect this existing structure to the sanitary sewer system when it becomes available from the south. Expansion of the existing structure or new construction on the subject property will not be allowed unless sanitary sewer is brought to the site by the applicant. 14. A Certificate of Zoning Compliance and a Building Pennit shall be obtained prior to the start of construction. C. Adopt the Recommendations ofthe Ada County Highway District as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation a total of 60- feet of right-of-way from centerline along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 41-feet from the centerline ofthe right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct a 25-foot wide driveway that intersects Fairview Avenue approximately 85-feet east of the west property line, as proposed. Construct the driveway as a curb return type driveway and pave the driveway its full width 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. 3. Comply with all Standard Conditions of Approval. ORDER CONDITIONAL USE PERMIT (CUP-03-037) PAGE40F9 Standard Conditions of Aooroval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right~of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1 ~800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The 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 ORDER CONDITIONAL USE PERMIT (CUP-03-037) PAGE50F9 the applicant to obtain written confirmation of any change from the Ada County Highway Distri ct. 11. Any change by the applicant in the planned use ofthe property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of Central District Health Department as follows: 1. Central District Health has no objections to the proposal. E. Adopt the Recommendations of the Nampa-Meridian Irrigation District as follows: 1. 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 the Meridian Fire Department as follows: 1. That a fire flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. Provide one fire hydrant within 350' of the proposed project. Show all fire hydrants within 500' of the project. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 4. All fire lanes shall have an unobstructed width of20'. UFC 902.2.1 G. Adopt the action of the City Council taken at their September 16,2003 meeting as follows: 1. The Council takes into record and approves the applicant's memo dated September 16, 2003,which is on file in the Meridian City Clerk's office, 33 East Idaho Street, Meridian, Idaho, wherein the applicant submitted a Site Plan dated September 8, 2003 and a Landscape Plan showing a revision date of September 16, 2003, which both documents are approved. Also noted within the memo, the applicant is unable ORDER CONDITIONAL USE PERMIT (CUP-03-037) PAGE60F9 to comply with a landscape buffer along the west side of the property due to the existing building being too close to the property line. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to ORDER CONDITIONAL USE PERMIT (CUP-03-037) PAGE 7 OF9 ( the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) 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 ofthe governing body of the City of Meridian, pursuant to Idaho Code g 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. ORDER CONDITIONAL USE PERMIT (CUP-03-037) PAGES OF9 By action of the City Council at its regular meeting held on the :23 f~ day of Je;:?t~~ , ,2003, ByJ!dt.-.-;A-/Jv.r f City Clerk , J'q, 1?'1- (l.d:! ~ A/~ ,\~I\~1 t6YtJ,', I ~ ;:/re--i I~e~ \\\ Of ''M -f',P III ,,\ ....1 ..~~f)}. /1';- " ;:"\ ~ ______ ~:{./-1 'l .t (} O~PO~i ~", 'J/.; ~ 2' _...0 /(0\ ~ ~ ~ S = \ = - SlEA (0'; ) ~ 7. 0'/ ~ ~ &~ "r;.~-/ n ~ ~ ~ 'I..,1-G,o".,,- """~ / "c>..J ..... ~ t() ,,01 15\ '/ ,~~ ~ ~;'.I: ';<j ~------ ~0" ".......... "'I CO"~ ,-.-.j , ", II, Un'! ~ \ . \\' . IIILrl' "11\\\\ ,t\1,1I11111/l11 Copy served upon ApplIcant, the Planning and ZHnIng Department, Public W~{\~~\:;YP~2f:itl// and City Attorney. $'" ~"'" 0 'f' ,Zl4n"~ ~ CJ._o'f';, o.UI'~ ~ VI-:t3,C3 f ~v"0 J \ ::: \'"t:,.., /::: 'CA "Z;-'~''''r'/ / ,p :: (".~_t" ,,~~/ ~,;,(~ ..::-.... -<-~i' ["'\,,,,, Z' \"""\y~ .-,.............. "'~(.JUJ\fT...'( , ~ \\\\' \ \\' 1111 \ \ i ',1 Attest: Dated: Z:\Work\M\Melidian\Meridian I 5360MlO.P.M. Entelpnses CUP-03-037\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-037) PAGE90F9 ADA COUNTY RECOR"~!\ J. DAVID NAVARRO BOISE IDAHO 09J30{ 2:16 PM DEPUTY Kalny Ingranam RECORDED-REQUEST OF Meridian Cily AMOUNT .00 32 1111111111111111111111111111111111111 103165978 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian SJJV, LL.C., an Idaho Limited Liability Company, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreemenf'), is made and entered into this /61.6 day of,Je;rte Ih 6t-v , 2003, by and between CITY OF MERIDIAN, a municipal corporatIon ofthe State ofIdaho, hereafter called "CITY", and .'/ SJJV, L.LC., an Idaho Limited Liability Company, whose address is 4344 N. Nines Ridge Lane, Boise, Idaho 83702, hereinafter called "OWNER/DEVELOPER". 1. RECIT ALS: 1.1 WHEREAS, "Owner/Developer" is the sole owner, in law and/or equity, of certain tract ofland in the County of Ada, State ofIdaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. S67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition ofre-zoning that the "Owner/Developer" malce a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of (L-O) Limited Office District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Ownerlbeveloper" made representation at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the .no " DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 1 OF 16 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, th~ 2-.0-th. day of ;rvLtJu.-f 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 "Owner/Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERlDEVELOPER" 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 1.10 WHEREAS, "City" requires the "Owner/Developer" and "Applicant" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use ofthe "Property" is in accordance with the terms and conditions of this development agreement. herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan ofthe 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. DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 2 OF 16 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 ofthis Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation ofthe same requires otherwise: '01 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision ofthe state ofIdaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to SJN, L.L.c., an Idaho Limited Liability Company, whose address is 4344 N. Nines Ridge Lane, Boise, Idaho 83702, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) ofthe "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be annexed and zoned L-O, and the owner's property is described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (G.) which are herein specified as follows: Development of a medhil office to be known as Montvue Medical Clinic on 1.37 acres. DEVELOPMENT AGREEMENT (AZ~03-004) PAGE 3 OF 16 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT H PROPERTY: 6.A "Owner/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 Conditions of Approval 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All future development or re-development ofthe subject property shall be in accordance with City of Meridian ordinances in effect at the time of development. A CZC shall be required from the City prior to re-development of the subject property to a use permitted within the L-O zone. All other uses of the property may be allowed only upon approval of a conditional use permit. 3. The issues shall be addressed pertaining to uses and other development impacts of the property and include language similar to other development agreements in an L-Q zone. It shall be required that the building construction and site layout shall be in substantial conformance with the site plan presented with the application. A minimum 29-foot wide, permanent, open, vehicular roadway connecting S. Montvue Drive with St. Luke's Drive must be constructed prior to any Certificate of Occupancy issued on the site. DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 4 OF 16 4. The applicant shall be required to construct sanitary sewer and water mains in the private road to comply with the "to and through" policy ofthe City of Meridian. Proper easements will be required over the utility locations. B. Adopt the Recommendations of ACHD as follows: Anticipated Site-Specific Conditions The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for thi~. site the District intends to include the following conditions and may add additional conditions that may also apply to this site. 1. Dedicate an additional 7-feet of right-of-way for Montvue Drive abutting the site and widen Montvue Drive abutting the site to one-half of a 40-foot street section and construct curb, gutter and sidewalk. 2. Construct any driveways on Montvue Drive a minimum of 50-feet from any intersection. Any driveways on Montvue Drive should be constructed to be a maximum of 35-feet wide. Pave any driveway(s) abutting public streets to their full width and at least 30-feet into the site beyond the edge of pavement of Montvue Drive. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavemenOess 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. DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 5 OF 16 5. All design and constmction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to can 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. lO. 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. DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 6 OF 16 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 ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of~8' inside and 48' outside. "- 4. All access roads within the project shall have a clear driving surface with a minimum width 0[20' available at all times. UFe 902.2.2.1 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFe 901.4.2 & 901.3 6. We would request that the private road be given a name and the property addressed off of that street. 7. Provide a vertical clearance of 13'6" in drive thru areas. D. Adopt the Recommendations/Comments of Sanitary Service as follows: 1. Is it possible for the service vehicle to approach or exit the water enclosure on the south side of the facility, vehicles are 9' wide and 38' feet long. 2. No enclosure plans have been submitted. 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 "OwnerlDeveloper" or "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" ofthis agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. ~ 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 7 OF 16 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "OwnerlDeveloper" 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 "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. '..: 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion 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 "OwnerlDeveloper", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements ofthe Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Owner/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 DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 8 OF 16 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 ofthis Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "OwnerlDeveloper", or by any successor or successors in title or by the assigns ofthe parties her~to. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "OwnerlDeveloper" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default 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/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code g12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 9 OF 16 15. CERTIFICATE OF OCCUPANCY: The "OwnerlDeveloper" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has 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 "OwnerlDeveloper" 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 Pact and ~onclusions 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: OWNERJDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 SJJV, L.L.c., an Idaho Limited Liability Company 4344 N. Nines Ridge Lane Boise, Idaho 83702 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, 10 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should.anYlitigation 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 DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 10 OF 16 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 ofthe essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: ,This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner ofthe "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation ofthe "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 "OwnerlDeveloper", to execute appropriate and recordable evidence oftermination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully perfonned its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "OwnerlDeveloper" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development ofthe subject "Property" herein provided for can be modified or amended DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 11 OF 16 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-03-004) PAGE 12 OF 16 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/DEVELOPER: SJJV, L.L.C, an Idaho Limited Liability Company Attest: /~" i L ~~~;~/, / " U BY l)~/ ~. CITY OF MERIDIAN , Pi.iF' :~, T. o ......o.i..,_""-""...."';..,..o; 7' of').::: G (~.. (' '" 0.':' ~ ~p '(;.~ -.~ ,......::- ~';. () ."._c r :.rj \ . ," X" "" ";", .:..'? ',,~,~.,,_..~..._L_C ~~ ,..:::- ',' r-', , "y '\ '.t> .......(:.~ c.-' L~::.."I ,"\' DEVELOPMENT AGREEMENT (AZ-03-004'Y'i;;[;;iJ)'; :I\'l\~'\\\\\ PAGE 13 OF 16 BY: Attest: a~ G ~C:;C ;Jre/J'-de-wc \ STATE OF IDAHO, ) :ss County of Ada ) On this 16 day of ~ee~~ , in the year 2003, before me, a Notary Public, personally appeared ']osep~ ~ exsk.&<.- and j)c.c...v-;!. .{(.'c>~1s known or identified to me to be the t'vt~'1'~ M.~ and ~ of SHY, L.L.c., an Idaho Limited Liability Company, and t e persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said SHY, L.L.C, an Idaho Limited Liability Company. ,..; tIll'''''''"" .~ <1\ dO it. ~'" ~., ~ ......... 'o.t J",. ~, It" 0 00 .o. y. ~ H. <P~ i 1~\1.aJ)" \ i 5(~IfAL) -0- : .y. :: \ _,\ ..(Uv~o"" l i "",?,:: .. ..::.. : ~ .... .f> ::::-- ~ 'q'; ...........1.? ",,,," ~ . ..." l,. ~.. ~, J. 1 tL ~.., ~"""', II 1111' Notary Public fOi\ Idah Residing at: ~\>e Commission expires: ., ('Z--31'Zooy STATE OF IDAHO ) :ss County of Ada ) On this 2. 2> rc\ day of :kikW\-VxI\. , in the year 2003, before me, a Notary Public, personally appeared ~vll D. ~uie and William G. Berg, known or identified to me to be the Ma}'Of and,Clet~%~c Ivc.sy:~tthe City of ~f}( Co1..Vhc< l 'Prt:.lid~V\.~ Meridian, who executed the instrument or tne persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. .:;1.'11:14.", .....oJ:Ls..:t ~..+ ..~- T A ~~/.;:. ~~~~.o -~.J.. ,,~... -CO, ~- \ 1l : { . ....:;:~i:.,c.;..,; : III I """'''''''1-.II!I 1\ 1 "-<.-.. .. \ e · \ C'- e.1-J>~..~1\~.. +.~11?OF1q.... ".IIB1e- Z:\ Work\M\Meridian\Meridian 15360MIMontvue Medical Clinic AZ-03.004\DevelopAgr.doc (SEAL) \hw\ fy,-Svv~ ~ Notary Public for Idaho R~sidi~g ~t: ~~. (1{&j<~ .,11 ~..J 'CommlsslOn expIres: 1-2-~-o'5 DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 14 OF 16 EXHIBIT A Le!!al Description Of Property A parcel of land for the purpose of annexation being Lot 2 and the East 40.00 of Lot 3 and the south and easterly half of Montvue Road adjacent to said Lots all being in Block 5 of Montvue Park Subdivision as recorded in Book 17 of Plats at Pages 1107 and 1108 located in the NW Yt of Section 16, T.3N., R.1E., RM., Ada County, Idaho and more particularly described as follows: Beginning at a 5/8 inch rebar rnarking"':the SE comer of said Lot 2 thence along the South line of said Lots N88046'46" W a distance of287.35 feet to a point; Thence leaving said South line NOOoOO' 42" E a distance of 176.92 feet to a point on the centerline of said Montvue Road; Thence along said centerline 889004'00" E a distance of 40.33 feet to a point; Thence along the arc of a curve to the left having a radius of 39.47 feet, an arc length of 62.58 feet, a central angel of 90050' 47", and a chord bearing N45030'37" E a distance of 56.23 feet to a point; Thence leaving said centerline 889004'00" E a distance of207.55 feet to the NE comer of said Lot 2; Thence along the East line of said Lot 2 S00011 '07" W a distance of 218.41 feet to the POINT OF BEGINNING. Said parcel contains 1.37 acres more or less and is subject to all existing easements and rights-of-way of record or implied. DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 15 OF 16 EXHIBIT B Findin2s of Fact and Conclusions of Law/Conditions of Approval ,..; DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 16 OF 16 BEFORE THE MERIDIAN CITY COUNCIL CIC 05-06-03 IN THE MATTER OF THE ) AP~LICA TION FOR ANNEXATION ) AND ZONING OF 1.37 ACRES FOR ) PR"OPOSED MONTVUE :MEDICAL ) CLINIC, LOCATED AT 360 EAST ) MONTVUE DRIVE, MERIDIAN, ) IDAHO ) ) PINNACLE ENGINEERS, INC., ) APPLICANT ) Case No. AZ-03-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER '-' GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on May 6, 2003, at the hour of7:00 p.m., and Brad Hawkins-Clark Planner ill for the Planning and Zoning Department, JoAnn Butler, and Thora Willis, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code 99 67-6509 and 67~6511, and Meridian City Code ~g 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 APPLICA nON FOR ANNEXATION AND ZONING MONTVUE IvIEDICAL CLINIC (AZ-03-004) PAGE 1 OF 16 Resolution No. 02-382~ and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject ofthe application for annexation and zoning is described in the application, is approximately 1.37 acres in size and is located at 360 East Montvue Drive, Meridian, all within the Area ofhnpact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owner of record of the subject property is Patricia Ruyf, 360 East Montvue Drive, Meridianl Idaho 83642. Developer is SIN, L.L.C.~ c/o Mark Bottles Real Estate, 5418 North Eagle Road~ Suite 160~ Boise, Idaho 83713. Apylicant is Pinnacle Engineers, Inc. (Clint Boyle), 12552 W. Executive Drive, Ste. B, Boise, Idaho 83713. 5. The property is presently zoned R-l (Ada Coooty), and consists of residential property. 6. The Applicant requests the property be zoned as L-O (Limited Office District). 7. The subject property is bordered to the north and west by Montvue Subdivision consisting of 1 + acre residential lots, zoned R~ 1 (Ada County), to the south by S1. Luke's Medical Complex, zoned L-O, to the east by Meadow Lake Village, zoned L-O. 8. The Applicant proposes to develop the subject property in the following manner: medical office. 9. The Applicant requests zoning of the subject real property as L-O, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial. 10. There are no significant or sce~ic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 2 OF 16 ll. Giving dlJe consideration to the comments received from the governmental subdivisions providing se.rvices in the City of Meridian pl~ing jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: Annexation and Zoning Conditions of Approval 1. Remove any existing domestic wells andlor septic systems within this project from their domestic service. per City Ordinance Section 5-7 -517, when services are available from the City of Meridian. Wells may be used for..:non-domestic purposes such as landscape irrigation. 2. All future development or re-development of the subj ect property shall be in accordance with City of Meridian ordinances in effect at the time of development. A CZC shall be required from the City prior to re-development bfthe subject property to a use permitted within the L-O zone. All other uses of the property may be allowed only upon approval of a conditional use permit. 3. A Development Agreement shall be required for this annexation and shall address uses and other development impacts of the property and include language similar to other development agreements in an L-O zone. The agreement shall require the building construction and site layout to be in substantial conformance with the site plan pre'sented with the application. A minimum 29-foot wide, permanent, open, vehicular roadway connecting S. Montvue Drive with St. Luke's Drive must be constructed prior to any Certificate of Occupancy issued on the site. (Revised per City Council's action taken at their May 6, 2003 meeting.) 4. The applicant shall be required to construct sanitary sewer and water mains in the private road to comply with the "to and through" policy of the City of Meridian. Proper easements will be required over the utility locations. B. Adopt the Recommendations of ACHD as follows: Anticipated Site-Specific Conditions . FINDINGS OF FACT AND CONCLUSIONS OF LAW .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE :MEDICAL CLINIC (AZ-03-004) PAGE 3 OF 16 The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. 1. Dedicate an additional 7-feet of right-of-way for Montvue Drive abutting the site and widen Montvue Drive abutting the site to one-half of a 40-foot street section and construct curb, gurter and sidewalk. 2. Construct any driveways on Montvue Drive a minimum of 50-feet from any intersection. Any driveways on Montvue Drive should be constructed to be a maximum of 35-feet wide. Pave anydriveway(s) abutting public streets to their full width and at least 30-feet into the site beyond the edge of pavement ofMontvue Drive. 3. Comply with all Standard Conditions <:>! ApprovaL Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prePare and certifY all improvement plans. 6. The applicant shall submit revised plans for staff approval. prior to issuance of building pennit (or other required permits). which incorporates any required design changes. FINDlliGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLlNIC (AZ-03-004) PAGE 4 OF 16 7. Constructio,n, 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 pompromised 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. II. 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 reliefis 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 Unifo~ Fire Code Appendix ill-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFe Appendix ill-A 2. Acceptance of the water supply for frre protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFe 902.2.2.1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 5 OF 16 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. We would request that the private road be given a name and the property addressed off ofthat street. 7. Provide a vertical clearance of 13' 6" in drive thru areas. D. Adopt the Recommendations/Comments of Sanitary Service as follows: 1. Is it possible for the service vehicle to approach or exit the water enclosure on the south side ofthe facility, vehicles are 9' wide and 38' feet long. 2. No enclosure plans have been submitted. ''': 12. The Comprehensive Plan depicts the subject property as "Commercial" on the Future Land Use Map, allowing the applicant to request an IrO (Limited Office) zoning designation and remain in compliance with the Comprehensive Plan. It is found that the requested medical office use is in compliance with the adopted Comprehensive Plan. 13. It is not anticipated that the applicant intends to rezone the subject property in the future. 14. It is found that the proposed medical office/clinic will qe allowed as a permitted use within the requested L-O zone. 15. The recently approved (8/02) Comprehensive Plan ~epicts the entire Montvue Subdivision as future commercial land. Many of the home owners within the Montvue Subdivision testified at public hearings for the Comprehensive Plan that they wanted a commercial designation for the entire subdivision and the City agreed with them. Montvue Subdivision has only one (1 Y point of ingress and egress~ located on Eagle Road; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 6 OF 16 approximately 320' south ~fFranklin. This entrance into the subdivision is not easily accessible to vehicles traveling south on Eagle Road due to the high number of vehicles that stack up at the Franklin and Eagle intersection. Additionally, it is very difficult to make a left hand turn out ofthe subdivision onto Eagle Road. The proposed annexation would provide a secondary vehicular connection to Eagle Road from the Montvue Subdivision. The trafflc light located at 81. Luke's Drive and Eagle Road will help facilitate traffic movement for the existing residential and future commercial traffic. St. Luke's and other medical uses are located within the same area and have been developed '''': or proposed in a similar fashion to the proposed annexation. Review of the St. Luke's private drive history within the ACHD report on pages 3-6 provides additional information regarding the surrounding developments. 16. It is found that the proposed medical use will be designed appropriately to match with the intended character of the general vicinity. The two story office building is different from the adjacent single family houses; however, it is designed to be harmonious with the 81. Luke's buildings on the south side of the subject property. The proposed change in the existing character ofllie area is in harmony with the intended future land use envisioned by the Comprehensive Plan. 17. It is not anticipated that the proposed medical office llse will be hazardous or disturbing to future or existing neighbors, as long as the recommended conditions of approval are complied with. The proposed private street will connect to a public street (Montvue Drive) to a private street (St. Luke's Drive) and will create additional ~ehicle trips into and out of the subdivision across the new private street. One by-product of the new road, whether it is constructed as a private road or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINU MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 7 OF 16 public road, will be the po~sible use of the road for cut-through traffic. fu the near future Montvue Subdivision will connect with the Touclnnark Senior Housing Project to the west, thereby providing access to Franklin Road. The roadway, when complete, will allow motorists to avoid the Eagle and Franklin intersection by cutting through the Montvue Subdivision. The increase in traffic may be disturbing to the homeowners near the subject property, but the increase of traffic near the subject property will not be a result of the proposed use, as most motorists will use S1. Luke's private drive to access the subject property and not enter the subdivision. Future commercial uses within Montvue will have a greater impact on the number of vehicles within the ,~. subdivision. 18. It is found that the property to be annexed will be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Review of the ACHD and Fire Department's comments concerning this subdivision will provide further infonnation regarding public services when the property develops. 19. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 20. It is found that the proposed annexation and use will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. The fact is also that traffic will increase on St. Luke's private road and that is an issue that will need to be worked out between the Neighborhood and the Hospital. It i s not anticipated that the traffic generated by the proposed office use will be ~etrimental to the public welfare ofthe city. 21. It is found that the new private street connection between the hospital and the FINDlN'GS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONIN"G MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 8 OF 16 neighborhood will help" t':l reduce the existing problem of accessing Montvue Subdivision by providing a seco'ndary access controlled by an intersection. The access to the office will affect traffic on the existing private street and will impact the traffic light on Eagle Road. It is found that the proposed use will not create significant interference, but the addition of other commercial uses within the subdivision may create a burden on the public street system ifi~provements are not made to the traffic light and Eagle Road. Review of ACHD comments will provide concern of vehicular approaches and traffic generation. '-....: 22. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 23. It is found that the annexation of this property would be in the best interest of the City. 24. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 11, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 25. It is also found that the development considerations as referenced in Finding No. 11 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existirig,'or intended character of the general vicinity, in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03~004) PAGE 9 OF 16 order to assure that the pr<:,posed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The ,-' Meridian City Code 9 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975~'. codified at Chapter 65, Title 67, Idaho Code by the adoption ofthe Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4, The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 10. inclusive. 5. The zoning of Medium Density Residential (R-8) is defined in the Zoning Ordinance at 9 11-7-2 D as follows: (L-O) Limited Office District: The purpose of the L~O District is to permit the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ~~TION AND ZONmG MONTVUE MEDICAL CLlNIC (AZ~03~004) PAGE 10 OF 16 establishment of groupings of professional, research, executive, administrative, accounting, clenca.'1, stenographic~ public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). /~ 7. The development of the annexed land, if annexed, shall meet and comply with the Or~inances 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 ofllie Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 1.37 acres to Limited Office (L-Q) is granted subject to the ~enns and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 1.37acres. The legal description FJNDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATfON FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ~03-004) PAGE 11 OF 16 shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall confonn to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations ofthe Meridian Planning & Zoning Department as follows: Annexation and Zoning Conditions of Approval . 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7 w517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All future development or re-development of the subject property shall be in accordance with City of Meridian ordinances in effect at the time of development. A CZC shall be required from the City prior to re~development of the subject property to a use permitted within the L-O zone. All other uses of the property may be allowed only upon approval of a conditional use permit. 3. A Development Agreement shall be required for this annexation and shall address uses and other development impacts of the property and include language similar to other development agreements in an LoO zone. The agreement shall require the building construction and site layout to be in substantial conformance with the site plan presented with the application. A minimum 29-foot wide, permanent, open, vehicular roadway connecting S. Montvue Drive with S1. Luke's Drive must be constructed prior to any Certificate of Occupancy issued on the site. (Revised per City Council's action taken at their May 6,2003 meeting.) 4. The applicant shall be required to construct sanitary sewer and water mains in the private road to comply with the "to and through" policy of the City of Meridian. Proper easements will be required over the utility locations. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONfVUE MEDICAL CLINIC (AZ-03-004) PAGE 12 OF 16 . B. Adopt the Reco~endations of ACHD as follows; Anticipated Site-Specific Conditions The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. 1. Dedicate an additional 7-feet ofright-of-way for Montvue Drive abutting the site and widen Montvue Drive abutting the site to one-half of a 40-foot street section and construct curb, gutter and sidewalk. 2. Construct any driveways on Montvue Drive a minimum of 50-feet from any intersection. Any driveways on Montvue Drive should be constructed to be a maximum of 35-feet wide. Pave any drive~ay(s) abutting 'public streets to their full width and at least 30-feet into the site beyond the edge ofimvement ofMontvue Drive. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval L Any existing inigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages.abutting the site shall be borne by the developer. 3. Replace any existing damaged curbt 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, lSPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 13 OF 16 6. The applicant shall submit revised plans for staff approva1~ prior to issuance of building pewit (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 grolll1d 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 applicanes authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. . 11. Any change by the applicant in the planned use of the property which is the subj ect of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow per the Uniform Fire Code Appendix ill -A to service the proj ect. Fire hydrants shall be placed an average of 40W apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fIre protection will be by the Meridian Water Department. 3. All roads shall have a turning nldiils of28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG MONTVUE MEDICAL CLINIC (AZ-03-004) . PAGE 140F 16 4. All access roads within the project shall have a clear driving surface with a minimwn width of 20; available at all times. UFC 902.2.2.1 5, Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. We would request that the private road be given a name and the property addressed 0 ff of that street. 7, Provide a vertical clearance of 13'6" in drive thru areas. D. Adopt the Recommendations/Comments of Sanitary Service as follows: 1. Is it possible for the service vehicle to approach or exit the water enclosure on the south side of the facility, vehicles are 9' wide and 38' feet long. '...: 2. No e~closure plans have been submitted. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation ofthe real property which is the subject of the application to (1-0) Limited Office District, and Meridian City Code ~ 11-7-2. S. Subsequent to the passage of the Ordinance provided for in section 4 oftlUs Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date ofthis decision and order seek ajudicial review as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ403-004) PAGE 15 OF 16 . ' provided by Chapter 52, T~t1e 67, Idaho Code. By action of the City Council at its regular meeting held on the 2D-rh. day of m~ , 2003. ROLL CALL COUNCfi..MAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Me CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 5-'20-03 MOTION: APPROVED: X DISAPPROVED: VOTED~ VOTED+ VOTED~ VOTED~ VOTED - 2Mr1Y) : ~ William G. Berg, Jr., City Clerk Attest: September 19,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT September 23, 2003 ITEM NO. 3-D REQUEST Sewer and Water Main Easement for Cherry Crossing: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo 11./ (prr Contacted: Emailed: Date: Staff Initials: Phone: Materials pres~nted at public meetings shall become property of the City of Merididn. City of Meridian Public Works Dept. Memo ECEIVED SEP 1 7 2003 To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 09/17/2003 Re: Proposed Agenda Items for September 23 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the September 23 City Council agenda, on the Consent Agenda, for Council's consideration: . (~sanitary Sewer and Water Main Easement for Cherry Crossina. ~ Typical sewer and water main easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Cherry Crossing and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer Easement for Tuscanv Villaae. Typical sewer and water main easement Recommended Council Action: Approve the Sanitary Sewer Easement for Tuscany Village and authorize the Mayor to sign and City Clerk to attest. 3) Streetliaht Aareement for Burnev Glen #1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Burney Glen #1 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 SANITARY SEWER AND WATER MAIN EASKMENT THIS INDENTURE, made this _ day of , 20_between Boise Surplus 2002 LLC an Idaho limited liability company, the parties of the fIrst part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the nonexclusive right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the nonexclusive free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said nonexclusive easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMement THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perermial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. W WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ) ss County of Ada ) On this /6-dt day of ~, 20.Q.2, before me, the undersigned, a Notary Public in and for said State, personally appeared Jeffery L. Hess, known or identified to me to be the <;:hiefOperating Officer of the Boise Surplus 2002 LLC that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ...'1..... ..........; ........ :p "iN AR../) .......... ...... r. ~ ......... J' .... . ."'~ .- .. ~ ~ ~ .- -.- ! e,.. o't AR l' e. it ; ::-S \-: ~ e ~ ~ . : : : .... u: : :. \: . = ~ic \ pu~Y l.~~ .,.. ....,t~ ~ ";... .- ~ "Ii Sanitary Se~~~*Wlltet~Shi.f;..asement ..........:{ l'E 01-;.... """lInnaaa A~ NOTARY PUBLIC FOR IDAHO Residing at: ~ 1 Commission Expires: / Ii s-:IIJ S- EASMement GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., !mown to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and ac!mowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement EASMement \. ... i ~ ~ ~ 0 ~ Ii ;;:0 l >I J ~ ffi e~ iall~ ~ ~ ~ ~ ~.~ ~ ~ l> ! ....0 b ~~il:;~ ~5ffi~ '" * ;; i ;;; !a~i.~ g t-o.(Q:2e ~ ~ I ~ d 4 ~ . . !II ; ill ~ Z ~ w a. ~ ~ I I I I >- ~ 0 , I en . I own. R . J . Q. I I :0 ; :r:6:5 I I I , I I I <(:>0::: I I OCl)C!J I 1 . VJ f::1 :<; ~~ o::W ~ o:::.i:<t lJ...~O I-<(r, ffi W '-J ->- I I- r" ~~~ :J~ ~ ~ .....J ::!: zai o Vi::= :> 50:: m :::> U'l t:l z U)'N ~z>=' 5Qz 1-:::> >-oon o::wuo e:::U'l 0 Wl1..<C'\l IOO () <( v lJ...........z 0_<( !OwCi ....U'liii: - w w """::c:::.i: .......... Zo ""?::c 1-<( o ri~ en 0 .....w 01- -1<( o o -1 d . .. ____--=o~~Nn_ HL~:~____________________ ~~ _ J J w ~ ~ ; ,- I . r I I .<< i , I . r'l I ... . ~ I ... . ).. [ ~ i ~ , ~ I .... I I.. jif [~b ,~i Ite ," I , I ,p: . I . [ , I . I . r . I . +1 . <1 I ~ . Ii "',= .86'm 1#0 .&0.9 L.OO S -----~--~-----il --..... ---------- ----- --, '1 l: ~ I I 2 ~ I I :3-~ I r ~; i I [ ,,~ [ I -w J I "'0 a' ~. ",-, ~ ~ a:I ..~ ti~ ~.. @ lD~ ~.. ~~ ",:';@ I I ~ ~ :>~ \ ~; h~ I I I r I I L___________ ~ I I J 1 ~ -------~~l--------------------J :"1 ~. . '" "''' ., . ir1;::: "'I I NCJJ'tlG'1JQ.W'I,;"'" @ .~;::.lt; :a .tt.~ /ol ~ : , . i @ i I ; , . I : , . , , l , e , , ': J ~ : r .// ,1~/./'4 .' " @ @ e '81lS !)N/SSOI;O J.W3HO EXHIBIT ,I I { A r-r-r-..... .L.nn ~nn"""7'" .""'"11" I ...Jnn IC'lI C.::.^ In,.... nlJQonT ~n.L..T~ ~n Ln ~~~r '" ~ ~ . . ~ I ~ ! ~ r 1 ! i ! JDAHO SURVEY G'ROUP 701 S.Allen St.,Suite 105 Meridian, Idaho 83642 Phone (20B) 846-8570 Fax (108) 378-0329 Project No. 03-125 September 4, 2003 DESCRIPTION FOR UTILITY EASEMENT CHERRY CROSSING A utility easement located in Lots 13 and 15, Block 1 of Cherry Crossing Subdivision as filed in Book 86 of Plats at Page 9696 records of Ada County, Idaho located in the SEX of Section 2, T.3N., R 1W., 8.M., Meridian, Ada County, Idaho more particularly described as follows: Commencing at the SW comer of said Lot 15; thence along the South boundary line of said Lot 15 South 89033'46" East, 272.41 feet to the REAL POINT OF BEGINNING; thence leaving said South boundary line North 20020'07" East, 31.22 feet; thence North 00000'09" West, 173.11 feet; thence North 90000'00" West, 166.07 feet; thence North 00000'00" West, 20.00 feet; thence South 90000'00" East, 156.06 feet; thence North 00000'00" West, 57.35 feet; thence South 90000'00" East, 78.34 feet; thence South 00001'42" West, 7.90 feet; thence North 89059'41" East, 30.00 feet; thence South 00000'00" West, 2.10 feet; thence South 90000'00" East, 156.18 feet to a point on the West right-of~way line of North Linder Road; thence along said West right-af-way fine South 00016'08" West, 20.00 feet; thence leaving said West right-af-way line North 90000'00" West, 234.42 feet; S:\ISG Projects\Cherry Crossing LLA {03-125)\Documents\utilityease.doc II u EXHIBIT E !:' "_d ~J::::.J::.c..,J.QR. _f Q~1_. . ""I "_...I ..dno...l<'l _~a^.Jnc:: _oueo T d9.j,:TO 1;.'0 ,,"0 daG: thence South 00000'09" East, 224.05 feet; thence South 20020'07" West, 27.57 feet to a point on he North right..of-way line of West Cherry Lane; thence along said North right-of-way North 89033'461 West, 21.27 feet to the REAL POINT OF BEGINNING, containing 14,763 square feetr more or less. S:I/SG Projeds\Cheny Crossing UA (03-125)\Documents\utiityease.doc EXHIBIT tlB'1 .J.......J '-"r""i"""r"- .L..nn en...........,.... "'oI""!l + 1 ..Jnn ll;"1l c~^ Inr-- OFlgonT ..-In.L.''Tn ,....1""'1 .L.t""I ..J":::'-C""'"' September 19, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT September 23,2003 ITEM NO. 3-1> REQUEST Sewer Easement for Tuscany Village: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo MP~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings ~hall become property of the CIty of MerIdIan. , , , City of MeriClian, Public Wofl(s, Dept. )" "?"<:.:- ~ / .';/"" "" ? -: v? . ~ ' " '( Me D~nEI""" 1 \J~~ \.j 4. \ SEP 1 7 2003 [J To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 09/17/2003 Re: Proposed Agenda Items for September 23 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the September 23 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Cherry Crossina. Typical sewer and water main easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Cherry Crossing and authorize the Mayorto sign and City Clerk to attest. ~ Sanitary Sewer EasemenHor Tuscanv Villaae. Typical sewer and water main easement Recommended Council Action: Approve the Sanitary Sewer Easement for Tuscany Village and authorize the Mayor to sign and City Clerk to attest. 3) Streetliaht Aareement for Burney Glen #1. Typical decorative streetlight agreement. Recommended Council Action: Approve the Streetlight Agreement for Burney Glen #1 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 SANIT ARY SEWER EASEMENT THIS INDENTURE, made this _ day of _, 20_between Tuscanv Development Inc., the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sailltary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSL Y UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area 30305.Sewer Main Easement Page 1 described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ) 55 County of Ada ) On this . / J day of J l..( n ~ , 2cO~ before me, the undersigned, a Notary Public in and for said State, personally appeared Greg Johnson , known or identified to me to be the president of Statewide Construction, Inc. that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ""unnJUSt:1 ,.... _ 8"1 ...... $~ L. 130 ....~ ~.. :\Y 04,,""IIlGe ~.~ ~'" :' -<;:- G. "0 '-~ .:, ~ "'<; " c,,~ cO S ~ l ~O<f.AA}>' ", ; = : ~ . ...L. ~ _ . ___~ tiI,.. I:iI' ~ ...- . ~ S*~ ."c,::: ':. "J>UByl- o. :: GRANt~~ CIT..F~j?"MERlDIAN ...../' 1>0000. V ",'" ........ <1 'l'E 0 F \'Y <.",,,,'> "Q~, ~t .v"~Ui!D:E[rtit!i.~t NOTARY PUBLIC FOE. IDAHO '--1Y7Ci~ c;/( \)~ ~ Residing~w-r- ~.J) 0- Commission Expires: ~ /:]0) os:> at 30305.Sewer Main Easement Page 2 Robert D. Conie, Mayor" Attest by William G. Berg, City Clerk Approved By City Council On: 30305.Sewer Main Easement Page 3 EXHIBIT "A" DESCRIPTION FOR SANITARY SEWER EASEMENT PROPOSED TUSCANY WEST SUBDIVISION June 16, 2003 An Easement for a City of Meridian, mainline sanitary sewer, located in the 1\TE 1;4 of Section 30, Township 3 North, Range 1 East, of the Boise Meridian, Ada County, Idaho, being a strip ofland 30.00 feet in width, centered about the following described line. Commencing at the northeast comer of Section 30, T.3N., R.IE., B.M., thence S 89042'20" W 1195.02 feet along the north line of Section 30 to a point, thence S 00000'00" E 25.00 feet to the BEGINNING POINT ofthis centerline easement description. Thence continuing S 00013'l8" W 185.09 feet to a point; Thence N 89042'04" E 485.43 feet to a point; Thence S 60020'21" E 34.42 feet to a point; Thence S 300l4'36" E 898.80 feet to a point; Thence S 00014'18" W 191.62 feet to a point; Thence N 89043'12" E 197.92 feet to a point where sanitary sewer leaves property and enters Right of Way of Locust Grove Road, the ENDING POINT ofthis description. 30305-ss2.doc s~ \D- ~ \0S~ \(l,l~~ o-C ~:-\-e ~ ~ ~S\ J'A- \[L l~ {b \ \ ,I . I . ~ &0 ~ ~ .,; ~ I .,; E. ITALY ST. E. SlENA ST. . I I ~ ~ Q .,; E. CEcmA ST. 19 20 - ,- ~-;;r29 I I I I I I I I I I I~ l~ I f;: o I E3 E- 195 u I S I I I ( EXHIBIT oB" N 69"42'20. E 1195.02' .-.-.--\"" --_.- . \ \\\ , '. \ \\ \\~ \ \A~ '. \ ~ \ \ ~ \\\ '. \ '. \ \\\ '-\ \ '. \ \\\ \ \ '. \ \\\ '. \ . . '.\ . N 1 J ~ g __ ____ __00 ErD1NG pri'IT ----- -- REVISION : BY: SANITARY SEWER EASEMENT PROPOSED TUSCANY WEST SUBDIVISION SHEET : 1 0 F 1 BRIGGS ENGINEERING, INC. IolGUl RING BRIGGS EXH~BIT LOCATED IN THE NE 1/4 OF SECTION 30 T.3N., R.1 E., B.M. ADA COUNTY, IDAHO 30305- SS2. DWG OWG DATE: DWe NO. 06/16/03 KDH 30305 SCALE: 1"= 200' ENGINEERS PLANNERS SURVEYORS 1 BOO W. OVERlAND ROAD · BOISE. IDAHO B3705 · (208)344-9700 September 19,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT September 23,2003 ITEM NO. 3-& REQUEST streetlight Agreement for Burney Glen No.1: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo / Agreement ~ ~1f~ Date: Staff Initials: Phone: Contacted: Emailed: . Materials presented at publfc meetings shall become property oflhe City of Meridian. " City of Meritlian , ~ Public Works Dept. ,. . , ? Memo [~ i!j r1 D --1\ 7E- I ~,.t!A ~.,j JiJ 1 v .. . 1) SEP 1 7 2003 To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 09/17/2003 Re: Proposed Agenda Items for September 23 City Council Meeting Citv Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the September 23 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Cherry Crossina. Typical sewer and water main easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Cherry Crossing and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer Easemenffor Tuscanv VilIaae. Typical sewer and water main easement Recommended Council Action: Approve the Sanitary Sewer Easement for Tuscany Village and authorize the Mayor to sign and City Clerk to attest. ~ Streetliaht Aareement for Burnev Glen #1. Typical decorative streetlight agreement Recommended Council Action: Approve the Streetlight Agreement for Burney Glen #1 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF J\.1ERIDIAN and Properties West Inc., pertaining to the streetlights in Burney Glen Subdivision #1 a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Properties West Inc., has provided 2. street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Burney Glen Subdivision#1 in Meridian, Idaho. The parties acknowledge that the 5 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Properties West Inc., or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Properties West Inc., or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 5 street lights located in as Burney Glen Subdivision#l in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that The Brighton Corporation will assign its rights and obligations hereunder to Burney Glen Homeowners Association when said Homeowners Association is formed and operational. STREET LIGHT AGREEJ\.1ENT Page 1 This AGREEMENT shall be binding on Properties West Inc. its heirs, successors and assigns, and the CITY OF IMERIDIAN. Dated this _ day of September , 2003. CITY OF IMERIDIAN, a municipality and Political subdivision of the State of Idaho By Robert D. Corrie, Mayor ATTEST: William G. Berg, Jr., City Clerk ATTEST: :::s 0 ifN ~A-\'b-) 'S. Secretary STATE OF IDAHO, ) ss. STREET LIGHT AGREEMENT Page 2 County of Ada, ) On this _ day of , 20-, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WilLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF 1v.IERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fIrst above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY C01\1MISSION EXPIRES STATE OF ,) ,) : ss. County of On this IS day of ~eH1k~', 2003 , before me, the undersigned, a Notary Public 1ll and for said State, personally appeared :::ToHr/ 13"'-1./17 (j' and known to me to be the President and Secretary of pJ0;2-Lt4,f?"5 1l/f3-Sr I/rt.G ., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL ""II"'"", i~~ 'fl. C Ii .~'-'<< ~''t-~'" ......Ii/cJ' '\ I~ ....~~ I!::. +O'tAR)- \~ \ : 2' _._ '*: . . .. ~ C. .. 1.'" 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Lf - Ii - ( AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DE?T: CITY WATER DE?T: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~J,; rt1 df Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs shall become property of the City of Meridian. CITY of MERIDIAN FINANCE REPORT August 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 FY; Police Dept Monthly 0' Fire Dept Monthly Ov Vacant Position Rer: Capital Purchases Reporl - Capital Purchases Report - Enterprise I ~ ld Amendment General Fund Summary Special Service Fund Summary Enterprise Fund Summary Revenue & Expenditure Reports from accounting software ::5/l/!/rOYL, J 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 8/31/2003 $9,360,355 INTEREST BEARING ACCOUNTS PORTFOLIO DISTRIBUTION ria Government Bonds o Certificates of Deposit III Advisor Money Market D Checking $1,320,693 11II Money Market rill Wells Fargo Bond Reserve 11II Idaho State Pool CASH & INVESTMENT TYPE ~ NET YIELD 0.04 0.035 0.03 0.025 0.02 0.015 0.01 0.005 o ~'" 0'C' !<.<bi e~ '" ~.<fI' !<.e .l.e<; ~(,.,. ",0 i$ "e . _~ot:- ~~f':J eO. ~e 0'" e" ~....- ~ .,.{f e ~o ~ <J ;".",0 'J:oe ~ i-e'" !l.,e o ~.l. C; e~ ~ <j,"'" 9' _...o'C' ~0'C' :c.0 ....- ~t. ...~.,. $964,333 Investment Account Balance $1,037,612 by Fund $3,429,602 $558,465 o General Fund iii Cap Improve Fund $2,473,554 iii Enterprise Fund o Fire Truck Fund Ii Latecomer Fund iii Special Service Fund III Park Impact Fees 2 of 52 , CITY OF MERIDIAN INVESTMENTS AND CASH 8/31/2003 INTEREST RATE HISTORY 5.00% 4.00% :) 3.00% w >= 2.00% 1.00% 0.00% . "--' - -'.-._" '~'" ....'AA -,~:. ~'i":-: - . - '-:,: _ :__ .""". , .~. ,-.-:: :.n _~.; n-: .-..' , :..--.-:~. .-' c _. .'_ _',. ."c,_ .. ~ 7- . - ". -- . ----., ..... ... - ..:.'_..__.'~~.. . ]',; . ",:;. --::::,'..~ . -,:-,_~.'-::'_:-. ,"'if:- .:-~.-'~4..;,~~-~""j~~:~,~!:,.' -m;:.>._- .~;).,i~~'. .-'.:':1i''', . .--( ~ ~ ~ ~ ~ ~ ~ ~ ~ # # '!'..~ # # ~'li ~~'li ~ ~q ~'lf ,:;o:i '!o.1lJ 0" ~1lJ "1lJ )'l;~ 00 ~ ~eq ~o QIlJ <c ~~ ~t;;,"" ';) .::,<$ \'" MONTH Investment Income - Budget to Actual Comparison $1,400,000 $1,200,000 $1,000,000 $600,000 $600,000 $400,000 $200,000 $0 General Special ServIces 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 Q~ ,,~ "<S>/ o ~ ~ ~ <. % 0. C %. <s>"" 0(;> """ ';19 o~ o~ .;OS'-< ~ TOS', ~ -.,.^ C & ., .;/~ ~ v. ~'7. % ':t-A_ q, '?;. ~ CO+ 'l'&^ &A '>7-, >:1n X> i&: "" ~'c. v1f, y~ "0", co... "" V~ VQ. 't &" "'COt:. &<? <>(;> 0' 0' "0' 0" <1>"... 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Yv"", Q) ~ ~ 1/08 //.,I<A (U ~ C. 1/08 //(,;; Q) ~ 0 .,I6l 9~ a Q) &0 '- .,Ie::>. \90 - 9~ 0 .- C2 u- &-1 .,I6l 0,tJ/ U1 90;. ~s 0 0 0 0 0 0 'b u..~ 0 0 0 0 0 $' 0- 0 0 0 0 0 ~ ~ ~~ 1.0 0 1.0 0 \!) C"J C"J -c- -c- $' - $ f:Ft f:Ft $ (,j CITY OF MERIDIAN VACANT POSITION REPORT AS OF August 31,2003 Date Department Job Position Filled New Vacant Crime Prevention Specialist 1011/2001 Bill Musser Chief of Police (Worley) 7/31/2003 7131/2003 Police Lieutenant (Bowman) 7/15/2003 IWider.. Operator II 1011/2002 Water Work Person (Arte) 3/12/2003 115 - 20 Seasonal Part-Time Seasonal 10/1/2002 Varies Recreation Superintendent (Arreola) 8/1/2003 IF.... ..'........... ,... Ire'..>:"'.. '<'j 19 J ntro Firefighters Martin McSherry Jr Lance Witt Coit Souza Joseph Bongiorno Brandon Medica Chad Coltrin Darby Hill Luke Smillie Justin Porter-Winkler .RilbJicWprksi::.::.... 8/11/2003 8/1112003 8/11/2003 8/11/2003 8/11/2003 8/11/2003 8/11/2003 8/11/2003 8/11/2003 I 5/1/2003 I Staff Engineer or Engineer Tech I or JI Craig Hood 1M U 8S::0:.'/::'>:'.'" Planner II (0 MCKinnon) I 8118/2003 I I 6/6/20031 CIS Rep (Cooke) I I I 8129/20031 13 of 52 ( Carryforward BUDGET PURCHASES Bud to Act Dept Acct Description FY2002 Amount FY2003 YTD Variance Notes Mayor 94300 computer - desktop 1.S00.00 1,S62,62 (G2.62) replace #48 Finance 94200 desk & chair 1,200.00 1,200,00 0.00 IT coordinator Finance 94300 computer - desktop 1,SOO.00 1,200.66 299.34 replace #463 Finance 94300 computer - desktop 1,SOO.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 (1.10';.951 nnl'l~lurk lJ~lfdWiJff' nol Ii! hudqct<Pd whdvlnq:-; 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, 25~)}30) #37 Enhancement#7 promote officer to investigato Police 94100 Vehicle. patrol 20,000.00 22,052.30 (2,06230) replace #26 Police 94100 Vehicle - patrol 40,000.00 43,657.21 0,6'5/;' 1) replace #29 Police 94100 Vehicle - patrol 28,500.00 30,829.62 (:~,3~'fJ.G?) replace #24 Police 94100 Vehicle - patrol 27,000.00 33.110.15 (<dIO.IS) 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 Astro Spectra Radios 5.550.00 5,531.36 18.64 capital items PD budgeted in operating Police 94200 desk! work station 1,500.00 1,500.00 Enhancemenl#4 Crime Analyst Police 94200 desk! work station 1,000.00 1,000.00 Enhancement#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))5700) e~lra Laptop not in budget pd wfsavings Police 94300 Computer & Software 6,000.00 6,000.00 Enhancement#4 Crime Analyst Police 94300 Computer & Software 2,000.00 1,467.08 532.92 Enhancement#5 records clerk Police 94400 G lock 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 DUI grant Police 94400 Treadmill & Stepper 6.600.00 6,600.00 approved in Aug2003 Police 96011 carryforward 17,902.20 7,208.80 10,693.40 Tvcabling,handraits Fire 92300 Latecomer fees 2,700.00 300.00 2,400.00 Enhancement#1 new fire station Fire 93302 Opticom 16,000.00 23.928.76 (7,92876) Enhancement#6 opticom Fire 94200 turnout racks, furnishings,tools&propane 28,000.00 3,612.04 24,387.96 Enhancement#1 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 1,500.00 replace #2015 Fire 94400 defiberaltor 4.000.00 4,000.00 Enhancement#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 Enhancement#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 equipment for New Pumper 22,000.00 20,407.91 1,592.09 will need 10 amend Parks 91000 Land purchase 94,060.00 181,000.00 283,307.32 (B,247.32} Enhancement#2 Borup property Parks 93405 Phase II improvements 18.517.07 155,000.00 4,755.00 168,762.07 Enhancement#8 Storey Park Parks 93409 playground equipment 38,000.00 29.525.03 8,474.97 Enhancement#4 Chateau Parks 93411 Skate Park construction 11,847.30 32,689.59 (20,842.29) carryforward money was only $11,847.30 Parks 94401 lawn mower 8,095.00 8,095.00 0.00 replace #2097 Taro Groundmaster Parks 96156 Adventure Island Playground 50,000.00 50,000.00 100,000.00 Enhancement#9 Parks 96902 basketball courts 11,000.00 11,000.00 Enhancement#7 Bear Creek Parks 96902 restroom construction 135,000.00 30,656.39 104,343.61 Enttancement#7 Bear Creek Parks 96903 Settlers improvements 611,114.72 131,000.00 335,433.74 406,680.98 Enhancement#3 landscape,sidewalk Parks 96920 Kiwansis construction 6,110.00 (6,110.00) ParkS 96910 Centennial construction 0.00 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 SpecialSvc Funds (FY2002 equity) excess carryforward I 560,787.71 General Fund TOTAL Capital for FY2003 1,516,229.00 2,093,135.00 1,233,296.14 1,429,257.15 I CITY of MERIDIAN FY2003 Budget to Actual Capital Outlay GENERAL FUND YTD 08/31/2003 14 of 52 Carryforward BUDGET PURCHASES Bud 10 Act Depl Accl Descriplion from FY2002 for FY211113 FY2003 YTD Variance Noles MUSS 92000 new fronl counter 10.000.00 3,293.68 6.706.32 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 Enhancemenl#8 bookshelves PW 94200 desk I 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 (900! replace #1060 PW 94300 computer - desktop 2,200.00 2,200.00 replace #1083 PW 94300 computer - laptop 3,400.00 3.499.56 (0!).~j6) Enhancement#3 technology PW 94300 computer & software 2,200.00 2.200.00 Enhancement#6 new Slaff En9ineer PW 94300 printer - workgroup laser 1,200.00 1.200.00 Enhancement#3 technology PW 94300 server 7,500.00 4,752.00 2,748.00 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#l new well tech Water 94300 computer - desktop 2,200.00 1,562.62 637.38 replace #3583 Water 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 Enhancemenl#l new well tech Water 94400 Well #11 Fault A$sy Unit 7,000.00 6,620.00 380.00 budqcled lPo opDraltnq mnond 10 C<:lPJt0! Water 94400 Well #15 Fault Assy Unit 13,000.00 12,660.00 340.00 blJ-dqClcd In operating. oi.:lmon1 10 Cdplt;)~ Water 96111 WaterTower Upgrade 89,872.94 42,602.19 47,270.75 carryforward Water 96131 Well #10 landscape 23,237.50 19.310.00 3,927.50 carryforward Water 96133 Well #22 441.00 (44100) no carryforward overbudget from 02 Waler 96140 Waterline Extensions 600,000.00 566.318.92 33.681.08 Enhancement #7 Waler 96147 Waterline Extensions 276,348.61 56.901.73 219,446.88 carryforward Water 96148 Well #23 45,537.18 997.89 44,539.29 carryforward Water 96149 Well #24 103.018.99 80,000.00 236,638.54 (53,61955) Enhancemenl #2 Water 96150 Well #25 199.959.00 300,000.00 57,039.68 442.919.32 Enhancement #4 Water 96157 Well #26 350,000.00 350.000.00 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 1.010,661.34 (33996200) 568,888.74 102,010.60 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 (372371 Enhancement #1 WWTP 94300 computer - desktop 2,200.00 1,394.00 806.00 Enhancement #1 WWTP 94300 computer. desktop 2,200.00 1,360.85 839.15 Enhancement #1 WWTP 94300 Computer Server 6,500.00 5,914.73 585.27 Not Bl'dqeted 10 come from 94600 budq WWTP 94400 E-coli waterbath equip 2,000.00 2.000.00 Enhancement #1 WWTP 94400 Effluent Sampler 5,500.00 5.500.00 replace #3671 WWTP 94400 Gantry Crane portable 3,000.00 3.185.07 { 185,07) Enhancement #1 WWTP 94400 Infrared Moisture Analyzers for lab 3,200.00 2,060.00 1.140.00 Enhancement #1 WWTP 94400 [SCO 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 (77493) Enhancement #1 WWTP 94400 Microfilm Reader 2.000.00 2,000.00 Enhancement #1 WWTP 94400 SamplinglTesting equip for Pretreatment 19.500.00 17,739.36 1,760.64 Enhancement #1 WWTP 94400 Diesel Tank 11,957.60 14.910.00 (2.952.40) carryforward WWTP 94600 phone syslem 8,500.00 3.750.75 4,749.25 Enhancement #6 WWTP 3590 96109 UV/5mile Outfall 260,031.71 {100.000001 18.311.60 141,720.11 WWTP 96141 WWTP Generator #3 25,443.53 25,443.53 WWTP 3590 96142 South Slough Sewer Ext 925.640.62 504,282.00 1.190,538.96 239,383.66 WWTP 3590 96143 WWTP City water projecl 16,900.46 16,900.46 WWTP 3590 96144 Ashford lift Station upgrade 274.73 (27473) flow monitoring WWTP 3590 96145 WWTP NonPolable waler project 82.669.10 82.669.10 WWTP 3590 96151 Predesign of WWTP projects 198,488.79 73,500.00 132,071.84 139.916.95 Enhancement #3 WWTP 3520 96152 Boise River Outfall/Creek Crossir 69,893.64 475,107.00 354,714.91 190.285.73 Enhancement #4 WWTP 3590 96154 Tertiary Filler Bv-Pass 19.401.00 19,401.00 WWTP 3590 96155 Thickener Pro'ect 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 22.000.00 Enhancement #9 WWTP 3510 96160 Methane Gas Alarm for Digester 5.000.00 6,809.25 {! .809251 Enhancement #9 WWTP 3590 96162 SlckCat Trunklinellifl pre design 669.000.00 55,022.00 613,978.00 Enhancement #11 enterprise addition for fund bal 378.992.00 378,992.00 budgeted revenues exceeded expenditur Enterprise TOTAL Capital for FY21103 5,588,624.00 4,226,549.00 4,018,1117.35 4,1I02,B20.B7 1 CITY of MERIDIAN FY2003 Budget to Actual Capital Outlay ENTERPRISE FUND . YTD 08/31/2003 el es 4,164,125.00 2,185.527.00 2,951,635.67 2,282,421.33 15 of 52 CITY OF MERIDIAN FY2003 POTENTIAL BUDGET AMENDMENTS as of August 31, 2003 ENTERPRISE FUND Fund Dept Revenue Expenditures Descrip 60 WWTP $ 269,000 increase Blackcat Trunkline & Lift station budget lhese budget 60 WWTP $ 125,107 increase BoiseRiverRpr budget changes will be 60 WWTP $ (339,962) decrease Sewer Extension budget >- funded from the amt 60 WWTP $ 504,282 increase Slough Sewer Extension budget that was to go to 60 WWTP $ 150,000 increase WasteThickener budget equity 60 WWTP $ 23,500 decrease PreOesign budget 60 WWTP $ (23,500) increase UV/Fivemile Outfall budget 60 Water <$ /./26,000 increase Well#23 budget 60 Water $ //1.33,000; increase Well#24 budget 60 Water /$T</(127;0001 decrease Well#27 budget 60 Water :/$//(32;000) decrease WaterTower budget 60 PW $::/: ....::.::....7,500. $//7,500 empire money to increase Capital Electronics budget for new server ENTERPRISE $ 7,500 $ 715,927 $ (708,427~decrease amt that was going to equity GENERAL FUND FY02 Year-End Fund Balance Transfer from Special Serv Fund to Cap Imprv 50 BJdg $ 585,467 Fund 50 Bldg $' //<14,360:": increase rent for Building Department 50 Blda increase phone expense for Building Oept move 50 Bldg increase computer expense for cabling Build Oept move 50 Bldg $ :';<Y!5,OOOT increase Bldg inspection expense 50 Bldg $: /20,00b increase Plumbing inspection expense 50 Bldg :....$< /112,060. .......:: increase ReSidential Bldg Permit Revenue SpeCial Svcs $ 112,060 $ 697,527 $ (S8S,467JTransfer To (From) Fund Balance 9/18/2003 20 20 20 1 1 1 1 1 1 1 1 1 1 Police Police Police Parks Parks Parks Parks Police Police Admin Council Parks Fire Police Admin Admin Parks Admin Admin Police Fire Admin 1 1 1 1 1 1 GENERAL FUND $ 5,500 $ 4,500 OUI Grant - overtime to be reimbursed OUI Grant - Video system for patrol OUI Grant - revenue from State Highway Safety Grant ACH 0 money for purchase of Storey right of way ACH 0 money for Centennial Park budget ACHD money for Truck purchase ACHD money to increase Storey improvements budget animal bldg maintenance that was budgeted in FY02 but not done until FY03 irrigation faxes higher for pressuri<:ed system budget for Ten Mile Exchange study transfer funds to Parks for Skatepark Facility Supervisor transfer funds to Parks for Skate park Facility Supervisor increase FY03 enhancements by the Rural 26% Holdback - Court revenue Holdback - decrease gas franchise revenue Holdback. decrease interest revenue HOldback - Park revenue HoldbaCk from 100 year celebration money in #57400 Holdback from budget for muncipal center Holdback from Police Oept for PT Crime Prevention Officer Holdback Station#3 salary savings Holdback the GF contribution to capital improvement fund 10,000 ;):;)'176;620. )$/\/1020;000& /$:.%126j620J; $ 2,400 $ 2,800 $ 40,000 3,700 ...../.3'700/ './101';578;: 121,315 Transfer To (From) Fund Balance 16 of 52 F:\Monthly Reports\Council Reports monthly M o OM 010 ><0 ~01 UJ....... 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'" Q) ..., co o September 19,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Pre-Council Meeting September 23,2003 ITEM NO. 4 REQUEST Executive Session per Idaho Code 67-2345{ 1 )(c): 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 COMP ANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: c( C et7fYLcLD-J GIJYV-t. -b (t(>,\IJ.-LoJ) Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. September 23, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT City Attorney September 23. 2003 ITEM NO. 4~B~ 1 REQUEST Addendum No.1 to Agreement for City Attorney I Civil Legal Services AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Resolution / Agreement / Addm s~~ (jir Git' S Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Page 1 of 1 From: Marlene S1. George [ms@WHITEPETERSON.com] Sent: Friday, September 19, 2003 3:12 PM To: 'Will Berg'; 'Sharon Smith'; 'Tara Green'; 'Jessica Johnson' Cc: Bill Nichols Subject: Addendum NO.1 To Agreement For City Attorney/Civil Legal Services Dated November 18, 2002 Sharon Smith Sharon, could you please place this Addendum under Department Reports for the 9/23/03 Council meeting? I know this is a late, late request, but this Addendum should have gone over to you long before now. If you could please do a miracle for me, I would appreciate it, and sorry for the inconvenience. If you have any questions, please call me. Thank you. @ Thank you, iWarlene St. George Legal Assistant to Wm. F. Nichols White Peterson 5700 East Franklin Road, Suite 200 Nampa, Idaho 83687-8402 208-466-9272 Ext. J 1] ms(@whitepeterson. com Confidentiality Notice: This email message may contain contidential and privileged infonnation exempt from disclosure under applicable law. If you have received this message by mistake, please notify us immediately by replying to this message or telephoning us, and do not review, disclose, copy:, or distribute this message. Thank you I 9/22/2003 ADDENDUM NO.1 TO AGREEMENT FOR CITY-ATTORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER 18, 2002 The following is an addendum to that certain Agreement For City Attorney/Civil Legal Services between the City of Meridian, a municipal corporation organized and existing by virtue of the laws of the State of Idaho (hereinafter referred to as "City"), and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., an Idaho corporation (hereinafter referred to as "White Peterson"), specifically to the sections pertaining to 2.1 Definitions - Additional Legal Services, 2.2 - Retainer Legal Services, 4.1 Payment For Services, and 5 - Term, which are subsequent to entering into of the original Agreement For City Attorney/Civil Legal Services dated November 18, 2002. The parties hereto agree as follows: 1. Pursuant to Sections 5 and 9 of the original Agreement, Section 5 regarding the Term of the Agreement is modified to read as follows: TERM: The term of this Agreement shall commence October 1,2003 and shall continue until September 30, 2004, subject to renewal or extension as set forth in the original Agreement. 2. Pursuant to the Definitions under Section 2.1 and Section 2.2 of the original Agreement, Section 2.1 Additional Legal Services and Section 2.2 Retainer Legal Services are modified to read as follows: 2.1 "Additional Legal Services" means and refers to representing the City in litigation, including arbitration, brought on behalf of, or against, the City which is not covered under the City's insurance policy or policies; representing the City in prosecuting or defending claims (before litigation is filed) not covered by the City's insurance policy or policies; representing the City in collective bargaining matters; drafting recommendations, findings, or orders for development application decisions (planning and zoning matters); personnel investigations and subsequent hearings; judicial confirmations and bond proceedings; formation of local improvement districts for infrastructure construction; impact fee committee attendance and related follow-up; construction bidding disputes; attendance at special City Council meetings when requested by the Mayor or Council President; services rendered in connection with preparation of Regulatory Takings Analysis authorized under I.e. &67-8003; and any other matter not included in the definition of "Retainer Legal Services" below. 2.2 "Retainer Legal Services" shall include attendance of the City Attorney (or if unavailable, anther White Peterson attorney as designated by the City Attorney) at four (4) pre-council meetings of the City Council per month, four (4) meetings ofthe City Council per month, one (1) City staff meeting per month, and attendance at quarterly joint City/Ada County Highway District meetings; attorney attendance at two (2) Planning and Zoning Commission meetings per month; preparation and revision of all City ordinances, resolutions, drafting and review of contracts and agreements concerning the City, and all other related legal work of the City; review of recommendations, findings, or orders for development application decisions prepared by City; routine telephone and personal conferences with City employees and officials including the Mayor and City Council members; subject to approval by the Mayor and Council, participation in Association of Idaho Cities Legislative Council matters including participation in drafting legislation and testimony before the legislature if requested by AIC; respond to all citizen inquiries regarding City ordinances other than those pertaining to criminal matters; participation in telephone and office conferences with builders or developers regarding pending development projects at the request of the Mayor, City Council, and/or City staff; review, comment, and drafting assistance concerning proposed City policies including human resources policies; participation and assistance in City's efforts to set a budget for the City's civil legal services for the next Fiscal Year; one (1) training session for Fiscal Year 2003-2004 for the Planning and Zoning Department employees regarding the Regulatory Takings Analysis authorized by I.C. &67-8003; and all other legal services as set forth in the Proposal submitted by White Peterson (Exhibit B to the original Agreement), excluding the legal services specifically identified therein as being provided outside the monthly retainer. 3. Pursuant to the Payment For Services under Section 4.1 of the original Agreement, Section 4.1 is modified to read as follows: 4.1 As compensation for all Retainer Legal Services, including all out-of- pocket expenses incurred by White Peterson in performing the Retainer Legal Services, City shall pay White Peterson the total sum of seventeen thousand eight hundred fifty and 00/1 OOths dollars ($17,850.00) per month. 4. Except as modified by this Addendum No.1, the original Agreement For City Attorney/Civil Legal Services between the City of Meridian and White Peterson dated November 18, 2002, is hereby ratified and confirmed. IT IS SO AGREED. IN WITNESS WHEREOF, the parties have executed this Addendum No.1 on this day of ,2003. CITY: CITY OF MERDIIAN BY: Mayor Robert D. Corrie ATTEST: BY: William G. Berg, Jr., City Clerk WHITE PETERSON: WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. By: Terrence R. White, President ATTEST: BY: Philip A. Peterson, Secretary STATE OF IDAHO, ) : ss; County of Ada, ) On this day of , 2003, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the Mayor and City Clerk, respectively, of the City of Meridian, and who acknowledged to me that they executed the same for the City of Meridian. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. . (SEAL) Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO, ) : ss: County of Ada, ) On this day of , 2003, before me, a Notary Public, personally appeared Terrence R. White and Philip A. Peterson, known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the President and Secretary, respectively, of White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P .A., and who acknowledged to me that they executed the same for White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: Z:\Work\M\Meridian\Melidian I 5360M\Administration\Adden No. I to Agmt for City Atty Civil Legal Servcies 09 03 03.doc ORDINANCE NO. tJ3-(t!J4-3 AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING ORDINANCE NO. 02-973 THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2002 AND ENDING SEPTEMBER 30, 2003. APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE RECEIVED BY THE CITY OF MERIDIAN, IDAHO IN THE SUM OF $803,225.00 AND PROVIDING AN EFFECTNE DATE. BE IT ORDAINED BY THE MA YOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Ordinance No. 02-973, the appropriation ordinance for the City of Meridian, Idaho, for the fiscal year commencing October 1,2002 and ending September 30,2003 be and the same is hereby amended as follows: That the additional sum of $803,225.00 be appropriated out ofthe revenues from Fund Balance and Others Sources and Fees, to be used for authorized activities. PROPOSED ADDITIONAL EXPENDITURES General Fund: General! Admin. Police Department Fire Department Parks Department Special Services TOTAL Enterprise Fund: Water & Wastewater GRAND TOTAL $ $ $ $ $ $ (26,400.00) (9,800.00) (45,922.00) 180,320.00 697.527.00 795,725.00 $ 7,500.00 $ 803,225.00 PROPOSED ADDITIONAL REVENUES I FUNDING SOURCES General Fund: Other Sources Special Services Revenues Special Services Fund Balance TOTAL $ $ $ $ 98,198.00 112,060.00 585.467.00 795,725.00 Enterprise Fund: Other Sources TOTAL $ $ 7.500.00 7,500.00 GRAND TOTAL $ 803,225.00 SECTION 2: This ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED by the City Council and APPROVED by the Mayor of the City of Meridian, Idaho, this ;!8 r~ day of September, 2003. r APPROVED: ATTEST: ,,\':'. Of M RI, 1111 " ..,:, V...d """ " ~... -M. " ~'(j O,?>POFl// (; 'Y ~ ~ .0 <'0 ~ ~ ~ ~ ~ ~ ~ - - WILLIAM G. BERG, JR., IT CLE~ SF2L \\ '~ ~ First Reading: 9"-Z8-0 3 "\ 7(/0(, ~ ,~1? 0 i Adopted after first reading by suspe.9,~ lhes' ~ft'f ~Rowed pursuant to Idaho Code 50-902 Yes: '>< """"11 CO~ ,'ii.",\" I111 \" Second Reading: - Illl/llIlli\\\\\ Third Reading: T CtKY\m~ ole W f.e.-YcA Cd6 CoLvv'-c...l7f(~(L.vcl STATE OF IDAHO,) S8. County of Ada. ) On this 2~r'o\ dayof ~.I.e..vvl.~ ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared R~ERT D ~oJ}Rm and WILLIAM G. BERG, JR., known to me to be,thcMay~ an~~tyClerk, respectiv~&VO~l1:mffferidian, Idaho, and who executed the within inGirtlli~\if~1{a3~&kll~wledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ........llIJl1oll' 0.0 .N~~~. 0 . (). II.. /~."6T~;',:e~. ()nCVl Wl~ ~ (SEAL) :~/ "';"" or \r<'~ NOTARY PUBLIC FOR IDAHO '" : I I!l 11 ' tflf I.,.fl~ L U (_-.. : 1 J: RESIDING AT:...L:irZa ~ ~ 17ftWW ~ \ J: MY COMMISSION EXPIRES: if -1 g-OS ..t}~~lC./OiJ Z:\Work\M\Mcridian\Metidian 15~~~ mtRJSJtli~nendedAppOrd2003-04.doc +. OFlV"". ........... CITY OF MERIDIAN ORDINANCE NO. 03- I tJ ff BY: /~.ifA-l3/rtt AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 9-1-5 APPLICATION FOR WATER SUPPLY, SECTION 9-1-20 PAYMENT OF USER CHARGES; LATE FEE, SECTION 9-1-21 DELINQUENCIES; CITY PROCEDURE, AND SECTION 9-1-24 WATER FUND AND OF CHAPTER 1 TITLE 9 WATER USE AND SERVICE, AND SECTION 9-4-28 DELINQUENCIES; CITY PROCEDURE OF CHAPTER 4 TITLE 9 SEWER USE AND SERVICE; PROVDING FOR THE ADDITION AND DELETION OF LANGUAGE PERTAINING TO UTILITY BILLINGS; PROVIDING FOR CONFLICTS, VALIDITY, SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO SECTION 1: That Section 5 Application for Water Supply of Chapter 1 Title 9, be, and the same is hereby amended, and shall now read as follows: 9-1-5: APPLICATION FOR WATER SUPPLY: A. Application Required: Whenever any e-wRef person desires to obtain a supply of water from the City waterworks, he shall make illllilY application therefor in v/riting to the Superintendent of the Waterworks Water Department for service and sign an agreement and agree to be governed by such rules and regulations not inconsistent with this Chapter, as may be prescribed by the Mayor and City Council for the control of the water supply. B. Contents Of Application; Grant Of Application: 1.New Construction: The applicant must state the location, kffid ~ of building and uses therein, and the entire area of the ground to be supplied, and fully and truly state Utility Billing Directive Ordinance Page 1 of7 the purpose for which the water is to be used, and shall furnish a set of floor plans showing all water llS~S and a site plan ifthe water is to be used for irrigation. \Vhereupon, ilfthe application is granted, the Superintendent of the \Vaterworks Water Department may authorize the extension, at the expense of the applicant, and at no expense to the City, the service pipe and meter tile, meter yoke, meter tile lid, curb stop and any other fittings that are necessary to install service to the inside line of the curb at the point most convenient for supplying the applicant. 2. Existing Water Service: In the case of an existing water service connection, if the real property or improvement is sold or otherwise transferred, the person entitled to possession shall make application to the Municipal Billing Department to transfer the account. and shall supply the department with all information requested by the department. 3. Third Party Billing: After establishing an account for water service. a property owner may direct that a third party. such as a property management company. or a tenant. receive the billing for water, sewer. and solid waste collection services. The third party to whom the billings are sent shall also execute such documentation as is necessary to confirm the billing information. In the event such an account becomes delinquent. the Municipal Billing Department shall send a delinquency notice to the billing recipient, and the owner. at the addresses contained in the agreements. The City will charge a third party billing account set up fee which must be paid at the time of the application. The fee will be set by resolution of the City Council. The third party billing agreement shall also provide that the property owner remains primarily responsible for charges assessed to the account, and further, that all unpaid charges constitute a lien against the real property. An owner may appoint an agent, to act for the owner, to establish an account, receive billings, or do anything else an owner may do. or be required to do, pursuant to this code. C. Street Paving: In cases where street paving is contemplated, the abutting property owners must either connect their premises with the water mains before the trench is backfilled or pay the cost of service from the main to curb if made thereafter. (Ord. 476,4-21-1987) SECTION 2: That Section 20 Payment of User Charges; Late Fee of Chapter 1 Title 9, be, and the same is hereby amended and shall now read as follows: 9-1-20: PAYMENT OF USER CHARGES; LATE FEE: All water charges shall be due and payable to the Clerk bet?roen the first and tenth day of each calendar month for tho billing from the previous month Municipal Billing Department fifteen (15) days after the date of the billing statement. Upon failure to pay the same, as proscribed within the time allowed. the water user, each OVlllor shall pay, in addition to the amount due, a fine often dollars ($10.00) late payment penalty as set by Resolution of the City Council. Utility Billing Directive Ordinance Page 2 of7 SECTION 3: That Section 21 Delinquencies; City Procedure of Chapter 1 Title 9, be, and the same is hereby amended and shall now read as follows: 9-1-21: DELINQUENCIES; CITY PROCEDURE: A. Termination Of Service; Notice: The City Clerk Municipal Utility Billing Department shall furnish monthly each property ovmer on the first of each month water user a statement of the amount due for water and sewer and other charges for the preceding month or up to the time that the meter has been read; and for other charges relating to the '.vater system; and if any owner neglects to water user does not pay his wat-er bill by the tenth day of the month the billing within fifteen (15) days from the date of the statement, or shall fail or refuse to pay the water bill in that time period, the water userts account shall be delinquent. Ovmers Water users shall be notified by regular mail of this delinquency and if the bill is not paid in full within ten (10) days after service of this notification on the ffiVflef water user, the right to water shall cease and terminate unless the owner requests a pre-termination hearing. Should the ffiVflef water user not request a pre-termination hearing... or if an adverse decision is rendered against the owner as a result of the after a pre-termination hearing, the City may require the owner to pay the delinquent water bill attributable to the use, plus a teE: dollar ($10.00) turn-on charge as a condition ofr8ceiving resumption of water service again, and in the event the water meter must be has been removed, an additional fifty dollar ($50.00) fee must be paid as a condition ofrecei':ing resumption of water service again. Any ovmor not using water after the first of the month, or in case a meter is used after the meter has been read, must report the same to the City Clerk and have the water shut off, and ifhe fails to do so, the full amount for said month must be paid. No allowance will be made for nonuse for less than one month. All corrections as to the charge and all abatements shall be made under the direction of the Mayor and Council and shall be certified by the City Clerk Finance Director,-and all '.'1-uter bills must be paid by the ovmer of the property upon which the same is used and not by the tenants thereof. B. Right To Hearing: 1. The City, in its delinquency notice to all water users and owners, shall inform them in writing all owners of their right to a pre-termination hearing, with such hearing to be held with the due process protection described below. If a pre-termination hearing is requested by any water user +1he City will not discontinue water service to any owner's property water user prior to a fair and impartial hearing, after timely and adequate notice and an opportunity to confront witnesses, to personally appear with retained counsel to be judged on facts adduced at the hearing and to otherwise be heard and defend the claim made by the City, if a pre termination hearing is requested by any oymer. The City Council shall have the responsibility of holding pre- termination hearings. The City Council shall make a record of aflj' all pre-termination hearing~. The City Council shall render its decision in writing, giving the reasons for its determination. In decisions adverse to the ovmer water user, the City Council Utility Billing Directive Ordinance Page 3 of7 will inform the water consumer user of the right to appeal the decision pursuant to the Idaho State Administrative Procedures Act 29 . 2. Provided, however, the City shall not initially deny or discontinue water service to any ewB:ef water user because of any delinquent water bill on that premises that is attributable to the prior owner. However, any and all unpaid water charges shall be a lien against the property as provided below. The City may initially deny water service to any ewB:ef water user who requests service at a new location when that evfflef water user has a delinquency at any previous location or premises. Provided, further, that the City shall not initially deny water service to any evfflef water user for whatever reason without informing the 6WHef water user of the right to a hearing before the City Council on the issue of whether the City can initially deny water services. In the case of an initial denial of water service, the City is not required to provide water service pending a hearing. However, a hearing upon request of an eWBef water user initially denied water service shall be held as expeditiously as possible and held in the manner and accordance with the procedures for pre- termination hearings delineated above. C. Lien Imposed: Where allowed by law. Af!:ll delinquent charges or fees, as provided by this Section, not paid after the final determination of the delinquent account, shall be imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed; and the Clerk shall, at the time of certifying the City taxes, certify such delinquencies together with all penalties to the Tax Collector of Ada County, and when so certified, the same shall be a lien upon the property. All monies collected by the Clerk under the provisions of this Section shall be paid over to the City Treasurer in the same manner as is required for the payment of other City monies. (Ord. 476,4-21-1987) D. Security Deposit: Upon application for new service. or upon reconnection for existing service which was terminated for nonpayment. the City may require a water user to pay a deposit in an account to be determined in accordance with policies established by resolution of the City Council. SECTION 4: That Section 24 Water Fund of Chapter 1 Title 9, be, and the same is hereby amended and shall now read as follows: 9-1-24 WATER FUND: All fees and charges received and collected under the authority of this Chapter shall be deposited and credited to a fund to be designated as the Water Fund within the Utility Enterprise Fund. The accounts of said Fund shall show all receipts and expenditures for the maintenance, operation, upkeep and repair of the domestic water system and any payments into a sinking fund established for the purpose of paying principal of and interest on the water indebtedness of the City which shall from time to time be outstanding. As provided by law, when budgeted and appropriated, the funds and credits to the account of the Water Fund shall be available for the payment of the requirements Utility Billing Directive Ordinance Page 40f7 for the maintenance, operation, repairs and upkeep of the domestic water system of the City, and to the extent .legally available, for payment into a sinking fimd established for the payment of the principal and interest on any water bond indebtedness of the City which shall from time to time be outstanding. (Ord. 476, 4-21-87) SECTION 5: That Section 28 Delinquencies; City Procedure of Chapter 4 Title 9, be, and the same is hereby amended, and shall now read as follows: 9-4-28: DELINQUENCIES; CITY PROCEDURE: A. Termination Of Water Service For Nonpayment: If a sewer user has not paid his monthly charges by the tenth of the month the billing within fifteen (15) days from the date of the statement, it shall be deemed delinquent. The City shall follow the procedure set forth in Section 9-1-21 of this Title for termination of water services, and shall cause the water supplied to said sewer user to be turned off from the premises, the City taking notice that, without water, the sewer system of the user cannot be used and shutting off the water is the only way to prevent the use of the sewer for nonpayment; provided, if the charges are not paid within ten (10) days after the delinquency notice, and ifno penalty is due for nonpayment of water charges, an additional penalty of one dollar fifty cents ($1.50) or as set by fifteen percent (15%) of charges due, ',vhiche';er is greater, Resolution of the City Council will be added to the account and must be paid to restore service. B. Lien Against Property: Where allowed by law, A.eJI delinquent charges or fees, as provided by this Chapter, not paid after the final determination of the sewer user's account shall be imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed, and the City Clerk shall, at the time of certifying the City taxes, certify such delinquencies together with all penalties to the Tax Collector of Ada County, Idaho, and when so certified, the same shall be a lien upon the property and will be collectible as other taxes. C. Use At New Location: The owner of any property leaving a delinquency in sewer fees at any location shall not be entitled to the use of the sewerage system at any new location until all fee delinquencies are paid. D. Disposition Of Monies Collected Sewer Fund: lJI monies collected by the City Clerk under the provision of this Section shall be paid oyer to the City Treasurer in the same manner as is required for the payment of other City monies. (Ord. 376, 7 7 1980) All fees and charges received and collected under the authority of this Chapter shall be deposited and credited to a fund to be designated as the Sewer Fund within the Utility Enterprise Fund. The accounts of said Fund shall show all receipts and expenditures for the maintenance, operation, upkeep and repair of the domestic sewer system and any payments into a sinking fund established for the purpose of paying principal of and interest on the sewer indebtedness of the City which shall from time to time be outstanding, As provided by law. when budgeted and appropriated. the fimds and credits to the account of the Sewer Fund shall be available for the payment of the Utility Billing Directive Ordinance Page5of7 requirements for the maintenance. operation. repairs and upkeep of the domestic sewer system of the City. and to the extent legally available. for payment into a sinking fund established for the payment of the principal and interest on any water bond indebtedness of the City which shall from time to time be outstanding. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 8: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. SECTION 9: DATE OF EFFECT: This ordinance shall be in full force and effect after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ;;Z ~rd. day of ~k:n./Mv ,2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 'J,:grd... day of .J2;P~6vr- ,2003. ATTEST: f...?Co"-~ Iru/de-.A::-- Utility Billing Directive Ordinance Page 60f7 STATE OF IDAHO,) "ss, County of Ada, ) On this 7- ~yc\ day of 8t!,~~ ,2003, before me, the /\OLVV'-\'V'-() J_e.J/eerd. undersigned, a Notary Public in and for said State, personally appeared RODERT B. G8Rlti~and WILLIAM G. BERG, JR., known to me to be the~ and Cit?,pClerk, ;t respectively, of the City of Meridian, Idaho, and who executed the w'rtlJ1'>~~~~t~~ acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) .._Ill...,,, .- N SA!.. .. ,,----~~~+. . ,'''' A )0,.'..< ~" .. / 0 11.~ ~J-. '",\.:p... .(;01 .<; \ III iii I \ .. II : ; III II , f II . , , e o ' , €I .'\ 1"/0. .. _n.... br_ :\.v,~' 4> . U'. .....':, U.tU.."..." Co <> ~,.;.,---~~ + +.~7.".c; OF l>':.<> "-"11I11I""'''' % nOJl4Y\~~ -{-hJ NOTARY PUBLIC FOR IDAHO RESIDING AT: IJdvt {{)Ul--(6t:s JJ~0 MY COMMISSION EXPIRES: -1-28-05 Z:\Work\M\Meridian\Meridian 15360M\Ordinances City Hall\2003 Ord\BillingDirectiveOrd 08 27 03.doc Utility Billing Directive Ordinance Page70f7 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRA v, ROSSMAN, NVE & ROSSMAN, P.A. KEvIN E. DINIUS JULlEKLElN FJSCliER WM. F. GIGRAY, In T. GUY HALLAM' JILL HOLINKA D. SAMUEL JOHNSON WILLIAM A. MORROIV WILLIAM F. NICHOLS' CHRISTOPHER S. NYE PHILIP A. PETERSON ERICA S. PHILLIPS ERIC S. ROSSMAN TODD A. ROSSMAN TERRENCE R. WHITE" NICHOLAS L. WOLLEN ATTORNEYS AT LAw NAMPA OFFICE 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-8402 TEL. (208) 466-9172 FAX (208) 466-4405 'Also admitted in OR ,. Also admitted in W A August 27,2003 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 03-/tl4-4-, (Utility Billing Directive Ordinance Amending Sections 5,20,21, and 24 to Chapter 1 and amending Section 28 to Chapter 4 Title 9) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for Utility Billing Directives Ordinance Amending Sections 5, 20, 21 and 24 to Ordinance Chapter 1 and amending Section 28 to Ordinance Chapter 4 of Title 9 for Summary Ordinance for the City of Meridian, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public ofthe provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions ofIdaho Code ~ 50-901(A). ;!& Enclosure Z:\Work\M\Meridian\Meridian 1 5360M'Ordinances City Hall\2003 Ord\Berg Utility Billing Amendmtto sections 5, 20, 21 and 24 Chapt I Title 9 Sum Ord Ltr 08 27 03.dcc NOTICE AND PUBLISHED SUMMARY OF O~INANCE PURSUANT TO I.e. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 03- / tJ 1-4- PROVIDING FOR AMENDMENTS TO TITLE 9 CHAPTER 1 SECTIONS 5,20,21,24 AND TITLE 9 CHAPTER 4 SECTION 28 TO THE SEWER AND WATER ORDINANCE An ordinance of the City of Meridian amending Sections 5, 20, 21 and 24 of Chapter 1 and Section 28 of Chapter 4 of Title 9 of the Meridian City Code by the addition and/or deletion of language to define the process for the application for water service, to direct where water payments shall be made and the time allowed for payment, to provide for termination of water and sewer service if an account is delinquent and to provide a right to hearing, and where allowed by law that liens shall be imposed on delinquent accounts, and to provide for fees and charges received and collected under the designated Water Fund shall be held in a Utility Enterprise Fund. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idah~O Meridian, Idaho. This ordinance shall become effective on the 2'3 I'd.- day of ~k4'Yv6-fA) ,2003. ,1\\lllltlllltl/lf II ME tfl ",II Of ~ RID 11/" " -",\ Y..t '/ "" ,'" 0 'A. 'l ~ (j o?o.f>;'VJ " . v ~ 2' ..0 .. f~<) ~ :::.:s" ~ - - - - ~ SEAL ~ PJ == "1'G (.~ == / _ OU<-. ~ "'.p:: -~ '.() ":"r1~""\' t~-$' '/ ~ ...(\,. " // -1 C \v ,'- //llt OUNT'" , II"" a /J3 n'2 Ilf/fllllllllll\\\\' First Reading: y-.?- -v~ Adopted after first reading by suspension ofthe Rule as allowed pursuant to Idaho Code 50-902: YES X NO Second Reading: Third Reading: ~~/J City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk Z:\Work\M\Meridian\Meridian I 5360M\Ordinances City HalJ12003 Ord\Sum Ord Utilily Billing Directive Amend secs 5, 20, 21 and 24 Ord 0827 03.doc Summary Utility Billing Amended Ordinance Chapters I and 4 Title 9 Page 1 of 1 ADA COUNTY RECOP'~.. ~l\ J. DAVID NAVARRO BOISE IDAHO 091301;:.. J2:16 PM DEPUTY Kalhy Ingraham 1111\1 REC~~DED,-REQUEST OF 1111111111\11111111111111111111 Meridian City 103165977 AMOUNT .00 6 CITY OF MERIDIAN ORDINANCE NO. 03- (04-7 AN ORDINANCE FINDING THAT, SJJV, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT 360 EAST MONTVUE DRIVE, MERIDIAN, TO BE KNOWN AS MONTVUE MEDICAL CLINIC 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 ANNEXA TION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L-O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property, to-wit: A parcel ofland for the purpose of annexation being Lot 2 and the East 40.00 ofLot3 and the south and easterly half of Montvue Road adj acent to said Lots all being in Block 5 of Mont vue Park Subdivision as recorded in Book 17 of Plats at Pages 1107 and 1108 located in the NW '!4 of Section 16, T.3N., R.1E., B.M., Ada County, Idaho and more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ-03-004) PAGE 1 OF 4 Beginning at a 5/8 inch rebar marking the SE comer of said Lot 2 thence along the South line of said Lots N88046'46" W a distance of287.35 feet to a point; Thence leaving said South line NOOoOO' 42" E a distance of 176.92 feet to a point on the centerline of said Montvue Road; Thence along said centerline S89004'00" E a distance of 40.33 feet to a point; Thence along the arc of a curve to the left having a radius of 39.47 feet, an arc length of 62.58 feet, a central angel of 90050' 47", and a chord bearing N45030'37" E a distance of 56.23 feet to a point; Thence leaving said centerline S89004'OO" E a distance of207.55 feet to the NE corner of said Lot 2; Thence along the East line of said Lot 2 SOOo II '07" W a distance of 218.41 feet to the POINT OF BEGINNING. Said parcel contains 1.37 acres more or less and is subject to all existing easements and rights-of-way of record or implied. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Limited Office District (L-O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 ofthis ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the /6-f!l day of J<pfR;i-t ~, 2&0:3 , and that the uses are to be developed under the planned unit f development process and conditional use permit process. ANNEXATION AND ZONING ORDINANCE (AZ-03-004) PAGE 2 OF 4 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 ofthe City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State ofIdaho, all in compliance with Idaho Code 963-2215 and 950-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2:3 r:::!:: day of .J"'~kr-~ ,2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 23r5- day of ~khrv~ ,2003. ~,,~ \\\\\1 LIlt 11/11/ \\\\ r: ~IJJ:':" ///1 ,,\' _I o~ 1~".;:.Ft/!) 11// " ~.... ~ /..;.. f c} ov.pon.<j 1:; ''1,;....~ .::: ,0 ('0 ~ ::: ~ ~ J~ ,b~/'.{ ~ {"' 6' ~ CITY CLERK . ~ ..M ~u ",0 0 2 First Reading: 9- 2-3--tJ 3 ~/, 0-1 oS! }G\' ~ g ''i C \V $" ///11 OUNT'!' ",...... II, \\\ 11 III il I 1"\\\\ ANNEXATION AND ZONING ORDINANCE (AZ-03-004) PAGE30F4 ATTEST: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902 Yes: X No: Second Reading: Third Reading: STATE OF IDAHO,) : ss. County of Ada) . (l/( On this 1 ~ day of ~~n b.<Jl , 2003, before me, the undersigned, a Notary Public in and for said State, personallyappe ed ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. II.. 9"S "110 ..~Q:tLS~Q. ~~"O 'fAj?',,{;:. (1. (' :.Cf:J/~ A'\~,\ 1)~IlJlUyt (7\'li~~ (SEAL) : : : : NOTARY PUB Ie FOR IDAHO , ~ \ i : RESIDING AT: AdGl IJ)(Ml1ti'6 ! ,Jol GG ~"",!bnLl~/O.. MY COMMISSION EXPIRES: I{ - 2~ -D"i ..~?;;:,---~~.. .....lj"OF~o. ."'''.11'11. z:\ Work\M\Merid ian\Merid ian 15360M'MonlvlIc Medical Clin ic AZ-03-004 \AZOrd REVISED 06 23 03.do;; ANNEXATION AND ZONING ORDINANCE (AZ-03-004) PAGE 4 OF 4 o a:.~ o . :x: $ (,) ~ ~ ~u1I}.lI}.l~ ~~~SS~ O?~B~~~ <11:. 'b'm'm'b uJtoOCOCOO d;I~Z.(/)(/)(/) "Z Q t1:iJ uJ~ ~~ o 0 ~~ o"Z :x: ~(,) ~ l-Ul W<5 ;> z ~ ~<I1:b (,)<11:~ ';j8 \J.1 o '6\0 l-:: ~ ~ l-:X:~~('}'S~ ~'<5r-:<6~'Ci~ :::1@~';:"'fNt"I ...l (/) ?~ ~$ a:. :x: '<5 $, m~ ...l u.l '" .... <J:J .... ~<.) ~- "-2- \ \_ 0 ~ :.J ~ ~ <.) w :; uJ t\I , ..... """-\:::~ 64"O~~ -z. (,) .z.. C2. Ii 0 _ (<l UluJ~ 't3 8 ~ ~~g. ...,. \,J.O..... ~ "Z ~ ~ c \J.-Ou1~ -. ,,' 0 ~- 'Z \,J.O '-5 )- ~ fu _? (l) \- -:is o'/cn........u.I (t.~ O~ OZ <.0 o ~ ..... .J o u.."Z. Oz. 'i~ _0 ~'M ~ g~ ~'Z ~~ ~.J ';:t.4. 39 .in 'm~ Q. (/) ~ \ a:. o (/)~ ~~ WID :.:J .' <11: S (,) ~ (/)0 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho 1, WILLIAM G. BERG, JR., City Clerk, ofthe City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03- 1045'" , passed by the City Council of the City of Meridian, on the Z'Jrf5 day of.Jep*,ht.~ ,2003, is a true and correct copy of the original of said document which is in the care, custody and control of the City CI k f h C. fM 'd' \\\\1111I11111 er 0 t e Ity 0 en lall. ",,\~\\\ Of Mi:.R~~III/11 " ~ '\ ____.~~ II .::::~ c} ~POR:.'" -1,1.- ~ .:::- CP I1r~, -;:.. :: ~~ "0 ~ ss. STATE OF IDAHO, ) ) On this ~ 1o{d day of ~erp~ kwt , in the year 2- (1)3 Sh,O-,nfY1 ?)yvulh. , 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. County of Ada, , before me, (SEAL) "lIIOlaCl/(/41 ..ON SA~<I> ~. -----~~";l/-~. .,~ ,~. . o ,.. O"f~~~~O,. iii ; ~ >t"" \;Y""-' .~, "'Y- \ .. . I \ III II : : III II . , . = , ; ~ . \ , Q . ~ ; lit o. .~".. br-1C,,~/O. v~ ....~ u.tu...., 41- 1> )>...,~----.;.-.. <> ..-:~.l;\COF 1Y..+ It Q.... '" "," Z hOJ10Y\~i?u Notary Public for Idaho Commission Expires: 1-lg ~(}5 Z:\ Work\M\Meridian\Meridian 15360M'Montvue Medical Clinic AZ-03-004\CertificationOfClerkOrd.doc CERTIFICA nON OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-03-004 RESOLUTION NO. tl:3 -1-12- BY: IJ/!! /I.!tU-fj A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO ALLOW, ON BEHALF OF SAID MUNICIPALITY, AN "ANNUAL CPI RATE ADJUSTMENT FOR SOLID WASTE COLLECTION SERVICES" WITH SANITARY SERVICE CaMP ANY, TO PROVIDE FOR THE SOLID WASTE DISPOSAL RATE CHANGES WITHIN THE CITY OF MERIDIAN, DATED THE 1 ST DAY OF OCTOBER, 2003, BY AND BETWEEN THE CITY OF MERIDIAN AND SANITARY SERVICES COMPANY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, the franchise agreement between Sanitary Service Company and the City of Meridian provides for rate adjustments tied to the corresponding Consumer Price Index (CPI); and WHEREAS, Sanitary Service Company has provided detailed information regarding the CPI, which information has been reviewed by the Mayor and City Council; and WHEREAS, the requested increases in solid waste collection fees are reasonable and in compliance with the franchise agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and City Clerk are hereby authorized to allow, on behalf of the City of Meridian, that certain memorandum dated September 15, 2003 from Sanitary Services Company to provide for solid waste disposal rate changes within the City of Meridian with SANITARY SERVICE COMPANY, for ANNUAL CPI RATE ADJUSTMENT FOR SOLID WASTE COLLECTION SERVICES for rate changes, effective the 1 st day of October, 2003, a copy of SOLID WASTE DISPOSAL RATE CHANGES RESOLUTION PAGE 1 OF2 which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN~ IDAHO, this 2?;~ day of S;pi-eJ?v1.J.vv ,2003. APPROVED BY THE MA YOR OF THE CITY OF MERIDIAN, IDAHO, this Z 3r! day of ~'piej';v6vv ,2003. ATTEST: - - - JI~ CITY CLERK Z:\Work\M\Meridian\Meridian 15360M\SW AAC\SolidWasteDisposalRateAddiition 09 18 OJ.do:: SOLID WASTE DISPOSAL RATE CHANGES RESOLUTION PAGE 2 OF2 ed,;b,--f "1/" / 0+ c3- Miscellaneous Services Refrigerator pickup (Current) Refrigerator pickup (Proposed) Overflow Cleanup (Current) Overflow Cleanup (Proposed) $ 32.45 $ 33.10 $10.85 for 5 min, $1.09/min thereafter $11.05 for 5 min, $1.11/min thereafter Roll Off Services (Current) $97.70/haul + disposal + franchise fees (Weekdays) $146.60/haul + disposal + franchise fees (Weekends) Extra services $ 80.92 per hour Roll Off Services (Proposed) $S9.50/haul + disposal + franchise fee (Weekdays) $149.50/haul + disposal + franchise fees (Weekends) Extra seNlces $ 82.38 per hour Roll Off Container Rental (Current) 20Yd $ 2.31 per day $ 66.07 per month 30Yd $ 2.89 per day $ 80.76 per month 40Yd $ 3.14 per day $ 92.29 per month Roll Off ContainRent (Proposed) 20Yd $ 2.35 per day $ 67.26 per month 30Yd $ 2.94 per day $ 82.21 per month 40Yd $ 3.20 per day $ 93.95 per month Landfill Rates (Current) Demo Compact Wood Size SW Dump Dump Dump Waste 20Yd $ 53.00 $ 116.60 $ 84.80 $ 26.50 30Yd $' 79.50 $ 174.90 $ 127.20 $ 39.75 40 Yd $ 106.00 $ 233.20 $ 169.60 $ 53.00 Wood $ 1.33 peryd NoncompactedJ1oose $ 2.65 per yd Demolition .$ . 5.83 peryd Compacted $ .4.24 peryd Tires $ 1.59 each Refrigeration Units $ 10.60 each Voluntary Commercial Cardboard Collection To encourage participation in the commercial cardboard recycling program, we are proposing a reduction in the commercial cardboard collection rates. Service is provided once per week, on Tuesday's. Multiple collection days will be added in the future as the need arises. First Container $ Second Container $ CUrrent 48.51 per month 33.45 per month Proposed $ 38.00 per month $ 30.00 per month bJ,....b;f ''/l " d."f ~ CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 2'3f'!!:. day of ~1-en--1rrA. ,2003, the following action has been taken and authorized. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO ALLOW, ON BEHALF OF SAID MUNICIPALITY, AN "ANNUAL CPI RATE ADJUSTMENT FOR SOLID WASTE COLLECTION SERVICES" WITH SANIT AR Y SERVICE COMPANY, TO PROVIDE FOR THE SOLID WASTE DISPOSAL RATE CHANGES WITHIN THE CITY OF MERIDIAN, DATED THE 1 ST DAY OF OCTOBER, 2003, BY AND BETWEEN THE CITY OF MERIDIAN AND SANITARY SERVICES COMPANY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, the franchise agreement between Sanitary Service Company and the City of Meridian provides for rate adjustments tied to the corresponding Consumer Price Index (CPI); and WHEREAS, Sanitary Service Company has provided detailed information regarding the CPI, which information has been reviewed by the Mayor and City Council; and WHEREAS, the requested increases in solid waste collection fees are reasonable and in compliance with the franchise agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and City Clerk are hereby authorized to allow, on behalf of the City of CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN PAGE 1 OF 2 Meridian, that certain memorandum dated September 15, 2003 from Sanitary Services Company to provide for solid waste disposal rate changes within the City of Meridian with SANIT AR Y SERVICE COMPANY, for ANNUAL CPI RATE ADJUSTMENT FOR SOLID WASTE COLLECTION SERVICES for rate changes, effective the 1 st day of October, 2003, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. ,\\\\lllllllll/JIII \\ f Mr- II ~ ",\\ ~ 0 r..::FiID, 111// ......'{:o. ~'l"'" ~A. - {l ! 0 ,CP?>poFi41; '1- 'l ~ ~ /,L; /~l. IT . g ~ ~ \V!LLIAM G. BERG, J . - - - - ~ SEAL ~ ~"Yv- {?:::- : ss. -::-""'<9 Qu ....C5 0 .:::- ) ~'O '&'1$1' .~ ~ ... A'J 0- .;;- '/.'0 <'\t........ . ....../1 OUl\lTv \v \", tt\ /11 1'\..1' \\\' Qn this 1-'3 ' day of I I IV\J1!.Ib'e?" in the year 2003, before me, ~h(lX b\f\.;<;(vl.-'~~ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk, respectively, 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. STATE OF IDAHO, ) County of Ada, (SEAL) .aRalla4- ...ON SA~O ..~~-----~~~.. .~~,:;:o 'fA.l?;:"~." -co I ""Y \ .. a I , .. a : : II 1\ I I .. D , , . II \ I Er " .. f Ii> ". .:...... brr-1C/~' 0 Ii> u"' ....-:, Ul:S1.J; 0 .. )>~.,.;.,----,;, ~ ~ ..i"oCOF p.-;,... -..mElt!;. SheLr O\-', hI vu "-1:0... Notary Public for Idaho Residing at: AdO{. (OU'fttvl -lcf a lw Commission Expires: i .! 28-05 Z;\Work\M\Meridian\Mcridian 15360M'SW AAC\SolidWaste DisposalRateAddCert.Clk 09 18 03.dro CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN PAGE20F2 biz:l:J~'.f ')1 " I of! d- Miscellaneous Services Refrigerator pickup (Current) Refrigerator pickup (Proposed) Overflow Cleanup (Current) Overflow Cleanup (Proposed) $ 32.45 $ 33.10 $10.85 for 5 min, $1.09/min thereafter $11.05 for 5 min. $1.11/min thereafter Roll Off Services (Current) $97.70/haul + disposal + franchise fees (Weekdays) $146.60Ihaul + disposal + franchise fees (Weekends) Extra services $ 80.92 per hour Roll Off Services (Proposed) $99.S0/haul + disposal + franchise fee (Weekdays) $149.50/haul + disposal + franchise fees (Weekends) Extra services $ 82.38 per hour Roll Off Container Rental (Current) 20Yd $ 2.31 per day $ 66.07 per month 30Yd $ 2.89 per day $ 80.76 per month 40Yd $ 3.14 per day $ 92.29 per month Roll Off Contain Rent (Proposed) 20Yd $ 2.35 per day $ 67.26 per month 30Yd $ 2.94 per day $ 82.21 per month 40Yd $ 3.20 per day $ 93.95 per month Landfill Rates (Current) Demo Compact Wood Size SW Dump Dump Dump Waste 20Yd $ 53.00 $ 116.60 $ 84.80 $ 26.50 30Yd $' 79.50 $ 174.90 $ 127.20 $ 39.75 40Yd $ 106.00 $ 233.20 $ 169.60 $ 53.00 Wood $ 1.33 peryd Noncompactedlloose $ 2.65 peryd Demolition $' 5.83 peryd Compacted $ 4.24 peryd Tires $ 1.59 each Refrigeration Units $ 10.60 each Voluntary Commercial Cardboard Collection To encourage participation in the commercial cardboard recycling program, we are proposing a reduction in the commercial cardboard collection rates. SeNice is provided once per week, on Tuesday's. Multiple collection days will be added in the future as the need arises. First Container $ Second Container $ Current 48.51 per month 33.45 per month Proposed $ 38, 00 per month $ 30.00 per month Exlz j-6;1 'It" r:1 o+;L WHITE PETERSON KEvl" E. DINIUS JULIE KLEIN FISCHER WM. F. GIGRAY.lu T. Guy HALLAM' D. SAMUELJOHNSON WILUAMA. MORROW WILLlAMF. NICHOLS' CHRJSTOPHER S. NYE WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. PIIIUP A. PETERSON A TIORNEYS AT LAW NAMP A OFFICE ERICA S. PHltLlPS 5700 E. FRANKLIN RD.. ERIC S. ROSSMAN SUITE 200 ToooA. ROSSMAN NAMPA. tDAHO 83687-8402 TERRENCE R. WHITE" TEL. (208) 466-9272 NICHOLAS L. WOLLEN FAX (208) 466-4405 'Also admitted ill OR ,. Also admiJled in W A October 13, 2003 RECEIVED OCT 1 4 2003 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 City Of Meridian City Clerk Office Re: MKH DEVELOPMENT, INC. / SETTER COVE SUBDIVISION / FINAL PLAT - (FP-03-053) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy ofthe ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a calL Very truly yours, Wm. F. Nichols Z:\ Work\M\Meridian\Meridian J 5360M\Setter Cove Sub FP-03.053\ClerkFPltr 10 13 03.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF MKH DEVELOPMENT, INC. FOR APPROVAL OF 16 BUILDING LOTS AND 2 OTHER LOTS ON 10.284 ACRES IN AN R-4 ZONE FOR SETTER COVE SUBDIVISION, LOCATED EAST OF NORTH LOCUST GROVE ROAD AND NORTH OF EAST USTICK ROAD, MERIDIAN, IDAHO C/C 10/07/03 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-053 ORDER OF CONDITIONAL APPRO V AL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code ~ 12-3-7 on October 7,2003, 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: September 30,2003, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, and Pat Tealey, commented at the hearing, and the Council having considered the requirements ofthe preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT OF SETTER COVE SUBDIVISION, LYING IN THE SW 1,;, SECTION 32, TAN., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO 2003, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-03-053) Page 1 of4 PROJECT NO. 2324, SHEET 1 OF 2, 2324-Plt.dwg 06-27-03, HANDWRITTEN DATE: 6/27/03, TEALEY'S LAND SURVEYING", MKH Development, Inc., 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: September 30, 2003, listing 15 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 four pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their October 7,2003 meeting as follows, to-wit: 1.1 Comply with the conditions of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' 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. 1.2 Adopt the Recommendations 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-053) Page 2 of 4 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 storm water management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifYing that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 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 AFPROV AL OF FINAL PLAT I (FP-03-053) Page 3 of4 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 g 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 1fh day of () C+OVwv ,2003. Attest: \1\11I1t111l1/ Ma . y of:M.eridian.. \1\1 1/111 ,\\\\\--{ Of MEITlDl "~j/J/tfYl/.~.. c( ~ tv./U4-c:G ...' ~ '-1.". . /1_ - $.... CJ o\\POR", h ,:;;,,, "/' . v _ /-h fA/t~ ~ ~0 ~o r<e;!' L/V ::: ~ ~ ~ ~ ~ = B~~~~ William G. Berg, Jr., City' erk ~ 7C-~ 0;)& f ~ ~~ ^' 0'" ~ '1'<) &r 15\ . ~ 2' ~.#1 ~~....... ~~\'" $' Copy ~erved upon Applicant, the PlanniBw~4}~:qnif\g:"J?~tJ"artment, Public Works D~R~rtmFm~; and CIty Attorney. Iff!. { , _.,\" \\\\\\ of MEp::':"111 ...\ .('-{ I lV.i J'/ " ~... '4J. /" :f' C; c.o\\PoR..11;, '-"b '/-S f ~ ~ \ - - - - - - - - Dated: Z:\Work\M\Meridian\Melidiall [5360M\Setter Cove Sub FP-03-053\OrderFP.doc - ~ 1': O({ ,,05 0 g ~:o '&r 16\ ' ./. 2' ~ "''1 '0.~ v "" a \""" ,> //; .-n'r ,--',r ,v,":' //II!j~.J~~.....~.\; ~ "'i t .;.,..'-S-~'\ I,', ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-053) Page 4 of 4 MA YOR Robelt D. Corrie HUB OF TREASURE V ALLEY A Good Place to Live lEGAL DEPARTMENT (208) 466-9272 . Fax 466-4405 CITY COUNCIL MEMBERS Tammy deWeerct Keith Bird Cherie McCandless William L.M. Naty CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BUilDING DEPARTMENT (208) 898-5500. Fax 887-1297 PLANNfNG AND ZONfNG DEP ARTM ENT (208) 884-5533. FAX 888-6854 STAFF REPORT: Hearing Date: September 30, 2003 To: Mayor, City Council and Planning & Zoning Commission fll Sonya Allen, Planner I C ~ Bruce Freckleton, Senior Engineering Tech ~ From: Re: Setter Cove Subdivision · Final Plat approval of Sixteen (16) Single-Family Residential Building Lots and Two (2) Other Lots on 10.3 Acres in an R-4 Zone, by MKH Development, Inc. (File No. FP-03-053). 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, MKH Development, Inc., has applied for Final Plat approval of 16 single- family residential building lots and 2 other lots on 10.3 acres of land located approximately ~ mile north of E. Ustick Road and ~ mile east of N. Locust Grove Road. The zoning designation for the proposed subdivision is R-4 (Low Density Residential). This subdivision will have a gross density of 1.6 d.u./acre and a net density of 1.8 d.u./acre. 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 2 common area street buffer landscape lots which will be owned and maintained by the Setter Cove Homeowners Association. The pressurized irrigation system within this development will also be owned and maintained by the Setter Cove Homeowners Association. The submitted final plat complies with the approved preliminary plat. A variance request to exceed the maximum block length of 1,000 ft. was approved for this subdivision. Staff recommends approval of the final plat for Setter Cove Subdivision with the comments and conditions stated in this report. FP-03-053 EXHIBIT "A" 1 OF 4 Staff report Planning & Zoning Commission/Mayor & City Council Hearing Date: September 30, 2003 Page 2 LOCATION The proposed Setter Cove Subdivision is located approximately y,j mile north ofE. Ustick Road and y,j mile east ofN. Locust Grove Road. SURROUNDING PROPERTIES North: Charter High School and Elementary School, zoned R-4. West: Charter High School and Summerfield Subdivision, zoned R-4. East: Recently approved Parkstone Subdivision, zoned R-8. South: Summerfield Subdivision, zoned R-4. SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved preliminary plat (PP-03-001) and Development Agreement (Inst. No. 99056368). 2. The applicant has indicated that the Setter Cove Homeowners Association 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. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 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. 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 South Landscape Architecture, entitled L-l, dated June, 2003) is approved as submitted. 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 fp.03-053 EXHIBIT "A" 2 OF 4 Staff report Planning & Zoning Commission/Mayor & City Council Hearing Date: September 30, 2003 Page 3 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. 7. Complete the Certificate of Owners and accompanying Acknowledgment. 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. Complete the Irrigation & Access Easement Instrument No.'s indicated on the face of the plat along the southern & western boundaries ofthe subdivision. 10. Label the "Basis of Bearing" on the face ofthe plat. 11. Revise or add the following notes to the face of the plat: (7.) Delete reference to "Boise City" (lL) Add note: The pressurized irrigation system within this development is owned and maintained bv the Setter Cove Homeowners Association. (12.) Add note: The bottom elevation of house footings shall be set a minimum of 12" above the highest established normal groundwater elevation. f.llJ. Add note: 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. (ill Add note: No building permits shall be issued on any lots in this subdivision until the provisions of the recorded Development Agreement Instrument No. 99056368 have been fulfilled as determined by the City of Meridian. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. Provide a blow-up detail of the northwest comer of Lot 15, Block 1. 14. The sums of the individual lot segments along the subdivisions east boundary don't equal the overall boundary distance shown. 15. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate FP-03-053 EXHIBIT "A" 3 OF 4 Staffrcport Planning & Zoning Commission/Mayor & City Council Hearing Date: September 30, 2003 Page 4 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 subdivider1s 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. 4. Compaction test results must be submitted to the Meridian Building Department for aU 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 shaU 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 Setter Cove Subdivision with the above stated comments and conditions. 1'P-03-053 EXHIBIT "A" 4 OF 4 Staff repon WHITE PETERSON KEvIN E. DINIUS JULIE KLEIN FISCHER WM. F. GIG RAY, III T GUY HAllAM' D. SAMUEL JOHNSON WILLIAM A. MORROW WILLlfu\1 F, NICHOLS' CliRlSTOPHER S. NYE WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P .A. PHlLwA PETERSON ArrORNEYS AT LAW NAMPAOFFICE ERICA S. PHIlliPS 5700 E. FRANKLIN Rn.. ERIC S. ROSSMAN SUITE 200 TODDA. ROSSMAN NAMPA, IDAHO 83687.8402 TERRENCE R. WHITE" TEL (208) 466-9272 NICHOLAS L. WOLLEN FAX (208) 466-4405 'Also admitted in OR " Also admitted in W A October 14, 2003 RECEIVED OCT 1 4 2003 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 City Of Meridian City Clerk Office Re: LC DEVELOPMENT, INC. / BALTIC PLACE SUBDIVISION NO. 1 / FINAL PLAT - (FP-03-054) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols Z:\Work\M\Meridian\Meridian I 5360MlBaltic Place Sub No. I FP-03-054\ClerkFPltr 10 1403.dcc BEFORE THE MERIDIAN CITY COUNCIL C/C 10/07/03 IN THE MATTER OF THE ) APPLICATION OF L.c. ) DEVELOPMENT, INC. FOR ) APPROVAL OF 9 BUILDING LOTS ) AND 3 OTHER LOTS ON 3.11 ) ACRES IN A C-G ZONE FOR ) BALTIC PLACE SUBDIVISION NO. ) 1, LOCATED 1095 EAST ) FRANKLIN ROAD, MERIDIAN, ) IDAHO ) ) CASE NO. FP-03-054 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 7, 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 7, 2003, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, and Clint Boyle, 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 BALTIC PLACE SUBDIVISION, A PORTION OF THE NW y,; OF THE NE y,; OF SECTION 18 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2004, DRAWING NO: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-054) Page 1 of5 C03028 FP SHEET NO.1 OF 2, HANDWRITTEN DATE: 9/5/2003, LANDMARK ENGINEERING & PLANNING, INC.", L.C. Development, Inc., 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 Pl'anner I for the Planning and Zoning Department, dated: Hearing Date: October 7,2003, listing 16 SITE SPECIFIC COMMENTS/FINAL PLAT and 7 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting offive pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their October 7, 2003 meeting as follows, to-wit: 1.1 Comply with the conditions of the Meridian Fire Department as follows: 1. That a fire-flow consistent with the requirements of the International Fire Code shall be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. AU radii shall be 28' inside and 48' outside radius for entrances to the lots and internal roadways. 1.2 Adopt the Recommendations 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 storm water be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water ORDER OF CONDITIONAL APPROVAL OF PINAL PLAT I (FP-03-054) Page 2 of5 quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stonnwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State ofIdaho Catalog Of Storm water Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.3 Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change Application to be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's Hunter 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. 1.4 Per action ofthe City Council taken at their October 7, 2003 meeting, the following staff report under Site Specific Comments/Final Plat number 4 is revised to read as follows: SITE SPECIFIC COMMENTS/FIANL PLAT: 4. Revise plat to include ten-foot-wide landscaping within the easement on South Baltic Place landscape street buffer on Lots 2 and 5, Block 2, and Lot 6, Block 1. ORDER OF CONDITIONAL APPROVAL OF PINAL PLAT / (FP-03-054) Page 3 of5 Additionally, the maintenance of the common areas shall be through the business owners association. 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 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 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-054) Page 4 of5 By action of the City Council at its regular meeting held on the Tl~ day of b~ ,2003. -R E ~ ~4i.aR 1\\\IIIIIIJJI-;;!);.~}yv;-n..t;}- de W~ _ '\"~'Of MERI/)jfw,[I7:;6',c&v'f: CihA &I/Vn~ "" ~ '4. ,..,.. r' .J ~'0 o?-PDR...,)'; ~ ~ tI f ~0 ~ ~ J~P-~~ SEAL ~ William G. Berg, Jr., City CI rk ~ 7G-Q ,OJc 2 % '16 uSr 15\ . ..f ! Copy served upon Applicant, the Planni~1rrrl...zomog ~~'1nent, Public Works Department, d C. A 111~"'UUNt T'~~~ \\\\\1111111/111/ an Ity ttomey. 111/1111 I! llllllll ,\,\\\ Of ME!?, fllll// ,\ .('-{ '1D, '/ " ... '\ I~ .- ~' Cl' ?-pOA.1 - J1; ~ .2 ~cP r~ ~ :: ~ 0 ~ ItJ-I4-~tJ3~ ~ Attest: By:Jf~k~ 9- Dated: Z:\Work\M\Meridian\Meridian 1 5360M\Baltic Place Sub No. I FP-03-054\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-03-054) Page 5 of 5 MAYOR Robert D. Corrie HUB OF TREASURE V ALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466-9272 . Fax 466-4405 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Chelie McCandless William L.M. Nmy CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500. Fax 887-1297 PLANNING AND ZONING DEPARTMENT (108) 884-5533 . FAX 888.6854 STAFF REPORT: Hearing Date: October 7, 2003 To: Mayor, City Council and Planning & Zoning Commission 511 Sonya Allen, Planner I { ~ Bruce Freckleton, Senior Engineering Tech ~ From: Re: Baltic Place Subdivision No.1 . Final Plat approval of Nine (9) Commercial Building Lots and Three (3) Common Lots on 3.11 Acres in an C-G Zone, by L. C. Development, Inc. (File No. FP-03-054). 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, L. C. Development, Inc., has applied for Final Plat approval of 9 commercial building lots and 3 common lots on 3.11 acres of land located at 1095 E. Franklin Road, south of the Franklin Road and Baltic Place intersection. The zoning designation for the proposed subdivision is C-G (General Retail and Service Commercial District). The minimum lot square footage for the commercial lots is 5,940 s.f. The other lots within the subdivision consist of 3 common area lots containing landscaping and parking for the adjoining commercial lots. These lots will be owned and maintained by the Business Owners Association along with the pressurized irrigation system for this development. Irrigation will be provided from an existing well on the site. The Preliminary Plat and Conditional Use Permit were approved for this project on October 2, 2001. A variance for a one-year time extension on the Preliminary Plat was approved on March 4, 2003 and a time extension on the Conditional Use Permit was approved on April 15, 2003. As part of the preliminary plat, the applicant was required by ACHD to provide a road trust deposit in the amount of $9,700.00 for construction of the sidewalk on E. Franklin Road abutting the parcel. ACHD will use that money to construct the sidewalk with the Franklin Road widening project which is slated to be completed by the end of 2004. The applicant was FP-03-054 EXHIBIT "A" 1 OF 5 Staff report Planning & Zoning Commission/Mayor & City Council Hearing Date: October 7, 2003 Page 2 also required to construcf a- temporary sidewalk between the project site and Stratford Drive. Staff recommends that requirement be waived as ACHD will be constructing that portion along with the road widening project (see site specific comment #11). At the time of preliminary plat approval for this project, S. Baltic Place was proposed as a private street. The applicant is now proposing that it be a public street which impacts the width of the landscape buffer required adjacent to S. Baltic Place and also requires the landscape buffers to be on common lots (see site specific comment #4 & #5). A revised site and landscape plan will be required to reflect these changes. Staff recommends approval of the final plat for Baltic Place Subdivision No. 1 with the comments and conditions stated in this report. LOCATION The proposed Baltic Place Subdivision is located at 1095 E. Franklin Road, approximately y.; mile west of S. Locust Grove Road, south of the Franklin Road and Baltic Place intersection. SURROUNDING PROPERTIES North: Meridian Business and Industrial Park (across Franklin Rd.), zoned I-L/C-G. West: Rural residential/agricultural property, zoned RUT (Ada County). East: Stonebridge (Medimont) Subdivision, zoned I-L. South: Rural residential/agricultural property, zoned RUT (Ada County). Commercial property off the southern tip of the property, zoned C-G. SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved preliminary plat (PP-OI-009), Conditional Use Permit (CUP-OI-015), and Development Agreement (Inst. No. 103012600). 2. The applicant has indicated that the Business Owners Association 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. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 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. FP.03.054 EXHIBIT "A" 2 OF 5 Staff r<port ( Planning & Zoning Commission/Mayor & City Council Hearing Date: October 7,2003 Page 3 3. Fencing is approved as shown on the landscape plan. All fencing shall be reduced to three feet in height within twenty feet of the right-of-way. 4. *Revise plat to include a to-foot wide common lot for the S. Baltic Place landscape street buffer on Lots 2 & 5, Block 2, and Lot 6, Block 1. (*See Final Plat Order per action of the City Council taken at their October 7, 2003 meeting.) 5. Revise project name on plat to read "Baltic Place Subdivision No.1". 6. The center line ofN. Baltic Place & S. Baltic Place does not appear to align per ACHD standards. Please revise plat to align these two roadways or provide evidence of ACHD's approval of the proposed alignment. 7. The proposed landscape plan (prepared by Designs by Kim, entitled Sheet 1 of 1, dated 8-1-03) needs to be revised as follows: a. Revise project name to read "Baltic Place Subdivision No.1" b. Plant legend must be included on plan, not attached. c. If no "Blue Atlas Cedar" trees are included on plan, delete from plant legend. d. The symbol "BC" indicated on the plan is not included in the plant legend. e. Replace conifers with deciduous trees in street buffer and within parking lot area. Conifers are not allowed in commercial street buffers or within parking lots (MCC 12-13-7-2). f. Revise landscape plan to show the required 10-foot wide buffer adjacent to S. Baltic Place (MCC 12-13-10-4). g. Revise street name to "S. Baltic Place". 8. 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 petmits. 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 imgation, amenities, sanitary sewer, water, etc., prior to signature on the final plat. 9. 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. 10. Complete the Certificate of Owners and accompanymg Acknowledgment pnor to signature on the final plat. 11. Applicant shall be required to pay Public Works development plan review, and FP.03.054 EXHIBIT "A" 3 OF 5 Slaff report (" Planning & Zoning Commission/Mayor & City Council Hearing Date: October 7, 2003 Page 4 construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. Staff recommends that a waiver be granted for the requirement (CUP Finding #25.a., page 17) to construct a 5-foot temporary sidewalk on the west side of Franklin Road to Stratford Drive in the existing Franklin Road ROW due to the ACHD road widening project on Franklin Road taking place in 2004, in which case ACHD would construct a permanent sidewalk at that time. If Council does not grant this waiver, the applicant will be required to submit a plan to the Planning & Zoning Department showing the sidewalk, prior to signature on the final plat. 13. Correct the end of the "Basis of Bearing" call in the Certificate of Owners to reference Section JJi instead of Section 8. 14. Revise the domestic water service origin statement to read "City of Meridian" instead of Meridian Water Department. 15. Revise or add or revise the following notes to the face of the plat: (1.) Revise to read: Adjacent to the subdivision boundary, lot lines common to a public right-of-way, and centered on all interior lot lines is a ten (10) foot wide permanent public utilities, property drainage, and irrigation easement, unless otherwise shown. (9.) Revise to read: .. .Highway District, and the City of Meridian. (14.) Add note: The pressurized irrigation system within this development is owned and maintained by the Business Owners Association. (12) Add note: No building permits shall be issued on any lots in this subdivision until the provisions of the recorded Development Agreement Instrument No. 103012600 and First Addendum Instrument No. 103012599 have been fulfilled as detennined by the City of Meridian. 16. 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. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (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 FP~03.0S4 EXHIBIT "A" 4 OF 5 SI.ff report { , Planning & Zoning Commission/Mayor & City Council Hearing Date: October 7,2003 Page 5 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. 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 nonnal 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. ST AFF RECOMMENDATION Staff recommends approval of the final plat for Baltic Place Subdivision with the above stated comments and conditions. A revised site plan and landscape plan shall be submitted and approved prior to signature on the final plat. FP-03-0S4 EXHIBIT "A" 5 OF 5 Staff report BEFORE THE MERIDIAN CITY COUNCIL C/C 10/07/03 IN THE MATTER OF THE ) APPLICATION OF FAIRVIEW ) LAKES, LLC FOR APPROVAL OF ) 16 BUILDING LOTS AND 3 OTHER ) LOTS ON 10.17 ACRES IN A C-N ) AND R-40 ZONES FOR DEVON ) PARK II, LOCA TED 824 EAST ) FAIRVIEW A VENUE, MERIDIAN, ) IDAHO ) ) CASE NO. FP-03-055 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 7, 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: City Council Date: October 7,2003, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, and Steve Vogt, 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: I. The Final Plat of "DEVON PARK SUBDIVISION NO. 2, ALL OF LOT 1, BLOCK 2, DEVON PARK SUBDIVISION NO.1 AND A PORTION OF THE SOUTHWEST ~ OF THE SOUTHEAST ~ OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST OF ORDER OF CONDITIONAL APPROVAL OF PINAL PLAT / (FP-03-055) Page 1 of 5 THE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. 2003, SHEET I OF 2,03150SD1.DWG 9/04/03, HANDWRITTEN DATE: 8 SEPT 03, ANDERSON-DAVID & ASSOCIATES, INC.", Fairview Lakes, 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: City Council Date: October 7,2003, listing 35 CONDITIONS OF APPROVAL - FINAL PLAT, 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 7, 2003 meeting as follows, to-wit: 1.1 Comply with the conditions ofthe Meridian Fire Department as follows: 1. Commercial 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. 2. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 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. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 5. All roads and fire lanes shall have a tumingradius 0[28' inside and 48' outside. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-03-055) Page 2 of5 6. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. The typical street width of33' will be allowed to have parking on both sides. The typical street with a minimum width of29' will be required to have restricted parking to only one side. 7. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. 1.2 Adopt the Recommendations 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 stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State ofIdaho 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. 1.3 Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The District must have an agreement for all crossings, piping, encroaching, and discharge. The District also requires a PUIS Contract before this plat is acceptable to the District. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-055) Page 3 of 5 ( 104 Per action of the City Council taken at their October 7, 2003 meeting was as follows: 1. The Final Plat dated September 8, 2003, with the signature date of the engineer, is approved. 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. 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- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-055) Page 4 of5 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 rlt~ day of o ct-oV:wv ,2003. BYJk~11 1\\\lLIIIII/11/ \,11 r- a I1I1 ...,,,\..1 Or n4El1il), 11// ,\. ~, ~...l--" /.... .....:::- r',,'" POt:1. "''l''y /~ .$ v 0'('.. '''9h'J. ~ ~ -".0 '0 -;:. 2 ~ ::. c,= ~ 'I ::: cijQj\ ..l ~:: ~<"J ~ 'J - illiam G. Berg, Jr., Ci Cle~.. <<:'f Que-. .~.(~.p; ~;. 1'<) ..........,r 1SI'/ t;"><'" .:::- ,. /1 ~ ^~ " r~/ "I 0; _ _ \~...... 1,-...~ Copy served upon Applicant, the fr~Qigl'an(;{ ~~rng Department, Public Works Department, d C't Att Iilliiillllli\\\ \111\\lLIO'I/I"1 an 1 y orney. \\\\ Of ME!? 1111/ ,"\-{ .IDol f,// ~... A.... '.<fA. "'..;. .$ V ot\P0FUlJ:; ~v ~ ~ ~G e:-o -;:. ~ ~ ~ /(fJ.- . Ljl- -- {J 2-J ~. - Attest: Dated: Z:\Work\M\Meridian\Meridian 1 5360MlDevon Park II FP-03.055\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-055) Page 5 of5 MAYOR Robert D. COITie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466-9272 . Fax 466-4405 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. Naty 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 BUILDING DEPARTMENT (208) 898-5500 . Fax 887-1297 PLANNING AND ZONING DEP ARTM ENT (208) 884-5533 . FAX 888.6854 STAFF REPORT: City Council Date: October 7, 2003 To: Mayor, City Council and Planning & Zoning Commission 'If} Sonya Allen, Planner I J ' Bruce Freckleton, Senior Engineering Tech ~ Devon Park Subdivision No.2 Prom: Re: · Final Plat Approval of Seventeen (17) Office/Apartment Building Lots and Two (2) Other Lots on 10.17 Acres in C-N and R-40 Zones, by Fairview Lakes, LLC (File No. FP-03-055). 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, Pairview Lakes, LLC, has applied for Pinal Plat approval of the second phase of Devon Park Subdivision, a seventeen (17) lot mixed use subdivision with two (2) common lots on 10.17 acres of land, located on the north side of Pairview Avenue, approximately 1h a mile west of Locust Grove. The proposed 17 building lots consist of 16 commercial office lots and one residential lot with apartment buildings. The two common lots consist of parking and landscaping for the commercial area. The common lots will be owned and maintained by the Lot Owners Association. The landscape buffers adjacent to public streets shall be maintained by the Business Owners Association. The pressurized irrigation system will be owned and maintained by Nampa Meridian Irrigation District. The City of Meridian recently approved a planned development on this piece of land (Fairview Lakes, CUP-03-014) that consists of a mix of commercial and high density residential uses allowing for a 55,000 s.f. office park and a 96-unit apartment complex. The proposed final plat is a subdivision of the commercial and residential zoned land within the planned development. PP-03.Q55 EXHIBIT "A" 1 OF 5 ncVOIl Park Subdivision No 2,fP Mayor & City Council Hearing Date: October 7,2003 Page 2 The proposed final plat for Devon Park Subdivision No. 2 complies with the approved preliminary plat. The approved final plat for phase 1 included Lot 1, Block 2 which is now being re-subdivided as part of phase 2 and is now Lots 1, 2, 3, 4 and portions of Lots 13 & 5, Block 1. The applicant has also requested approval of two separate Certificate of Zoning Compliance applications to construct two of the three buildings originally proposed on Lot 1, Block 2. The proposed lot lines accommodate the appropriate setbacks for those structures. The early release of building permits on Lot 1, Block 2 was approved by MI -03-007. Staff recommends approval of Devon Park Subdivision No. 2 with the comments and conditions stated in this report. LOCATION The property is located on the north side of Fairview approximately a '12 mile west of Locust Grove Road. SURROUNDING PROPERTIES North: The Willows Subdivision zoned R-8. South: Commercial property zoned C-G and R-8 (a car lot). East: Settlers Village and a car wash zoned C-G and R-8. West: A mobile home park and commercial property zoned R-8 and C-G. CONDTIONS OF APPROVAL - FINAL PLAT 1. Applicant shall meet all terms of the approved Preliminary Plat, Conditional Use Pennit(s), Development Agreement, and any other approvals pertaining to this development. 2. The pressurized irrigation system within this development is to be owned and maintained by the Nampa Meridian Irrigation District. 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. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. AU development improveme.nts, including fencing, micro-paths, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. FP-03.QSS EXHIBIT "A" 2 OF 5 OC"'OlL Park Subdivision No 2.FP ( Mayor & City Council Hearing Date: October 7, 2003 Page 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. Applicant shall coordinate with the Parks & Recreation Department on the dedication, maintenance, and timing of construction of the public footpath. The pathway must be located within a minimum 20' wide easement dedicated for a public pedestrian access. The easement shall be noted on the plat. 5. Fencing shall be constructed in conformance with Meridian City Code 12-4-10. 6. The Landscape Plan dated 8-15-03 (SD5.8L), prepared by Tamura & Associates IS approved as submitted. 7. 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. 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. 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 1 DO-year storm event. Side slopes within drainage areas shall not exceed 3:1. 10. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 11. 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. 12. Two-hundred-fifty watt (250w), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdividees expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 13. Compaction test results must be submitted to the Meridian Building Department for aU FP--03-055 EXHIBIT "A" 3 OF 5 Devon Park Subdivision No 2,FP Mayor & City Council Hearing Date: October 7, 2003 Page 4 building pads receiving engineered backfill, where footing would sit atop fill material. 14. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. 15. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 16. Provide sidewalks in accordance with MCC ] 2-13-10-8. 17. A cross access easement shan be recorded for this subdivision. A copy of the recorded easement shall be submitted to the City of Meridian prior to signature on the final plat. 18. All the ponds within the subdivision shall be circulated or otherwise managed to avoid stagnant water that may become a nuisance per MCC. 19. All signage within the subdivision shall be subject to a Planned Sign Program. Approval of a Planned Sign Program will be required prior to construction of any signs within this subdivision. 20. All uses proposed on lots created by this subdivision will be subject to approval as conditional uses per the approved conditional use permit(s) (File No.'s CUP-02- 014/CUP-03-014) for a planned development. 21. Revise plat to indicate size and location of landscape easements and label as such. MCC 12-13-10-3 requires that all street buffers be on a common lot, however, in this case, staff recommends the applicant be allowed to show the landscape buffer in an easement. 22. Revise the situate statement in the upper right comer of the plat to read: AH: A re- subdivision of Lot 1, Block 2.. . 23. Add distance dimensions to the west and east (below Clarence Street), boundary of Lot 18, BLock 1. 24. Add right-of-way width dimensions to Clarence and Teare. 25. Add North, South, East, or West designations to all noted roadways. 26. Add "UNPLATTED" notation adjacent to the west boundary. 27. Add "RPOB" notation to the face of the plat. 28. The sum of the segment dimensions along the north and south sides of Lot 19, Block 1, don't match the overall distance shown. F!',.()3.QSS EXHIBIT "A" 4 OF 5 Devon Park Subdivision No 2.FP Mayor & City Council Hearing Date: October 7, 2003 Page 5 29. Correct the 5/8" pin symbol locations in the area of "Detail A." 30. There are numerous locations where the bearings, and or distances shown along the boundary, or in the curve table, don't match the corresponding lines in the Certificate of Owners. Please correct to match. 31. Add (Typical) notation to the easement note shown on Lot 19, Blockl. 32. Add "5.00 foot wide public utility easement (typical)" notation to the easements shown along the north side of Lot l, Block 1. 33. Add the Roads and Easements dedication, and Domestic Water Service Origin statements to the Certificate of Owner. 34. Please add or revise the following plat notes: . Revise note #6 to include Lot 1 as a common lot. . Delete note #9, as this note is irrelevant. . Revise note #10 to include the instrument number of the recorded cross access easement. Also, revise the spelling of "easement". . Revise note #11 to also include File No. CDP-03-0 14. 35. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. RECOMMENDATION Staff recommends approval of the final plat, with the above stated comments and conditions. FP--{)3-0;;5 EXHIBIT "An 5 OF 5 Devon Park Subdivision No 2.FP September 23, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT City Attorney REQUEST Resolution No. City Attorney / Civil Legal Services September 23, 2003 ITEM NO. 15 : Approving Addendum No. 1 to Agreement for AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Resolution I Agreement OD'Al~ -rJ~ Oliff Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. RESOLUTION NO &3-1/3 BY: l<e/2:A If/r~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN ADDENDUM NO. 1 TO AGREEMENT ENTITLED "ADDENDUM NO. I TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER 18,2002", BY AND BETWEEN THE CITY OF MERIDIAN AND WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A. FOR ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY AND CIVIL LEGAL SERVCIES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to continue its current agreement for civil legal services and enter into an addendum no. 1 to agreement with White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.^" denoted as "ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER 18,2002", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendum No.1. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain addendum no. 1 to agreement with White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, entitled "ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER 18,2002", by and between the City of Meridian and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.^" a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION - ADDENDUM NO.1 TO AGREEMENT FOR CITY ATIORNEY/CNIL LEGAL SERVICES DATEDNOVEMBER 18, 2002 PAGE 1 OF2 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN~ IDAHO, this 21 ~ay of ~p1ehv6vv ,2003. - I APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z3~day of J'tf'Jte #'-' ~ , 2003. - ATTEST: ~A~I~ CITY CLERI( ~ 7. g;_ ;;. ~ ,<:6 2 % 7<::) "US, ls1 ' f? .f 'l ':.<J ~'?- " ///// 00U T'l . ~ \\\....,' Z;\ Work\M\Meridian\Meridian lS360MlAdministration\RES AD6'ilNR/#t 1 ;\\-1. v\.'GMT FOR CITY A TIY CIVIL LEGAL SERVICES 09 22 03.doc filII RESOLUTION - ADDENDUM NO. 1 TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATEDNOVEMBER 18, 2002 PAGE20F2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 230- day of Jl.e-iJfe.J?-~ , 2003, the following action has been taken and authorized: . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN ADDENDUM NO.1 TO AGREEMENT ENTITLED "ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER 18, 2002", BY AND BETWEEN THE CITY OF MERIDIAN AND WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A. FOR ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY AND CIVIL LEGAL SERVCIES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests ofthe City of Meridian to continue its current agreement for civil legal services and enter into an addendum no. 1 to agreement with White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.^" denoted as "ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY/CNIL LEGAL SERVICES DATED NOVEMBER 18,2002", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendum No.1. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: CERTIFICATE OF CLERK - ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY/CNIL LEGAL SERVICES DATEDNOVEMBER 18,2002 PAGE 1 OF 2 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain addendum no. 1 to agreement with White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, entitled "ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER] 8,2002", by and between the City of Meridian and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. \\\\\\\111lIJI/11111 ",\\\~ Of MEF{II:J~/I;I// ~ ~ "",,1 0/ .2"" C; rOt\POR/j ,. r,'V ~ ~ _.....v '~ ~~ '~ 0 ~ 2 ~ ~~~ ,9- - & fVILLIAM G. BERG, 1. ~ _ Ou "Q\ 0 $ CITY CLERK. ~ '<> ;S.,. lS\ . ~ $ <;--;,.y :?'." /'l//; COU~....-...I , ~ \\\".... /111 I'd. \ \\\\ STATE OF IDAHO, ) 1IIIilIJlllIH\\\ : ss: County of Ada, ) On this ?-<.'2.t~\ day of ~~ , in the year 2003, before me, 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) ....IIIIII..tlO .Q ON SA!. ..~ .--- ~'!.l./";. o~;:;:oTA./;>,C:~. .Co / '"'Y .,.... ':~ III .. I \ III III r \ III .. I : m III \ I 1/1 III \ , ., ~ \ , ~ ~, C i 1& 'il>. dI'.....In-~ ~/o. ::. U.HL_, .. Q-.~?h-----rO .. O."~OFl.Y... ............ ~~~V'vL~f~ Notary Public for Idaho Commission Expires: 1-21> -05 Z:\Work\M\Mendian\Meridian 15360M\Administrntion\CeltifClerk Addend NO.1 to Agmt Attomey Civil Services 09 22 03.doc CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 2 ADDENDUM NO.1 TO AGREEMENT FOR CITY A TTORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER 18,2002 The following is an addendum to that certain Agreement For City Attorney/Civil Legal Services between the City of Meridian, a municipal corporation organized and existing by virtue of the laws ofthe State ofIdaho (hereinafter referred to as "City"), and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., an Idaho corporation (hereinafter referred to as "White Peterson"), specifically to the sections pertaining to 2.1 Definitions - Additional Legal Services, 2.2 - Retainer Legal Services, 4.1 Payment For Services, and 5 - Term, which are subsequent to entering into of the original Agreement For City Attorney/Civil Legal Services dated November 18,2002. The parties hereto agree as follows: 1. Pursuant to Sections 5 and 9 of the original Agreement, Section 5 regarding the Term ofthe Agreement is modified to read as follows: TERM: The term of this Agreement shall commence October 1, 2003 and shall continue until September 30,2004, subject to renewal or extension as set forth in the original Agreement. 2. Pursuant to the Definitions under Section 2.1 and Section 2.2 of the original Agreement, Section 2.1 Additional Legal Services and Section 2.2 Retainer Legal Services are modified to read as follows: 2.1 "Additional Legal Services" means and refers to representing the City in litigation, including arbitration, brought on behalf of, or against, the City which is not covered under the City's insurance policy or policies; representing the City in prosecuting or defending claims (before litigation is filed) not covered by the City's insurance policy or policies; representing the City in collective bargaining matters; drafting recommendations, findings, or orders for development application decisions (planning and zoning matters); personnel investigations and subsequent hearings; judicial confirmations and bond proceedings; formation of local improvement districts for infrastructure construction; impact fee committee attendance and related follow-up; construction bidding disputes; attendance at special City Council meetings when requested by the Mayor or Council President; services rendered in connection with preparation of Re!U1latory Takings Analvsis authorized under LC. ~67-8003; and any other matter not included in the definition of "Retainer Legal Services" below. 2.2 <'Retainer Legal Services" shall include attendance of the City Attorney (or if unavailable, anther White Peterson attorney as designated by the City Attorney) at four (4) pre-council meetings of the City Council per month, four (4) meetings ofthe City Council per month, one (1) City staff meeting per month, and attendance at quarterly joint City! Ada County Highway District meetings; attorney attendance at two (2) Planning and Zoning Commission meetings per month; preparation and revision of all City ordinances, resolutions, drafting and review of contracts and agreements concerning the City, and all other related legal work of the City; review of recommendations, findings, or orders for development application decisions prepared by City; routine telephone and personal conferences with City employees and officials including the Mayor and City Council members; subject to approval by the Mayor and Council, participation in Association of Idaho Cities Legislative Council matters including participation in drafting legislation and testimony before the legislature if requested by AIC; respond to all citizen inquiries regarding City ordinances other than those pertaining to criminal matters; participation in telephone and office conferences with builders or developers regarding pending development projects at the request ofthe Mayor, City Council, and/or City staff; review, comment, and drafting assistance concerning proposed City policies including human resources policies; participation and assistance in City's efforts to set a budget for the City's civil legal services for the next Fiscal Year; one (1) training session for Fiscal Year 2003-2004 for the Planning and Zoning Department employees regarding the Regulatory Takings Analysis authorized by I.C. &67-8003; and all other legal services as set forth in the Proposal submitted by White Peterson (Exhibit B to the original Agreement), excluding the legal services specifically identified therein as being provided outside the monthly retainer. 3. Pursuant to the Payment For Services under Section 4.1 ofthe original Agreement, Section 4.1 is modified to read as follows: 4.1 As compensation for all Retainer Legal Services, including all out-of- pocket expenses incurred by White Peterson in perfonning the Retainer Legal Services, City shall pay White Peterson the total sum of seventeen thousand eight hundred fifty and 00/1 OOths dollars ($17,850.00) per month. 4. Except as modified by this Addendum No.1, the original Agreement For City Attorney/Civil Legal Services between the City of Meridian and White Peterson dated November 18, 2002, is hereby ratified and confirmed. IT IS SO AGREED. IN WITNESS WHEREOF, the parties have executed this Addendum No.1 on this 2q~dayof ~~~ ,2003. CITY: CITY OF MERDIIAN BY' William G. Berg, Jr., BY:~ Mayor Robert D. Corrie \\\\\~~rI,;/;'J Cih;{IJ~ 9.,23 - p] \\.\ ~l' & Ml:.:.RII' III ".... (\ ""\ V,l., //-:,. .f 0 o~POIL1 -11,. ~ ... _....0 ~ ~ ~ ~ 0 ~ ... - 2 ~ ATTEST: WHITE PETERSON: & ~ 2 ~ Qv "Q; 0 :::: ~ ~ '8-,. 161 . x:..? .;:. 'AJ to-: " 'l"" \9 r '," "'1""."'OUNT'l . ' \.\...." WHIIf,l);IRI1Yf'ERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTEST: ..... BY' f'\ i MI'-.v. 'I \1 6' P~.iliP A. peterson, Secretary STATE OF IDAHO, ) ------- : ss: County of Ada, ) q+n. f) . On this day of e:tv~ , 2003, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the Mayor and City Clerk, respectively, of the City of Meridian, and who acknowledged to me that they executed the same for the City of Meridian. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written: - (SEAL) .gP"..", .."'ON S ~.. .~oiAJ?1f(;:.. It1C1:J/ ~ .A ,~. Q I ' 111 )II I ' . . I ~ )II III , . 1/ $ \ I · liI- \ I . .. \.b,._- C '"1"'0. . '&. d'l~,~_t.!~1l,~~v.. ..1~OFW~. 111."11111.. Shall ifl'l ~Th +{v Notary Public for Idaho Residing at: .AclC(,Co/'tvub~, .' .l.k.LJw My Commission Expires: ~ -ZR-05 ST ATE OF IDAHO, ) c.. (JjL<-j tJ;1...-/ : ss: County of ~, ) On this dI. q day of ~ flLfYJ ~f-. . , 2003, before me, a Notary Public, personally appeared Terrence R. White and Philip A. Peterson, known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the President and Secretary, respectively, of White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., and who acknowledged to me that they executed the same for White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A. IJ&AG /YJ ~ N t ry Public for Idaho Residing at: /0.. rJ<.pfi. 10 My Commission Expires: 1-c7-8-,;LOOV Z:\Work\M\Meridian\Meridian I 5360M\Administration\Adden No. I to Agmt fOf City Atty Civil Legal Selvcies 09 03 03.doc Nov-13-02 05:49P Fd y & Freeman ,.,'.", 120: 385130 P.04 AGREEMENT FOR CITY ATTORNEY I CIVIL LEGAL SERVICES This Agreement for City Attorney/Civil Legal Services (hereinafter referred to as , +f- "Agreement"} is madethis/9 dayaf Not/elnlJef-, 2002, between the City of Meridian, a municipal corporation organized and existing by virtue of the laws of the State of Idaho (hereinafter referred to as "City"), and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., an Idaho corporation (hereinafter referred to as "White Peterson"). RECITALS 0.1 PursuanttoldahoCode~50-204andMeridianCityCode~~ 1-8-1 and 1-8C-1, on August 16, 2002 the City requested the submission of proposals from qualified firms to provide certain city attorney I civil legal services to the City. A copy' of the City's Request for Proposals (RFP NO. 02-001) is attached hereto as Exhibit "A" and is incorporated in full herein and is made a part of this Agreement by this reference. 0.2 In response to the City's request for proposals, White Peterson submitted an Attorney Contract Proposal dated September 16, 2002, a copy of which is attached hereto as Exhibit "B" and which is incorporated in full herein and is made a part of this Agreement by this reference. 0.3 Among the proposals received in response to the City's request for proposals as set forth above, the City has deemed the proposal submitted by White Peterson as the most advantageous to the besfinterest of the City. AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES pase 1 Nov-13-02 OS:50P F~ y & Freeman / 120.. .385130 P.05 NOW. THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound thereby, City and White Peterson covenant and agree as follows: 1 INCORPORATION OF RECITALS. The parties agree that the foregoing Recitals are contractual and binding and are incorporated herein as If set forth in full. 2 DEFINITIONS. In addition to any other definitions set forth in thfs Agreement, for all purposes ofthis Agreementthe fallowing terms are defined and interpreted as herein provided for, unless the clear context .of the presentation of the same requires otherwise: 2.1 "Additional Legal Services" means and refers to representing the City in litigation. including arbitration, brought on behalf of, or against, the City which is not covered under the City's insurance policy or policies; representing the City in prosecuting or defending claims (before litigation is filed) not covered by the City's insurance polley or policies; representing the City in collective bargaining matters; drafting recommendations, findings, or orders for development application decisions (planning and zoning matters); personnel investigations and subsequent hearings; judicial confirmations and bond proceedings; formation of local improvement districts for infrastructure construction; impact fee committee attendance and related follow-up; construction bidding dIsputes; attendance at special City Council meetings when requested by the Mayor or Council President; and any other matter not included in the definition of "Retainer Legal Services" below. AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 2 NOV-13-02 QS:EOP Fd y & Freeman 12ci 385130 P.06 2.2 "Retainer Legal Services" shall include attendance of the City Attorney (or if unavailable; another While Peterson attorney as desfgnated by the City Attorney) at four (4) pre-council meetings of the City Council per month, four (4) meetings of the City Council per month, one (1) City staff meeting per month, and attendance at quarterly joint City/Ada County Highway District meetings; attorney attendance at two (2) Planning and Zoning Commission meetings per month; preparation and revision of all City ordinances, resolutions, drafting and review of contracts and agreements concerning the City, and aU other related legal work of the City: review of recommendations, findings, or orders for development application decisions prepared by City; routine telephone and personal conferences with City employees and officials including the Mayor and City Council members; subject to approval by the Mayor and Council, participation in Association of Idaho Cities Legislative Council matters inclUding participation in drafting legislation and testimony before the legislature if requested by Ale; respond to all citizen inquiries regarding City ordinances other than those pertaining to criminal matters; participation in telephone and office conferences with builders or developers regarding pending development projects at the requested of the Mayor, City Council, and/or City staff; review. comment, and drafting assistance concerning proposed City policies including human resources policies; participation and assistance in City's efforts to set a bUdget for the City's civil legal services for the next Fiscal Year; and all other legal services as set forth in the Proposal AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 3 Nov-13-02 05:50P F~ y & Freeman /. 120',. .386130 P.07 submitted by White Peterson (Exhibit "B"), excluding legal services specifically identified therein as being provided outside the monthly retainer. 2.3 "City Attorney" means and refers to WiHlam F. Nichols. 2.4 "Fiscal Year" means and refers to City's fiscal year, now beginning October 1 st and ending September 30th of each calendar year, as provided by State Jaw and this definition shall be considered automatically amended in the event of an amendment of the provisions of Idaho law relative to the establishment of the fiscal year for City. 3 SERVICES PROVIDED BY WHITE PETERSON. Pursuant to the terms of this AgreemeJ:lt, White Peterson is hereby appointed by the City to perform all Retainer Legal Services for the City and such other Additional Legal Services as requested by the City. 4 PAYMENT FOR SERVICES. City agrees to pay White Peterson for services rendered pursuant to the terms of this Agreement as follows: 4.1 As compensation for all Retainer Legal Services, including all out-of~pocket expenses incurred by White Peterson in performing the Retainer Legal Services. City shall pay White Peterson the total sum of seventeen thousand five hundr~d and 00/1 OOths dollars ($17,500.00) per month. 4.1.1 Payment for Retainer Legat Services shall be due monthly in advance on or before the 20tn day of each month. Although the parties acknowledge that the Retainer Legal Services are provided on a flat-fee basis, White Peterson agrees to maintain accurate monthly time records of all Retainer Legal Services provided by its AGREEMENT FOR CITY ATTORNEYJCIVIL LEGAL SERVICES Page 4 Nov-13-02 05:51P Fd y & Freeman 120, 385130 P.os attorneys (itemized by date, attorney performing services, and recording time in tenths of hours) and to provide the same to City on a monthly basis. 4.2 Compensation for Additional Legal Services performed by White Peterson at the request of the City shall be paid atthe rate of$125.00 per hour for services . performed by White Peterson's shareholder attorneys, $100.00 per hour far associate attorneys, and $60.00 per hour for a legal assistants or paralegals (who are performing services which would othel\iVise require the services of an attorney at higher hourly rates). 4.2.1 City shall also reimburse Whit~ Peterson for actual out~of-pocket expenses (such as filing fees, postage, etc.) incurred by White Peterson in the performance of the Additional Legal Services as authorized by City. 4.2.2 White Peterson shall provide the City with a monthly itemized. invoice of aU Additional Legal Services performed (including all out~ of~pocket expenses). Provided the Invoice is received by the SUI of the month. the City shall remit payment to White Peterson by the first business day of the following month. S TERM. The term of this Agreement shall commence November 1, 2002 and shall continue until the end of the City's current Fiscal year, September 30, 2003. subject to renewal or extension as set forth in this Agreement. 6 REPRESENTATIONS AND WARRANTIES OF WHITE PETERSON. White Peterson represents and warrants to City as follows: AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVlCES Page 5 Nov-13-02 05:51P Fd y & Freeman 120'. 385130 P.09 6.1 Authority: White Peterson has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. 6.2 No Prohibition to Performance. There are no judgments, liens, actions, or proceedings existing or pending against White Peterson which would materially affect White Peterson's ability to enter into or perform under this Agreement. 6.3 Comorate Status. White Peterson is a professional service corporation duly organized, validly existing, and in good standing under the laws of the State of Idaho and has ail necessary corporate powers to enter into this Agreement. 6.4 NichoJ$ Designated Primary Attorney. White Peterson acknowledges that William F. Nichols is designated as the attorney shareholder with primary responsibility for providing legC1:1 services to the City pursuant to this Agreement. 6.5 Performance of Services. White Peterson agrees to perform all ofthe services and work set forth in this Agreement in a timely, efficient, and professional manner in accordance with the terms of this Agreement and in compliance with existing laws, ordinances, rules, or regulations of any applicable regulatory authority or governmental bOdy. 6.6 Non-ExclusiveAgreement. White Peterson acknowledges thatthis Agreement shall not be interpreted to limit the City's authority to retain the services of outside legal counsel to perform any legal services other than Retainer Legal Services, whether as a result of the City's need for special expertise or oth erwise. AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 6 Nav-13-02 05:51P Fo , & Freeman 120i. ;85130 P .10 7 INSURANCE. For the purposes of this Agreement,White Peterson shall carry the following types of insurance in at least the per occurrence limits specified below: Coverage Limits of Liability Professional liability (errors and omissions) Workman's Compensation Employer's Liability General Liability (bodily injury and/or property damage) $2,000,000.00 Statutory limits $2,000,000,00 $2,000,000.00 B INDEMNIFICATION. White Peterson shall indemnify and hold City, and its officers, agents, and employees, harmless from any and aU liability, damage, or expense, including attorney fees, which may be brought, claimed, or pursued against City or its representatives arising out of the intentional act, negligence, or omission of White Peterson or its employees, agents, or representatives. 9 POSSIBLE EXTENSIQN OF TERM OF AGREEMENT. The parties may mutually agree to renew or extend the term of this Agreement; however, any such renewal or extension must be in writing. 10 TERMI NATION. This agreement may be terminated upon mutual agreement of the parties. Meridian shaH also have the right to remove White Peterson's appointment as City's attomeys In the manner as set forth in Idaho Code 9 50-206 and terminate this Agreement, with or without cause, at any time, which termination shall be effective upon service of written notice to White Peterson in the manner as set forth herein. In the event of a termination, City shall remain responsible to pay White Peterson for all services provided through the date of termination pursuant to the terms of this Agreement. AGREEMENT FOR ClTY ATTORNEYfCIVIL LEGAL SERVICES Page 7 Nov-~3-02 OS:52P Fa y & FY'eeman 120('385130 P.II 11 GENERAL PROVISIONS, 11.1 Attorney's Fees. ]f any action or proceeding is instituted to enforce or construe any provision of this Agreement, the prevajl[ng party in such action or proceeding shall be entitled to recover from any party or parties against whom a judgment is entered. all reasona.ble attorneys' fees and costs incurred by the prevailing party in connection with such action or proceeding in addition to such other relief to which such prevailing party is entitled. 11.2 Binding Effect. This Agreement shall be binding upon the heirs, estates, personal representatives, successors, and assigns of the parties. 11.3 Choice of Law. This Agreement will be interpreted in accord ance with the laws and statutes of the State of Idaho. 11.4 Noti98S. Any notice under this Agreement shall be in writing and shall be treated as duly delivered if the same is personally delivered or deposited In the United States mail. certified, return receipt requested. postage prepaid, and properly addressed as follows: Notice to City: Robert O. Corrie, Mayor City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Notice to White Peterson: William F. Nichols White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A. Suite 200 . 5700 East Franklin Road Nampa. Idaho 83687 AGREEMENT FOR CITY ATTO~NEY/CIVIL LEGAL SERVICES Page 8 Nov-13-02 05:52P Fa f & Freeman 120t. jS5130 P.12 11.5 ParagraR:h'Headings. The paragraph headings ofthis Agreement are for clarity in reading and not intended to limit or expand the contents of the respective paragraphs. 11.6 Partiallnvalidltv, Whenever possible, each provision of this Agreement shall be interpreted in such a way as to be effective and valid under applicable law. If a provision of this Agreement is prohibited by, orinvafid under applicable law, it shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 11.7 Further Assurances. The parties each for themselves do furiner' covenant to the others to execute any and all other documents necessary to effect the transfers contemplated by this Agreement. 11.8 ~. Time is declared to be of the essence to this Agreement. 11.9 Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither tne failure nor any delay by any party in exercising any right, power, or privilege under this Agreement or the documents referenced in this Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other rignt, power, or privilege. 11.10 No Assignment bv White Petersop. White Peterso,! shall not sell, assign I or transfer all or any portion of its interest in this Agreement at any time. AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SeRVICES Page 9 Nov-13-02 05:53P FO( I & Freeman 120{ 385130 P.13 11.11 Hand-written Provisions. Hand-written provisions inserted in this Agreement, and initialed by the parties in ink, shall control all type-written provisions in conflict therewith. 11.12 Entire Agreement. This Agreement supersedes all prior agreements between the parties with respect to its subject matter, and constitutes (along with the other documents referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. 11.13 Execytion and Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original agreement, but all of which shall be considered one instrument. 11.14Amendments. This Agreement may not be amended, modified, altered or changed in any res pec1 whatsoever, except by further agreement in writing duly executed by the parties, IN WITNESS WHEREOF, the parties have executed thls Agreement as of the day and year first above written. CITY; ATTEST: By' William G. Berg, Jr" Cit AGREEMENT FOR CITY ATTORNEYJCIVIL LEGAL SERVICES Page 10 Nov-13-02 05:63P Fo , & Fl'"'eeman 120i' ~85130 P_14 WHITE PETERSON: WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. By:. ; le'rT'ence R. Whi1e, President By: 1..4--- - STATE OF IDAHO ) ) 55. Counly of Ada ) On this ~ay of ri OVfNvlW ,2002, before me, a Notary Public, personally appeared Robert D. Corrie and William Berg, known or identified to me to be the persons whose names are SUbSCl'fbed to the within and foregoing instrument as the Mayor and Clerk, respectively, of the City of Meridian, end who acknowledged to me lhat they executed the same for the City of Meridian. written. IN WITNESS WHEREO~... .._:~~O affixed my offIcial seal the day and year first above :~7~OT~$ ~hM~n.c.-fL : \ otty Public for Idaho ' ~ eqJjing at A~tou;r\'~. Jdano \dlO".,~\y~l~ommlssion Expires: Jf'~ 2.i~05 ..,f),-i.:.--"' ~ ..~lfOFl'Q.. . -...... 1 ) 55. ) STATE OF IDAHO County of~OIf ~ m. fW..ur N a Ubli~ Residing at L. Idaho My Commission Expires: /-.i8...;l/Jo'l AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 11 NoV-13-02 05:53P Fa ,& Freeman 1206 ,85130 EXHIBIT 'IA" (Attach copy of City's Request for Proposals [RFP NO. 02-001] here) AGREEMENT FOR CtTY ATTORNEY/CIVIL LEGAL SERVICES Page 12 P.IS CITY OF MERIDIAN August 16, 2002 lU'P NO. 02-001 The City of Meridian is requesting ~roposals for City Attorney 1 Civil Legal Services. Qualified firms are invited to submit a proposal in the format outlined in the Request for Proposals. A complete package of requirements necessary to comply with this RFP may be obtained from: Will Berg Meridian City Clerk 33 E. Idaho Meridian, 1D83642 Any proposal may be withdrawn prior to the above scheduled time for the opening of the pro~osals. Clarifications to the Request for Proposals will be considered only if they are submitted in writing and received by Meridian City Clerk at least five working days prior to the proposal opening. All clarifications to the requirements will be addressed as a written addendum to the proposal. No verbal clarifications will be binding on the City or the consultant. Submit 10 copies of the proposal with the project title clearly indicated. The envelope in which the proposal is received must be > specifically marked: RFP No. 02-001; City Attorney/Civil LegaJ. Services for the City of Meridian and delivered to: will Berg Meridian City Clerk 33 E. Idaho Meridian, IO 83642 by 4: 00 p.m. on the 16th day of Septamber, 2002. No exce~tions. .All proposals must be signed. THE CITY OF MERIDIAN RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE AND IRREGULARITIES IN THE PROPOSALS RECEIVED, 1'1ND TO ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO THE BEST INTEREST OF THE CITY. THE CITY WILL ALSO CONSIDER WHETHER THE PROPOSER IS A RESPONSIBLE PROPOSER .AS DESCRIBED IN MERIDIAN CITY CODE. CITY OF MERIDIAN RFP NO. 02 -001 The city of Meridian is requesting proposals for City Attorney/Civil Legal services. Qualified firms are invited to submit a proposal in the format outlined in the Request for Proposals. Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Submit 10 copies of the proposal with the project title clearly indicated. The envelope in which the proposal is received must be specifically marked: RFP No. 02-001; City Attorney/Civil Legal Services for the City of Meridian and delivered to: will Berg Meridian City Clerk 33 E. Idaho Meridianl ID 83642 Clarifications to the Request for Proposals will be considered only if they are submitted in writing and received by Meridian City Clerk at least five working days prior to the proposal opening. All clarifications to the requirements will be addressed as a written addendum to the proposal. No verbal clarifications will be binding on the city or the consultant. The successful firm will be required to provide evidence of Professional Liability Insurance (Errors and omissions), Worker's Compensation Insurance for all employees, and General Liability Insurance in an amount to be determined. Protest of RFP Requirements, Standards I Specifications. or Process~ Any Vendor who wisnes to protest the requirements, standards, specification or process outlined in this Request for Proposals may submit a written notification to the City of Meridian, to be received no later than five working days prior to the proposal ,opening. The notification shall state the exact nature of the protest, describing the location of protested portion or clause in the RFP document and explaining why the prOVision should be struck, added, or altered, and contain suggested corrections. The city may deny the protest, require that the RFP be modified, modify the RFP, and/or reject all or part of the protest. Protest of Contractor Selection or Contract Award: Any actual or prospective proposer who is aggrieved in connection with the selection of a contractor or award of the contract may submit a protest to the City of Meridian. The protest shall be submitted within four (4) working days after such aggrieved person knows or should have known the factsl which give rise to the protest. The protest must set forth in sp~cific terms the alleged reason the Vendor selection or contract award is erroneous. Award of Contract: It is anticipated that the City will contract with one person or a firm, as needed for fiscal year 2002-03 with the Page 1 of 5 City of Meridian REF NO. 02-001 City Attorney I Civil Leqal Service3 possibility of continuing one (1) year extension(s). We appreciate your interest in this project and realize that the development of a proposal is a costly and time-consuming effort. Please be assured your proposal will be thoroughly reviewed and evaluated. It is anticipated that the contract will be awarded effective November 1, 2002. RFP NO. 02-001 CITY ATTORNEY/CIVIL LEGAL SERVICES FOR THE CITY OF MERIDIAN I?ROPOSAL StlBMI'l'TAL REQUIREMENTS SCOPE OF WORK: The City of Meridian is sOliciting proposals from law firms to provide Legal Services as tpe City Attorney and Assistant City attorneys. The specific proposal submittal requirements are defined below. .The anticipated services will relate primarily to: General Legal Municipal Law including but not limited to the following areas of expertise: - Administrative Law - Annexation Law Condemnation/Eminent Domain - Construction Litigation - Collections and Bad Checks - EEOC; Human Rights Commission - Employer and Income Tax Law; Wages and Benefits - employment Law - Environmental Law (including NPDES Permitting, Clean Water Act, Clean Air Act, Hazardous Waste, TMDL, and Effluent Trading) - Evictions - Foreclosures - FranChising/Telecommunications - General Litigation - Planning and Zoning Law - Public Meeting Requirements - Public Records Law - Public Works Contracts - Property Acquisition - Real Estate Law - State or Federal Civil Rights Defense - State or Federal Civil Defense - State or Federal Criminal Defense - Unemployment Claims Water Law - Workers Compensation Page 2 of 5 City of Meridian RFP NQ. 02-001 City Attorney I Civil Legal Services I StJEKITTAL PROCEDtl'RE A. Date & Location: Written proposal submittals are due on the 16th day of-September, 2002 at 4:00 p.m. local time at the office of the City Clerk. The envelope in which the proposal is received must be specifically marked: RFP No. 02-001; City Attorney/Civil Legal Services for the City of Meridian and delivered to: Wi 11 Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 8. Please submit Ten (10) copies of the proposal in a sealed package and identified as follows: "SEALED PROPOSAL" "RFP No. . 02-001; City Attorney/Civil Legal Services for the city of Mericlian" II PROPOSAL FOBMAT Written proposals must be clear, concise and formatted as outlined below to allow for consistent and fair evaluation of each submittal. SECTION I Cover Letter/Signature Page - The cover letter should contain an introduction of you/your firm, a summary of its capabilities to perform the services requested, and a summary of your firm's experience in this type of work. It also is suggested that you outline your interest in this project(s) and ability to respond and perfoDn. The cover letter . should be signed by a principal of the firm. The signature page shall "be ~ompleted and returned with your proposal. SECTION II Available Staff and Equipment - This section outlines the experience and expertise your key individuals have relating to the type of projects anticipated. Please designate the individuals that will be assigned, or anticipated to be assigned, to perform the various tasks and duties outlined. A summary of the number of staff people available to support these key individuals also should be provided. Also, a summary of equipment capabilities such as word processing, .FAX machines, and ability to communicate with the City via E-Mail" should be provided. SECTION III Ability to Provide Responsive" Services - The services anticipated by this proposal will, for the most part, be requested on short notice with Page 3 of 5 City of Medclian RFP No. 02-001 City Atto~ey I Civil Legal Service5 tight time frames. Please outline your firm's approach and commitment for providing the necessary services in a timely fashion. SECTION ,IV Cost for Services - Please provide a description of the proposed billing methodology which may be a listing of the personnel (type) to be utilized and the billable rate for each category of staff, a blended rate, retainer, or some other method. SECTION V Description of Prior Experience - Each proposer is requested, without discLosing client sensitive information, to submit a description of prior work done in the area of law for which the proposal is submitted including a description of the preferred method of relating to an institutional client, type and manner of case referral, preferred method of development of case strategy, and historical client cost information. SECTION VI Description of service to the City - Each proposer is requested to describe its methods of determining that matters handled will be timely, professional, and in accordance with City personnel's expectations, that unnecessary activities will be avoided, that ingenuity and resourcefulness by assigned staff encouraged, and how representing parties with interests adverse to the City avoid will be avoided during the contract term. SECTION VII Other (Optional) - This section is provided to allow for any other information, including alternate retainer agreement language you believe is important to be noted as a part of the selection process. APPENDIX (OPTIONAL) A. Resumes B. Brochures c. Letters of Recommendation D. Other III Ev.ALUATION PROCESS City staff will review and evaluate the responses received against the evaluation criteria listed below. Based on the evaluation of the written proposal by staff, the Contract will be awarded by the City Council. The City.Council has final approval and award authority regardless of staff recommendations. A. evaluation criteria: The evaluation will be based.on the responses received. The city reserves the right to reject any E'age 4 of 5 City of Meridian REP No. 02-001 City Attorney I Civil Legal Se~vices and all responses received if it determines that action to be in its best interest. The following criteria will be considered in evaluating the responses received: 1. Qualifications and Experience of the Firm: This will be evaluated based on the breadth and depth of the firm's recent and relevant experience in the provision of comparable legal services. 2. Qualifications and Experience of the Individuals Who Will Perform the Work: This will be based on the resumes and recent relevant experience of the attorneys who will be working with the City, especially those senior attorneys responsible for directing the services and advice provided to the City. 3. Demonstrated Understanding of the City's Needs: This will give credit to demonstrated insight; suggested approaches, priorities, or areas of emphasis; and innovative, constructive thinking. 4. Cost: The City is keenly interested in overall cost control and will evaluate carefully the proposed cost propo~als provided in response to Section IV. Page 5 of 5 City of Meridian RFP No. 02-001 City Attorney I Civil Legal Se~vices Nov-13-"02 05: 53P Fe r ,& Freeman 120{ :85130 / EXHIBIT I'B" (Attach copy of WP's Attorney Contract Proposal dated September 16, 2002) AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 13 P_ 16 RESPONSE TO RECEIVED SEP 1 6 2002 RFP NO. 02-001 City of Meridian City Clerk Office CITY ATTORNEY I crvn. LEGAL SERVICES FOR THE CITY OF MERIDIAN -' ATTORNEY CONTRACT PROPOSAL September 16, 2002 SUBMITTED By: WHITE, PETERSON, MORROW, GIGRA Y t ROSSMAN, NYE & ROSSMAN, P.A. Response to RFP No. 02.00 1 September 16,2002 Page 1 SECftON 1- FrRM lNTRODuC110N: \Vh.ite, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A. is a finn of sL'cteen attorneys. We are the largest law firm in Southwest Idaho outside of Boise. The finn has performed City Attorney services for the City of Meridian from 1998 to present We are proud of the services we have rendered to the City and are pleased to submit this proposal as we would like to continue our representation of this fast growing city. Because we have been your City Attorney for the past four years, we understand, better than any other lawyers, the demands that are placed on the Mayor, Council. and the various City Departments. The unabated growth in the City, the constraints placed on the budget as a result of the three percent cap imposed by Idaho law, and the need to play "catch up" is evident in every City function. Almost every attorney in our firm has been involved, at one time or another, in working on City of Meridian issues. .' Bill Gigray (former Caldwell and Greenleaf City attorney, and currently City Attorney for Wilder) began in 1998 and worked hard to develop systems, forms. etc. to standardize many city processes, especially as they relate to planning and zoning decisions. A major effort was made to codify then existing City ordinances. which, when completed, made it easier for City officials. and customers ofllie City to find the applicable laws. Teny White (Nampa City Attorney), with three decades of experience in municipal law, has been working behind the scenes when he acts as a sounding board for ideas. trouble shooting, etc. T eny has also assisted all cities in Idaho by his work on the ASsociation ofIdaho Cities Legislative Committee. Phil Peterson, Todd Rossman and former partner Steve Pruss assisted Bill Nichols when the issue of the Bear Creek Park donation presented complex tax issues that mandated a special approach to the specific language in the subdivision approval findings. Bill Morrow. a fonner Canyon County Chief Deputy Prosecutor. is experienced in Federal Civil Rights defense, including cases for the City ofNampa. He is also experienced in environmental litigation. Chris Nye has represented the City in all of the judicial review proceedings that have been heard in the last four years, and to date. Chris has successfully defended the City's decision in all those cases. Chris also has represented the City ofNampa in eminent domain condemnation lawsuits. and has provided advice to the Meridian Public Warks Department on how eminent domain works, and what steps must be taken if, for instance, sewer tnmk easements cannot be obtained by negotiation with lando'NIlers. Eric Rossman served as the Planning & Zoning Commission "attorney for several years. and has successfully litigated judicial confirmations for the City of Nampa. Julie Fischer has assisted the Mayor and Human Resources Director on personnel issues and in policy review. Julie is also experienced in water law, and as the City grows, issues regarding water law "Will become increasingly important. Sam Johnson (Melba City Attorney), whose practice emphasizes litigation, has assisted the Public Works Department in defending the Public Works Director and City Engineer in depositions in a lawsuit involving the Waste Water Treatment.Plant Kevin Dinius successfully obtained the Judicial Confumation on the alternative financing for the new police station. Kevin also has been involved in construction WroTE, PETERSON', MORROW, GIORA Y, ROSSMAN, NYE & R~SSMAN, PA Response to RFP No. 02-001 September 16,2002 Page 2 litigation for the City ofNampa where contractors have not performed according to the contracts, and if that situation should present itself on a Meridian project, Kevin's experience would be exceptionally helpful in getting the project completed and recovering on the performance bonds. As for Bill Nichols' involvement with the City. he has attended almost all of the COWlcil meetings since February 2000 and has met with every Department Head and other City employees on a variety of issues. He has also assisted the Association ofIdaho Cities in the annexation legislation fights in the 2001 and 2002 legislative sessions, including drafting portions of the new annexation law. We have performed excellent work for the City of Meridian, and we understand that there is much ~at remains to be done. We think we are the attorneys best suited to do that work, and if selected, pledge to work hard to improve upon the excellent service we already provide. At White Peterson, we consider ourselves not just attorneys. but counselors as well. In municipal representation, it is not sufficient merely to know whether some course of action is "legal." Many times it is more important to counsel the client on whether this "legal" course of action is best in the long run. That type of counsel only comes 'With experience, the type of experience that the lawyers of White Peterson bring to work every day. .~ , MtITE. PETERSON. MORROW, GIGRA Y. ROSSMAN, NYE & ROSSMAN. P.A. By: ~~ Terrence White President WHITE, PETERSON, MORROW, GIORA Y, ROSSMAN, NYE & RosstvtAN, P.A. Response to RFP No. 02-001 September 16, 2002 PageJ SECfION IT - AVAILABLE STAFF AND EQUIPMENT: We propose staffing the City of Meridian's anticipated legal services with the foHowing attorneys. based on their legal expertise and experience. We have provided a copy of the resume of each member ofthe finn attached to this Response as Appendix A. It is understood that this list is not all-inclusive and that the incumbent City Attorney, William F. Nichols, \Vill continue to direct each specific issue to the most appropriate lawyer in the firm to handle the matter. The following list of areas of expertise lists those attorneys who can provide representation in those areas. Ivf:r. Nichols \Vill continue to be the primary attorney for the City including attendance at most Council meetings. Terry White and Chris Nye will be the partners who will serve as backup for attendance at Council meetings. A5 explained in Section III, we intend to mentor Nick Wollen and one other associate to be able to attend an occasional Council meeting. Mr. Wollen win attend Planning and Zoning Commission meetings. Administrative Law: WiHiam A. Morrow Christopher S. N ye Annexation Law: William F. Nichols Terrence R. White CondemnatioolEminent Domain: Christopher S. Nye Construction Litigation: Kevin E. Dinius Collections and Bad Checks: William F. Nichols EEOC; Human Rights Commission: Julie Klein Fischer Eric S. Rossman -' Employer and Income Tax Law; Wages and Benefits: Philip A. Peterson Todd A. Rossman Employment Law: Julie Klein Fischer Eric S. Rossman Environmental Law (including NPDES Permitting, Clean Water Act, Clean Air Act, Hazardous Wast~ TMDL, and Effluent Trading): William A. Morrow WHITE, PGTERSON, MORROW, GIQRA Y, ROSSMAN, NVE & ROSSMAN, P.A. Response to RFP No. 02-001 September 16, 2002 Page 4 Evictions: Christopher S. Nye D. Samuel Johnson William F. Nichols Foreclosures: William F. Nichols Terrence R. White Franchisingff elecomm unications: William F, Nichols General Litigation: William A. Morrow Eric S. Rossman Kevin E. Dinius ", Planning and Zoning Law: William F. Nichols Terrence R. White William F. Gigray Nicholas L. Wollen Public Meeting Requirements: William F. Nichols Terrence R White William F. Gigray William A. Morrow Public Records Law: William F. Nichols Terrence R White William F. Gigray William A Morrow Public Works Contracts: William F. Nichols Terrence R White William F. Gigray William A. Morrow Kevin E. Dinius Property Acquisition: Terrence R White Julie Klein Fischer William F. Nichols Todd A. Rossman WHItE, PETERSO~. MORROW, GIORA Y, ROSSMAN, NYE & Ross~lAN, P.A. Response to RfP No. 02-00 l September [6, 2002 Page 5 Real Estate Law: Terrence R, White Julie Klein Fischer William F. Nichols T odd A Rossman State I Ferleral Civil Rights Defense: William A. Morrow State I Federal Civil Defense: William A. Morrow Christopher S. Nye Eric S. Rossman Julie Klein Fischer D. Samuel)ohnson Kevin E. Dinius Nicholas L. Wollen State I Federal Criminal Defense: Christopher S. Nye William A. Morrow Unemployment Claims: Julie Klein Fischer Water Law: J ulie Kl~in Fischer Workers Compensation: William F. Gigray I>.SaxnuelJohnson White Peterson has a total of 16 attorneys and 21 support staff, including 12 legal assistants, 2 paralegals, 3 administrative personnel, and 4 general office support staff. In most cases. a staff member will support attorneys based upon their experience in a particular area of law rather than specific attorney/staff assignments. For instance. a legal assistant with many years of experience in criminal prosecution will support an attorney in that one area, while another legal as;51stant with expertise in the field of real estate law may support the same attorney in real estate matters. We believe in utilizing everyone's interests and expertise to the fulJest to give our clients the best possible service. In addition to the considerable combined years oflega! experience of our staff, Marlene St. George has been perfonning the legal assistant duties for the Meridian City Attorney's office for approximately 15 years (for Mr. Crookston (1984-1993), City of Meridian (1996-1998), and for White Peterson (1998-Present)). Marlene is a great asset to the firm because of her extensive knowledge of City business, policies and procedures, and City personneL Backup procedures for staff coverage in case of absence, either planned or unplanned. is in place. Each legal assistant has at least one other staff member who is their replacement during WHITE, PETERSON. MORROW, GIORAY, ROSSMAN, NYE& ROSSMAN, P.A. Response to RFP No. 02-00 I September 16, 2002 Pase 6 absences or when they need additional workload assistance. Again, these assignments are based on prior experience and knowledge. Our Office Administrator, Kelly Andrus, is the point person for personnel issues. She has 25 years onega} experience, over 13 years of which is exclusively in legal office administration,. [t is her responsibility to see that all necessary support is available to each attorney at all times. If at any time additional support is needed, she will immediately evaluate and address those needs and remedy the situation. In 2001, our firm upgraded our network server to improve stability and security. In 2002 we purchased new desktop computers to replace those which could not be upgraded to accommodate the Windows XP Professional desktop operating system. The remaining computers were all upgraded, and now, all computers in the finn are running Windows XP Professional with Microsoft Office XP word processing and spreadsheet software. This has improved the stability of our network, and more importantly for Meri<;iian, the conversion from WordPerfect to Microsoft Word for word processing software has improved the ability of our office to quickly route documents and collaborate with City personnel in drafting documents and reducing errors in conversion from one word processing software to another. All documents are stored on the network server which is backed up daily. A laptop computer is supplied for any attorney attending a City Council meeting to be able to use the LaserFiche CD-Roms. Email is provided through lvllcrosoft Outlook XP. Norton Antivirus software is installed on the server and scans all incoming email and attachments. A dedicated fax line is used to insure that voice traffic does not interfere with fax ~missions. Digital cell phones are supplied to all attorneys whose practices involve any significant time out of the office. Our digital phone system includes voice mail which can be checked by attorneys, and staff, from their desks or from outside the office. Online legal research is provided through Westlaw. All lawyers and staff have access to the Internet through a dedicated high speed (not dial up) connection. Communication with the City wiU also be through courier. The firm employs a courier who will include City Hall in his route in order to pickup and deliver documents. SECTION ill - ABILITY TO PROVIDE REsPONSIVE SERVICES: WHITE, PETERSON, MORROW, G~aRA Y, ROSSMAN, NYE & ROSSMAN, P.A. Our proposal for services, as outlined in Section IV below, essentially allows the firm to reserve time by the attorneys who will be primarily assigned to serve the City of Meridian. For e~ample, William. F. Nichols is designated as the primary attorney for the City. Knowing this, he willl'estrict his outside practice to limit the number of instances where work for another client will interfere with his ability to respond in a timely fasmon. Ifhe cannot respond as needed by the City, the finn bas the depth and number of attorneys that will allow the finn to assign,another lavvyer to the emergency, Response to RFP No. 02.001 September 16,2002 Page 7 .," , One of the ways that services can be provided in a timely fashion will be for our finn to implement a mentoring program to take less experienced la~ers and train them in the skills and knowledge necessary to provide excellent advice. Our proposal contemplates mentoring Nick Wollen and another associate to be named later. Both will attend Planning and Zoning Commission meetings, We also intend to have them attend a number of City Council meetings before asking them tosit in the attorney's chair at Council. With the change in meeting format, and the desire of the Mayor and Council to keep meetings from going past 10 p.m., we believe that there will be COWlcil meetings where these associate attorneys can provide excellent advice and allow the Council and the Mayor to rest assured that adequate coverage is maintained when NIr. Nichols is not available for a meeting. We have emphasized to lawyers and staff alike, that time is of the essence in City , processes. City employees and City customers often need quick resolution of issues. We feel that we have been available to respond to these demands, and have worked with department heads and the Mayor to review and discuss how to improve the processes and methods we use, especially in the Planning and Zoning arena. Our proposal contemplates assisting the Planning and Zoning Department in making the transition from the current situation where all recommendations and findings are prepared by our office. to a new era where recommendations and findings are prepared by the Planning and Zoning Department- That department identified issues related to accuracy of documents as the target of one of their goals in the 2002 Strategic Plan. Improving the accuracy of recommendations and findings will improve the City's relationships with developers, engineers, and builders, as well as the public as a whole. OUr ftnn assisted the City in taking planning decision documentation to a higher level from what there was before we were engaged as attorneys for the City, and we want to help take that documentation to the next level. For areas of law which only occasionally confront the City, our firm has the depth and experience to put the right lawyer on the problem. We contemplate that when an issue comes up, either Mr, Nichols or Mr. White will act as the gate keeper to determine which lavvyer would best be assigned to that matter. Any time-sensitive matters will be treated accordingly. For example, if a water Jaw issue comes up, Julie Fischer can respond to the affected department. If litigation is necessary or threatened, one of our litigators can be assigned to work on that case. In Section II we have designated certain assignments. Assignments outside of those designated in this proposal will be discussed with the affected department head, or the Mayor, as applicable. before the assigninent is frna1izecL - SECtION IV - COST FOR SERVICES: As the City is aware, in the past we have used an approach to billing for services which included a wide variety of services in the basic retainer. There have been vel:Y few instances where work outside the retainer was done. For instance, the police station judicial confirmation WHITE, PETERSON, MORROW, GroRA Y, ROSSM<\N, NYE & ROSSMAN, PA Response to RFP No. 02..nO I September 16, 2002 Page 8 in 200 I cost the City about $4000 in extra legal services from our tirm. The advantage to a City to have a broad retainer is that it typically reduces the risk that legal services will exceed what has been budgeted. This essentially puts the risk on the attorneys that the services needed 'NilI not exceed the attorney's projections. A significant advantage to a fixed retainer is that it allows City employees and officials to seek and receive advice timely, and without the hesitation that sometimes occurs if each phone call or conference is billed separately. Under our current retainer, employees and officials, can call or meet with one of our attorneys on almost any matter, and the consultation is included in the monthly retainer at no extra charge. In our practice we are often called by citizens or developers to discuss a particular matter or when they wish to present a concern to the City Attorney. Those calIs often are a direct referral from the City. If all calls are billable outside of the retainer, it could negatively impact a particular department just because a neighborhood is fired up about a proposed development, etc. We are also aware that the City is keenly interested in cost contaimnent and only paying for what it needs. That is why our proposal contemplates a combination of monthly retainers to cover basic services, and additional services on an as needed basis at an hourly rate that is significantly lower than our typical hourly rates. In the basic retainer you will see that we have . proposed two sums, one if we keep an office in Meridian. and one if we provide the seIVices from our office in Nampa. As you are aware, we are not submitting a proposal to provide criminal prosecution services to the City. With the elimination of prosecutors and their support staff. it would be impractical to keep our Meridian office unless the basic retainer covers that additional overhead. Our office in Narnpa is located just seven miles west of Meridian on Franklin Road.. We are only fifteen minutes away from any City office. Since our civil practice has emphasized meetings at City facilities, as opposed to asking City employees and officials to meet us at our office in Meridi~ elimination of a physical presence in Meridian win not negatively impact our ability to communicate with the City. The monthly retainer without a Meridian office would be $17,500; with a Meridian office it would be $21,000. Services outside the retainer would be billed at $125 (instead of$175) per hour for attorney shareholders (partners) and $100 (instead of$125) per hour for associates. Legal assistants doing work that would otherwise be done by an attorney would be billed at $60 per hour. The monthly retainer would be due at the beginning of the month. Services outside the retainer would be billed monthly and due by the fIrst of the month following the month in which the bill is rendered. Retainer services would include: attendance at four Precouncil and Council meetings per month and two Planning and Zoning Commission meetings per month; attendance at quarterly joint City/ACHD meetings; routine telephone and personal conferences with City employees and officials including the Mayor; attendance at one City staff meeting per month; drafting of ordinances and resolutions; drafting of agreements; subject to approval by the Mayor and WHITE, PETERSON, MORROW, GIORA Y, ROSSMAN, NYE & ROSSIvtAN, P.A. Response to RFP No. 02~OOI September 16, 2002 Page 9 COlUlcil, participation in Association ofIdaho Cities Legislative Council matters including participation in drafting legislation and testimony before the legislature if requested by Ale; responding to citizen inquiries regarding city ordinances not penaining to criminal matters; telephone and office conferences with builders or developers regarding pending development projects where our assistance is requested by City stiff; and re\>'1ew and commem on proposed policies including human resources policies. Services outside of the monthly retainer would include: representing the City in litigation, . including arbitration, brought on behalf of. or against, the City which is not covered under the City's insurance policy or policies; representing the City in prosecuting or defending claims (before litigation is filed) not covered by the City's insurance policy or policies; review or drafting recommendations, findings, or orders for development application decisions; personnel investigations and subsequent hearings; judicial confumatioos and bond proceedings; formation of local improvement districts for infrastructure constrUction; impact fee committee attendance and related follow-up; construction bidding disputes; a.ttendance at special Council meetings when requested by the Mayor or Council President; and any other matter not included in the retainer. The City will reimburse us for out of pocket expenses such as postage. photocopies, mileage, parking, travel, court costs and filing fees, long distance telephone charges, deposition transcripts, etc. incurred in connection with services outside the monthly retainer. If there is any question as to whether a particular matter is or is not within the coverage afforded by the retainer, the firm agrees to meet and discuss the issue with the Mayor and Council to resolve the same. If the City beUeves it necessary. we are willing to include in the contract a mechanism to resolve such issues, such as binding arbitration. It is important to note that there may be situations where there is a conflict or potential conflict, or where special expertise is needed, that will require the City to retain outside counsel. SECfION V - DESCRIPTION OF PRIOR ExPERIENCE: ";1 Most of the infonnation requested in this Section is covered in the response to Section I - Firm Introduction and in the biographical information of each attorney attached in Appendix A. Case strategies, and other strategies on municipal matters not involving a lawsuit, are developed by reviewing the facts/problem, reviewing the available options and discussing those matters with the appropriate people at the City, whether that be department heads, the Mayor, the Council or some combination. The client determines which direction to take after considering the relevant factors. Once a matter is underway, as the matter progresses, reports are made to the appropriate individuals. As decisions become necessary, we consult with the client. We remember that it is the client's matter and ultimately it is the client who must live with the outcome. The City must be involved in those decisions. WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, PA Response to RFP No, 02-1)0 t September [6, 2002 Page 10 With regard to historical client cost infonnation, we feel that the most pertinent infonnation can be fOlmd in comparing the fees paid by the City of Nampa. Our other municipal and quasi-municipal clients do not have the same volume of work or present the same demand for services. In order to compare "apples to apples," comparison to Nampa is more appropriate. For FY 2002-2003, Nampa will pay White Peterson a monthly retainer of $13,500 per month. Matters outside the retainer are billed at the attorney's regular billing rate. The matters covered by the Nampa retainer ~e slightly different from wbat is proposed for Meridian. For example, the Nampa City Council only meets twice per month, only on rare occasions does an attorney attend the one monthly Planning and Zoning Commission meeting, and when that occurs, the hours are billed outside the retainer. Additionally, our Meridian proposal has a discounted hourly rate for matters outside the retainer. SECfION VI - DESCRIP'l'lON OF SERVICE TO THE CITY: Beginning with the start of the new retainer, our firm will implement a tracking procedure to track assignments given to us by the City. As each assigmnent is made, the required date for completion will be determined between our office and the affected staff or . official and that date calendared in the tracking sheet Mr. Nichols will review the tracking sheet at least weekly to determine whether the required date can be met:. and if not, whether the matter needs to be reassigned, additional support staff used. etc. By understanding the City's expectations up front, work should be timely completed. If unable to complete a task as originally required, contact will be made with the affected department and Mayor, as appropriate. At the outset, all department heads, the Mayor and Council, are encouraged to provide feedback to our office if any expectations are not being met Between February and March of 2003, we will issue a survey to the Mayor, Council, and deparbnent heads which will be designed to ascertain whether we are meeting the expectations of City personnel. The results of the survey will be shared with the Mayor and Council and any deficiencies will be addressed. At any time if there is an issue of concern., the matter should be addressed to Mr. Nichols. If he is unavailable, or if the matter concerns him, the issue should be addressed to Mr. White. With regard to processes, our staff and Ia'W)'ers are encouraged to bring forth any ideas which may improve the delivery of legal services. Often it is the staff who find inefficiencies and devise new and better means and methods to get work done. We anticipate providing additional training on our existing software and will be exploring use of practice management software, including doctm:lent management and document preparation software as a way to improve what we do. Conflicts of interest are avoided by making sure every employee in the firm knows that the City is our client. We have conflict checking procedures in place and recently acquired new WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P A Response to RFP No. 02-00 I September 16. 2002 Page II software which wilJ be used to enhance conflict checks. The practice management sofuvare referenced above, if acquired, has a complex and thorough conflict checking mechanism. As a practical matter, in four years of representing the City of Meridian, there have been no conflict of interest matters. SEcnON vn - OTHER: There are a nmnber of issues facing the City which will involve the City's legal representatives. Here are some which we have identified The City's Strategic Plan under Challenge No.2 identified a Key Strategy of the City Clerk to review all City ordinances to remove outdated ones, identify "holes' and generally clean up the existing code. Strategic Plan Challenge No.4 includes a Key Strategy to find alternative funding mechanisms for the City. Recently, attendees at the Ale Legislative Conference were told that the legisla1;ure may assault the City's ability to receive sales tax revenues. If that occurs. the City may need to move up its review of implementation of a public safety impact fee to fimd construction of fire stations. Strategic Plan Challenge No.6 includes a Key Strategy to revise the City's Development code. This would involve a review of existing processes to see if unnecessary procedures can be eliminated or streamlined. The new Comprehensive Land Use Plan requires that the Subdivision and Zoning codes be revised to accommodate new uses, planning areas, etc. The documentation necessary for design and construction of Fire Station No.3 will need to be reviewed and commented upon before contracts are signed or bids are solicited. Financing and construction of a. new City Hall is a goal for almost everyone in the City. This will require negotiation of agreements for land acquisitio~ design and fInancing. Although there has been a recent setback regarding judicial confinnation of a new police building in Boise, if Council chooses to use financing similar to that used on the Meridian police station, a judicial confirmation proceeding will be required, and perhaps more importantly. the whole project will 'need to be reviewed with an eye to what may successfully pass scrutiny in ajudicial confirmation proceeding. Public Works is striving to transition from a developer fInanced infrastructure installation system, to a system where the City controls the timing and construction of those facilities. This changes the way easements are acquired and may necessitate eminent domain proceedings where WHITE, PETERsoN, MORROW, G[GRA Y, ROSSMAN, NYE & ROSSMAN, P.A. Response to RFP No. 02-00 1 Sep~ber 16,20Q2 Page 12 negotiations are unsuccessfuL Since the City has not condemned property before, this will be a major change in operations, and will require legal advice from someone experienced in condemnation lawsuits. The Parks Department is aggressively seeking to acquire new park land and that will require negotiation of purchase agreements as well as review of design and construction contracts. The partnering sought by the City will also require agreements between the City and nonprofit organizations to achieve the desired goal of providing more park space. The City must also finalize the Parks Master Plan as well as revised impact fee ordinance and fees. The Finance Department needs a document retention/destruction policy which will need to be coordinated with the City Clerk and reviewed under the Public Records Act. Finance will also be implementing GASB 34 which will require legal advice as needed. Renegotiation of the Area of Impact Agreement with Ada County to include collection of park impact fees and other matters. These and numerous other issues confront the City and attorney participation will be . required in most, if not all, of these issues. WHITE, P/rrERSON, MORROW, GroM Y, ROSSMAN, NYE & ROSSMAN, P.A. Response to RFP No. 02-001 September 16. 2002 ~ .J APPENDIX A Attorney Biographical Background WmTE, PETERSON, MORROW, GiGRA Y, RoSSMAN, NYE & ROSSMAN, P .A. TERRENCE R. \VHITE PARTNER EDUCA nON / BAR AFFILIATIONS · B:A. University ofIdabo. 1968 . J.D., University ofIdaho (cum laude), 1971 I Idaho Law Review, Board of Editors ., ~ , , . . · Bar Admission: I Idaho, 1971 I U.S. Tax Court, 198& · U.S. Court of Appeals, Ninth Circuit I Washington, 1992 ClJR.REIIT PRACTICE Practice at White Peterson emphasizes counsel to the City ofNampa, annexation law, planning & zoning, public meeting & records law, real estate law, pu~lic works contracts, corporate law, estate planning, and general litigation MUNICIPAL ExPERIENCE .. . City Attorney for the City ofNampa for 25 years. This representation has been on behalf of White Peterson on a contract basis. The advantage to a city of outside legal counsel is the ability to obtain experienced counsel on a variety of matters., ,General Counsel and point person for all City ofNampa matters. Also represent the Naihpa Urban Renewal Agency. GENERAL 1NTER.EST I MEMBWHlPS . " ~; . Deputy Prosecuting Attorney, Ada County. 1972 . -. President, Southwest Idaho Estate Planning Council, 1978 ' . Third DistriCt, PreSident, 1979~1980 " , ... , . Idaho State Bar, Chairman, Bar Exam Prep. Committee, 1991-1992 . RECENT CONTINUlNG LEGAL EDUCATION . Land Use Institute, Planning. Regulation, Litigation, Eminent Domain and Compensation . Modem Real Estate Transactions . Idaho Municipal Attorneys Association Annual Meeting. .j PHILIP A. PETERSON PARTNER EDUCA nON I BAR AFFrLIA nONS · B.S., Accounting, University of Idaho (cum laude), 1969 · J.D., University ofIdaho (cum laude), 1979 . Bar Admission: · Idaho, 1979 · U.S. District Co~ 1979 · U.S. Tax Court, 1980 to:.- CURRENT PRACTICE Practice at White Peterson emphasizes estate planning. employee benefits, real estate, probate, personal and business tax planning, and general business litigation. Mt.WCIPAL EJalERIENCE Provide pension and employee benefit counsel to firm muriicipal clients. GESER.oU. tvrEREST I MEMBERSHIPS . Southwest Idaho Estate Planning Council · Canyon Area United Way, Past President, Past Member of Board of Directors · Kiwanis Club ofNampa, 1981 to present, past President, past Treasurer and Member of Board of Directors '. - . · I Believe~ Inc., Member oiBoard of Directors · University of Idaho Alumni Association, Inc. Past member of the National Board of Directors ..... .-. .. ~Boise Philharmonic, Member of Board of Directors .',. .... .. ."" .....--. .. . ..... _ ...- ~. ~ .... ._ We ... 4 .. T .. . ., . . RECENT CONTINUING LEGAL EDUCATION -". ..'- ..co . ..... ,__... .. . Pension. Profit Sharing, Welfare, and Other Compensation Plans . Annual Idaho State Tax Institute ./ . .~I WILLIAlVI A. MORROW -, : I PARTNER EDUCATION IBA.R AmLrATIONS · B.A., Kent State University, 1973 · J.D., University ofIdaho, 1979 ~ · Bar Admission: · Idaho, 1979 · U.S. District Court, District ofldaho. 1979 · U.S. Court of Appeals, Ninth Circuit, 1983 · U.S. Court of Appeals, Tenth. Circuit, 1992 · U.S, Court of Appeals. District of Columbia Circuit, 1995 · U.S. Tax Court, 1995 ...., CURRENT PRACTICE Practice at White Peterson emphasizes complex probate matters. environment.allaw, business, real property issues, civil rights defense, and complex litigation. MUNICIPAL EXPERIENCE " L'~ Extensively involved in public records disclosure advice and litigation on behalf of the City ofNampa, including occasional attendance at council and planning and zoning meetings. Worked with the City of Nampa on its area of impact negotiations with Canyon County, and work regularly with the Nampa Police Department by providing a variety ofpoJice and criminal investigation advice, including training of police officers on various legal topics. Have represented municipalities in numerous civil rights lawsuits against Canyon County and the City ofNampa. GENERAL INTEREsT /:MEMBERSHIPS · Handled a. variety of planning,and zoning matters both privately and as the attorney for municipal entities. · Regularly provide counsel on governmental projects. · Involved in extensive environmental litigation and regulatory administrative law. · Civil Counsel. and later Chief Civil Counsel} for Canyon County, including legal advisor to Canyon County Planning & Zoning Commissio~ 1980-1985 , " · Chief Deputy Prosecuting Attorney, 1985-1987 . Assist in the representation of the City ofNampa. 1987-present . Co-counsel fo~ the City of Caldwell, 1990..1994 . Board of Directors and Officer of Kiwanis Club of Caldwell . Assistant Scout Master, Troop #221, Caldwell . Member, Idaho Trial Lawyers' Association . Member, American Bar Association RECENT COt-.'TINUING LEGAL EDUCATION , ,. . Basic Estate & Gift Taxation and Planning . Idaho Land Use: Current Issues in Subdivision Annexation and Zoning Law $ Employment Discrimination . En'vironmental Litigation and Advanced Forensics ;/1 '-> ~ , , , 'H ., < .~~ -' '. . " _ L . ,... . ... . _. -.........-- - , : WM. F. GIGRA Y, III rl , PARTNER ~ r . ~ . ,. EDUCATION I BAR AFFlLIATIONS . B.A., University ofIdaho, 1969 · J.D., University ofIdaho, 1972 . Bar Admission: · Idaho, 1973 · U.S. District Court, District ofldaho, 1973 · U.S. Court of Appeals, 1980 · U.S. Supreme Court .,,,,: .,"r ...:t CURRENT PRACTICE Practice at White Peterson emphasizes counsel to the cities of Wilder, Canyon Highway District No.4, Golden Gate Highway District No.3, Caldwell School District No. 132. Kuna Rural Fire Protection District, Caldwell Rural Fire Protection District, Wilder Rural Fire Protection District, Cambridge Rural Fire Protection District, Greenleaf Cemetery District. Garden Valley Recreation District, and Wilder Library District MU1'\'ICfPAL ExPERrENCE , ~ Counsel for various cities and districts dating back to the mid 1970's to the present, advising on all aspects of municipa11aw, including compliance with the Americans with Disabilities Act, Idaho Land Use Planning Act,. employment law, social security law, tax and bond financing issues, budget and ad valorem tax issues, local improvement district law; franchise implementation, contract law, human rights, education law and formation of educational. policies, inverse condemnation and eminent domain law and workers' compensation. SPECIAL TNrEREST IMEMBERSHrPS . Successfully obtained judicial confumation of milIion+ dollar issuance of certificates of participation for construction of irrigation system for Purple Sage Golf Course. , Represented the City of Caldwell in Fair Housing lawsuit . Represented School District in Class Action Race Discrimination lawsuit . Member, American Trial Lawyers' Association ( '. t,", ..' ....1 . Immediate Past President, Idaho Trial Lawyers' Association . President, Caldwell Foundation for Educational Opportunity, Inc. . President, Gr~enbelt Civic League of Caldwell. Inc. . Member. Foundation for Ada/Canyon Trail Systems RECENT CONTINUlNG LEGAL EDUCATION . Presenter, Basics of a Tort Claim Involving Subdivisions of the State of Idaho . Presenter, Land Use Law . Mediation & Workers' Compensation t , , .' .'! , .. J ,. .r . . ,. , , , . ~ EDUCA nON / BAR AFFllJA nONS · B,RA, Boise State University. 1986 · J.D., Gonzaga Law Scbool, 1989 . LL.M. in Taxation, University of Denver, 1990 J ~ Bar Admission: · Idaho, 1989 · U.S. District Court, 1989 · U.S. Tax Court, 1990 · U.S. Court of Appeals, Ninth Circuit · U.S. Court of Appeals. Tenth Circuit CURR.ENT PRACTICE TODD A. ROSSMAN PARTNER Practice at White Peterson emphasizes federal. state and local taxation, estate planning. wills. trusts, probate, elder law, complex real property transactions, including 1031 exchanges. and business entity planning. GENERAL INTEREST I MEI'vIBERSHlPS . Southwest Idaho Estate Planning Council (president. 1995) . Third District Bar Association (President, 2001-2002) . .. . _'" .", . . . .,.~ .. ,', '...0 ". ~. ._ ~. . . . ~'- _ :'. .. . . ...-. ....... , " . , CHRISTOPHER S. NYE PARTNER EDUCATION fBAR AFFlLIATIONS · B.A., University of Kansas, 1979 · J.D., University of Kansas, 1982 · Bar Admission: · Idaho, 1982 · U.S. District Court, District ofIdaho, 1982 C~T PRACTICE 'j :.~ Practice at Wllite Peterson emphasizes chi! litigation, real property litigation, and family law. MUNICIPAL ExPERIENCE 'j As Prosecutor for Canyon County, prosecuted criminal "iolations ranging from speeding tickets to first degree murder. As Public Defender for Canyon County, represented indigent criminal defendants on serious felony matters, including drugs, sex crimes, robberies and homicides. For City of Home dale, provided all legal representation including successful representation before the Idaho Supreme Court in the Planning and Zoning case of Brad v v. City of Homed ale (1996). Also represented the City of Caldwell in civil and criminal matters including direct supervision of all criminal misdemeanor matters, and the City of Nampa in litigation matters including successfully defending the City in a slip and faU case in 1997. GENERALl1'ITEREST / MEMBERSHIPS ,,'" "- . · Personally tried in excess of 50 jury trials and between 500-1,qOO court trials. · Canyon County Deputy Prosecutor. 1983-1986 · Canyon County Public Defendc;r, ~ 986~ 1989 .. _'. .., . . :~'-: :Contract-attOmey. rorthe State ofIdaho. J.?ept:' ~~Health~ We~fare · Successfully obtained the 'I~gest.verdict ever.aw.arqed .intJ).~J'bird Judicial District, .. Jacobson Feedlot v. First Interstate Bank (1990). Wm Morrow. lead counsel. · . Member, Idaho Trial Lawyers' Association .. . .~ · . .' Member, Association of Trial Lawyers of America .RECENT CoNTINUING LEGAL EDUCATIQN . Presenter, Judicial Confirmation . Dept. ofHealtb & Welfare. Armual Contract Attorney Meeting ERIC S. ROSSlVlAN .. c " PARTNER . . . '.: EDUCATION / BAR AFFn.IATIONS . B.B.A, Boise State University, 1989 . J.D., UniveI'3ity of Idaho, 1992 · Idaho Law Review . Bar Admission: · Idaho, 1992 · U.S. Court of Appeals, Ninth Circuit I U.s. Court of Appeals. District of Columbia Circuit CURRENT PRAc;rrCE . .;} 7:1~ Practice at White Peterson emphasizes complex civil, (eal estate, insurance and municipal litigation. MUNICIPAL EXPERIENCE Successfully pursued recovery of $400,000 claim against perfonnance bond of concrete sub-contractor in construction of the Idaho Center; successfully defended lawsuit by landowner against City ofNampa under Federal Rails to Trails Conservancy Act before Federal District Court and Federal Court of Appeals for District of Columbia; and successfully defended City ofNampa before the Idaho District Court in planning and zoning civil judicial review matters. GENERAL INTEREST I MEMBERSHIPS · SuccessfuJIy obtained judicial confirmation of $6.5 million dollar issuance of Certificates of Participation for construction and operation of the Nampa Recreation Center .-... . 4.4 .. .. -...., . 'i" . · Successfully obtained jUdiCIal confirmation of $3 million dolladssuance of Certificates of Participation for the construction and operation of the Ridgecrest Golf Course .' Successfully.obtainedjuclicial con:firmation of $3.5 million dollar and $12 million dollar , issuance of revenue allocation (fax Increment) bonds for various projects for the North .. - . Nampa Urban Renewal Agency including the construction and operation of the Idaho Center . · Member, Idaho Trial LawyerS''Associiti.on ., . . . Member, Kiwanis Club of Meridian . . .' .. . - "-' u_.__.._:....~ . Member, Association of TnarLawyers 'OX-America - -: :~.:.. _:~. .~~.. .', RECENT CONTINUlNG LEGAL EDUCATION , . '. . Handling Wrongful Termination Claims. . Guide to Federal Court Rules and Procedures in Idaho WILLIAM F. NICHOLS PARTNER EDUCATION I BAR AFmJA nONS · B.A., Linfield College (magna cum laude), 1977 . J.D., University of Oregon, 1980 · Bar Admission: · Oregon, 1980 · Idaho, 1986 · U.S. Ta.x Court, 1984 CURRENT PRACTICE "': Practice at White Peterson emphasizes the representation of the City of Meridian on an civil matters. In addition., private practice consists of probate, real estate, liens, foreclosures and creditors" rights. MUNICIPAL ExPERJE1'.lCE Meridian City Attorney, February 2000 to Present City Attorney and Assistant City Attorney for Cit;y of Nyssa, Oregon, 1983-1999 City Attorney and Assistant City Attorney for City of Adrian, Oregon. 1982~1999 City Attorney and Assistant City Attorney for City of J ordtln Valley, Oregon. 1988-1999 GENERAL INTEREsT I MEMBERSHIPS ~i . Member, Third District Bar Association · Member, }...1a]heur County Bar Association (Vice President, 1998-1999) · Member, Fee Dispute Arbitration PaneL Idaho State Bar · Member, Idaho Municipal Attorneys Association . Secretary, Real Property Section, Idaho State Bar RECENT CONT1NUlNG LEGAL EDUCATION-:' .. . Idaho Land Use: Current Issues in Subdivision Annexation and Zoning Law . Presenter, Land Use Law Update in Idaho, Land Division, 2001 · Scheduled Presenter, Land Use Law Update in Idaho, Land Division, Non Conforming Uses, Deceinber 2002 I , , .~ . .....1 . . ~ " :1 JULIE KLEIN FISCHER PARTNER EDUCA nON / BAR AFFILIATIONS . B.A., Albertson College ofIdaho (magna cum laude), 1989 · J.D., University ofIdaho, 1991 · Idaho Law Review, Symposium Editor · Bar Admission: · Idnho,1992 , · U.S. District Court, District ofIdaho, 1992 Cl:;rR.Rmr PJMCTICE Practice at \Vl1ite Peterson emphasizes employment law, water law, real estate transactions, and general civil litigation. MUNlCrP Al. EXPERIENCE Employment practice includes working with various municipalities regarding public employment issues, policies and procedures. GENERAL 1'ITEREST I MEMBERSHIPS . Conducted In~House training seminar for client entitled, "An Overview of Employment Issues" , RECENT CONTINUING LEGAL EDUCATION .. "~Fundamentals of Water Law in Idaho. Protecting Water Rights, Use and Quality · Hot Issues in Employment Law and Litigation ( D. SAMUEL JOHNSON PARTNER EDUCATION I BAR AFFILIATIONS · B.S., University ofIdaho, 1989 · J.D., University ofIdaho. 1993 · Bar Admission: · Idaho, 1993 · U.S. District Court, District ofIdaho, 1993 ./ CtJRRENT PR.-\CTICE Practice at White Peterson emphasizes general civil litigation encompassing employment law disputes, tort claims. contract/construction law disputes. real property disputes. lien foreclosure matters and other various civil litigation matters. I am also general counsel for the city of Melba, Idaho. MUNICIPAL EXPERIENCE As General Counsel for the City of Melba, advise on all issues and aspects of municipal law, i.e. land use. planning and zoning, public works. drafting of ordinances and resolutions, and attendance at regular and special City Council meetings. Former prosecuting attorney for the cities of Wilder and Greenleaf and was responsible for prosecuting all misdemeanors and infractions and appearing at other various hearings and proceedings before the Magistrate Division of the District Court for Canyon County. GENERAL INTEREsT I MEMBERSHIPS ._~. . ,:- .: ... :Idaho Trail Lawyers' Association · Kiwanis Club. Meridian . RECENT CON'IlNtJrn'G LEGAL EDUCATION · Persuading and Communicating .with Modem Jurors · Uninsured and Underinsured Motorist Law in Idaho KEVIN E. DINIUS " , P ARTh"ER EnUCA nON I BAR AFFILIATIONS . B.A, Boise State University (cum Iaude), 1996 · J.D., University ofIdabo (summa cum Iande). 1999 · EditofwIn.Chief: Idaho Law Review, 1998-1999 . Bar Admission: · Idaho. 1999 · U.S. District Court, District ofIdaho, 1999 CtJRRENT PRACTICE Practice at White Peterson focuses on commercial litigation, lender liability, personal injury, and construction litigation. MUNICIPAL EXPERIENCE Judicial confirmation for the City of Meridian in 2001 for the construction of the n~w Meridian police station. Currently represent the City ofNampa., Public Works Department, in connection with all public works projects and associated litigation. GENERAL INTEREST I MEMBERSHIPS . Member. Nampa Babe Ruth. Board of Directors . Member, Phi" Kappa Phi RECENT CONTINUING LEGAL EDUCATION . Public Works contracting and litigation . Construction law, and various aspects of commercial transactions and associated litigation ,I "1 " .J ( DAVID M. SWARTLEY ASSOCL\TE EOUCA nON I BAR AFFILIA nONS · B.A, University ofPuget Sound. 1992 . J.D., University ofIdaho, 1995 · Bar Admission: · Idaho, 1998 · U.S. District Court, Di~ct cfIcbhc, 1998 CURRENT PRAcrrCE Practice at White Peterson includes civil litigation. with an emphasis on personal injury and medical malpractice matters, and criminal matters. MUNICIPAL ExPEluENCE Criminal prosecution and Planning and Zoning Commission meetings. RECENT CONTINUI1"fG LEGAL EDUCA nON · Effective Expert Witness Examination in Idaho . Winning Trial Techniques · Evictions and LandlordITenant Law in Idaho _. _. L....... ., ,.... ...... .... a.. ~~.... ( ERICA S. PHILLIPS .', AsSOCIATE EDUCATION I BAR A..FF1LrAnoNs . B.A, University ofIdaho, 1993 . J.D., University ofIdaho (summa Ctull laude), 1999 · Executive Editor, Idaho Law Review · President, Women's Law Caucus . Bar Admission: · Idaho, 1999 CURREN'T PRACTICE Practice at White Peterson emphasizes civil litigation, with r; particular focus on appellate practice. MUNICIPAL ExPERIENCE Internship with the Boise City Attorney's office. summer 1998. Primary duties involved working with Public Works Department on complete revision of Boise City's sewer ordinance and various Parks & Recreation issues. GENERAL IN1'EREST I MEMBERSHIPS . Associate Attorney. responsible for employment based immigration cases. 2000.2001 . Judicial Clerkship for the Honorable Chief Justice Linda Copple Trout, 1999-2000 . "Member. American Bar Association "". , . . ..' __n ~....._... .....-"0.: ~;...:. .._'. .:. ..r-.,._ . - RECENT CoNTINUING t.EGAL EDUCATION . Criminal Law Issues for the Civil Practitioner . Criminal Justice Aspects of Immigration Law . Appellate Practice in Idaho; Critical Steps in an Effective Appeal " , T. GUY HALLAM, JR. AsSOCIATE EDUCA TION IBAR A.FFn.IATIONS . B.A., University of Tennessee, 1993 . J.D., Northwestern School of Law at Lewis & Clark College (cum laude), 1998 . Bar Admission: · Oregon. 1999 · Idaho, 2000 · Idaho Federal Courts, 2000 CCRRENT PRACTICE Practice at White Peterson emphasizes business litigation, including lender liability, contract and employment disputes, and agricultuml Jaw. Also practice in the areas of insurance litigation, medical malpractice and environmental disputes. . : , MtJNICIPAL ExPERIENCE Property taxation and regulatory enforcement actions for various governmental entities. GENERAL INTEREST ", . . Clerk for the Honomble Karen Lansing, Idaho Court of Appeals, 1998-2000 " RECENT CoNTINUlNG LEGAL EDUCATION . The Developing Law of Insurance Bad Faith in Idaho . Uninsured and Underinsured Motorist Law in Idaho NICHOLAS L. \VOLLEN ....... t. ASSOCIATE EOUCA TION IBM AFFILIATIONS · B.A, University ofIdaho, 1997 · J.D., University ofIdaho. 2000 · Bar Admission: · Idaho,20aO .' ".. CtJRRENT Pl;L4,CTICE " ", Practice at White Peterson emphasizes civil and criminal prosecUtion for the City of Meridian. MUNICIPAL EXPERIENCE Prosecutor, City of Meridian, 2002 Advising Counsel, Meridian City Planning & Zoning Commission Assistant City Attorney, City of Melba Assistant Prosecutor, City of Homedale RECENT CoNTINUIN'G LEGAL EDUCATION . Presentation ofllie Plaintiffas a Witness · The Developing Law of Iosurance Bad Faith in Idaho · Land Us~, Planning & Zoning. ~1 . Criminal Law & Procedure .... +..... ..:. .. _ .__. 4 ,',.. .., - - ..... .-. - -........ ".- . __~ ......4. . . .., ...... ,>. -- .. ._~~....._....._...... - ..-.... . ?leu.8e. ?o~ j;y ~lA-bUc.. YW-h'Ct. .--7hML~8! CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a public hearing for consideration of an amendment to the 2003 fiscal year budget by appropriating additional monies received by the City of Meridian, said hearing to be held at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at 7:00 p.m. on September 23,2003. PROPOSED ADDITIONAL EXPENDITURES General Fund: General/Admin. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Police Department ............................. Fire Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parks Department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TOTAL ............................. GRAND TOTAL ............................. $ (26.400.00) $ (9,800.00) $ (45,922.00) $ 180,320.00 $ 697,527.00 $ 795,725.00 $ 7,500.00 $ 803,225.00 Enterprise Fund: Water & Wastewater. . . . . . . . . . . . . . . . . . . . . . . . . . . . PROPOSED ADDITIONAL REVENUES { FUNDING SOURCES General Fund: Other Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special Services Revenues. . . . . . . . . . . . . . . . . . . . . . Special Services Fund Balance. . . . . . . . . . . . . . . . . . . TOTAL ............................. Enterprise Fund: Other Sources ~ . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . $ 98,198.00 $ 112,060.00 $ 585,467.00 $ 795,725.00 $ 7,500.00 $ 7,500.00 $ 803,225.00 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GRAND TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expenditure of the monies will be in accordance with the provisions authorized by the amendment of the budget. Publication dates of the notice of the public hearing are September 15th and 22nd, 2003, in the Valley Times. \\\\\1\11 II rlllllllllf/ "'\"~l Of MEI1/D. II" ,...' :\""' ~ ....'l " c} OJ:>~ 'lA.-:.. ~ ot\P '''9)'; 'V ~ .:: ~() ~o ~ ~ ~ ~ - ~ Dated this 10th day of September, 2003 .JI~~