HomeMy WebLinkAbout2004-04-20
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, April 20, 2004 at 5:30 p.m.
City Council Chambers
1. Roll-call Attendance:
X Shaun Wardle _L BiH Nary
X Charlie Rountree L Keith Bird
.K- Mayor Tammy de Weerd
2. Adoption of the Agenda: ap~ V<....-
3. Presentation of Procedure I Process of Construction of Government
Building by Civic Partners: ~ ~
(* 45 minutes)
4. Update on Market Strategy by The Hudson Company:
(*30 minutes) frr.e ~^-
* Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - April 20. 2004 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for dIsabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
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MAYOR
Tammy de Weerd
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CITY COUNCIL MEMBERS
Shaun Wardle
William L. M. Nary
Charles M. Rountree
Keith Bird
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LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS & RECREATION
(208) 888-3579 . Fax 898-550 I
PUBLIC WORKS
(208) 898-5500 . Fax 887- [297
BUILDING DEPARTMENT
(208) 887-2211' Fax 887-[297
PLANNING & ZONING
(208) 884-5533 . Fax 888-6854
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, April 20, 2004 at 5:30 P.M. The Meridian City Council will be
discussing agenda items which are on the regular scheduled City Council meeting as
well as the following issues:
Presentation of Procedure / Process of Construction of Government Building by
Civic Partners
Update on Market Strategy by The Hudson Company
DATED this 16th of April, 2004.
A--,
The public is welcome to attend the meeting.
33 EAST IDAHO AVENUE' MERIDIAN, IDAHO 83642. (208) 888-4433
City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
May 20, 2004
MERIDIAN CITY COUNCil MEETING
APPLICANT
May 25, 2004
ITEM NO.
REQUEST Approve minutes of April 20, 2004 Pre-Councll Meeting
AGENCY COMMENTS
ClTY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUilDING DE?T:
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:
SffiLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
'f\~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become properly of the City of Meridian.
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, April 20, 2004 at 5:30 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Bill Nary
Charlie Rountree Keith Bird
_ Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Presentation of Procedure I Process of Construction of Government
Building by Civic Partners:
('" 45 minutes)
4. Update on Market Strategy by The Hudson Company:
("'30 minutes)
"'Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - April 20, 2004 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Pre-Council Meetinq
April 20. 2004
The Meridian City Pre-Council meeting was called to order at 5:30 P.M. on
Tuesday, April 20, 2004 by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Bill Nary, Keith Bird, Shaun Wardle
and Charlie Rountree.
Staff Present: Gary Smith, Bill Nichols, Anna Powell, Kenny Bowers and Will
Berg.
Item 1.
Roll-call Attendance:
X Bill Nary
X Shaun Wardle
X Keith Bird
X Charlie Rountree
Mayor Tammy de Weerd
X
Item 2.
Adoption of the Agenda:
Bird: I move that we adopt the agenda as published.
Rountree: Second.
Nary: It's been moved and seconded to adopt the agenda as published. All
those in favor say aye.
ALL AYES. MOTION CARRIED.
Item 3.
Presentation of Procedure I Process of Construction of
Government Building by Civic Partners:
Nary: I think the presentation is going to be by both Planning as well as Steven
Semingson - did I say that correctly?
Semingson: Absolutely.
Nary: Great. Okay, you have the floor.
Semingson: I am Steve Semingson with Civic Partners. With me this evening is
Mike Herrero, also with Civic Partners and previously with the - there you go -
okay thanks. Mike was previously with a representing the public member of a
public/private partnership where we worked together. Mike on the other side of
the table doing a project that has some similarities to what I understand would
meet some of your goals here. So, I thought it would be good for Mike to provide
the public agency perspective on a joint powers authority building that we
developed together in Modesto, California four or five years ago. Also with me
Meridian City Pre-Council Meeting
April 20, 2004
Page 2 of 20
this evening is Matt Caplin and Eric (last name inaudible) who have an interest in
public/private partnering and thought this might be an informative evening for
them. So, glad to have them traveling with us. There are many ways to provide
for public agency facilities and public/private partnering and certainly we feel is
the most effective both most cost effective and the most efficient if the goal is to
have the public facility as a component in to a more larger scope urban renewal
project. So, I am going to be directing my comments towards what I perceive as
potentially your goal of linking both the creation of public facilities to some urban
renewal activities in your downtown. May I say just a few words about Civic
Partners? Before I do that I do want to let you know that I am really here this
evening because my friends at the Hudson Company and ZGA have asked that I
come in and give you some thoughts to really spur some, maybe some questions
for them and while I am here I am available to answer any questions you might
have also. I think it's very important that we recognize that when we talk about
public/private partnering, where the private sector and the governmental
agencies work together to accomplish something. It really is truly a partnership.
That doesn't necessarily mean that the private sector is trying to get into the
wallet of the public sector, but that it's a strategic alliance where the parties work
together and contribute resources that go well beyond the economic resources.
Certainly they together invest the intellectual capital to make it happen and
create the development truly as a team. The goals have to be clearly identified
and mutually understood to the extent that they are not absolutely parallel before
you really get started in our view we have to work hard to make them as
consistent and conformed to one another as we can. It is a process. It's more
than just a partnership on a document that goes in a drawer somewhere and is
pulled out when there is some issues that need to be resolved. It is truly an
activity that has to be coordinated together and the stakeholders need to be
identified upfront and really become a task force, almost like a board of directors
of an endeavor. This particular side is one that we created on a project that we
are doing in northern Washington, the State of Washington. It's how the
collaborative process takes us from the identification of the stakeholders through
some of the earlier research and this is a process to get only to the design
phase. It is a complicated process, but with the dedication of each of the
members of the partnership it is so much more efficient from an economic
standpoint. We, Civic Partners when we get involved in a project that is either
urban renewal or the creation of a public facility start by making sure that the
public goals are clearly identified and communicated to us in that we accept the
public goals. It's much easier for the private sector to adapt some of their
economic concepts than it is to in most cases to move the goals of the public
agency because that's a more complicated process and it's not just you folks that
are elected officials and your staff, but the community representatives as well.
So, it's critical that we identify what the public goals truly are. In some cases the
public goal may be simply place-making urban renewal; it may be the re-
posturing of vacant parcels or in your case, the creation of a new public facility
that's part of the place-making and the urban renewal of the area; the next step
for us both for Civic Partners and for the partnering team. The team of
Meridian City Pre-Council Meeting
April 20, 2004
Page 3 of 20
stakeholders is to identify those private components that are there to support the
public goals. We find that rarely is there just a single public goal that needs to be
met and almost always it's a desire to activate what might be an area that
perhaps is vibrant during the normal workday of eight to five on weekdays, but
slows down or hibernates evenings and weekends and so we find that in almost
every case it's the desire of the public agency that truly activate the area. We
like to consider the urban plan and the urban design first from what we would
refer to as the fifty thousand foot level and that's looking at the community
dynamic and understanding how - what the role history has played in the
infrastructure that's there and the facility that exist in the community at - or when
we start, but also we need to consider what is the legacy that we leave behind
that becomes history for tomorrow's generation. In the next slide or two you will
see some of the economic tools that are in our tool chest for creating efficient
public/private partnering projects and these tools need to very much conform to
the design and the design has to be very much created so that it can take
advantage of the tools. We find that the place-making part of the process is key
if we are going to attract the activity generating retail that most communities are
looking for in their downtown. We need to consider what that success is going to
lead to, what kind of problems down the road do we face once we are successful.
Certainly, it puts a burden on the infrastructure and especially parking. Then how
does the design impact the availability of the economic tools and you will see 15
or 20 on a subsequent slide. This slide is,just here to illustrate that the good
news is there are many tools that can help create the economic engine for a
successful urban development - I think the buzz word today that most of us are
familiar with is the urban village concept. But it also provides a challenge from
the standpoint of the management complexity. Here are some of the tools that I
talked about and I really don't intend to spend any time going through these
tools. I would encourage that if you wanted to look at that page in the handout
and you wanted to ask specific questions about some of the projects that we
have done, I would be glad to address that. This chart is a bit mind-boggling. It
is three components that came together to form a mixed-use project and it's
there to, again, to illustrate the level of complexity you will not find this chart in
your handout. The outreach to the community is always essential and we find
that it's necessary that each member of the public/private team be prepared to be
very active in the public outreach process. You will see the third bullet point
there, the road show, on one of our projects where we needed to have a super
majority votes in order to get the authorization for the funding. We created a
road show and had an education session for elected officials, for members of the
Chamber of Commerce for very interested community members and looked for
an open agenda in any public meeting that was available so that our story could
be told. As a result, when we were faced with the terrifying aspect of going to a
public vote for the authorization and needing (inaudible) and two-thirds percent,
we ended up with about 74 percent vote for the approval. It was not - in most
cases the project is something that the community is very interested in, but it's
the misunderstanding, the ill-informed public that really will rail against it and we
found a more thorough - the public forum and the education process is the
l.
Meridian City Pre-Council. Meeting
April 20, 2004
Page 4 of 20
higher the probabilities is that the higher the probabilities are the we are going to
avoid the confrontational problems that you sometimes have when you are
processing a mixed-use project. It isn't all real estate development projects and
especially in mixed-use projects. There are challenges although in our opinion
the challenges of a public/private partnership approach to development are less
daunting than the challenges that you would have in a more traditional approach.
What I would like to do here very quickly is just profile in a moment or two on
each some public/private partnering projects and what the public goals were for
each of the projects. Mike is going to talk about one of those communities where
he was very involved from public facility side and is now very involved from the
private side. Vista Village is a community approximately the same size as
Meridian in north San Diego County. To use the words of William Hudnutt talking
about a different community, but it very much fit Vista is that there is no "they're"
there. Vista is a bedroom community. It had no heart and soul and so here the
public component of this project was really creating the heart and soul for the
community, the gathering place, the downtown. So, from a physical standpoint
the public component is the main street that we created and it's been a great
success and it's the place where the folks in the community now go to see and
be seen by their neighbors and they no longer have to go to the neighboring town
for a special dinner or some entertainment. Tenth Street Place is in Modesto,
California. It's the projects through which Mike and I met and we started on the
very early parts of this project - really just looking to see if there was an
opportunity for civic and for the community to work together, I think, in maybe
1993 - '91. I am going to hand the mic over to Mike here and he will tell you
about experience from both the public side and from the private side.
Carrero: Good evening, it's a pleasure to be here. For just a way of background
for over 25 years I worked for the City of Modesto. Most of that time was in the
City Manager's Office. One of my responsibilities in the City Manager's Office
was economic development or re-development. I think I will start with the
question of why did we become interested in doing partnerships with private
developers at the City of Modesto because I think this is a fundamental question
that you need to ask yourself. What is the value in doing this? Why would you
do this? For us it was simply a straight matter of economics and that we have
certain goals we wanted to achieve in Modesto and particularly in the downtown
area and we did not - could not foresee a situation that we would ever have
enough resources at the City of Modesto to accomplish all those goals. So, we
felt the way that we could achieve as many of those goals as possible is to try
and enter into partnerships with private developers and we were really - we were
true believers in the sense even as public agency personnel that the private
development process could be used to achieve public goals and not in an indirect
fashion that they could directly be used to achieve those public goals. This is
why we became interested and involved in partnerships. We - I start out and
now work on the other side of the table, but there have been a number of these
partnerships that have occurred and again it was a way of attracting more
resources and more attention to the problems we saw and the solutions we
Meridian City Pre-Council Meeting
April 20, 2004
Page 5 of 20
thought were available. So, we came at it from that selfish point of view, I guess
you could say. That this was a way to help achieve those goals. I kind of look at
the decay of a lot of our downtown or core areas in a cycle. It starts with a lack
of private investment. So, you don't have private property owners or private
businesses reinvesting in properties or investing in new development. So, you
go through a period of this decline in private investment. Sometimes you get out
of that down spiral all by itself and it comes with new private investment. For
most cities, especially I think for most smaller and medium-sized cities it takes -
there has to be something to kick start the investment process again and usually
that's the public agency, it's the re-development agency, it's a development
corporation whatever it may be. It's almost always some form of a public
investment that kick starts the investment cycle again and sends a signal to the
private community that if you invest your money in this area we are going to be
investing along with you; we are going to be partners. This is not the direct
partnership, but this is a partnership of sorts that both the public and private
sector are going to be making investments in an area. From my perspective, as
a public agency you need to first set the stage for the private investment and I
got a very quick briefing this afternoon about what's been going on here, so it
appears you are well on your way to this and you need a plan. You need to have
thought through what it is you want a particular area, be it downtown or any
place; what it is you want to have there; what you want to achieve; what your
goals are. Now a developer can work with you on that process. Giving an
example I am working in the City of Napa, California right now. I left to go to
Napa on a Friday for a meeting so I can stay all weekend. We are going through
a process of developing a strategic plan for investment in downtown Napa,
primarily with a focus on how to bring new housing into the area. So I am sitting
there just like a normal citizen participating in the stakeholder prosthesis. But
that's the first thing, you have got to get your act in order and you have to set the
stage with the planners for strategic vision for what you want to have happen in
an area. Then as I mentioned before there needs to be a signal to the private
investment community that you are willing to invest your money and it doesn't
have to be a huge amount of money it just has to put the idea that the public
agency is going to invest what it can in the re-development area. Let me tell you
a few things I think is sort of another category. Go into this with your eyes wide
open, though. These prosthesis and these partnerships are not without their
problems. Probably the most be-deviling problem is the length these projects
take to fruition. I mentioned '91 because I didn't want to cheat the Modesto
process. I first met Steve in 1991. This project you see on the screen here didn't
open until 1999. During that time we went through two city managers, four
different sitting city councils, so there are and various changes in the plans. The
final project doesn't look a whole lot like the original project, so it takes a lot of
perseverance, a lot of political perseverance to do these major re-development
projects and especially the public/private partnerships. So, you have to go in
with your eyes wide open and you need to have a lot of patience and
perseverance to get these projects done. The other thing that sitting in the public
staff that I got barbs at in the kind of formed guidelines for me is to the
Meridian City Pre-Council Meeting
April 20, 2004
Page 6 of 20
expectations the public agencies have to have. When you get into public/private
partnerships there are a couple of rules and the two that stick with me the most
because I heard these complaints was the developers have got to make a profit
and it may sound very crass, but you aren't going to get any public/private
partnerships if there is not some profit on the private side of that ledger. I can't
begin to tell you how many times I sat in meetings and got criticism as the public
agency because why is the developer making - and the way we deal with that
issue is we bring in a third party economic consultant and tells us this is a very
reasonable return on this investment. It makes us feel good, but it doesn't
necessarily deflect that political criticism. The other thing I came to believe and I
think is a good guideline for public agencies and I (inaudible) that those who do
it, do it. That means the private developer, if you have picked the right developer
and you are in this partnership that they have you picked them because they
have some expertise and they have some idea about the market, about rents and
about whatever the issue may be. They are really your expert and you need to
rely on them. I am going to give you an example in Modesto. The Modesto
project has three major pieces to it. The billing you see on the lower right corner
is a public administration building. It houses the City of Modesto's administration
offices and the County of Stanislaus where we are located administrative offices.
The first floor of that building is retail space owned by Civic Partners. Just this on
the side one of the goals that we had in the city manager's office was we felt we
could have local government that was much more efficient and there was a
whole heck of a lot from our perspective of duplication between city services and
county services. We thought there is no need to have two purchasing
departments, two personnel departments, two of this and that right across the
street from each other when we could have a much more efficient operation with
consolidated departments. That was too politically hot to handle, as it probably is
almost everywhere. We took the intermediate step and this building we have the
purchasing department for the city and the purchasing department for the county
sitting side by side. We saw this as the first step to eventually trying to achieve
greater efficiencies and avoiding duplication in these government services. So,
this building is truly a joint venture between the city and the county and we have
the first floor with retail space. The second component of this project is the
drawing you see in the center of it adjacent to the city/county office building is a
three story private office building that we built and leased and then if you look at
the slide on the top right corner that is a cinema. That's an 18 screen, four
thousand-seat cinema that's right across the street from the public administration
building and the three-story office building. Wildly successful cinema brings
about a million and one half bodies to that location in downtown every year. The
three of them share the parking garage. So, the example I want to get back to
and then I will be finished is let those who do it, do it. We had a public goal and I
am going to avoid retail for a minute because retail is a very tough nut, but we
wanted a bookstore downtown. We wanted a bookstore because one of our
goals was we wanted weeknight and weekend activity downtown and we thought
a bookstore would be a great kind of catalyst that could draw people to a
downtown on a weeknight. There is not a whole lot of things that can do that.
( .
Meridian City Pre-CouncIl. Meeting
April 20, 2004
Page 7 of 20
So, the first floor of that building, we insisted that the first floor of that building be
designed so that Border's Bookstore could fit on one side of the lobby and the
whole layout of that building is based on that. That's kind of the public agency
dictating to the private developer this is the space you are going to get because
this is the tenant we want. Well, we got Borders to come to town, but they would
not go downtown, they went out on the freeway and the developer and I am now
the developer trying to lease this space is stuck with a very tough space to lease
for retail and office uses because of it's depth. So, that's kind of my illustration of
a goal interfering with the design of the first floor. With that I am going to stop.
Semingson: Just to put a happy ending to that by the way it has been a struggle.
We are now down to about 3,500 or 4,000 square feet of the 28,000 in that
building and there is an additional maybe 10,000 or 12,000 in the other building,
so it took a while, but it has been leased out. Just a couple more comments that
I'd like to make and especially address the benefits of the re-development
agency that this project provided the - as in most communities re-development
agency is funded through tax increment and therefore, the increasing tax
revenues. When we started negotiating our deal with the City of Modesto, rents
in the downtown core and I am defining the downtown core, as two blocks in any
direction from these two blocks that we re-developed the rest of the downtown
core were 25 to 40 cents per month. Today, rents are two dollars a month.
When we - when I started meeting with Mike and we didn't work through our
lunch at the City Hall conference room and we went out for lunch we had three
choices in the downtown. Now, Modesto then was a population of I guess
200,000, so it's maybe 240,000 today. We had three choices. Today in that
nine block area there are forty restaurants. We think that that certainly is a sign
of the urban renewal's success. So, it not only do the public agencies have this
facility that they really wanted, but it has been an urban renewal success in that
the valuation of the properties for the assessor have just gone through the roof.
Just very quickly we are in the preliminary master planning and design of a
project in San Lorenzo. San Lorenzo is county unincorporated community in
Alameda County. The public component for this project is the new Alameda
County Public Library, which would be part of the project and in here the private
development is generating about 3.5 million dollars for the County's match to the
State so that they can get this public library. As a private developer we're
developing about 150,000 square feet of retail? Yeah. It's Albertson's anchored
urban store that has parking on the roof. A lot of some of the things that we were
trying to do with Albertsons, in fact, on the corridor project in the downtown Boise
if you were familiar with that concept and then some substantial shop space and
restaurants and 350 residential units the preponderance of which are
condominiums. One of the reasons we are able to generate a fairly substantial
contribution to the library is, honestly, with the dropping interest rate the housing
prices have just gone crazy in San Francisco Bay Area. I am sure many of you
drive by this every now and then. This is the corridor project along Front Street
and I just wanted to make a couple of comments here and I have, I guess
unfortunately for me tonight Ryan is here to keep me honest and I may have to
r'
Meridian City Pre-CouncilMeeting
April 20, 2004
Page 8 of 20
change my speech just a little bit now that I see him in the audience, but the
Courthouse part of the - the Courthouse and the first parking component part of
the project faced about an 18 million dollar shortfall. This was the project where
we needed the super majority vote and we were successful in getting it. But that
- we met the private side created the mechanism to cover that shortfall and here
we did it in two ways. One substantially increasing the tax value and so one of
the partners of the project besides being Ada County was CCDe, Civic Center
Development Corporation - Capital City, I am sorry, Development Corporation
and the notion -and where we differed from the other developers was that we
didn't present to the Selection Committee renderings or models or anything else.
It was the process. It was the early part of the presentation that you saw from
me and when it came to describing physically what was going to be there, what
we described to the Selection Committee was really very much a vision as
opposed to anything hard line and we say we want you to conjure up here some
imagery of an urban village with some vertical development. There is going to be
retail. There is going to be office. There is going to be private office. There is
going to be housing. We intend to create housing at least 500 housing units and
when you peel that back somewhere in there you are going to have your
courthouse. We don't know if the courthouse is going to be a Ford Escort or if it's
going to be a Lexus, but we know it's going to meet your needs and we
understand what your needs are. But, first of all we have to solve the 18 million
dollar gap. It was through the vertical development and the tax increment and
then the ground lease that we as the developer committed to that bridged the 18
million dollar gap in this project. When we started our next component, there
was also a gap on one of the public components and that was a 350 car parking
structure that was very much required, but it was not within the tax increment
generating possibility to create that parking. At that point, we transitioned from a
market rate apartment project to a tax credit apartment project and tucked all of
the infrastructure that was necessary and all the parking into the tax credit mass
so that we got tax credits off from what would otherwise have been your typical
infrastructure for any project and we use those tax credits to bridge the shortfall
that we faced on that. That is really going back to that slide that I talked about
earlier that the tools and it's designing the project so that you could take
advantage of the tools that are there. I know Tom we are probably eating at your
time here. I am okay if you want to do what you need to do and then take the
questions and answer later if that works for everybody. I don't think we have the
same scheduling issues that you might. Would you like to do that? That's fine
with us. Okay, we will be back if you want to ask us some questions. How's
that?
Nary: Yeah, that seems like the best way to go. We will have Mr. Hudson come
and give his presentation. I didn't at the opening of the meeting mention that it's
nice to see the Meridian Development Corporation Board here and Mr.
Armbruster as well, their legal counsel. Mr. Slocum it looks like you want to say
something.
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Meridian City Pre-Council Meeting
April 20, 2004
Page 9 of 20
Slocum: Yes. If you are ready to go on to the next item with Tom --
Nary: -- we are.
Slocum: -- as he gets prepared I just want to, I guess for the record, good
evening Madame Mayor, Council members. About nine months ago we
embarked on probably the second biggest step in the future of downtown and the
first was the formation of our urban renewal agency and I think the second is
coming up with a vision and a strategy and over the past nine months we have
had a great consultant in The Hudson Company who has brought together, not
only our group, but a wonderful steering committee of a lot of great volunteers
and a group of - a series of public workshops that brought the public involved as
well. So, we are here and Tom is here this evening to present the final draft of
that, so we want to give him as much time as possible, if he is almost ready
(inaudible---). Ready, Tom? Tom Hudson with The Hudson Company. Thank
you.
Item 4.
Update on Market Strategy by The Hudson Company:
Hudson: Mr. President, Madame Mayor, members of the Council it is great to
see you tonight. We have I think some very interesting and fun material to share
with you. I appreciate your time and the opportunity to get together with you like
this to speak specifically about the Downtown Meridian Strategic Plan. When we
began this process, we emphasized the value of collaboration in the community,
building partnerships and I have to say working with the Meridian Development
Corporation and with City Council the Mayor has been an absolute pleasure and
when you combine that with the staff we felt inspired. This report tonight, I think,
is a result of that inspiration. We were looking for ways to take the plan and craft
it into something like a Swiss Army Knife tool for you. It can be a great deal more
than just a report and so we proposed to City staff that we build it as a website
and have the opportunity to take all the various materials that we have gathered
over this time that we have had together since early last fall. All the graphics, the
PowerPoint Presentations, the detailed analysis of markets and demographics
and so on, the hundreds of photographs that we have put together, the various
partnerships that we built all could form a much more dynamic report in this kind
of interactive environment than we could do in hard copy. Staff and Meridian
Development Corporation approved that and so I am here tonight to share with
you a bit about the big picture of this format and then the mechanics of it. As you
all know, we will be back in early May, I believe our target date was May 1 ih, but
we are looking for a time that works best for Council and for Meridian
Development Corporation Board, but certainly that week or the week following
and we will go in a public meeting format into a great deal more detail than we
are getting into tonight. So, I hope that meets your expectations for the evening.
We are primarily here to give you a guided tour of the materials that we have
here. Is that fair?
I
Meridian City Pre-Council Meeting
April 20, 2004
Page 10 of 20
(Affirmation)
Hudson: So, if you were to open up the CD, what you would see are these three
files and obviously you would click here. One of the things that we felt this
document needs to do is to have a voice and be welcoming. It's more than a
report, it can be highly - we are working on it-hello. Steve Siddoway would
choose this evening to have his parent's 40th wedding anniversary. Here we go.
Cannot find the file. I think half a dozen people were here earlier watching me go
all the way through this.
(Inaudible discussion)
De Weerd: Council, while he does that, Mr. President, I'm sorry.
Nary: Madame Mayor.
De Weerd: If we could talk about, perhaps when we could do it in May, I did talk
to Tom and thought maybe we could do a regular Council meeting on the 18th
and would ask if Will would look and see if we have anything on that agenda and
have our Council meeting off by, perhaps, Cole Valley Christian School. We can
look and see if that's a possibility and see how we can set up a recording and
then ask the MDC if that would be a convenient time for them to meet, too. I
think it would be a strong statement to the public that it be done at an official
Council meeting in conjunction with MDC. I know that Tom can't do it before the
1 ih and so the 18th was the next regular scheduled and we have been trying to
look at doing offsite Council meetings and so this might be an opportunity to kick
that off.
Hudson: I am sorry to interrupt. I think what happened was this was a very large
file that was up on the PowerPoint before and we overwhelmed it's RAM and I
may have to turn the computer off and back on again to clean it out because it's
not - everything is slow, even the mouse is slow. Would you mind doing that?
Yeah, see it wasn't my fault the program is now responding. While we set it up,
just let me briefly introduce the formatting. This document, so to speak, web-
oriented document opens up with a welcoming. It has a voice of the community.
In this case, it happens to be the Mayor's voice that gives people an introduction
to where we are and where we are going. I think it's a great opportunity to go
second this evening and to hear from Civic Partners and Steve and Mike about
their role in the private sector working in partnership with communities and
implementing. I can tell you that from my experience one of the most important
things you need to carry forward developments such as their sharing is a very
clear and well supported and even adopted vision. So early on in this report
there is that clear voice of the City and the Meridian Development Corporation
saying this is it. This is who we are. This is where we are going. We are
enthusiastically in support of this marketing strategy and the vision that it
represents and then the vision is presented in a number of different ways. There
Meridian City Pre-Council Meeting
April 20, 2004
Page 11 of 20
are highly interactive folders that we call tabs that enable the user to go from the
home page, the welcoming first to the vision, and a clear statement of that then
from the vision to a description of markets highly interactive. I think one of the
things I like best about this is that the data is represented in a number of different
ways. One of which is hot keys to the original source. So, if you wanted to go to
(inaudible) or to the U.S. Censes Bureau and find exactly where we got it, you
just click a button and you are there. If we make reference to a particular partner
like the Chamber of Commerce that name is highlighted and you go there. If you
want to contact them you click another button and their email message folder
comes up and you just start writing a message to them. So, the degree of
activity, I think, is at a level of extraordinary. And there it is. This is a great
moment for me, personally, and one I will remember for years to come. It was
this or suicide, I tell you. Meridian and I have had a wonderful relationship, but
our technologies really just have not talked well to each other. Sometimes, I
wonder if it's that I bring technology from north Idaho that just doesn't like your
south Idaho stuff or vice versa, but I am committed to building the bonds of our
two states to make things better. So, this is the layout, the home, the vision, and
the markets that I was talking about. This is really the substance. Remember
when we first began working together, people were saying we need the
substance. Let's not just talk about warm and fuzzy issues, let us have the data.
There is a great deal of that there. Then from the markets to the market strategy,
how we are going to get to where we want to go, implementation details and then
a tremendous amount of support materials that are ancillary or supportive to
everything else that's going on in here. This front page is the message from the
Mayor and a lot of graphic materials throughout; a little bit about how to explore
this site for anybody who is not entirely comfortable with working on the web.
One thing that you can do looking through this guidance is to go to a PowerPoint
Presentation that we prepared that was animated that allows the reader to look at
the vision of the future. It's a visual representation of what Meridian could be and
in the PowerPoint format or in - we also created so you could put it in PDF if you
don't have PowerPoint and you can just take a walk through the future. So, with
that click this is now setting up PowerPoint and going into a presentation. It's a
large file, but I will take just a moment to give you a sense of that or commit
suicide. Just about everything else is much faster. Well, this is the steps to the
future and again it takes a look at all of the values that you express, your vision
and so on and we basically went through our own photo files, went all over the
western U.S. looking at places that were representative of everything from your
transit village, transit corridor and ways to use that, historic center and so on and
we will go through this. This particular image if I were to click on it and fully go
through it, which show which sub district of the downtown we are in and then go
through a series of photographs that represent the range of activities that would
occur there. In this case, it's the downtown district social retail. We did that for
professional services and a number of other land uses district by district. So,
here we are back where you can either back click or go to the bottom of each
page and go back to where you were. The vision expressed this way, verbally,
with a few images. Here is the Idaho Smart Growth has a website. You can click
(
Meridian City Pre-Council. Meeting
April 20, 2004
Page 12 of 20
on their website and go visit them; see all the different things that they are doing.
Go to contacts and get more information about them. You can carry on just - at
the bottom of each page going to the next subject it would be just like turning a
page in a report. You can also state clear as to where you are, see the market's
introduction located here at market's analysis and conclusions, each of the
subsections listed on the left. So, you can never really get lost in the document.
All you have to do is keep tabbing forward and you're there. This happened to
be - this particular report - this is really just a button here, place order. You click
on this and it goes to another PowerPoint Presentation that gave a great deal of
economic information early on in the process, so I won't go there at this moment.
So, key issues that we addressed, how we addressed them - wherever we had
data, we didn't want to overwhelm people with it, we just wanted to make it
accessible. So, we created what we call a thumbnail and click on it and then you
have got graphic representation of the population within 2.5, 7.5 and 12.5-mile
radius. You can make it larger. You can print it out. There are all kinds of things
that you can do with it. One of the things we like about this is that anybody can
cut and paste. All of this information is readily available for any business
professional that might want to expand their business to apply for a loan,
contemplate the possibility of coming into the community and take this to their
bank or back to their home office. The demographic pages are very much the
same population trends. You can right click on this, copy and paste it over into
some other report if you wanted to do that. Again, highly interactive. Whenever
we wanted to or needed to provide where this information comes from. It's in
contact information and you can go right to the source. Now, under the market
strategy we wanted to identify what the big picture was and again because of the
limited time tonight, I can't go into all the details and substance of the strategies.
We have done this together and will do it with the public early in May, but the
strategies are supported by a range of graphic materials and then refer regularly
to - here are some of the key terms that you have heard from us before: heart of
the community; home to community oriented businesses; hub to the Treasure
Valley through the transit corridor and so on. Again, here is Smart Growth, you
could click on that and learn more. Just about anywhere you are, anytime you
hear a word or see a word that's unfamiliar you can click on it and learn more.
This is important. The City wanted us to - and Meridian Development
Corporation wanted us to make sure that we differentiated between tactical and
strategic programming and by that, for me, it's mainly about first year steps and
longer term. So, we have a series of goals that are then in a hierarchy for action.
That is every action is linked to a series of higher-level objectives and goals so
that you know that how or why each action is being undertaken. There are three
strategic elements: organize; communicate; and build. Within each of those
three strategy elements there are these series of first year and longer-term goals.
See how these get highlighted when you touch on them? You click on those,
your longer-term goals. And then remember we promised you who, what. when,
where, how? Well, here is at a fairly high level the what and of course here is the
organized goal number five target business recruitment, series of actions
whether or not they are one time or ongoing it's identified this particular group in
(
Meridian City Pre-Council Meeting
April 20, 2004
Page 13 of 20
organizations as highly oriented towards ongoing activities so it runs through the
full five years; who is taking the lead and who is on the team, so that everybody
knows what their roles are to be. Then those items that require more
information you just can click - the ones that are highlighted, the underlined ones
and get more detail. So, I will just pick one out here: Strategy Element Build.
This is now basically in a ready, aim, fire format. You are not going to go into
construction on the first day - there are lots of things to do before that as was
identified by Civic Partners so now we are out in the build area. Here is create a
strategic design pallet for streetscape elements. It is a one-time activity. That is
- I have been to a number of communities in this area that have as many as
seven different types of streetlamps and all kinds of different street trees. There
is no strategy; there is no system to it. So, under this particular one design here
is the particular (inaudible) for an action. Follow the headlines; again our goal
was to make it very clear for each action what is to be done. So, this is under
goals two, refined gateways and streetscapes. This is action 2 B, create
strategic design pallet for streetscape elements, who is the lead, who is on the
team, which year it's starting, start up (inaudible-----). The action type is one time
and we had eight different categories of resources that we identified that are in
this CD and over 140 different resources are listed in detail. So, what kind of
resource? Who can apply for the resource? How much money might be
involved, if it's not technical assistance. When do you apply for it? Who do you
contact and what's the contact information? All of that is included in this. This is
the kind of pallet that we are talking about here, where you have a family of
materials that go into improvements in the downtown and it's remarkable to meet
how often this gets lost. I was just over in Rexburg the other day looking at some
of the good work that they are doing there, but it's been so piece-meal. They had
four different types of streetscape materials; three different types of trashcans;
four different types of benches. Really a chaotic kind of a set of activities. If you
have got something like this then you are able to in a systematic step-by-step
way consistently implement the vision of the program. So, that is the object
there. Are you comfortable with the description I am giving about the action
plan? You start with goals; you move down to objectives, get down to the
individual actions. Each action is identified by what it is, when it should be done,
whether it's one time or ongoing, what resources are available to it, who should
do it, okay? Implementation is all about what I have just shared. It's where you
are going to find the different resources. If I was to click on any of these, you
would go to a resource page that begins with a table and it identifies, by
category, federal, state, local and private sector resources that could be available
to that category of activity. Under the support section, this is intended to help all
of those people who are really going to be doing the implementation. Now, these
(inaudible) I have shared with you before. For the public sector to be supportive
of any kind of granting they are going to have to know how you engage the
public. So, we have basically a chapter that's in the support section here that tell
us what we did to engage the community. All the interviewing that we did. All of
the public meetings, the workshops and so on, it's right here. You don't have to
rewrite it or come up with it. When it comes time to filling out a particular grant,
Meridian City Pre-Council Meeting
April 20, 2004
Page 14 of 20
you go here, you click, you cut, you paste and you are done. The PowerPoint
Presentations that we did are here. Every single item - every PowerPoint that
we did is listed in two different formats: PowerPoint, so anybody who has
PowerPoint could go here and it would be much friendlier, but if you don't have
PowerPoint you can go to the PDF from Adobe, which is a free program,
anybody can get it and then you can print it out very easily and you can also cut
and paste with tools that they have got in PDF. So, we have tried to make all of
our materials highly accessible. I think you recognize some of these; the
marketing strategy, look at the future. One of these was a look at other
communities that are similar to Meridian. Five other towns around the U.S. west.
Glendale, Arizona, Redmond, Washington and so on, Hillsboro, Oregon and it
did comparisons between who we are and who they are; how they got to where
they are and relative sizes and so on. Downtown districts are defined by as
maps. Lots of maps and aerial photographs are available to anyone who would
like to get to that. Market watch is a private sector resource. You may recognize
Thornton Oliver, color as large real estate advisory firm here in the area that has
willingly accepted our request to, in fact, enthusiastically accepted our request to
link to them and to their market report, so that anybody who is looking at trends.
See this market watch introduction? Click on that and you will go right to their
most recent market research on land use in the Treasure Valley. We have got a
number of others that are just like that. If you want to contact the fellow who is
involved in getting that for us at their firm, click here and write him a note. It's
just that simple. So, consistently we tried to emphasize simplicity, which meant it
was extremely difficult to do, but I think we have succeeded in making this a
highly accessible set of materials. These are the different kinds of resource
materials, federal, state, local and private. Click on those, you get a report; you
can print it out or tap into individual ones. Another thing that we thought was
important was that people should have ready access to all the partners in that
public/private partnership that Steve and Mike were talking about. So, we have
here the Meridian Chamber of Commerce, Sage, COMPASS, City of Meridian,
Valley Ride, ISBDC, our firm, Idaho Department of Commerce and Hank Hubert,
telephone numbers and those kinds of things, so if you want to contact any of
these parties they are right there. The object being that you have a great deal of
access to the kind of people that you are going to need to do implementation,
whether you are in the public or on the private side. With that, I'll stop and be
happy to take your questions or get into more, let's say focused connections in
the materials.
Nary: Council, questions for Mr. Hudson or I guess questions for Civic Partners?
Bird: I have none there.
De Weerd: Mr. Nary.
Nary: Madame Mayor.
Meridian City Pre-Council Meeting
April 20, 2004
Page 15 of 20
De Weerd: This is awesome. What a tremendous tool. Would you design our
website?
(Laughter)
De Weerd: This is very comprehensive. I think it's going to be a great tool for
us. I am very impressed. Thank you.
Hudson: I am certainly grateful to hear that. That's one more thing that would
keep me from suicide this evening. We spent an awful lot of time trying to make
this friendly and there were a lot of long nights and even some weekends to
make this thing come together. We believe, truly, in the vision that you as a
council have for the future of this town and we believe the evidence is there that
you are not just able, but are moving toward an extraordinary place in the
Treasure Valley and I think even becoming a prototype for what great
communities ought to be all over the pacific northwest. We wanted to do this
right. So, we work with city staff to investigate ways to push this forward and we
tried to make this a highly operational document and not just one for the planning
side, but for anybody who might be looking at partnering with you in the private
sector and moving their ventures forward. We are hopeful that this will work for
you.
De Weerd: Well, you have given a tremendous tool for MDC and whoever the
director might be to really pick up and be able to run with this and setting the
stage for marketing and creating vision - the vision has been created, supporting
that vision and supporting all of the other elements necessary to really start a
strong renaissance. So, thank you.
Hudson: Thank you.
Rountree: Mr. Nary.
Nary: Mr. Rountree.
Rountree: I have a question for Steve or Mike or both. In your presentation you
talked about the commitment of the community and I think it was Mike that said
sometimes it doesn't take much of a commitment in terms of investment. Could
you quantify that? Is there some magic ratio? Is it the market you are in, in
terms of what you are willing to participate verses what the public's wanting to or
entities wanting to participate?
Semingson: Can you hear me? Should I come up ---?
Nary: Yeah, you need to talk on the microphone.
De Weerd: Mr. President.
l
Meridian City Pre-Council Meeting
April 20, 2004
Page 16 of 20
Nary: Madame Mayor.
De Weerd: I guess before we ask for an answer for that, I know Tom is going to
have to leave and if Council has any further questions for him, but I guess I do to
tie it to Civic Partners in their presentation time it talks about certain steps within
the process and certainly a strong vision as part of that. I also saw in another
one of their charts they have market studies, circulation and parking plan and
those kinds of elements. It appears from what I have seen up to this point and I
haven't gone through this disk yet, but all of the elements to support this kind of
partnership or certainly to support the City Hall and the anchor it is going to be to
a lot of the activity that we want in this area. Your study does support the
necessary elements for the Civic Partners' presentation. You know, does it
answer a lot of those? That was a really awkward question, wasn't it?
Hudson: I followed you. Thank you. I believe that this is an important step
toward what Civic Partners is discussing in terms of need. It's not the only
element, but it is an essential element. I would add to the need that this needs to
be adopted and then fully implemented and by fully I don't mean every single
piece I mean with vigor and with system. That is wherever you are working
within city government and moving activities forward it needs to be
complimentary and supportive of the vision. I think only if we are systematic in
each of the facets of the public sector are we going to be able to really succeed.
You don't want to be working at cross-purposes, for example. That is if you
believe this then we need to move forward with the better circulation system. We
can't just do a few of the big pieces. I think the vision either stands or needs to
be refined. So, among other things the circulation plan has to move forward. I
also would urge you to move forward with the master plan for downtown, which is
an important next step and it has been noted the last couple of days the design
guidelines that the City was working on just prior to our getting started, but were
put on hold until we were done. Those need to get further - get back under way.
So, this is an important piece. There are several others that I think will fill this out
and then enable the community to move forward truly in a systematic manner.
De Weerd: Just a follow up. We really are coming out with an RFP for the
circulation study. So, we are moving it. Next step.
Nary: Is there any other questions for Mr. Hudson and then we can get back to
the other question Councilman Rountree already asked?
De Weerd: No, thank you.
Nary: Okay.
De Weerd: I know you need to go.
Meridian City Pre-Council Meeting
April 20, 2004
Page 17 of 20
Rountree: Thanks, Tom.
Hudson: Thank you very much. It's really a pleasure working with you and with
City staff.
Nary: It's back to you.
Semingson: Okay. The question really is best answered through, I think, looking
at it from the developer's point of view as an investment opportunity and we
come at it from a yield standpoint and of course when we are in different
business economic cycles, yield expectations can be very different. But, today
the capital is available for this kind of a project and very readily available, but it
has to meet the yield requirements of the capital markets both from a return point
of view as well as the risk profile that the capital markets would be expecting,
relative to that kind of a yield. It depends on the - how much capital is invested
is really a function of what tools are available. For instance, if tax credits are
used the tax credit partners, those capital sources that have an appetite for tax
credits today. Their appetite is not being met. So, to the extent that you skew
the projects for things that qualify for tax credits either new market's tax credits,
urban renewal tax credits or for housing tax credits, there is a machine out there
that is not being adequately fed today for places to put the dollars. So, it's really
a function of how you engineer the economics of the project to take advantage of
that, but the scarce resource today is not the investment capital. But, it does
have to meet an industry standard or industry expected yield. Whether that's our
own capital because we look at from an opportunity cost standpoint. Where we
deploy our capital is where we are going to have the most opportunity also and it
runs very consistent with what the capital markets are doing. Did I answer your
question?
Rountree: Well, not quite, but I will follow up if I might.
Nary: Certainly, go ahead.
Rountree: You mentioned engineering the economics. Is that a facet of this that
your entity would participate in a public/private partnership or is that something
the City would seek another resource in order to pursue?
Semingson: We would provide that. You may want to have an economic
consultant of your own. But, we would see ourselves leading that process.
De Weerd: Mr. President.
Nary: Madame Mayor.
De Weerd: I guess I am interested to find out how the public goals are
determined and if some of that can be tied into the exercise we just went through
(
Meridian City Pre-Council Meeting
April 20, 2004
Page 18 of 20
and then where is the public brought into this process and what kind of
timeframes do you have?
Semingson: We - usually the public goals are pretty well established and
thought through, although we have our own thoughts on perhaps how the vision
can be expanded, maybe providing a menu of other things that could be done in
the community that might benefit us as the at-risk developer as well as benefiting
the public agency. So, I think that the goals are created as part of the process of
the rest of the community from our experience in other communities. We, I think
I showed a slide at what was a public forum that we were involved in where we
weren't certain that the public was getting all their questions answered, so we
created this environment almost like a trade fair where we had the investment
bankers, we had the design team, we had the engineers, we had the property
managers, we had our general contractor; our company was there and had some
booths and it was an event where the public could come and learn everything
they wanted to know about the project and talk to, well in fact, the planning
department happened to be at this public forum and we would encourage doing
that very early on. You want to try and create some boundaries, initially, but
once that is created then we find that we are usually better off in the long run
getting the public invited in as early as we could. Mike talked about that
timeframe from 1991 to 1999 and we experienced a very long process on the
Ada County corridor project also. Both cases, the major setbacks unanticipated
setbacks were lawsuits. With the Ada County it was a taxpayer lawsuit that
where their agenda was really to try to curtail any kind of public funding. Any
bond financing that had tax advantage to it and that set us back, I think, the
whole lawsuit process took maybe a year and then restarting the process again it
probably set the thing back two years. In Modesto there was a couple of
lawsuits. There was a rejected suitor that competed with us on the project and
then there was a - that project required - there was one hold out and so it
required some condemnation and the condemnation set the project back a year
or so also. Those are things that you can't predict. If - in both cases had we not
had the lawsuit we could have cut the timeframe down by several years
Wardle: -- Mr. President.
Semingson: -- you are farther ahead by the way than we would normally have.
We don't have the benefit of coming in midstream where you have had
somebody like the Hudson group. That's really going to put you ahead of the
curve from a timing standpoint.
De Weerd: I appreciate that.
Nary: Mr. Wardle.
Wardle: As far as the development process is it my understanding that you are
kind of the overlay development within the process whereas, or do you
(
Meridian City Pre-Council Meeting
Apr1l20, 2004
Page 19 of 20
coordinate those new tax credits the (inaudible -- ) programs, the grant programs.
Do you coordinate that all together, essentially in sponsorship with the public
entity?
Semingson: Yes. Those pieces are so inter-related that they have to fit together.
Wardle: Okay. A follow up, Mr. President.
Nary: Certainly, go ahead.
Wardle: Since you have done a couple of these projects and you have
mentioned that your only delays are - have been some lawsuits. Have you
factored that into your contingency program as well? Is that - are you changing
your model to incorporate some potential for that?
Semingson: We are and, you know, public private partnering and place making
and urban renewals really had its infancies. So, we are continuing to refine our
program and boy if I said that the only surprises that we got were the lawsuits,
we have had others too and some in which we have created and others that the
public sector have created for us and I think besides the legal aspects of our
business and the unpredictable nature of that there is also the fickle nature of
retail. We have had our share of issues that we have had to resolve if you're
designing a space for a particular kind of user. You had better have the
bookstore there because if there is another bookstore your (inaudible) is not
going to like the first plan.
Nary: Any other questions, Council? Lots of tremendous information. I really
appreciate all of the time and the effort. It really was quite compelling.
Semingson: Well, thank you, it was fun for us.
Rountree: Thank you.
Semingson: Thank you very much.
De Weerd: Mr. President.
Nary: Madame Mayor.
De Weerd: I guess I would like to talk about the next steps on the Hudson study.
I do believe he suggested that we do adopt this document and would that be by
resolution, you know? What kind of - I think that everyone needs a chance to
look at it, but what are our next steps as far as our process goes?
Nary: Mr. Nichols.
(..
Meridian City Pre-Council Meeting
April 20, 2004
Page 20 of 20
Nichols: Mr. President. Madame Mayor, members of the Council. Typically,
when you had a strategic plan you have done it by resolution. You have adopted
it by resolution, so that there is a document to attach to the plan that shows
formal adoption by the Council.
Nary: So, Madame Mayor, I think, I guess to give everyone an opportunity and I
assume MDC Board also has to review this and by (inaudible) if it's acceptable-
(Inaudible discussion)
Nary: -- board they would also adopted by resolution and then turn it back this
way, so I would think hopefully in a month, we may be looking at that or
something like that.
Rountree: Mr. President.
Nary: Mr. Rountree.
Rountree: Craig is out but I believe that's what we resolved at the last meeting
that we would take this up next meeting and get it to Council.
Nary: Great. Perfect. That sounds great. Council, any other business since we
are at the end of our agenda?
Bird: I would move that we would adjourn from our pre-council meeting.
Wardle: Second.
Nary: It's been moved and seconded to adjourn from the pre-council meeting.
All those in favor say aye.
ALL AYES. MOTION CARRIED.
MEETING ADJOURNED AT 6:52 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
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TAMM WEERD, MAYOR
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WILLIAM G. BERG,
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April 15, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
April 20, 2004
ITEM NO.
.3
REQUEST Presentation of Procedure / Process of Construction of Government Building by
Civic Partners
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AITORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGA nON:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
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April 15, 2004
MERIDIAN CITY COUNCil MEETING
APPLICANT
April 20, 2004
t
ITEM NO.
REQUEST
Update on Market Strategy by The Hudson Company
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT;
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
** TX CONFIRMRTION REPORT **
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
DRTE TIME TO/FROM
04/14 11:11 PUBLIC WORKS
04/14 11:12 12084664405
04/14 11:13 8841159
04/14 11:14 2088840744
04/14 11:15 POLICE DEPT
04/14 11:16 8985501
04/14 11:17 LIBRRRY
04/14 11:18 92083776449
04/14 11:18 208 388 6924
04/14 11:20 2088886854
04/14 11:20 208 895 0390
04/14 11:22 208 387 6393
04/14 11:23 RDR CTY DEVELMT
04/14 11:24 8885052
04/14 11:25 CHERRY LRNE
04/14 11:26 POST OFFICE
04/14 11:28 ID PRESS TRIBUNE
04/14 11:29 2088886701
04/14 11:33 3810160
04/14 11:34 128300040
04/14 11:35 IDAHO ATHLETIC C
AS OF APR 14 '04 11:36 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
EC--S
G3--S
EC--S
EC--S
EC--S
EC--S
G3--S
EC--S
CITY OF MERIDIAN
MIN/SEC PGS
00'24" 001
00'26" 001
00'25" 001
00'25" 001
00'25" 001
00' 24" 001
00'29" 001
00'25" 001
00'29" 001
00'25" 001
00'25" 001
00'24" 001
00'26" 001
00'24" 001
00'41" 001
00'34" 001
00'25" 001
00'25" 001
00'34" 001
00'29" 001
00'24" 001
CMDl:*
204
204
204
204
204
204
204
204
204
204
204
204
204
204
204
204
204
204
204
204
204
STATUS
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
--------------------------------------------~-----------------------------------------------
MAYOR
l'ammy de WeeI'd
CITY COUNCIL MEMBERS
Shalll\ Wardle
William L. M. N<lry
Ch<.lrlcs M. Rounln::e
Keith Bird
J~(
, HDJ
I.EGAI. DBPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS &. RECREATION
(20S) 888.3519' F~x 898.5501
PUI31.1C WORKS
(20B) 898-5500' F~x 887-1297
fHHLDING Dm'ARTM~T
(208) 887.2211' P;tXS87-12.97
PLANNINO &. lONfNO
(208) g1l4.55J3 . Fo.)'. 888.6854
CITY OF MERIDIAN
SOlLO WASTE AD-HOC ADVISORY COMMITTEE
NOTICE IS HEREBY GIVEN that the City of Meridian Solid Waste Ad-Hoc
Advisory Committee will hold a meeting at Sanitary Services Company Office,
2130 W. Franklin Road, Meridian, Idaho (888-3999) on Thursday, April 15,
2004 at 7:00 A.M. The agenda will be as follows:
1. Roll-call Attendance.
2. Discussion of Recycling Fund.
** TX CONFIRMATION REPORT **
AS OF APR 09 '04 10:26 PAGE. 01
06
08
DATE TIME TO/FROM
04/09 10:22 IDAHO ATHLETIC C
04/09 10:26 3810160
MODE
EC--S
EC--S
CITY OF MERIDIAN
BUILDING PERMIT REPORT
FY2004
Ending: SEP 2004
NEW CONSTflUCTION lYPE
Rurd~ntlal
Fiscal Year Permits
Mul!i-Family CommercIal
PermIts Pormits
2UD4
OCt 1S3
No\! 136
Dee 123
Jan 118
Fob 119
Mar 222
Apr
May
Jun
Jul
Aug
Sop
6 9
11 1
7 ;;
7 2
5 1
5 14
r;~ 10 D~ta TQLal3 e~)1
41 J2
CITY OF MERIDIAN
BUILOING PERMIT REPORT
FY2003
Ending: SEP 2003
NEW CONSTRUCllON TYPE
Residential Multl-Farnily Commorclal
Fisc1!1 Year PermIts Permits PermIts
2003
Oct 64 2 6
Nay 55 0 4
Dee: 79 0 3
J"n 124 0 10
Feb 83 0 ;;
Mar 109 0 1
Apr 101 1 6
May 109 3 5
Jun 107 0 6
Jul 114 G 5
Aug 118 1<1 4
Sep 150 4
-tiSI' 10 D~I~ TQ'l.:JI.::; 121J JO S9
CITY OF MERIDIAN
MIN/SEC PGS
00'20" 001
00'22" 001
CMDlt
150
150
STATUS
OK
OK
** TX CONFIRMATION REPORT **
07
DATE TIME TO/FROM
134/139 113:23 2138 388 6924
MODE
EC--S
-----------------------------------------------------------------~---------~----------------
CITY OF MERIDIAN
BUILDING PERMIT REPORT
FY2004
Eadlng: 5EP 2004
NEW CONSTRUCTION "TYPE
Residential
Fiscal Y8ar Permits
MulU-F:unlly Commercial
PermIts Permits
6!1.Q!
Oet 163
No'l 136
Dee 123
Jan 118
Fob 119
Mar 222
Apr
May
Jun
Jul
Aug
Sap
6 9
11 1
7 5
7 2
5 1
5 14
'sor 10 'D-Pilrl TCI~.:Jl::; ea1
41 32
CITY OF MERIDIAN
BUILDING PERMIT REPORT
FY2003
Ending; SE? 2003
NEW CONSTRUCTION TYPE
Residential Multl.Famlly CQmm....clal
Fls~1 Yem' ~ Permitl:: Porm~
2003
Oct 64 2 6
Nav SS 0 4
Dee 79 0 3
J~n 124 0 10
Feb 83 0 5
Mar 109 0 1
Apr 101 1 ;;
May 109 3 5
Jun 107 0 6
Jul 114 (; 5
Aug 118 14 4
Sep 150 { 4
'6<1,10 D<>IO Tolol., 1213 30 59
AS OF
APR 89 '84 113:23
PAGE. 01
CITY OF MERIDIAN
MIWSEC PGS
1313' 17" eel
CMDl=I
151
STATUS
OK
/'
(
** TX CONFIRMATION REPORT **
AS OF APR 16 '84 17:86 PAGE.81
CITY OF MERlDli=lN
29
30
31
32
DATE TIME TO/FROM
84/16 16:59 3818168
04/16 17:01 PUBLIC WORKS
1214/16 17:83 212184664485
84/16 17:85 8841159
MIN/SEC PG5
1212'87" 884
81'14" 884
81'13" 81214
81'14" 12184
CMDI1
229
229
229
229
STATUS
OK
OK
OK
OK
MODE
EC--S
EC--S
EC--S
EC--S
--------------------------------------------------------------------------------------------
~~~ qrfJt ~ ~V\:>t<C- \'JotiLL-1V1t1tV1b;. ~
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, April 20, 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Charlie Rountree _ Sill Nary
Shaun Wardle _ Keith Bird
_ Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Pastor Stan Kelly, Capital Christian Center:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve Minutes of March 16,2004 City Council Regular Meeting:
B. Approve Minutes of March 16, 2004 Pre-Council Meeting:
C. Approve Minutes of March 23, 2004 City Council Regular Meeting:
D. Approve Minutes of March 23, 2004 Pre-Council Meeting:
E. Approve Minutes of April 6, 2004 City Council Regular Meeting;
F. Approve Minutes of April 6, 2004 Pre-Council Meeting:
G. Tabled from April 13, 2004: Findings of Fact and Conclusions of
Law for Approval: AZ. 03-025 Request for annexation and zoning of
57.84 acres from RUT to C-G zones for Blue Marlin by W. H. Moore
Company - northwest corner of East Ustick Road and North Eagle
Road:
H. Findings of Fact and Conclusions of Law for Approval: VAC 04-
002 Request for a Vacation of easements for Lots 2 & 3, Block 1; Lots
3 & 4, Block 1; Lots 1 & 2, Block 2; and Lots 4 & 5 Block 2 for
Scottsdale Subdivision by Landmark Engineering & Planning, Inc.-
south of West Franklin Road and east of South Under Road:
Moridi.n City Coun.il ^Sond. - ^priI20, 1004 Psge I of 4
Allmoleri"ls pretenled 01 public ~elings shall b"come properlY of Ine CII)' of Meridian.
^"yone desiring ..comlmdJtion for disabilities relaled '0 documents and/or nc.rings
"lellse coolllot lhd City CI<rK'. Ofliec at &88-4433 at lellSt 48 hours prior 10 Ibe publio meeting.
{ r:
(
** TX COt-."."MATJON REPORT ** AS OF APR 16 '04 17;~;> PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PC;S CMDll STATUS
01 04/16 17: 136 2088840744 EC--S 01'13" 004 229 OK
02 04/16 17:08 POLICE DEPT EC--S 01'13" 004 229 OK
03 04/16 17'10 8985501 EC--S 01'12" 004 229 OK
04 04/16 17:11 LIBRARY EC--5 01'36" 004 229 OK
as 04/16 17:14 IDAHO STATESMAN EC--S 01' 13" 004 229 OK
06 04/16 17:15 2083886924 EC-S 01'35" 004 229 OK
07 04/16 17:18 2088886854 EC--S 01' 13" 004 229 OK
1218 1214/16 17'2121 ALL AMERICAN INS EC--S 01' 14" 004 229 OK
09 04/16 17'21 208 895 0390 EC--S 01' 13" 004 229 OK
10 04/16 17:23 128300040 G3--S 01'37" 004 229 OK
11 04/16 17:25 208 387 6393 EC--S 01'14" 004 229 OK
12 04/16 17:27 ADA CTY DEUELMT EC--S 01' 14" 004 229 OK
13 04/16 17:29 8885052 EC--S 1211'13" 004 229 OK
14 04/16 17'31 CHERRY LANE 1>3-S 02'34" 004 229 OK
15 04/16 17:34 POST OFFICE EC--S 02'07" 004 229 OK
16 04/16 17:37 IDAHO ATHLETIC C EC--S 01'13" 004 229 OK
17 04/16 17'38 887 0816 @-S 02'34" 004 229 OK
18 04/16 17:42 ID PRESS TRIBUNE EC--S 01' 14" 004 229 OK
19 04/16 17:43 2088886701 EC-S 01'13" 004 229 OK
~lto.~ qrPt -\or ~0bhG \\JotiLL~l\t1~V1ts ~
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, April 20, 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
_ Charlie Rountree _ Bill Nary
Shaun Wardle Keith Bird
- _ Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Pastor Stan KeHy, Capital Christian Center;
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve Minutes of March 16, 2004 City Council Regular Meeting:
B. Approve Minutes of March 16,2004 Pre-Council Meeting:
C. Appro\le Minutes of March 23, 2DD4 City Council Regular Meeting:
o. Approve Minutes of March 23, 2004 Pre-Council Meeting:
E. Approve Minutes of April 6,2004 City Council Regular Meeling:
F. Approve Minutes of April 6, 2004 Pre-Council Meeting:
G. Tabled from April 13, 2004: Findings of Fact and Conclusions of
l.aw for Approval; AI 03-025 Request for annexation and zoning of
57.84 acres from RUT to C-G zones for Blue Marlfn by W. H. Moore
Company - northwest comer of East Ustick Road and North Eagle
Road:
H. Findings of Fact and Conclusions of Law for Approval; VAC 04-
002 Request for a Vacation of easements for Lots 2 & 3, Block 1; Lots
3 & 4, Block 1; Lots 1 & 2, Block 2; and Lots 4 & 5 Block 2 for
Scottsdale Subdivision by Landmark Engineering & Planning, Inc.-
south ofWesl Franklin R08d and east of South Linder Road:
MeridiILl1CilYCounc::i] ASr;rldl- Apri~20J2004 Pac-c 1 of-4-
All "",(.ri.l, prt<<n",d .t public "","lnts sholl "","m. properlY o(lIl. ell)' of Meridian.
^nyonc: 4lt~iring:acco.mmod3.ticn for dls::abil(t~es rebted to documents :ilndlorhciLnngs
plQJ:C -c:anl:l.e-t Lhc: City Clerl<'" Offiu 3.t SSS--44,]3l1llce.st 48: haurs ~riD:r 10 Ihe public meeLiI\&
** TX CONFIRMATION REPORT **
AS OF APR 16 '04 16:57 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:I STATUS
06 04/16 16:34 3810160 EC--S 00' 33" 001 228 OK
07 04/16 16:35 PUBLIC WORKS EC--S 00' 23" 001 228 OK
08 04/16 16:36 12084664405 EC--S 00'25" 001 228 OK
09 04/16 16:37 8841159 EC--S 00'24" 001 228 OK
10 04/16 16:38 2088840744 EC--S 00' 23" 001 228 OK
11 04/16 16:39 POLICE DEPT EC--S 00'23" 001 228 OK
12 04/16 16:40 8985501 EC--S 00'23" 001 228 OK
13 04/16 16:41 LIBRARY EC--S 00' 29" 001 228 OK
14 04/16 16:42 IDAHO STATESMAN EC--S 00'24" 001 228 OK
15 04/16 16:43 208 388 6924 EC--5 00'28" 001 228 OK
16 04/16 16:44 2088886854 EC--S 00'24" 001 228 OK
17 04/16 16:45 RLL AMERICRN INS EC--S 00'24" 001 228 OK
18 04/16 16:46 208 895 0390 EC--S 00'24" 001 228 OK
19 04/16 16:47 128300040 G3--5 00' 28" 001 228 OK
20 04/16 16:48 208 387 6393 EC--S 00'28" 001 228 OK
21 04/16 16:49 RDR CTY DEUELMT EC--S 00'24" 001 228 OK
22 04/16 16:50 8885052 EC--5 00'23" 001 228 OK
23 04/16 16:51 CHERRY LRNE G3--5 00'40" 001 228 OK
24 04/16 16:52 POST OFFICE EC--S 00'38" 001 228 OK
25 04/16 16:54 IDAHO ATHLETIC C EC--S 00'24" 001 228 OK
26 04/16 16:55 887 0816 G3--5 00'41" 001 228 OK
27 04/16 16:56 ID PRESS TRIBUNE EC--S 80'23" 001 228 OK
28 04/16 16:57 2088886701 EC--S 00'23" 001 228 OK
~llCl~L. \{ost--tn< rUt?lIG IVOtlf...t.-- I VI()ILt.~~
!
M^ YOR
Tammy de Weerd
clfe;:;di:rit
IDAHO
~w~
LEGA t DEPARTMENT
(208) 466-1)272 . PAX 466-4405
PARKS & RECREATION
(208) 888.3579 . Far:. S9S.550 I
PUBLIC WORKS
(20ll) 898-5500 . Fa,.; 887-1297
BUILDING DBPARTMENT
(208) 887-2211 . Fa:!: 887-l297
PLANNING & ZONING
(208) 884.5533 . Fa;.; 888-6854
CITY COUNCIL MEMBERS
SIUlUI1 W<lrdlc
William L M, N:uy
Charle~ M. ROUl1lrtc:
Kcith 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, April 20, 2004 at 5:30 P.M. The Meridian City Council will be
(
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the
hour of 7:00 p.m. on Tuesday, April 20, 2004, for the purpose of reviewing and
approving new proposed fees for 6, 8, and 10 cubic yard boxes for roll off services by
Sanitary Services Company.
Documentation and fee schedule regarding the proposed new fees are on file in
the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and said file is
available for review during regular business hours.
Any and all interested persons shall be heard at said public hearing and the
public is welcome and invited to submit testimony.
DATED this 2nd day of April, 2004.
1~~
PUBLISH 5th and 19th of April, 2004.
~ll<;'~L QOSt- -Wi fubU~ AJol1~~ 1V1ol1f~~
;.-' .I- t
':z:' ..
MAYOR
Tammy de Weerd
~~ / CITY OF
~Lt3rldl{;[fi
IDAHO
LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS & RECREATION
(208) 888-3579 . Fax 898-5501
PUBLIC WORKS
(208) 898-5500 . Fax 887- J 297
BUILDING DEPARTMENT
(208) 887-2211' Fax 887-1297
PLANNING & ZONING
(208) 884-5533 . Fax 888-6854
CITY COUNCIL MEMBERS
Shaun Wardle
William L. M. Nary
Charles M. Rountree
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, April 20, 2004 at 5:30 P.M. The Meridian City Council will be
discussing agenda items which are on the regular scheduled City Council meeting as
well as the following issues:
Presentation of Procedure / Process of Construction of Government Building by
Civic Partners
Update on Market Strategy by The Hudson Company
DATED this 16th of April, 2004.
-
-
The public is welcome to attend the meeting.
33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642' (208) 888-4433
City Clerk Office Fax (2()fn RRR-A'? 1 ~ . Pnm~n D~MnM~_ n_.. ,..,,,,,, M' MM
Revised April 20, 2004
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, April 20, 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
X Charlie Rountree K Bill Nary
~ Shaun 1(rdle (C Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance: /507 Ji:~ 7>-CJtlp Jo 6
3. Community Invocation by Pastor Burton Roberts, Meridian Gospel
Tabernacle:
4. Adoption of the Agenda: ~ V'<..-
5. Consent Agenda:
A. Approve Minutes of March 16,2004 City Council Regular Meeting: tZtpn:'fr<-
B. Approve Minutes of March 16, 2004 Pre-Council Meeting: ~~
C. Approve Minutes of March 23, 2004 City Council Regular Meeting: /.j'~V'4-
D. Approve Minutes of March 23,2004 Pre-Council Meeting: al'p-h~
E. Approve Minutes of April 6, 2004 City Council Regular Meeting: c1;rp-ru'...,..tt.....--
F. Approve Minutes of April 6,2004 Pre-Council Meeting: Q~
G. Tabled from April 13, 2004: Findings of Fact and Conclusions of
Law for Approval: AZ 03-025 Request for annexation and zoning of
57.84 acres from RUT to C-G zones for Blue Marlin by W. H. Moore
Company - northwest corner of East Ustick Road and North Eagle
Road: ~\.o.....c-
H. Findings of Fact and Conclusions of Law for Approval: VAC 04w
002 Request for a Vacation of easements for Lots 2 & 3, Block 1; Lots
3 & 4, Block 1; Lots 1 & 2, Block 2; and Lots 4 & 5 Block 2 for
Scottsdale Subdivision by Landmark Engineering & Planning, Inc. -
south of West Franklin Road and east of South Linder Road: aj?F"'V-<--
Meridian City Council Agenda - Aplil20, 2004 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 hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised April 20, 2004
I. Findings of Fact and Conclusions of Law for Approval: CUP 04-
002 Request for a Conditional Use Permit for a temporary bank facility
with a drive-thru window and a drive-thru window for the permanent
structure in a C-C zone for Farmers and Merchants State Bank by
CSHQA - southwest corner of East Overland Road and South Eagle
Road: wpp-rov..e-
J. Order Granting Remand to Planning and Zoning Commission: AZ
03-037 Request for Annexation and Zoning of 46.40 acres from RUT
to R-8 zone for proposed Chesterfield Subdivision by Centennial
Development, LLC - east of North Black Cat Road and north of West
Franklin Road: ~ v-(.-
K. Order Granting Remand to Planning and Zoning Commission: PP
03-046 Request for Preliminary Plat approval of 215 residential
building lots and 34 common lots on 46.40 acres in a proposed R-8
zone for proposed Chesterfield Subdivision by Centennial
Development, LLC - east of North Black Cat Road and north of West
Franklin Road: ~ py-,:ovo-e...
L. Order Granting Remand to Planning and Zoning Commission:
CUP 03-070 Request for a Conditional Use Permit for a Planned
Development with request for reduction to the minimum requirements
for lot size, street frontage and front yard setbacks for patio homes for
proposed Chesterfield Subdivision by Centennial Development, LLC
- east of North Black Cat Road and north of West Franklin Road: e::.r pYQ,^-,<-
M. Resolution No. t91-- 1" $0 TerminatinQ aQent of
record designation for the City of Meridian: a-rpY'l?V\.,L--
N. Release of Agreement for Sewer I Water Assessment for Seventh
Dav Adventist Church: ~
O. Pressure ReducinQ Vaults (PRV's) and Victory Road Water Line: q~
P. Centrate Eauiliation Tank Desian Proiect: ~y..rt-
Q. Approve Beer, Wine. and Liauor License Renewals: &,~Vv<-
Wal-Mart - Beer & Wine
Ultra Touch Car Wash - Beer
Bangkok House - Beer & Wine
Muggsy's - Beer & Liquor
The Cigarette Store - Beer
Wingers - Beer & Wine
Jacksons Food Store #99 - Beer & Wine
Jacksons Food Store #24 - Beer & Wine
Jacksons Food Store #11 - Beer & Wine
Jacksons Food Store #1 - Beer & Wine
Meridian City Council Agenda - April 20,2004 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiling accommodation for disabilities related to documents and/or hemings
please contact the City Clerk's Office at 888-4433 at least 48 hours pIlar to the public meeting.
Revised April 20, 2004
Jacksons Food Store #97 - Beer & Wine
Jacksons Food Store #98 - Beer & Wine
Epi's - Beer & Wine
Round Table Pizza #870 - Beer & Wine
West of Philly - Beer & Wine
Pizza Hut - Beer & Wine
Pizza Hut - Beer & Wine
Chicago Connection - Beer & Wine
R. Aureement for Hookup to the City of Meridian's sewer system,
outside the City Limits for Goldcreek Developers, LLC (James
Jewett) for Westborough Subdivision: ~V'L-
6. Department Reports:
A. Parks and Recreation Department - Doug Strong
1. Discussion of Kiwanis Park Aareement: ~(fV
B. Planning and Zoning Department - Anna Powell
1. Diane Kushlan Consultina Services: ~~
C. Police Department - Bill Musser
1. National Fast Draw Championship Presentation:
2. Discussion of Traffic Safetv Commission Amended
Ordinance: d"n- Ae-,ci- ~(bwd.A-
D. Public Works Department - Gary Smith
2-. C.ltp.-r-~ P;-~ - r~der:v/lc;/t-d. ~h7,;e~1- ~'.7#;O&O u?prz.j,~
1. Presentation on Meridian's Water ResouJces by Ed
,Squir~s: P/1- ~'--4--tJ4-(h7L -c~....c.c..e..-
E. C/ry Cvv--nc-v0IV~dev (- Vt-?#I/Ck p-e"L C/...erv.r; ~ 6dl- ~
(Items Moved from Consent Agenda)
7.
8.
FP 04-022 Request for Final Plat approval of 31 single family residential
building lots and 2 common lots on 8.99 acres in a R-8 zone for Sundance
Place Subdivision No.2 by Sundance Limited Company, LLC - east of
North Meridian Road and north of East Ustick Road: apJ?H>~
FP 04-023 Request for Final Plat approval of 61 single family residential
building lots and 2 common lots on 17.27 acres in a R-8 zone for Sundance
Place Subdivision No.3 by Sundance Limited Company, LLC - east of
North Meridian Road and north of East Ustick Road: ~~
9.
Meridian City Council Agenda - April 20,2004 Page 3 of 4
All materials presented at public meetings shall become propelty of the City of Meridian.
Anyone desiring accollunodation for disabilities related to documents and/or hearings
please contact the City Clerk's Ottice at 888.4433 at least 48 hours prior to the public meeting.
12.
13.
14.
15.
16.
17.
18.
19.
Revised April 20, 2004
10.
FP 04-024 Request for Final Plat approval of 41 single family residential
building lots and 10 common lots on 10.64 acres in a R-8 zone for Sageland
Subdivision by Quasar Development, LLC - northeast corner of East Victory
Road and South Locust Grove Road: .fv6t'e fo ~-2/-0?--
Continued Public Hearing from April 13, 2004: AZ 03-027 Request for
Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed
SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East
McMillan Road and east of North Meridian Road:
atfrn-hL'J f.:, frn!;:.'.c~ r/;: 'f c/~
Continued Public Hearing from April 13, 2004: PP 03-032 Request for
Preliminary Plat approval of 461 single-family building lots and 43 common
lots on 140.25 acres in a proposed R-4 zone for proposed Saguaro Canyon
Estates Subdivision by Farwest, LLC - north side of East McMillan Road
and east of North Meridian Road: >
a -r17n- ~ ? 1-0 /?>"e /,k1-< Ii! ( cJ--<-
Continued Public Hearing from April 13, 2004: CUP 03-058 Request for a
Conditional Use Permit for a Planned Development for reduced requirements
for frontages, lot sizes, and minimum house size and permission to have two
cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for
proposed Saguaro Canyon Estates Subdivision by Farwest, LLC - north
side of East McMillan Road and east of North Meridian Road:
a~h.e-J A7 ~.~~ ./IJ: (e-/...e-
Public Hearing: Request to provide roll off services to the City of
Meridian: /f,I'/-I7l-neJ I.P jdrep~ I-~f,,/u-b~
Report from Brad Watson on sewer feasibility north of Area of Impact: fre J:e..Ae d--
Tabled from April 13, 2004: Resolution No. tJ~~.df-:J I
Approval to proceed with work for tree replacement at 1409 North Main
Street by cashing the $500.00 deposit: ~rP v-..c....
Ordinance No. #1- - /07-:; Pretreatment I Sewer User
Amended Ordinance: ?F~V'-Z-
Water, Sewer and Trash Delinquencies: tJj;>pr-r:> v---L-
11.
Executive Session per Idaho State Code 67-2345(1)(c): ,h-o dec;J/~
Meridian City Council Agenda - April 20, 2004 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 Oftice at 888-4433 at least 48 hours priOl'to the public meeting.
May 7, 2004
MERIDIAN CITY COUNCil MEETING
APPLICANT
May 11, 2004
ITEM NO. 6.A
REQUEST Approve minutes of April 20, 2004 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:
SmlERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
ifr
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
c..-
Kevised April 20, 2004
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, April 20, 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
X Charlie Rountree X Bill Nary
X Shaun Wardle X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance: Boy Scout Troop 306
3. Community Invocation by Pastor Burton Roberts, Meridian Gospel
Tabernacle:
4. Adoption of the Agenda: Approve
5. Consent Agenda:
A. Approve Minutes of March 16, 2004 City Council Regular Meeting:
Approve
B. Approve Minutes of March 16, 2004 Pre-Council Meeting: Approve
C. Approve Minutes of March 23, 2004 City Council Regular Meeting:
Approve
D. Approve Minutes of March 23, 2004 Pre-Council Meeting: Approve
E. Approve Minutes of April 6, 2004 City Council Regular Meeting:
Approve
F. Approve Minutes of April 6, 2004 Pre-Council Meeting: Approve
G. Tabled from April 13, 2004: Findings of Fact and Conclusions of
Law for Approval: AZ 03-025 Request for annexation and zoning of
57.84 acres from RUT to C-G zones for Blue Marlin by W. H. Moore
Company - northwest corner of East Ustick Road and North Eagle
Road: Approve
H. Findings of Fact and Conclusions of Law for Approval: VAC 04.
002 Request for a Vacation of easements for Lots 2 & 3, Block 1; Lots
3 & 4, Block 1; Lots 1 & 2, Block 2; and Lots 4 & 5 Block 2 for
Meridian City Council Agenda- April 20, 2004 Page 1 of5
All materials presented at public meetings shall become property ofthe City of Meridian.
Anyone desiring acconunodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
i
l
I-<.evised April 20, 2004
Scottsdale Subdivision by Landmark Engineering & Planning, Inc. -
south of West Franklin Road and east of South Linder Road:
Approve
I. Findings of Fact and Conclusions of Law for Approval: CUP 04-
002 Request for a Conditional Use Permit for a temporary bank facility
with a drive-thru window and a drive-thru window for the permanent
structure in a C-C zone for Farmers and Merchants State Bank by
CSHQA - southwest corner of East Overland Road and South Eagle
Road: Approve
J. Order Granting Remand to Planning and Zoning Commission: AZ
03-037 Request for Annexation and Zoning of 46.40 acres from RUT
to R-8 zone for proposed Chesterfield Subdivision by Centennial
Development, LLC - east of North Black Cat Road and north of West
Franklin Road: Approve
K. Order Granting Remand to Planning and Zoning Commission: PP
03-046 Request for Preliminary Plat approval of 215 residential
building lots and 34 common lots on 46.40 acres in a proposed R-8
zone for proposed Chesterfield Subdivision by Centennial
Development, LLC - east of North Black Cat Road and north of West
Franklin Road: Approve
L. Order Granting Remand to Planning and Zoning Commission:
CUP 03-070 Request for a Conditional Use Permit for a Planned
Development with request for reduction to the minimum requirements
for lot size, street frontage and front yard setbacks for patio homes for
proposed Chesterfield Subdivision by Centennial Development, LLC
- east of North Black Cat Road and north of West Franklin Road:
Approve
M. Resolution No. 04-430 TerminatinQ aQent of record
designation for the City of Meridian: Approve
N. Release of Agreement for Sewer I Water Assessment for Seventh
Dav Adventist Church: Approve
O. Pressure ReducinQ Vaults (PRV's) and Victory Road Water Line:
Approve
P. Centrate EQuiliation Tank Desian Proiect: Approve
Q. Approve Beer. Wine. and liquor License Renewals: Approve
Wal-Mart - Beer & Wine
Ultra Touch Car Wash - Beer
Bangkok House - Beer & Wine
Muggsy's - Beer & Liquor
Meridian City Council Agenda - April 20, 2004 Page 2 of 5
All materials presented at public meetings shall become property ofthe City of Meridian.
Anyone desiring acconunodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
kevised April 20, 2004
The Cigarette Store - Beer
Wingers - Beer & Wine
Jacksons Food Store #99 - Beer & Wine
Jacksons Food Store #24 - Beer & Wine
Jacksons Food Store #11 - Beer & Wine
Jacksons Food Store #1 - Beer & Wine
Jacksons Food Store #97 - Beer & Wine
Jacksons Food Store #98 - Beer & Wine
Epi's - Beer & Wine
Round Table Pizza #870 - Beer & Wine
West of Philly - Beer & Wine
Pizza Hut - Beer & Wine
Pizza Hut - Beer & Wine
Chicago Connection - Beer & Wine
R. AQreement for Hookup to the City of Meridian's sewer system,
outside the City Limits for Goldcreek Developers, llC (James
Jewett) for Westborough Subdivision: Approve
6. Department Reports:
A. Parks and Recreation Department - Doug Strong
1. Discussion of Kiwanis Park AQreement: Approve
B. Planning and Zoning Department - Anna Powell
1. Diane Kushlan Consultina Services: Approve
C. Police Department - Bill Musser
1. National Fast Draw Championship Presentation:
2. Discussion of Traffic Safety Commission Amended
Ordinance: On Next Agenda
D. Public Works Department - Gary Smith
1. Presentation on Meridian's Water Resources by Ed
Squires: On May 4, 2004 Pre~Council
2. Change Order - Franklin Road Project $34,000: Approve
E. City Council - Shaun Wardle
1. Update of Cherry lane Golf Course:
7. (Items Moved from Consent Agenda)
Meridian City Council Agenda - April 20, 2004 Page 3 of 5
All materials presented at public meetings shall become property oftbe 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.
Kevised April 20, 2004
8. FP 04-022 Request for Final Plat approval of 31 single family residential
building lots and 2 common lots on 8.99 acres in a R-8 zone for Sun dance
Place Subdivision No.2 by Sundance Limited Company, LLC - east of
North Meridian Road and north of East Ustick Road: Approve
9. FP 04-023 Request for Final Plat approval of 61 single family residential
building lots and 2 common lots on 17.27 acres in a R-8 zone for Sundance
Place Subdivision NO.3 by Sundance Limited Company, LLC - east of
North Meridian Road and north of East Ustick Road: Approve
10. FP 04-024 Request for Final Plat approval of 41 single family residential
building lots and 10 common lots on 10.64 acres in a R-8 zone for SaQeland
Subdivision by Quasar Development, LLC - northeast corner of East Victory
Road and South Locust Grove Road: Table to April 27, 2004 Meeting
11. Continued Public Hearing from April 13, 2004: AZ 03-027 Request for
Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed
SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East
McMillan Road and east of North Meridian Road: Attorney to prepare
Findings of Fact and Conclusions of law for Approval
12. Continued PUblic Hearing from April 13, 2004: PP 03-032 Request for
Preliminary Plat approval of 461 single-family building lots and 43 common
lots on 140.25 acres in a proposed R-4 zone for proposed Saguaro Canyon
Estates Subdivision by Farwest, LLC - north side of East McMillan Road
and east of North Meridian Road: Attorney to Prepare Findings of Fact
and Conclusions of law for Approval
13. Continued Public Hearing from April 13, 2004: CUP 03-058 Request for a
Conditional Use Permit for a Planned Development for reduced requirements
for frontages, lot sizes, and minimum house size and permission to have two
cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for
proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north
side of East McMillan Road and east of North Meridian Road: Attorney to
Prepare Findings of Fact and Conclusions of law for Approval
14. PUblic Hearing: Request to provide roll off services to the City of
Meridian: Attorney to Prepare Resolution
15. Report from Brad Watson on sewer feasibility north of Area of Impact:
Presented
16. Tabled from April 13, 2004: Resolution No. 04431 Approval
to proceed with work for tree replacement at 1409 North Main Street by
cashing the $500.00 deposit: Approve
Meridian City Council Agenda - April 20, 2004 Page 4 of 5
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 cQntact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
>>>
f
i
>t\evised April 20, 2004
Ordinance No. 04-1075
Ordinance: Approve
18. Water, Sewer and Trash Delinquencies: Approve
Pretreatment I Sewer User Amended
17.
19. Executive Session per Idaho State Code 67-2345(1)(c): No Decision
Meridian City Council Agenda - April 20, 2004 Page 5 of 5
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 Meeting
April 20. 2004.
The regular meeting of the Meridian City Council was called to order at 7:05 P.M.,
Tuesday, April 20, 2004, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlie Rountree
and Shaun Wardle.
Staff Present: Bill Nichols, Will Berg, Anna Powell, Kenny Bowers, John Overton, Brad
Watson, Gary Smith, and Dean Willis.
Item 1:
Roll-call Attendance:
Roll call.
X Shaun Wardle
X Charlie Rountree
X
X Bill Nary
X Keith Bird
Mayor Tammy de Weerd
De Weerd: Okay. I will go ahead and call the regular City Council meeting to order. It's
Tuesday, April 20th. Thank you all for joining us here tonight. We will start with roll call
attendance.
Item 2:
Pledge of Allegiance:
De Weerd: Item No.2 is the pledge of allegiance and we will be led in the pledge from
Troop 306 and, I'm sorry, Marcus Fernandez. Thank you.
(Pledge of Allegiance recited.)
Item 3:
Community Invocation by Pastor Stan Kelly, Capital Christian
Center:
De Weerd: Thank you. We have added a couple of items to our regular agenda. We
start off with a pledge. The second item we added was a community invocation. We
wanted to involve our faith community and integrate it into our city issues, looking for
solutions, and this is one of the first ways we have integrated the faith community within
our city government. We look for all religions to be involved and have encouraged them
to get a hold of Pastor Burton Roberts, who has been coordinating the different leaders
who have joined us at each of our meetings. So, regardless of what religion or not,
please, use this moment as a time to reflect and just look at the time ahead of us on our
agenda and give you an opportunity and us an opportunity to put everything in
perspective. So, we are joined for this community invocation by Pastor Burton Roberts
with the Meridian Gospel Tabernacle.
Roberts: Thank you, Madam Mayor, Council. Shall we pray? Most gracious and kind
Heavenly Father, we do pause in the busyness of our schedule tonight to just say thank
you. Thank you for the many blessings that we as a community have every day and so
many times they pass us by without us really sensing how privileged we are as a people
Meridian City Council
April 20, 2004
Page 2 of 44
to live where we live. Tonight, Father, I just ask that we could invoke your presence for
this meeting, bring about to each of our hearts and minds the wisdom and the
knowledge and the patience and truly the peace that comes from knowing that you are
able to bring joy into all of our hearts. Have your way in this meeting tonight and all of
our lives we pray, amen.
Item 4:
Adoption of the Agenda:
De Weerd: Thank you. Okay. Item No.4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would -- on the agenda as published we have got a resolution, which number is
04-430 and our ordinance number is 04-1075. And, with that, I would move that we
approve the agenda as revised on April 20th, 2004.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to approve the agenda as amended
or changed. Any further discussion? All those in favor say aye. All ayes. Motion
carried.
MOTION CARRIED: ALL AYES.
Item 5:
Consent Agenda:
A. Approve Minutes of March 16, 2004 City Council Regular Meeting:
B. Approve Minutes of March 16, 2004 Pre-Council Meeting:
C. Approve Minutes of March 23, 2004 City Council Regular Meeting:
D. Approve Minutes of March 23, 2004 Pre-Council Meeting:
E. Approve Minutes of April 6, 2004 City Council Regular Meeting:
F. Approve Minutes of April 6, 2004 Pre-Council Meeting:
G. Tabled from April 13, 2004: Findings of Fact and Conclusions
of Law for Approval: AZ 03-025 Request for annexation and
zoning of 57.84 acres from RUT to C-G zones for Blue Marlin by
W. H. Moore Company - northwest corner of East Ustick Road
and North Eagle Road:
H. Findings of Fact and Conclusions of Law for Approval: VAC
04-002 Request for a Vacation of~C1sements for Lots 2 & 3, Block
Meridian City Council
April 20, 2004
Page 3 of 44
1; Lots 3 & 4, Block 1; Lots 1 & 2, Block 2; and Lots 4 & 5 Block 2
for Scottsdale Subdivision by Landmark Engineering & Planning,
Inc. - south of West Franklin Road and east of South Linder Road:
I. Findings of Fact and Conclusions of Law for Approval: CUP
04-002 Request for a Conditional Use Permit for a temporary bank
facility with a drive-thru window and a drive-thru window for the
permanent structure in a C-C zone for Farmers and Merchants
State Bank by CSHQA - southwest corner of East Overland Road
and South Eagle Road:
J. Order Granting Remand to Planning and Zoning Commission:
AZ 03-037 Request for Annexation and Zoning of 46.40 acres from
RUT to R-8 zone for proposed Chesterfield Subdivision by
Centennial Development, LLC - east of North Black Cat Road and
north of West Franklin Road:
K. Order Granting Remand to Planning and Zoning Commission:
PP 03-046 Request for Preliminary Plat approval of 215 residential
building lots and 34 common lots on 46.40 acres in a proposed R-8
zone for proposed Chesterfield Subdivision by Centennial
Development, LLC - east of North Black Cat Road and north of
West Franklin Road:
L. Order Granting Remand to Planning and Zoning Commission:
CUP 03-070 Request for a Conditional Use Permit for a Planned
Development with request for reduction to the minimum
requirements for lot size, street frontage and front yard setbacks for
patio homes for proposed Chesterfield Subdivision by Centennial
Development, LLC - east of North Black Cat Road and north of
West Franklin Road:
M. Resolution No. i{;jPi' Terminating agent of
record designation for the City Of Meridian:
,.;;"
N. Release of Agreement for Sewer I Water Assessment for
Seventh Dav Adventist Church:
o. Pressure Reducing Vaults (PRV's) and Victory Road Water
Line:
P. Centrate Equiliation Tank Design Proiect:
Q. Approve Beer, Wine, and Liquor License Renewals:
Wal-Mart - Beer & Wine
Ultra Touch Car Wash - Beer
Bangkok House - Beer & Wine
Muggsy's - Beer & Liquor
Meridian City Council
April 20, 2004
Page 4 of 44
The Cigarette Store - Beer
Wingers - Beer & Wine
Jacksons Food Store #99 - Beer & Wine
Jacksons Food Store #24~Beer & Wine
Jacksons Food Store #11 - Beer & Wine
Jacksons Food Store #1 - Beer & Wine
Jacksons Food Store #97 - Beer & Wine
Jacksons Food Store #98 - Beer & Wine
Epi's - Beer & Wine
Round Table Pizza #870 - Beer & Wine
West of Philly - Beer & Wine
Pizza Hut - Beer & Wine
Pizza Hut - Beer & Wine
Chicago Connection - Beer & Wine
R. Agreement for Hookup to the City of Meridian's sewer system,
outside the City Limits for Goldcreek Developers, LLC (James
Jewett) for Westborough Subdivision:
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda as published and for the
Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda. Mr.
Clerk, would you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 6:
Department Reports:
A. Parks and Recreation Department - Doug Strong
1. Discussion of Kiwanis Park Agreement:
Meridian City Council
April 20, 2004
Page 5 of 44
De Weerd: Thank you, Mr. Clerk. Okay. Item 6 is Department Reports and, I'm sorry,
during the adoption of the agenda I should have asked that an Item E be placed on
there for a brief update from Councilman Wardle on the golf course. So, we will start
with A, with the parks recreation department with the discussion of Kiwanis Park
Agreement. Mr. Strong.
Strong: Thank you, Madam Mayor, Members of the Council. I appreciate the
opportunity to talk about this agreement. I hope you have had the opportunity to read,
between the City of Meridian and Daybreakers Kiwanis Club, to build, essentially, a
nine-acre park near Mountain View High School. This partnership is a little different
than many of the partnerships we have, in that it will be a turn key park in that when
they complete the park it will be turned over to the city for use by the city and the
agreement outlines the responsibility of the Kiwanis Club and the city in completion of
that project. So, that is a basic introduction and I will stand for any questions about the
agreement.
De Weerd: Council, do you have any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mr. Strong, is the Kiwanis in agreement with this agreement? Have they read it
and had their approval on it?
Strong: Madam Mayor, Councilman Bird, they have. There is no disagreement with
anything on this agreement.
Bird: Thank you.
~.h.
De Weerd: Okay. So, no questions from Council? Okay. So, we will put this on our
agenda once it is signed by the Daybreakers? Is that my understanding?
Strong: You'd like their signature first?
De Weerd: Is it okay to adopt before their signature?
Nichols: Madam Mayor, Members of the Council, there is nothing that says you can't do
it first. The ones that we always ask to be signed before the city approves them are
development agreements with the developers and so I don't know that there is any
prohibition against signing it first and it might expedite a lengthy process already.
De Weerd: Okay. Thank you, Doug.
Meridian City Council
April 20, 2004
Page 6 of 44
Strong: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: With that I would move, then, that we approve the development and license
agreement with the Daybreakers Kiwanis Club and have it noted in there that it is not
the Sunrise Kiwanis Club, but it is the Daybreakers Club, regarding the park and
recreation department. And for the Mayor to sign and the Clerk to attest.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to approve the agreement for the
Kiwanis Park with the Daybreakers Kiwanis Club. Any further discussion? Mr. Clerk,
would you like to call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
B. Planning and Zoning Department - Anna Powell
1. Diane Kushlan Consultin~ Services:
De Weerd: Thank you. Okay. Item B is from the Planning and Zoning Department,
Diane Kushlan Consulting Service.
Powell: Madam Mayor, Members of the Council, a,;;;8mber of months ago I brought
forward to you a request to hire Diane to work on our new zoning ordinance update.
We have been working together. That contract just went through, compiling a draft
document. We have completed that and we are working with the process improvement
group to refine that draft and, then, take it out to the public. I did ask for Diane to
continue her services. The time demands -- it's a very involved group and the time
demands are pretty heavy still on those modifications and serving that group, so I would
like to extend that contract. The figure is 3,120 dollars and there is money in my
consulting budget for those funds.
De Weerd: Council, do you have any questions? Okay. Hearing none, do I have a
motion?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I would move the approval to extend the contract -- consulting contract with the
city and Diane Kushlan for consulting services with the Planning and Zoning
Meridian City Council
April 20, 2004
Page 7 of 44
Department and for the funding to be an additional 3,100 -- not to exceed 3,100 -- well,
I'm taking that back. I'm sorry. 3,120 dollars, plus the out-of-pocket expenses that have
been previously authorized in advance, to come out of their consulting budget.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve P&Z's request. Any
further discussion? Mr. Clerk.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
C. Police Department - Bill Musser
1. National Fast Draw Championship Presentation:
De Weerd: Okay. Item C. We have a guest with us tonight, I will have Captain Overton
introduce our guest and this is on Item One, the National Fast Draw Championship
presentation.
Overton: Madam Mayor, Members of the Council, as you can tell, we have a
PowerPoint presentation for you tonight. Our presenter is going to be Andrew Fink, who
is the president and editor and chief of Shoot magazine and I will be his technical
assistant.
De Weerd: Thank you, Captain. Hello, Andy.
Fink: Thank you, Madam Mayor, Council Members. The primary reason for this
presentation is to give you a better idea of what we are planning on doing and bringing
to the City of Meridian. If you would go to the next slide. I'm going to go ahead and
discuss a little bit about what Cowboy Fast Draw is, so that you can have a better feel
for that. I'll go over this event specifically. Also discuss all the government business
organizations that we have contacted, the citizen's use permit that we have filled out.
Safety is a major issue and I want to cover that for you. The location is on the side of
Sportsman's Warehouse in Meridian and, then, I have got an event drawing that I'd like
to go over. Cowboy Fast Draw is a person-to-person event. It's a timed event and we
use wax bullets. There is no lead flying around anywhere, so it's very safe. It's low
velocity and there is, essentially, two categories. There is either men and women. If
you can go to the next one, please. We use old west firearms .45 Colt caliber.
Traditional holsters. It brings a flavor of the old west to the community wherever these
kinds of events are and a lot of people still are heavy traditionalists in the old west and
western areas, like Idaho is. We use wax bullets. The wax bullet weighs 15 grains with
a primer, and a little bit of black powder to make a little sound and a little smoke. Once
it hits the target, all the kinetic energy is dissipated. If it bounces back and touches you,
it's like just touching your face. There is no danger. And we have a number of safety
issues in place to make sure that that happens. We shoot at metal targets. When the
Meridian City Council
April 20, 2004
Page 8 of 44
light comes on you start and you shoot from a distance of 21 feet for each contestant
and times are in the tens of seconds from the time that you see the light until the time
that you draw, 4/1 Os of a second, 5/1 Os of a second, 6/10s of a second. The main -- the
primary event, besides the national championship, is, actually, a celebrity shoot for
Cystic Fibrosis. Spectators will bid to shoot with a particular celebrity as their team
member. All monies bid go to the Cystic Fibrosis Foundation. Celebrities include quite
a few people that you might know, including Madam Mayor, Governor Kempthorne will
be there in the afternoon. Chief Musser will be there. And we have two of the world
fast draw, which is a little bit different sport, but two of their championship -- champions
will be there as well. The national championship will, actually, start on the 7th and 8th.
It will go from 7:00 a.m. to dark on the 7th and 7:00 a.m. to 5:00 p.m. on the 8th. How
many actual contestants we are going to have is probably going to be around a
hundred. It could be more. The prizes that are given out is 15,000 dollars in cash and
merchandise. Spectators can also come out and try out the event. There is some laser
target systems that you can, actually, shoot at different targets with laser systems and
have a lot of fun and the laser systems are free. How many visitors we are going to get
through there in those three days, probably two to three thousand. Don't know for sure,
but we have got some publicity going on. There is an ad that will be put in the paper.
Channel 2 is going to cover the event on Thursday morning and we are going to have a
couple of signs out on Eagle and Fairview and Eagle and Franklin Roads. We have
contacted all of the people that the Mayor and the chief of police originally asked us to
talk to. We work with Sportsman's Warehouse, we work with the mall building
developer. I had a meeting with the Crossroads neighborhood association and wrote up
an announcement for their newsletter to all the Crossroad neighborhood association.
Cystic Fibrosis Foundation has been involved in the beginning of this and they are going
to have somebody there on the 6th. We visited all the Crossroads mall stores, every
one of them, and talked to them about the event. The Governor's office and a
congressional delegation. The citizens use permit, we have had everybody sign off
that's listed there. The sheriffs office, highway district, fire chief, police chief, and it's
now at the Mayor's office. Insurance coverage has been included to include everybody
that's required on the citizens use permit, so -- and there is copies attached to the
citizens use permit of all the insurance forms. Safety. Security wise, we will have 12 to
20 staff members that will be constantly watching everybody that has any firearm and
the ammunition. This will include three off-duty Ada County Deputy Sheriffs that are
going to be involved the whole three days. We are going to -- if you see the people in
this photo right here, this particular event, which was the world fast draw last year in
South Dakota, Deadwood, South Dakota, they did not have partitions on either side and
we are making sure that we have partitions on either side of the shooter and I'll show
those in a second. All guns and wax ammunition will be checked. Glasses will be
available for all. Ear plugs will be available for all. There will be one entry point, with an
additional exit point available in case of emergency, people needing to get in or out or
fire truck or ambulance or anything. The event area will be fenced in. That's a metal
chain link fence that will be put all around the parking lot. Wax ammunition will be
provided by Shoot magazine and the guns are out of the holster only on the firing line
and when pointed down range or in a safe area. There is one designated area that's a
safe area. The location is Sportsman's Warehouse. This is the actual parking lot. It's
the south parking lot and the whole parking lot area will be fenced off. Next one,
please. This will be the main fence in front and that will be the entrance going into the
Meridian City Council
April 20, 2004
Page 9 of 44
event area. This is the front of the Sportsman's Warehouse building. The only traffic
you envision here is foot traffic going across into the event area, but there will not be
any blocking of the roads or anything. And next picture. That one shows just a different
angle of the front. And that's another angle of the actual south portion of the parking lot
itself. Again, all that area will be fenced off. The fence will actually be located on the
grass. Okay. This is kind of a map of the event area itself. On the left side you can see
that's a safe area and cleaning area. The lines that are drawn are targets. Partitions
are eight foot high. They go out to 24 feet. Remember, that the actual participant is
shooting at 21 feet away from the target. So, the actual partition will be behind -- go at
least three feet behind them on each side. On the left side, the side that faces, actually,
the Crossroads neighborhood association, we had an additional four feet by the request
of the Chief Musser. And that was included. Over on the right side you have the laser
target system and security check for the event area. All of the other boxes are different
vendors and people providing support for the event. Last slide, please. Myself or one
of my staff members, Ray Walters is the main contact. We have a phone number that's
in your package, as well as an e-mail addressandawebsite, if you're interested in
anything, and I'd like to answer any questions that you may have about the event.
De Weerd: Council, do you have any questions?
Bird: Just happy to see them here.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: On the -- on the fencing that's going to be on the grass and around the facility, is
that -- what type of fencing is that?
Fink: It's a chain -- metal chain link fence.
Nary: Okay. And I notice you have this poster printed up. Could you print like Mayor
Tammy "Gun" de Weerd or something like that?
Fink: Oh, we might be able to arrange something like that.
Nary: She doesn't have a big name like the other people do. Dangerous Dirk
Kempthorne or something like that.
Fink: She's, actually, pretty good.
Nary: Something to draw a lot more crowd, I think.
De Weerd: You need to be careful.
Bird: Calamity Jane.
Meridian City Council
April 20, 2004
Page 10 of 44
Fink: Anybody that would like -- like the Council members, maybe you need to go shoot
with her as a team partner.
Nary: Oh, I think she's very dangerous, so I think she will get more people to come.
De Weerd: Thank you, Councilman Nary. Remind me not to notice you. Thank you,
Andy. This is going to be a great event. The chief and I have already been out and
practiced shooting, so we'll be all ready for this event.
Fink: Thank you very much.
2. Discussion of Traffic Safety Commission Amended Ordinance:
De Weerd: Thank you very much. Okay. Captain Overton. Our next item is discussion
of the Traffic Safety Commission amended ordinance.
Overton: Madam Mayor, Members of the Council, as you know, the original traffic
safety committee ordinance was established in 1971 and it is definitely time to update it.
We had people on the committee that have positions that don't exist anymore in our city.
for, in fact, a city judge that we haven't had for years and it was just time that it was
updated. We increased the number of citizen volunteers that would be appointed to that
committee from two to four to increase more citizen involvement. We changed the
language somewhat, so instead of saying chief of police it would, obviously, be a police
department representative, as well as it is from the school district, from the Ada County
Highway District, and other organizations on that committee. It's a simple modification, I
believe, of the ordinance, but it was well overdue, so we can try to reach a quorum and
get some constructive business done in that committee.
De Weerd: Thank you. Council, have you had a chance to look at this and do you have
any questions? Okay. We will go ahead and get it on our agenda, so it can be officially
noticed and acted on. Okay. Thank you, captain.
Overton: Thank you.
D. Public Works Department - Gary Smith
1. Presentation on Meridian's Water Resources by
Ed Squires:
De Weerd: Okay. Item 0, the Public Works Department. We are going to put that on
your May 4th agenda. The presenter needed probably around a half hour just to make
the presentation. Yes, Brad?
Watson: Madam Mayor, I need to do a little bit of a bait and switch on you under
Department Reports, even though Gary is not here. I do have something that I do need
to discuss with you briefly.
De Weerd: Okay.
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April2Q,2004
Page 11 of 44
Watson: Thank you. We have, as you know, been very heavily involved in the Franklin
Road project. We have a joint effort agreement with ACHD and that project seems to
be going very well, overall it appears to be on schedule, and the utilities -- our utilities
are way ahead of schedule. This isn't the point of my presentation, but I thought you
might be interested anyway. I was told today that Meridian Road would be opened back
up by the end of next Sunday, this coming Sunday night, hopefully, and maybe a day or
two after that. So, I know I was personally very interested in that.
De Weerd: Halle[ujah. My secretary will be, too.
Watson: Yeah. They will be proceeding with paving on portions of Franklin Road the
first couple weeks of May, so they are moving ahead pretty well. The one thing that's
come up is that since the project was bid we have identified two utility-related things that
need to be done. One is a pressure-reducing vault and it needs to go in very quickly.
The other is some sewer work that needs to be done in the area of 3rd Street and
Franklin. It's there where the former PAL office was and we have discovered kind of a
mess of sewer services in that area that will be displaced. So, we asked for change
order proposals from ACHD several weeks ago, because of the way these contracts are
set up and they are a good thing, they save us money, but the papelWork trail is a bit
cumbersome sometimes, because it goes to ACHD to Idaho Sand and Gravel to
Sommer Construction, who is doing the water and sewer, and, then, back up the chain.
So, we got this change order proposal yesterday and ready to proceed with work,
actually, today, but we held them off for one day, so that I could bring this up to you.
These two items would increase our contract amount about 34,000 dollars. So, we
want to get them going, so that they don't delay the project on Franklin Road at all. Just
to note, we did work out something today, we think, that will preclude us having to come
to you at the last minute without having something in your packet. We have talked with
the contractor and we think we can work something out that will prevent this from
happening again. But I want to proceed and get them going as quickly as possible and
that's what I'm here to ask.
De Weerd: And it is in your budget and you have talked to your Council liaison?
Watson: Yes. [have corresponded via e-mail with Councilman Rountree and both of
these items are within our budget.
De Weerd: Okay. Councilman Rountree, do you have any comment?
Rountree: No comments, but I think it works.
De Weerd: Okay.
Rountree: Madam Mayor, I move that we approve the change order for the pressure
reducing vault and the sewer replacement in Franklin Road for 34,000 dollars.
Bird: Second.
Meridian City Council
April 20, 2004
Page 12 of 44
De Weerd: Okay. It's been moved and seconded to approve Public Work's request.
Any further discussion? Mr. Clerk.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
D. Shaun Wardle: Golf Course update.
De Weerd: Okay. Golf course update by Councilman Wardle.
Wardle: Thank you, Madam Mayor. Thank you for getting me on the agenda. I won't
pull a bait and switch on you like Brad did, but I will give you just a quick update. I have
met with the city attorneys, as well as the parks director pursuant to our conversation
two weeks ago. Just the gist of our -- of our focus has changed. We thought that in the
PGA report there were two areas of focus. One was the playability of the course, which
talked about things like handicap and slope of greens and those sorts of things and the
other was, really, what was a landscape issue and so we have decided to focus on the
landscaping issue at the current time. We have roughly broken that process down into
pieces, being, essentially, looking at the irrigation system first and the steps that we
need to take to work on that irrigation system and the first would be design. So, at this
current time we are still waiting some communication with Cherry Lane Recreation and
hope to have a better update for you very shortly. If I have missed anything, Mr. Nichols
-- we are on schedule to, hopefully, meet our deadline of June 1 st.
De Weerd: Thank you, Mr. Wardle. Is there any questions by Council?
Bird: I have none.
Item 7:
(Items Moved from Consent Agenda)
De Weerd: Okay. We didn't remove any items from the Consent Agenda.
Item 8:
FP 04-022 Request for Final Plat approval of 31 single family residential
building lots and 2 common lots on 8.99 acres in a R-8 zone for
Sundance Place Subdivision No.2 by Sundance Limited Company,
LLC - east of North Meridian Road and north of East Ustick Road:
De Weerd: So, I will move to the final plat 04-022, Item No.8. Anna, on these three
final plats, eight, nine, and ten, are the applicants in agreement with all of them? Can
we do them all in one motion, after you address each one?
Powell: Madam Mayor, Members of the Council, no, I have changes that you need to
make on Sundance Three and Sageland.
De Weerd: Okay. Well, we will start with Item No.8, with Sundance Place Subdivision
NO.2.
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April 20, 2004
Page 13 of 44
Powell: There we go. Sorry about that. Madam Mayor, Members of the Council, this is
the second phase for Sundance Place. The area shown -- of the preliminary plat is
shown in blue and, as you will see, the final path is in substantial compliance with the
approved preliminary plat. I put a little green dot on the open space lots, so that they
show up a little better. You will see in the next -- in Sundance Three it -- the open
space, actually, extends in two lots. The other portion of it is right here. So, staff is
recommending approval. The applicant has submitted a letter stating they are in
agreement with the conditions of approval of this plat.
De Weerd: Okay. Council, any questions? Anna, is the applicant in agreement with
staff comments or is the applicant here tonight and wish to comment?
Powell: Yes to both.
De Weerd: Okay. Would the applicant like to come forward? State your name and
address.
McKay: Becky McKay. Engineering Solutions. 150 East Aikens, Eagle. We are in
agreement with staff's recommended conditions. We have no problem.
De Weerd: Okay.
Powell: I misheard your question, Madam Mayor. I'm sorry.
De Weerd: Okay. Council, anything further? I would entertain a motion.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No.8, FP 04-022, final plat for Sundance Place
Subdivision No.2.
Rountree: Second.
De Weerd: It's been moved and seconded to approve Item No.8. Any further
discussion? Hearing none, Mr. Clerk.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 9:
FP 04-023 Request for Final Plat approval of 61 single family residential
building lots and 2 common lots on 17.27 acres in a R-8 zone for
Sundance Place Subdivision No.3 by Sundance. Limited Company,
LLC - east of North Meridian Road and north of East Ustick Road:
Meridian City Council
April 20, 2004
Page 14 of 44
De Weerd: Thank you. Okay. Item No. 9 IS FP 04-023 for Sundance Place
Subdivision NO.3.
Powell: Madam Mayor, Members of the Council, again, the area shown in blue and, as
you will see, the preliminary plat is in substantial compliance. Here is the back-to-back
open space lots, another small open space lot there. The applicant has stated -- does
have a letter stating that they are in agreement with the conditions of approval, although
just before the hearing Mrs. McKay asked me to make a minor modification to item
number 11 on page three of four. Right now it states that a 20 foot wide easement is
necessary across this lot on the north side of it. She'd like it just to sayan easement
across the north side, with a total of 30 feet. That way if they -- if they need to go 15
and 15, instead of 10 and 20, it just gives them the flexibility, but it's still clear that we
need a 30-foot easement. So, it would be strike out: A 20 foot wide and just replace
that with the word an. That's the end of staffs comments and I don't believe the
applicant needs to speak to you on the conditions of approval. She is nodding in the
affirmative.
De Weerd: Okay. Thank you. Council, any questions? Okay. Do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item No.9, final plat for Sundance Subdivision No.
3 include staffs comments and the modification to staff comments on page three, item
11, to change the reference to 20-foot wide easement to read an easement.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve Item No. 9 as amended.
Any further discussion? Hearing none, Mr. Clerk.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 10:
FP 04-024 Request for Final Plat approval of 41 single family residential
building lots and 10 common lots on 10.64 acres in a R-8 zone for
Saqeland Subdivision by Quasar Development, LLC - northeast corner
of East Victory Road and South Locust Grove Road:
De Weerd: Item 10 is FP 04-024 for Sageland Subdivision. Start with the staff
comments.
Powell: Madam Mayor, Members of the Council, you may remember Sageland
Subdivision. We had a number of issues with the road and the issues, unfortunately,
continue. After the approval from the city, I believe they must have discovered there
was some drainage problems. ACHD is asking for an alternative street section on this
Meridian City Council
April 20, 2004
Page 15 of 44
subdivision where there is not a curb, it would be a ribbon curb, so the storm water
flows into a swale, an eight foot swale on either side of the road. So, to accommodate
that street section, it -- it's a 52 foot street section, so -- and that would be to the end of
the swales and, then, the four foot detached sidewalk on either side. The way the staff
report is written, we thought it was just -- the sidewalk was going to encroach
approximately two feet into each lot, but with the additional information we received
today, it's going to encroach five feet into each lot. Now, the applicant is still willing to
measure front setback from the edge of sidewalk, rather than from the property line and
they have enough depth there that they feel they can do that. But that is a change from
the staff report. It's also a change from the preliminary plat. The lots have not changed
substantially as you will see. So, it is in compliance with the layout of the approved
preliminary plat, it's just the street section has changed within that. They have also
asked -- oh. They have provided a letter to you that I just was able to review just a
moment ago regarding -- at first we thought they weren't going to be able to put the
trees in the drainage swale, but they would -- reading over the letter firsthand, it doesn't
appear that any changes need to be made to the conditions of approval, it's just -- it
says -- basically, it says if you need to -- it leaves latitude. If they don't need to relocate
the trees, then, they won't need to comply with that condition. So, I think we are okay
with the way that the conditions are written. And with that I will answer any questions
you may have.
De Weerd: Mr. Nary?
Nary: Where did the island go? Is that that little circle in the road? Is that it? Wasn't
there an island -- it seems like we had this about three times, so -- I don't have a
pointer, but I see a little circle in the middle of the road. Is that it? Right there.
Powell: Yes. That's it, sir.
Nary: Is this to scale? It seems a lot smaller than I recall when we talked about it
previously.
Rountree: Well, the road's wider.
De Weerd: I think the whole point of that was to take away the straightaway and --
Nary: Right. Slow down traffic and the like. It seems smaller than I recall from the --
Powell: It is nine feet wide and I do believe that is where we ended up last time.
Nary: That's what we said. Correct.
De Weerd: Okay. Thank you. Any further questions? Mr. Nichols.
Nichols: Madam Mayor. Anna, can you give us the specific condition number that
needs to be modified and how that should read, since we don't have that? I mean that-
- on the--
Meridian City Council
April 20, 2004
Page 16 of 44
Powell: Madam Mayor, Members of the Council, I don't believe any conditions need to
be modified. When we -- we knew that the sidewalk was going to encroach into the
front yard, so on item number 14, with reference to plat note 13, it says front yard
setback shall be measured from back of sidewalk for lots where the sidewalk
encroaches into the lot. So, we already added that condition. So, it's just -- instead of
being two feet, it's going to be five feet. That's all. So, they have agreed to that
condition, so I believe we are okay.
Nichols: Okay. And Madam Mayor -- Anna, on the letter from the developer, item 14,
number six, the last paragraph on page one of their letter, it says staff comment on this
item will not work. Could you address that one, please? Tell us how you would
propose to resolve that issue.
Powell: It will take me a moment. Again, I apologize, I just got this before the hearing
so I wasn't able to look these up. Their comment doesn't -- I don't understand exactly
what they are getting at. Perhaps the applicant can clarify that issue and I can provide
a better response. What it's in reference to is that we approved five foot rear setback
for detached garages on those rear setbacks and I had read that as the applicant had
worked out a different method of accommodating those easements with Public Works,
but perhaps I read that wrong, so --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I think that with the confusion and stuff and just getting this letter, I would make a
motion that we continue this FP 04-024 until April 27th, 2004. Give the staff a week to
look into this and make sure everything is what we believe it is.
Rountree: I will second that.
De Weerd: Okay. It's been moved and seconded to table 10 to 4/27/2004. Any further
discussion? Okay. All those in favor say aye. All ayes. Motion carried
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Items 11, 12, 13 and 14 are all public hearings. We enter into the
public hearing part of our meeting tonight. Part of our ordinance asks that we swear in
those that are wishing to testify and we do it all in one group swearing in. So, if you
anticipate wanting to participate in the Public Hearing process, if you will, please, raise
your right hand. Is the testimony you provide tonight the truth, the whole truth, and
nothing but the truth, so help you God? If so say I do.
(Affirmative answers.)
Item 11:
Continued Public Hearing from April 13, 2004: AZ. 03-027 Request for
Annexation and Zoning of 140.97 acres from RUT to R-4 zones for
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April 20, 2004
Page 17 of 44
proposed Sa~uaro Canyon Estates Subdivision by Farwest, LLC -
north side of East McMillan Road and east of North Meridian Road:
Item 12:
Continued Public Hearing from April 13, 2004: PP 03-032 Request for
Preliminary Plat approval of 461 single-family building lots and 43
common lots on 140.25 acres in a proposed R-4 zone for proposed
Sa~uaro Canyon Estates Subdivision by Farwest, LLC - north side of
East McMillan Road and east of North Meridian Road:
Item 13:
Continued Public Hearing from April 13, 2004: CUP 03-058 Request
for a Conditional Use Permit for a Planned Development for reduced
requirements for frontages, lot sizes, and minimum house size and
permission to have two cul-de-sac lengths exceed the maximum length in
a proposed R-4 zone for proposed SaQuaro Canyon Estates
Subdivision by Farwest, LLC - north side of East McMillan Road and
east of North Meridian Road:
De Weerd: Thank you. Okay. Items No. 11,12 and 13 is a continued Public Hearing
from April 13th on AZ 03-027, PP 03-032, and CUP 03-058. We start with staff
comments, then, we ask the applicant to, please, come forward, introduce their project.
Since this has been introduced, they will just give us an update on what happened and
that is timed at 15 minutes. Public testimony is timed at three minutes for each resident,
unless you're speaking on behalf of a homeowners association, then, you have -- you
have more time. And, then, we do ask that the applicant come up and have the final
say to answer the questions and testimony that came up during the public part. So, I
will start with staff comments.
Powell: Madam Mayor, Members of the Council, I'm just going to give a quick update.
Mr. Hawkins-Clark has, as usual, given you a very detailed update on whafs occurred.
I did want to remind you of a couple things. One is we did add this strip of land that now
goes out to Meridian Road to act as a flag to the Boyack property. We discussed that
last time, but I just wanted to remind of you of that. This is a map showing the changes
that the applicant has done since your last meeting. The letter from Brad indicates that
they had dropped nine lots. I have been informed earlier tonight that it's, indeed, ten.
Those ten -- there is two now at this location, instead of just one. One on the north
property here, four, and, then, three along this property line. The applicant has also
agreed to do -- originally they had agreed to do a stone wall, but the property owners
along that line have asked for that to be a stamped concrete fence, instead of a stone
fence. As you look at one of the -- one of the other issues that you had asked the
applicant to address was the issue of a neighborhood meeting. They have had two
neighborhood meetings since the March 9th hearing. The removal of lots, as I pointed
out previously, is the only substantial change that they have made to the preliminary
plat. They haven't relocated roads or anything of that nature. The applicant's
representative has asked me to make two changes on page two of Mr. Hawkins-Clark's
memo to you and that's regarding the conditions of approval. The first is for number
three, page three, where it says a stone fence, they are asking for a stamped concrete
fence. And, then, on number 17, page five, under preliminary plat, there is a little
confusion regarding the development of this five acre lot and the flag lot and I think we
Meridian City Council
April 20, 2004
Page 18 of 44
can clean that up. On the first sentence, if we remove the word preliminary plat and put
area, remove the words revised to and make that -- the next word combined, instead of
combine, and remove said lot. So, it would read that a new single family building permit
for the area shown as Lot 34, Block 28, the area shall be combined with Ada County
parcel, the existing driveway, to create a single flag lot with frontage on Meridian Road.
And, then, prior to that next sentence, add a phrase that says if not previously platted,
said flag lot shall be included in the first final plat. I apologize for those last minute
conditions. The applicant did bring that up to me outside and I did agree that the word
was not -- or the wording was not exactly clear. Those are the only changes that have
been initiated so far since your last review of that. I can answer any questions, but I
think that probably it's appropriate for the applicant to speak at this time.
De Weerd: Okay. Council, any questions for staff at this time? Okay. Please state
your name and address and spell your last name.
McKinnon: Dave McKinnon, M-c-K-i-n-n-o-n, 735 South Crosstimber, representing
Farwest Development tonight. Madam Mayor, Members of the Council, I'm happy to be
with you again. As Anna pointed out, we have had two additional neighborhood
meetings to discuss the transition between our subdivision and the large lots on the
northwest and east of the subject property and the reason why we had two meetings
was at the first meeting there was some confusion that was created by myself for -- just
because I tend to have a hard time with dates and not everybody made it to the first
meeting, we got to the second meeting, everybody was there. At the first meeting we
discussed quite a bit the issues of transition and how this subdivision would work with
the lots around us. We talked quite a bit about the Comprehensive Plan and how this
complies with the Comprehensive Plan and the request of the city for this to be a
medium density subdivision, according to the Comprehensive Plan. Unfortunately, at
those meetings there was no general consensus that was gathered. There is a large
number of people representing different neighborhoods and different large groups and
there was no great agreement come to at that time. As you know, previous to those
neighborhood meetings, neighborhood meetings were held. Justin Martin from Farwest
met with Larkwood Homeowners Association several times. An agreement was in place
prior to the last City Council meeting and I will address that in a moment. After those
meetings there were additional conversations with a number of the neighbors. Most
importantly, I guess we could start off with just a couple of different agreements that
were made since those neighborhood meetings. I have had a chance to talk with Mr.
Atkins and with the Priddys, both Ed and John, and the Atkins. They are the property
owners that are adjacent to the western edge of the subdivision. This is the location of
the stamped concrete fence. They asked -- a stamped concrete fence looks similar to
that in Lochsa. We have agreed to that. As you remember, there is a bull that's on the
property back there and we wanted to provide the extra protection there. So, we have
agreed to do a stamped concrete fence adjacent to that and Brad's outlined that in his
memo. In addition to that, we have agreed to a 25-foot tall height restriction on these
houses. That's to the measurement at the peak. And the reason why we did that is to
allow for a second story bonus room to be allowed. Not a full second story, but for a
bonus room to be allowed, typically not considered to be a second story, and they have
agreed to that. In addition to that, we met with the Atkins and Priddys and they said
there was some concern about the 24-foot wide roadway access in the Boyack property
Meridian City Counc1J
April 20, 2004
Page 19 of 44
and they wanted to point out that they really don't want to see a high volume of vehicles
being able to use this as an access point. They understand if it's an emergency vehicle
access that's one thing, but as a direct access into the subdivision they do not want to
see that happen, because it's right next to their large house and to their barn back there.
And so although we don't own that property, we are in agreement with them and would
support that, that this only be used for a single home and, then, after this develops in
the future, secondary access either through the property to the south or through this
stub street be required, so that this 24 foot wide way does not become a major collector
and become a bother for the property to the north, Mr. Atkins and Priddy. That was the
agreement that we came to with them. I met -- I didn't meet with them, but I spoke on
the phone today with Mr. Priddy -- I guess Ed and John's assistant and we talked about
that and they felt that those would be the things that they were the most concerned with
and they would be agreeable to those changes. In addition to that, you can see that we
reduced the number of lots by three in that location. On to Mr. Lee's property. You all
should have received a letter from Mr. Lee today, dated today. I know Will stamped it
that you received it today. I don't know if you all received that. Mr. Lee has met Justin
after those meetings and Justin Martin from Farwest has agreed to eliminate one
additional lot, so that's what Anna had mentioned earlier, that there was now two being
eliminated at that location. Mr. Lee is now in agreement with the subdivision and he
believes that it meets the intent and he believes that we have transitioned well for him.
Part of the reason for his concern was along Larkwood, all the concessions that were
made for Larkwood was that there would be an average lot size of just over 13,268
square feet and Mr. Lee wanted to have a similar size adjacent to his property and now
the lot being widened it will meet that minimum average size and so he's happy with
that. The Larkwood Homeowners Association. There was five parts to their agreement
that was originally submitted to you at the Planning and Zoning Commission, you
received it in your packet, and I'll just run through those really quick. There was an
agreement for a vinyl fence along their property line. That would be a five foot tall vinyl
with a one foot lattice above that and we have actually agreed now to do the entire
subdivision, other than the stone wall -- I guess the concrete fence -- in that same type
of fence, so there is uniformity to it, so we would see that type of fence around the entire
subdivision, other than the stamped concrete. In addition to that, there was two
properties -- two houses in Larkwood, that's the Smith house and I can't remember the
other name of the house -- of the owner of the house there. Their houses are located
closer than the rest of the houses in Larkwood. We agreed to a 25-foot tall house size
for that for a maximum height. There was a lot reduction, a number of lots were
removed from the original preliminary plat. The ditches that line this middle area, one of
those ditches are on the Saguaro Canyon site and on the Larkwood site Farwest has
agreed to tile those for the owners within Larkwood. In addition to that, pressurized
irrigation stubs would be provided to each of the owners in Larkwood and it was the
previous agreement that came into play for Larkwood. Members from Larkwood were in
attendance at the last meeting that we had. I don't know if there has been any
additional conversation. I have not had any additional conversation with Larkwood after
the last neighborhood meeting that we had, that you requested us to have. There was
some discussion by the Larkwood Homeowners Association. They'd like to see more --
more given to them, but, you know, the previous agreement gave quite a bit to them at
that time and there was no agreement as to what else they wanted, there was just some
disagreement that maybe more could be given, but nothing was requested at those
Meridian City Council
April 20, 2004
Page 20 of 44
neighborhood meetings. In addition to that, Anna pointed out the areas that we took out
lots adjacent to the Bueller property and the Chance property, four more lots were
removed from that to make those lots wider and, additionally, one more lot was
removed on the north side, just to make that a little bit -- little bit wider adjacent to the
perimeter and all the lots on the perimeter, if you take an overall average, it's just over
11 and a half thousand square feet per lot, which is a fairly large size lot, almost a
quarter acre inside average for the overall. So, that kind of details the neighborhood
meetings and when you have a large group of people with different interests and
different needs, it's hard to come up with an agreement with everybody, but having an
agreement with Larkwood, having an agreement in place with the Priddys and Atkins
having met Mr. Lee's demands and his needs, I think we have, actually, given quite a bit
to make this work and it, actually, does help the subdivision, it creates more of a buffer
for those large lots and it creates a little more transition area for that and I appreciated
Council being able to work with us and to give us the opportunity to work with the
neighborhood. It's been a good experience for everybody. Anna addressed the issues
that I needed to address in Brad's memo and we did want to make sure that it said a
stamped concrete fence, rather than a stone fence. The neighbors wanted to see
something similar to Lochsa Falls, if you have seen that large berm that we have there.
And we wanted to mention that in Brad's memo he talked a little bit about density and
the Comprehensive Plan and there is an agreement with the Comprehensive Plan with
this subdivision and the density is in line with what the city would like to see in this area
per the Comprehensive Plan and for staff's interpretation of that. I know there was a lot
of discussion at the previous meeting about the Boyack property and you should have
all received a memo from the Wilsons, that's the people who will own the Boyack
property, I believe it's the stepson or the son-in-law that would have this five-acre
property. Their intent is to build one house on the five acres at this time. They would
plat that on their own in the future, but for right now they'd like to do a well and one
septic system for the house. They have met with Public Works personally and Public
Works has assured them that that would be okay. The Planning and Zoning
Commission was okay with that, too, and I know there was a lot of discussion how it is
an odd thing and I agree it is an odd thing, but it works for this project and it will be
several years before that and in the letter they agree to disconnect from the well and
septic in the future, should it be approved in such a manner and in the future they will
redevelop. Down -- Anna, I know that we sent a PowerPoint presentation over to you.
Could you toggle over to that real quick? Now is the time I get to sell you on the
subdivision. I know that -- I wanted to address all the issues that needed to be
addressed first and, then, I want to show you a few interesting things about the
subdivision that we talked about that we didn't really have a whole lot of pictures to
show you at the time. We have got a few pictures now and a few things that we'd just
like to point out for you. For anybody who was wondering what Saguaro Canyon is, I
have got an actual picture of what Saguaro Canyon is. It's just outside to Tucson.
That's what this first picture is. It's just an actual photo of Saguaro Canyon. I was
curious and so I thought you all might be curious as well. Hopefully, it's going to be this
green and this nice. You can go ahead and go on to the next slide.
Powell: Except Mr. McKinnon, the G is silent.
McKinnon: Saguaro. Thank you, Anna.
Meridian City Council
April 20, 2004
Page 21 of 44
Nary: Is that the landscape plan?
McKinnon: Yeah. We are going to have a large canyon. The amenities -- if you can
put up the amenities. I know we talked about it quite a bit and this is going to be a
subdivision with a large amount of open space, approximately 17 acres of open space.
As you remember from the site plan, we have approximately -- we have over a hundred
feet of frontage -- a hundred feet of depth on the open space on McMillan, instead of the
25 feet or 35 feet of open space or landscaping is required. It's approximately three
times the required depth. Pathways. We are doing part of a regional pathway through
this subdivision and we are really excited about that. We know that Meridian is excited
about getting those pathways built and we are excited to be a part of that. In addition to
the pathway system, we will have detached sidewalks. This is another one of the
Farwest Developments with detached sidewalks and how we'd like to see that end up
as a result. This is a picture of Thousand Springs. There is going to be play areas
within the subdivision. There is going to be at least two playground areas. Abundant
landscaping. We'll get to some other pictures in a moment, but we are going to be
talking about some large landscape islands. Those of you that are really familiar with
Boise, Harrison Boulevard has the large landscape islands up and down their street.
Those landscape islands are only 15 feet wide on Harrison Boulevard. Ours are going
to be 25 feet wide. So, they are going to be rather large in size. And, as you know,
Farwest tries their best to try to get the most mature landscaping they can in order to fill
in the area. Large landscape islands. Large street buffers. There will be an entry
feature. We don't know what the entry feature is going to look like yet, but, as you
know, Lochsa Falls entry feature is a very large entry feature and we expect something
of a dramatic nature for an entry feature. Tree-lined streets with the parkways adjacent
to the sidewalks in between the streets. Again, tree-lined streets and, again, as you
know, we will try to do our best to get the best mature landscaping we can. If you can
go to the next slide, Anna. This is just an idea of the buffers. The pictures below show
a 40 foot wide buffer on the left-hand side. We are going to be doing over a hundred
feet on McMillan and so it gives you an idea of the depth. It's going to be more than
twice what you see at Lochsa Falls right now. A very large buffer with a very large
berm. To guess right now, the berm is between 10 and 12 feet in height. A very large
berm. Something you would see similar to Two Rivers. Saguaro Canyon is buffered
from McMillan. Again, it's very large. This one is 25 feet wide. This is within Lochsa. It
just gives you an idea of depth of how big these subdivision street buffers are. Along
the collector street the buffer will be 45 feet wide, just internal to the subdivision. So, it
will be as wide as the -- as Lochsa Falls Subdivision street buffer is. It's going to be
internal that wide as well, in addition to the landscape islands. If you could go to the
next slide, Anna. Again, just to give you an idea, this is Summerfield Subdivision. This
is a 15-foot wide landscape island. Add another ten feet or five feet to each side is the
size we are looking for within this subdivision along the collector street. You can go on
to the next slide, Anna. Density. The Comprehensive Plan designation called out for a
requested density of three to eight dwelling units per acre and we have paired that down
with the loss of the three additional units, just to be just a smidgen over three. It's 3.0
something. It's just within the density range. If we get much smaller we will be falling
into the low-density area. We have a lot of large lots and this 3.09 has actually
decreased just a little bit more by the reduction of the lot adjacent to Mr. Lee's property.
Meridian City Council
April 20, 2004
Page 22 of 44
Lot size. Saguaro Canyon's average has gone up just a tiny bit more. It's over 9,300
square feet in size. The perimeter, it's gone up just a little bit more as well. In the R-4
zone you can see the minimums on the other side. Adjacent to Larkwood and now
adjacent to Mr. Lee's property. The average house size adjacent to those properties is
over 13,000 square feet in size. So, that's a much larger project. The neighborhood
meeting. We have gone over most of that. The Larkwood agreement was a height
limitation on the four lots. There was fencing. There was a reduction in lots. Tiling
ditches. Pressurized irrigation. Fencing agreement. We agreed to the fencing and to
do the -- we should have put stamped concrete again there. And, finally, the additional
reduction in lots around the perimeter. So, we have lost ten more lots and we have
added some fencing and we got an agreement in place, we have got an agreement in
principle with the Priddys and with the Atkins. We think this is a great project. We have
had opportunity to work with the neighbors and work with Council and the staff and we
have found it to be a very positive thing that has happened. We would ask for your
approval tonight at this time. We know there are a lot of people here to testify and I
would ask if you have any questions at this time and be given a chance for rebuttal in
the future.
De Weerd: Thank you. Council, any questions at this time? Okay. Thank you.
McKinnon: Thank you.
De Weerd: Okay. We do have a number of people signed up to testify on this
application and so I will just go down this list and see if you still would like to provide
testimony. I believe I have an L. Smith. Maybe it's not an L. Does this person wish to
testify? Okay. Jeff Papke. If you will, please, state your name and address.
Papke: My name is Jeff Papke. I live at 4989 North Larkwood Place. It is the second
house in on Larkwood Avenue on the east side of Saguaro Canyon. First, I'd like to
thank the Council for giving us this opportunity to talk. It's been quite an experience
working with the developer. I have had past experience, my father being in the
subdivision business I suppose I was exposed from the inside out, this time working
with the developer has been interesting. I must give Farwest credit, they have, from my
point of view, gone well to meet with us, trying to meet our demands and as you can
see with Larkwood, they have met quite a few. There is still, of course, some concerns
and I try to put my city citizen hat on, even though we are in the county right now. I
certainly want to see the area around us grow and develop into a pleasant and
convenient neighborhood, one that will be accommodating to the types of homes and
neighborhoods that we all desire to be living in. The first of the issues that, again, is
difficult to address and that is of traffic, with the single entry point, with the current first
phase -- couple phases, at least. McMillan traffic is already becoming burdensome,
certainly at peak times of the day, and with the added residential traffic it will certainly
not improve. I realize this is an ACHD issue and I have been here in the Boise area for
about 15 years and, if anything, I have learned with ACHD it is not necessarily very
timely in their solutions. So, that is a concern that we have of being members of this
one single street coming in. I know the plan of Saguaro Canyon is to have a traffic light
there some day with Copper Basin across the street and that's fine, but our street just
up the road a little bit will not necessarily benefit -- I guess you can try to zoom in
Meridian City Council
April 20,2004
Page 23 of 44
between the lights. The second issue is that of the transition. I know they have already
mentioned that and they have made concessions. I will grant that on the regions that
abut the perimeter of the subdivision. That's welcomed and we are very grateful for
that. However, I put my neighborhood hat on again. If I'm walking down these streets
and on one side of the street you see a 13,000 and 19,000 square foot lot and on the
other side of the street you see a 9,000, 10,000 foot lot, I wonder what kind of home mix
am I going to see -- am I going to see the neighborhood look of common homes as I
look down the street, so that is a concern for me. If you were a potential buyer of a lot
in that subdivision, I would want to buy this 19,000 square foot lot and pay the amount
that that requires, knowing that across the street is a 1 O,OOO-foot lot that's going to have
a smaller home. So, as I wrap up, I realize that it's a difficult situation. Growth is
inevitable. We all realize moving out here we wouldn't keep our views forever. It's
lasted 12 years and we will certainly look to have a nice development there that will
meet the needs of the city. Thank you very much.
De Weerd: Thank you. Any questions for Mr. Papke? Thank you. Okay. Barb or
Jack Nosh. Please state your name and address.
Nosh: Barbara Nosh and I live at 5033 Larkwood. I agree much with what Jeff has
said. The only thing I'd like to bring up is that with the transition, they have talked about
all the open space that they have in this new development, but they are not willing to
give us another area that's more in transition for our tract. That's the only thing I can
think of. And, of course, the traffic problem is something that's going to be kind of
hellatious. Thank you.
De Weerd: Okay. Thank you. Did you wish to testify? Okay. Thank you, sir. Becky
McKay.
McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Eagle. I'm
representing G.L. Voigt Development. The 60-acre -- or this parcel right here on the
western perimeter is a total of 100 acres. It was owned by Mr. Ashenbrenner. G.L.
Voigt Development and Meridian School District got together and convinced Mr.
Ashenbrenner to sell his property and the school district has purchased 40 acres here
for a new middle school and, then, Mr. Voigt is going to purchase the 60 acres here.
One concern that he wanted me to express this evening is the fact that there will be this
driveway running out here out to Meridian Road. We have been working with the staff
and working with Keller & Associates, because they are wanting us to solidify our
design in order to ascertain that sewer alignment for that North Slough Trunk to come
through this property into the Saguaro project and, then, head on easterly and your
staff's concern was buffering next to that driveway. I know there has been some
difficulty with some projects recently. One that adjoins Venable Lane that was denied
due to the fact that there was a corridor there separating the interconnection of future
developable parcels, so -- the other concern we have is -- as the staff mentioned, the
fact of backing lots up against that driveway and what would happen to that driveway in
the future when internal access to this five acre parcel and home was acquired. I mean
will that 24 feet or whatever it is be there forever? I guess those are some questions
that we have. I don't want the driveway to become my problem when we bring in a
subdivision plan on this 60 acres. The other problem that was discussed is the half mile
Meridian City Council
April 20, 2004
Page 24 of 44
is located right here. The staff believes it is in the best interest of the City of Meridian
and staff meaning it was Brad Hawkins-Clark and Craig Hood I met with -- that some
type of a collector align with the collector at Paramount and come into this development
to help feed this center section, which would include Saguaro out to Meridian Road. If
you recall, Paramount will have the elementary school and they believe that that half
mile, due to the fact that -- of Paramount's size, mixed use, and the elementary school
being just due west of that, that that will be a very busy intersection and that they see a
lot of traffic coming this direction through us going out to try to get to a signal. If you
look at this stub street here, they have got about 3,000 vehicle trips per day in this
northern portion when they reach build out that are going to be looking for a direction to
go. They have got one single point of access here and in ACHD, in their own WGI
traffic study, talks about if these are just stop intersections, a two way stop, this
intersection will operate at a level of service F, so we are concerned about that.
De Weerd: Mrs. McKay, your time is up, unless Council would like to --
McKay: Do you have any questions?
De Weerd: Thank you. Okay. Is Dean Briggs -- are you part of the applicant? Okay.
You have a minute and a half. Please state your name and address.
Briggs: Madam Mayor, my name is Dean Briggs, Briggs Engineering, 1800 West
Overland Road. I'm here on behalf of the Reid family to read into the record a letter,
rather than them themselves. Dear Friends: We would like to congratulate our new
Mayor and thank her and the City Council and the Meridian Planning and Zoning
Commission for three years of untiring work for the planning of north Meridian and
compliment them for their foresight of the needs of a growing community. We would
like to express our appreciation to Marty Goldsmith and Justin Martin for keeping their
promises and honoring their contract. We are impressed with their ability to pay their
bills, even before due. The beauty and class of their developments that we have seen
are definitely a cut above. Yes, we knew when the well-arranged plan was presented to
us, that there were many lots. However, it fulfills a need for the community. With the
junior high school and elementary school so very close, it is not just the wealthy people
that can have a home, but also those with little young families whose youngsters can
walk to the school near their home and we feel there is always a safety factor here
which we appreciate. We and ours neighbors have always enjoyed the large acreages
surrounding us, but we accepted these significantly smaller two and a half acre lots
down the entire east side of our 80 acres for the last many years. Now, we hope these
neighbors will welcome the new families that will want to live in this beautiful area also.
Sincerely yours, Robert C. Reid and Marlene D. Reid.
De Weerd: Thank you.
Briggs: Thank you.
De Weerd: Any questions? Okay. Thank you, Mr. Briggs. Okay. Mr. Youngberg.
Were you part of the swearing in process?
Meridian City Council
April 20,2004
Page 25 of 44
Youngberg: I was.
De Weerd: Thank you. Please state your name and address.
Youngberg: My name is Mike Youngberg. I live at 5075 North Larkwood Place. I was
here last time.
De Weerd: Thank you.
Youngberg: I live the fourth house in and I'm just going to basically reiterate some of
the concerns. We know that there is going to be a subdivision there. We do accept that
and we are -- in a lot ways we are not anxious to see the view go, but we are anxious to
see the development finished, so that we know what we have got. The transition,
however, and the density and the traffic still remain a concern. As we address that with
Farwest, the only concern that I had was that we felt like we are -- it was take what
you're getting -- even the agreement in your file it says as long as you don't request
anything else, then, this is what we will do. And that caused us concern. We felt like
we either had to accept that or we may get stuck with a subdivision that was more
dense. Most of us had never done this before. The first time for many of us, including
myself. Transition causes me the same concern as Mr. Papke suggested. The density
of the homes along our property, we would like to see those -- those lots approximate in
size to what Vienna Woods worked out with our sister subdivision Dunwoody, which is
just a quarter of a mile away, where those lots were closer to a half acre in size and,
then, if you go right across the street from those, those homes, then, transition down to
about a third of an acre to a quarter of an acre and, then, they gradually get smaller and
they move away. The way this subdivision is laid out along -- along our side, it would be
difficult to do that. And you can see how the lots are larger right against Larkwood and,
then, right across the street you're down to the smaller lots. So, it's created simply a
buffer of one row of homes and the consistency of that transition causes us concern.
Traffic I don't have an answer to. I look at all of the square miles being developed as I
look out to the west behind my home and I see Paramount and Lochsa Falls and
Saguaro Canyon and all of those have to be feeding down someplace and they are
going to be coming down our road, on McMillan, and that worries me as to how we are
going to get in and out of our subdivision. So, I'm just concerned about timing more
than anything else. Timing and transition, as to what is the best time to move forward
with this subdivision. The only thing I would suggest is some of the buffer along the
frontage of McMillan, perhaps, is so large, if there were any way to incorporate some of
that into larger lots to better adjust for that transition would be nice. Any questions?
De Weerd: Thank you, Mr. Youngberg. Any questions? Thank you. Okay. Those are
the people that were signed up. Is there anyone who would like to offer testimony that
was not on the sign-up sheet? Please step forward.
Lee: Got here late and you had already taken the sign-up sheet. My name is Grant
Lee.
De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing
but the truth, so help you God?
Meridian City Council
April 20, 2004
Page 26 of 44
Lee: Yes. Or my wife will get angry with me.
De Weerd: Well, we'd hate that to happen. Please state your name and address.
Lee: My name is Grant Lee. I live at 5603 North Locust Grove Road. I was here in the
past to voice my objections, so I'm here tonight to reiterate, according to my letter that I
sent, that my problems and concerns have been alleviated in meeting one on one with
Justin with Farwest and I want to personally thank you members of the city Council for
providing the forum in which we could meet and discuss our concerns and have a
chance to work those out. Vienna Woods is across the street from me and I was
concerned with having a lot of traffic in and out, but I can honestly say that I have not
experienced any traffic problems living right across the street from Vienna Woods, for
me or my family getting in or out anytime we wanted to. I don't even remember seeing
another car pulling out of Vienna Woods at the time that I was pulling out. Once again, I
just want to thank the Council and thank Farwest for working with me. I don't want
something for nothing, but I feel like I have been treated equally with my neighbors and
that's alii requested. Thank you.
De Weerd: Thank you. Okay. Anymore testimony? Okay. Would the applicant like to
come and provide rebuttal or response? That's a better way to put it.
McKinnon: Thank you, Madam Mayor, Members of the Council. Again, Dave
McKinnon representing Farwest tonight. I appreciate the comments that we have heard
tonight. I really appreciate Mr. Lee, his last bit of testimony there, it was very nice. I'll
just address the comments that were made by Mr. Papke and Barb and Mr. Mike
Youngberg, just all three of those. I think they addressed many of the same issues.
They talked a little bit about traffic and they talked quite a bit about the interior transition
and how things would happen within this subdivision and before I address traffic and I
know Gary Inselman is here tonight and he could probably address it better than me,
but I won't call on him. On the transition, typically what you deal with on these types of
lots that are on the corners and 90 degrees, you end up with a pie-shaped lot. Those
lots tend to be larger in size than the normal lots. Those lots are very large in size and
the reason why we have added so many 90s along this area is so that the rear lots
would be only approximately two lots for every single one within Larkwood Homeowners
Association and across the street you go down to the 10,000 square foot lots. Those
are not small lots, those are still, you know, a couple thousand feet larger than the
minimum lot size and as you go back in it's not until you cross the collector street that
you get to the smaller lots. These are all over, you know, nine and a half, 9,200 square
feet up 11,000 square feet in size. These are large lots on the interior here. There are
smaller lots adjacent to the school site and Mr. Ashenbrenner's site and we have put
those across the collector street to provide that transition, so it's very large, large,
medium and, then, smaller as you go across that direction. So, there is a transition as
you go from east to west within the subdivision. Traffic concerns. We have had traffic
concerns for a number years, from the time I was working here until now traffic has
always been a concern and there has been a recent concern with north Meridian area
plan, what's happened to it, how it's going to happen again. Unfortunately, the impact
fees that are paid for these types of projects are spent in different areas right now and
Meridian City Council
April 20, 2004
Page 27 of 44
you can't have the change in the road system without the impact fees. Without the
development there is no impact fees and you won't be able to pay for the growth and
pay for the improvements in the roads in the future. So, this growth is paying for the
fixing and the building of roads in other areas and in the future these roads will be fixed
and that's just the way things work with ACHD right now. The other thing to consider
with this site is that we have the McMillan -- not McMillan, but there is large ditch that
runs along McMillan, so we don't have the ability to do a secondary access out on this
site. There was some discussion about Lochsa Falls and Paramount being further
down. Both Lochsa Falls and Paramount have additional accesses to Chinden
Boulevard and out to the different north-south streets and so it's not all traffic directly
impacting on McMillan Road. Becky brought up a few good issues and I'd just like to
address those really quick. I have had a chance to talk with Brad Hawkins-Clark as well
about that collector road and collectors are one -- the city would like to see collectors at
the half mile, but they don't have to align directly with the half mile and you can see that
with Lochsa Falls development. Those of you that were on Council may remember the
Mosses that came and testified at many meetings and they didn't want to see a road
running right up their house and so that offset and I see that we have a similar situation
with the Priddy property right there. They don't want to see the traffic running right up
the side of their very expensive homes and their property. We understand the buffering
issue. The street could come in at the half-mile location and, then, jog to the south, in
such a manner to provide a buffer to that 24-foot wide street. In addition to that, we are
supportive as well of getting rid of that 24-foot road once this all develops and so what
happens to that 24-foot wide road is something that the -- the owner of that property is
the Boyack family. They would be able to work with the Ashenbrenner -- or the piece --
the owner of the Ashenbrenner property to decide what to do with that in the future. But
that's a piece of property that we don't own at this time and they can work with them on
that and we feel that that's the appropriate way to handle that, especially if there is a
limitation that only one house can use that and once it redevelops they have to find
another access point, so they won't be able to use that in future. Again, we think this is
a great project. We have had, you know, an opportunity to meet with you several times,
we have made some great changes to the site. I'd ask for your approval and ask if you
have any questions at this time.
De Weerd: Council, any questions?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Yeah. Mr. McKinnon, the five acre lot -- I seem to recall on the previous
discussion we had some talk about the hook up to the sewer and all that. Could you
remind me of kind of where we were with that? I mean that hasn't changed, at least from
the reports that's --
McKinnon: No, it hasn't changed. You should have received a letter from the person
that is going to own the property and that's -- I have got to flip the page here. The name
escapes me. The Wilsons. And they have agreed to hook up to city water and sewer
Meridian City Council
April 20, 2004
Page 28 of 44
once it becomes available to that site. They would still like to move forward with a well
and septic and that's with the approval from the city Public Works department.
Nary: Thank you.
McKinnon: Thank you.
De Weerd: Mr. McKinnon, I guess I was interested to find out more about the second
access. I know both of our police and fire department have asked what additional
access you would have in and how you're going to phase it before that second access is
available.
McKinnon: Okay. Madam Mayor, as you might remember from the original meeting
there was, essentially, a Mason-Dixon line drawn, you know, parallel to the Boyack
property here that nothing else would be able to be constructed beyond this point until a
secondary access was provided to the site. Mr. Lee's property, I believe, that there will
be an access provided at this location in the future with the Ashenbrenner property
being developed as Becky talked about tonight. They are in design for that right now. A
secondary access would be provided through here. As Becky mentioned, sewer will be
coming through at this -- through this site sometime in the near future, running through
Larkwood. That access would provide a roadway as well. That's typically where the
road is is where the sewer is and so there will be a roadway connection probably with
Ashenbrenner's property. There are a number of stub streets located on the north and
to the east of this site. The ten-acre parcel north of Mr. Lee's property has sold and
they are working on a development plan for that at this time. So, you're starting to see
secondary accesses would be provided prior to us getting to this point. One thing to
remember is that subdivisions are not built in a day. There are a number of phases and
they go forward and as this moves forward, those accesses, hopefully, are going to --
they will be created as the rest of this property around it develops. ACHD staff report
takes into consideration that they believe that these accesses will be there before we
get to this point.
De Weerd: Okay. Thank you.
McKinnon: Thank you. Okay. Any further questions for the applicant or staff?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I still have concerns about that 24-foot access road, phase ten. You kind of
waffled on the solution and I want a solution with this project. I don't want another
Venable Lane or another Wingate Lane issue for the city to deal with. I don't know what
that solution is, but it needs to be written in the development agreement that that will go
away.
McKinnon: Okay.
Meridian City Council
April 20, 2004
Page 29 of 44
Rountree: I would open that part for some discussion, but I think that's something we
ought to take care of now.
Powell: Madam Mayor, Members of the Council.
De Weerd: Yes, Anna.
Powell: I did want to point out there is just -- part of the difficulty with the Venable and
Wingate was the multiple ownerships, so the one benefit we have here is that there is
just a single ownership. Or the multiple rights to an easement, I suppose, rather than
an ownership, but here we have a fee simple ownership in -- tied to a single owner, so --
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Yeah. I guess I would agree also with Councilman Rountree that, you know,
that's not an objection to the applicant, I think we need to have that cleared up front, that
that access point will be gone or eliminated at whatever point that we have discussed,
when it's developed, when the secondary access is available, whatever that is, so that
doesn't become a continuing problem.
McKinnon: Madam Mayor, Members of the Council and Councilman Nary, I think they
are talking with the owners of that property right now and if I could just have a chance to
confer with them really quick. Like I said, we are agreeable to allow that to only be used
for the single house and, then, as that property redevelops there will be a new
preliminary plat that would be brought to you. At that time you have a chance to deal
with that preliminary plat as well. But let me go confer with the client really quick and be
right back. Just one moment.
De Weerd: Council, do you want to take a five-minute break?
Rountree: Sure.
McKinnon: That would be great if we had a five-minute break.
De Weerd: Thank you.
(Recess.)
De Weerd: Okay. I'll go ahead and call the City Council meeting back to order again.
And, Mr. McKinnon, you have changed.
McColl: I have.
De Weerd: And I don't believe you were sworn in. Is the testimony you provide tonight
the truth, the whole truth, and nothing but the truth, so help you God?
Meridian City Council
April 20, 2004
Page 30 of 44
McColl: It is.
De Weerd: Thank you. Please state your name and address.
McColl: Madam Mayor, my name is Brian McColl and my address is 420 West
Washington Street. I just wanted to finish up with what the developer is prepared to do
to handle this particular problem and it is as follows, keeping in mind that the Boyack
property is part of the total parcel that is subject to the petition for annexation,
preliminary plat, and rezoning. They will -- they will be signators on the development
agreement. In the development agreement there will be a provision that the lane will be
limited to use for one single family residence on that five acres, until such time as the --
either that residence obtains other access, other public access, and/or the five acres is
-- comes up for redevelopment application. At that time they will, number one,
relinquish any rights to use that lane for access and, number two, offer it for sale to
either the property owner on the north or the property owner on the south at appraised
fair market value. So, that way I think the Council can have contractually a solution
whereby this lane will disappear after the Boyacks and/or their successors no longer
use that -- redevelop that five-acre parcel.
De Weerd: Any questions? Okay. Thank you.
Powell: Madam Mayor, Members of the Council?
De Weerd: Yes, Anna.
Powell: I did want to show the Comprehensive Plan, the reference made to the
collectors and kind of scooting those collectors a little bit. As you can see, it is a very
diagrammatic future collection of streets. I mean it is -- and I do think the intent was to
let them move a little, but, in general, to have them on the half-mile section to
accommodate the traffic as it collects towards the center of the section. Whatever
decision the Council makes tonight regarding that 24 foot access way out to Meridian
Road, it would be nice to leave opportunity for it to, eventually, be a road, if that's the
way that Council wants to go or if the public opposition -- I guess I'm just saying it would
be nice to leave the issue maybe not completely resolved now -- not prohibiting a road
there, but at least not that -- the Priddys are not here today to -- oh, we do have a
Priddy here. Sorry. We have a representative for the Priddys here today and I'm not
sure how strongly they feel about a road being at that half mile at the time that they
want to develop. I'm thinking they may be more amenable to it at that time. So, I just
wanted to raise that or clarify that one issue.
De Weerd: Thank you. Did the Priddys' representative want to say anything? You
can't saying anything -- were you sworn in?
Greiner: No, you better swear me in.
De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing
but the truth, so help you God?
Meridian City Council
April 20, 2004
Page 31 of 44
Greiner: Yes, it is.
De Weerd: Thank you. Please state your name and address.
Greiner: Robert Greiner, 2440 North Lanewood. I think we are -- when I talked to John
and Ed Priddy today, their consensus was this is probably the most important thing they
want to talk about and we -- I mean I came forward today and told Dave I would not
mention anything or have any opposition to the development, as long as the things that
he mentioned earlier were met and so we do have a concern with the road. We really
would not like it to be there. We would like the lane to be exactly as this gentleman
stated, that it would be used until phase ten or that five-acre parcel either became a
developed parcel or they had other accesses to use and so I guess we are voicing
opposition. We would not like that to be a main road.
De Weerd: But you are in agreement with what Mr. McColl said?
Greiner: Yes.
De Weerd: Okay.
Greiner: We would certainly agree with that.
De Weerd: Thank you. Okay. Council, any further questions for staff or the applicant?
Okay. What's your pleasure?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no more comments, I'd move that we close the public hearings on AZ 03-
027, PP 03-032 and CUP 03-058.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to close the public hearings. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Discussion?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: The only discussion I have is to compliment Farwest and Mr. Martin and all of the
development that went into this and the opportunity the neighbors have had to have
some input, so that -- it sounds like -- I don't know that it's perfect for everybody, I think
Meridian City Council
April 20, 2004
Page 32 of 44
everybody has had an opportunity to have that discussion and get their feelings heard
and an opportunity for them to be addressed by the development in this and I think this
is -- there are issues here that we have some issues and concerns with, but I think they
have overcome the majority of them and I think it's going to be a very positive addition
to our community.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would agree with Councilman Nary and the thing I like about it is the way they
went back and made the larger lots and everything to kind of tie in with the surrounding
area and I appreciate that. We have -- it seems like we have been getting lately a
whole bunch of the R-8s and it's nice to have something that is a little larger out there
and I certainly appreciate it and they did try to accommodate all the neighbors, which I
applaud Farwest for doing that and trying to make it and I'm like Mr. Nary, 11m sure it's
not a hundred percent full proof, but I believe it's a positive step out there and I can
certainly support it.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I'll take the other side of the coin and thank the neighbors that participated
and are here tonight. Your testimony was professional. It was heart felt. I know you
probably feel as if you didn't win all the points you wanted to win, but your time is
important and we appreciate the way you presented yourself and thank you.
De Weerd: Thank you, Mr. Rountree. I think we all can ditto what he said. Any further
comments? Okay. Do I have a motion?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item 11, AZ 03-027, annexation and zoning for
Saguaro Canyon Estates Subdivision and to include all applicant, public, and staff
comments.
Bird: Second.
De Weerd: Okay. Mr. Wardle, does that also include what Mr. McColl testified to?
Wardle: Yes, Madam Mayor.
De Weerd: Thank you. I just wanted to make sure. Okay. It's been moved and
seconded to approve Item No. 11, AZ 03-027. Any further discussion? Mr. Clerk, will
you call roll.
Meridian City Council
April 20, 2004
Page 33 of 44
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Item 12 is the Public Hearing for PP 03-032. Mr. Wardle.
Wardle: Madam Mayor, I move that we approve Item No.12, PP 03-032, preliminary
plat for Saguaro Canyon Estates Subdivision and to include all public, applicant, and
staff comments, including the issue of the 24 foot easement.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve Item No. 12. Is there any
further discussion, other than to talk to the applicant about naming future subdivisions?
Nichols: Madam Mayor?
De Weerd: Yes, Mr. Nichols.
Nichols: Madam Mayor, for the record, if Mrs. Powell could give me the date for this
revised preliminary plat.
Powell: 4/6/04.
De Weerd: Thank you. 4/6/04 for the record. Mr. Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Item 13. Mr. Wardle.
Wardle: Madam Mayor, I move that we approve Item No.13, CUP 03-058, Conditional
Use Permit and planned development for Saguaro Canyon Estates Subdivision and to
include all applicant, staff, and public comments.
Bird: Second.
De Weerd: Thank you. Third time is a charm.
Wardle: Got it right.
De Weerd: It's been moved and seconded to approve Item 13. Is there any further
discussion?
Powell: Madam Mayor?
Meridian City Council
April 20, 2004
Page 34 of 44
De Weerd: Yes.
Powell: Members of the Council, I realize I forgot to point out that Brad did add a
condition for a Conditional Use Permit in his memo regarding the frontage. That 24-foot
flag lot would provide sufficient frontage, so I just wanted to make sure you were aware
of that. Thank you.
De Weerd: Okay. And the motion and second. Okay.
Wardle: Yes.
De Weerd: Okay. Mr. Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 14:
Public Hearing: Request to provide roll off services to the City of
Meridian:
De Weerd: Thank you. And thank you all for joining us. Okay. Item 14 is a Public
Hearing on request to provide roll-off services to the City of Meridian and I'm not too
sure who is going to present this. Mr. Sedlacek.
Sedlacek: Thank you, Madam Mayor, Members of the Council. Do I need to say my
name?
De Weerd: Yes. Please.
Sedlacek: My name is Steve Sedlacek and my address is 2130 West Franklin in
Meridian.
De Weerd: Thank you.
Sedlacek: Sanitary Services is always in the business of evaluating its services to the
city and we have written you a letter -- a memorandum dated March 13th that you
should have in your packet. We would like to add additional services to our roll-off --
our current roll-off services. What we find for the customers that have temporary
projects around their home or construction contractors that need specific size containers
right now, we basically offer a three yard container, which is the size that you see
behind City Hall here and after -- if that's too small, the next size up is a 20 or a 30 cubic
yard container, which is enormous. Typically, you would see those at a large
construction project. So, for the people in between that might have a two or three week
construction job at their home, they have to comply with what we give them and we
would prefer to provide a wider range of services and meet their needs and let them
choose what they want. Another issue is the three-yard containers are very inexpensive
and, then, the next step up is a 20 or a 30, which is very expensive. It could be 200
dollars every time you dump it, versus a three yarder, which is about 20 dollars every
Meridian City Council
April 20, 2004
Page 35 of 44
time you dump it. So, what we would like to do, as stated in the memorandum, is offer
six and eight and ten yard containers, so it goes three, six, eight, ten, 20, 30,40. This
will allow us -- this will give us the widest range of roll-off services of any contractor in
the valley of any city in the valley and it fills in that cost gap, too, so that people have
sort of an intermediate range of cost that they can get when -- which is more suited to
their need. And so in our memorandum we do show the photographs of the containers
and how they are loaded. We will be hauling them with a trailer with a roll-off hoist. We
call it a mini roll off system. And it's a nice little addition to our services that we provide
and we are hoping to get your support for these additional services.
De Weerd: Thank you, Steve. Is there any questions? Okay. Thank you for your
thorough overview.
Sedlacek: You are most welcome.
De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to testify?
No. Okay. Council, would you like to close the Public Hearing?
Bird: So moved.
Rountree: Second.
De Weerd: It's been moved and seconded to close the Public Hearing on Item 14. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Before we pass on this, I just want to say that SSC has always come to the front
in helping patrons of Meridian with their trash and I certainly appreciate it in not only as
being a patron, but also on the Council up here, that it's -- your foresight is so good and
you guys have done such a great job and we certainly appreciate it.
Rountree: I would second that.
De Weerd: Yes. Thank you. Just a point of information. You all received a copy of a
letter from Idaho Waste Management.
Bird: Yes.
De Weerd: I did talk to SSC and suggest that the SWAK take a look -- or offer to meet
with the agency and, then, can report back to Council on if this is something that we
should take up at a Council meeting.
Rountree: Gee, thank you.
Meridian City Council
April 20,2004
Page 36 of 44
De Weerd: You're welcome, Charlie.
Powell: Madam Mayor, Members of the Council, I'd also like to say, you know, since we
have started the comments meeting, sse has been there every single meeting, fully
participating in the comment sessions and really trying to address site planning issues
in advance of coming to the Planning and Zoning Commission and I have really
appreciated their input and their insight on those issues.
De Weerd: Thank you, Anna. The Public Hearing is closed. And that's why we waited
until now to make any comments about you.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Do we need to make motion for the approval or --
De Weerd: Mr. Nichols?
Nichols: Madam Mayor, Members of the Council, in the past you have directed me to
prepare a resolution that sets out these new fees.
Nary: Then, I would make a motion to request -- I guess if we even need a motion. I
would request that we have a resolution to approve the fees as requested and -- for
these additional services by SSC.
Bird: Second.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to direct our attorney to draw up the
resolution. Any further discussion? All those in favor say aye. All ayes. Motion
carried.
MOTION CARRIED: ALL AYES.
Item 15:
Report from Brad Watson on sewer feasibility north of Area of
Impact:
De Weerd: Okay. Item 15 is a report from Brad Watson on our sewer feasibility north
of our area of impact.
Watson: Thank you, Madam Mayor. I'm a little more technically prepared this week,
with some capable assistance of my staff. What we have got on the screen here is an
aerial photo of the area north of Chinden. This -- the bottom of the photo includes
Chinden. It goes a mile north passed the bench area. I'll preface all this by saying we
have done as much of an analysis as we can on sewering four or five square miles in a
Meridian City Council
April 20, 2004
Page 37 of 44
week as possible. We have looked at three options. I'll back up just a little bit and pan
over. We had to break this into two separate analyses. If you look east of Linder Road,
there is some ongoing development through here and some golf course and -- actually,
east of Ten Mile Road as well -- that we think we would have quite a bit of difficulty
getting a trunk sewer to go all the way westward down this area. So, what our staff
engineer has done is broken into two separate analyses. The first one is the mostly
undeveloped area from McDermott to Ten Mile Road and he's put together several
options. Two of these options try to utilize the trunk system that we haVe planned, the
McDermott Trunk and the Black Cat Trunk. What happened is in order to sewer this by
gravity, either by having a collector down on Chinden or by putting one through the
middle of these properties and, then, down, is that we drive the sewer anywhere from
eight to 13 feet deeper. Some of the sewer in Chinden Road would be 30 feet deep. It
drives the Black Cat lift station and the McDermott lift station again 12, 13 feet deep.
We are there already. In the 25-foot range. Not that it's impossible, but we are getting
into some fairly complex construction out there if we went this way. The third option he
looked at -- and I only have one of these up here, because each drawing takes about
four minutes to load, because of all the photos. The third option he looked at was
putting in sort of a sub-regional lift station down here somewhere down towards
McDermott and pumping into one of these future trunk lines that we have master
planned. Rough estimates on these three options are anywhere from about 1.8 million
to I think 2.5 million to sewer just these -- well, it turns about to be about one square
mile through here. Going eastward past Ten Mile Road, there has been quite a bit of
very -- what's the opposite of dense - non-dense development out there. I inserted the
plat -- preliminary plat of Paramount Subdivision just for reference. We do have at least
one developer who is looking at this property west of Meridian Road quite seriously.
Gary and I met with him several weeks ago. From what I can gather he had a project
that was of a density of about one unit per acre and all along they were planning on
using a package wastewater treatment system. Eagle sewer district wouldn't sewer
them. From what I have been able to gather, DEQ has put a stop to these package
wastewater systems of this particular type, so this particular developer is stuck without
any kind of sewer availability. There is really not a good solution for sewering this area
where much of this development has occurred. The one thing that we just haven't had
time to get to is to look at a series of -- they are not even sub regional, they are just a
series of lift stations that could pump back south into what will be a trunk line in
Paramount or trunk lines in Linder Road. I did speak with this developer late this
afternoon and he's pretty serious about trying to work something out with the city. We
have talked to him about all the political ramifications. There is Eagle Sewer District
and I think Eagle city. There is Ada County. There is United Water. There is a lot of
different agencies that would be involved in something like this, but he's interested in
doing something in a pumping situation that would come back down into Paramount or
into a trunk that is master planned up Linder Road and, then, just south of Chinden.
This phase of Paramount that would bring the trunk up this close is phase seven. They
are on their third phase right now. So, maybe it's not that far away. The one problem
we have is that if we -- we just looked at all of the undeveloped area and assumed I
think one ERU -- 1.25 ERU per acre. That's much more dense that what has
developed, but from what I'm told that it could be that high. I don't know Eagle's zoning
code very well, so that was -- or Ada County. I don't know. I barely know ours, but I
don't know the other agencies. That's Anna's territory. Anyway, just based on what we
Meridian City Council
April 20, 2004
Page 38 of 44
guessed, it looks like the sewage that would be pumped out of this area from roughly
one half mile east of Linder and the remaining area north of Chinden, but above the
bench, could have some capacity impacts on these lines. A lot of these lines are
already built. So, all I can tell you right now is I couldn't say that we can sewer this
easily by lift station. I think it needs a lot better and more thorough analysis and to do
that, given the other priorities we have, I would guess probably a month, month and a,
half to properly get this into our model and give it a good shake. I think that's alii had.
Do you have any questions?
De Weerd: Well, I guess, Brad, you know, the area to the east of Linder Road, in my
opinion, is in Eagle's area of impact and we shouldn't worry about it. I guess it was
more in the area to the west of Linder and because of the sewer or the service issues to
the east of Linder, you know, I wanted to see if we would be able to service that area
west, because it just would appear that we would be the most logical entity to provide
services to those areas, if it should ever be requested, and wanted to know the
feasibility of that.
Watson: Madam Mayor, it's probably not a saying that's restricted to the engineering
community, but with enough time and money we can build anything you want.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I have a quick question for Brad, just to follow that up. I think one of the things
that we were looking at is would we be the most logical entity to sewer this area, given
the obvious topographical challenges that lie in that portion? Does that make sense,
Brad?
Watson: Councilmember Wardle, I think it makes sense. I think if we were to give this
just study, we would probably need to actually meet with Eagle Sewer District and
maybe even Star and see what is most logical and to do that I think we are going to
need to involve their engineer, which happens to be JUB, Eagle's sewer district, and
Star I think is Keller & Associates. We know them well. So, it probably wouldn't be that
hard to do, but it's going to take some time to get everybody on the same page and
really look at this. I don't think this is easily sewerable for anybody, but maybe we are
the most easy.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I believe that Eagle is already out to the east side of Meridian Road and I think it's
Boise, not Eagle's sewer district themselves. I think they have subcontracted to Boise
and follows the river down to Banbury or downhill I mean. I really -- I mean you're not
just talking about sewer, you're talking about a political impact area, which we don't
have. We are evidently looking into sewering an impact area that belongs to Eagle and
to Star, as far as I know, and I don't -- I think our developers should demand that we get
Meridian City Council
April 20, 2004
Page 39 of 44
sewered out within our impact area before we worry about going outside of our impact
area and we are a long ways from that. That's my comment.
Powell: Madam Mayor?
De Weerd: Yes, Anna.
Powell: Commissioner Bird, I believe that, actually, the area between Linder and Black
Cat -- no. Linder and McDermott is currently not in anyone's area of city impact and
that's the question that Eagle and Star are squabbling over the area right now and I
believe that's why we are looking into --
Bird: It is Spur Wing Subdivision, which is the big involved out there, which could care
less about going into any sewering system or any city and to sewer it -- I don't believe it
will flow our way, according to what JUB -- I will have to pull the master thing that they
give us about six years ago, but I don't think it -- I think at Chinden Boulevard it changed
and started down to the north, if I remember right. I don't know. I just think we need to
worry about our own impact area, so we don't lose a whole bunch of it like we did about
ten, eleven years ago, because we didn't have our services out there.
De Weerd: Mr. Bird, I -- this was really brought up, because of the request of the
developer in Eagle's area of impact that could not be sewered and because of the
request for the area of impact and they wanted our support, we wanted to know who
could best service that area. A second reason is we will be meeting with the rural fire
district next week as this is in both the rural and our fire district to service for fire
protection and this discussion -- I think in supporting the rural and our fire department
and their concern that this area would be taken out of their fire district, we needed to
also look at can we service it in other ways if this area of impact were asked by Ada
County to be put in a city area of impact. As far as we are concerned, we would like to
see it kept in the county. If it needs to be put into a city area of impact, who could best
service that. It is an area that the rural fire district does count on in their budgetary type
of situations and it is part of the commitment they made when we obtained that Linder
lot to service that area as well and so that is what has initiated this conversation, in
particular Star has an area of impact public hearing next week and they had originally
come to us for our support and, thusly, it created -- it started this discussion. And that's
why we asked our staff to take a look at it. Is it something that we could sewer and who
would most logically be able to service this area if it is brought into anyone's area of
impact.
Bird: Madam Mayor, I know why it was done and there is nothing that says that they --
the rural district might lose that. That will have to be brought in court, because I don't
believe that Eagle has a fire department. They have a fire district, but not a fire
department. When they annex is there a guarantee that Eagle fire goes in it.
De Weerd: Traditionally it has --
Bird: Traditionally, but legally. And the fire district -- Mr. Fitzgerald is looking into that.
Star is under the same. Boise and ourselves are the only ones that have our -- have a
Meridian City Council
April 20, 2004
Page 40 of 44
fire department, along with Boise has Whitney as a rural, but we have our own rural. I
agree with that, but I also think that we need to worry about our impact area right now
and get it taken care, so we can control the growth as we deem feasible.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: There is one thing that you said in your comments that's key to this and it's
the county's job to untangle this thing that we have got here. We have multiple
jurisdictions with various degrees of responsibility in this piece of dirt. Whether it's our
fire district or whomever can sewer it, it seems to me if anybody makes application for a
change in impact, they -- the county either makes them the burden of proof that they
can provide those services reasonable or the county fund a study that looks at where
best to this put this land, leave it in county, leave it in Star, leave it in Eagle or Meridian.
I would object for the City of Meridian to carry all the water on this. If we did it in
cooperation with all the involved cities in the county, possibly, but it seems to me that
the county should step up and say we have let these kinds of -- our predecessors have
let these kinds of things happen and we are going to step up and try to resolve them. I
haven't heard them say that. They just keep getting applications for somebody who
wants to lay claim to it.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Yeah. I think I would concur with Councilman Rountree on that. I mean at least
to me -- I mean we are going to have a discussion with the rural next week, but it
sounds to me like the city's position is going to be we need a much better look at this
area in regard to all of those players and affected parties, the different cities, to different
fire districts and the like and that we really -- we don't have enough information at the
moment to say where this area should be, but we have enough to know that it's not an
easy answer and it can't just be in Meridian and Star or in Eagle. without really -- or left
in the county without a lot more study and evaluation and at least right now that seems
to be where, I guess for myself, I would be leaning towards a comment to the county, if
we are going to make one, would be you need to look at this a lot more closely as to the
real feasibility of doing this before we do anything.
De Weerd: Very good. Any further comments? Soap boxes?
Rountree: Shoes and tables.
De Weerd: Exactly.
Nary: Now that the TV camera is gone.
De Weerd: Well, Craig's still here. He's here at a hearing.
Meridian City Council
April 20, 2004
Page 41 of 44
Bird: He's going to want the ordinance in its full-
Item 16:
Tabled from April 13, 2004: Resolution No.
Approval to proceed with work for tree replacement at 1409 North
Main Street by cashing the $500.00 deposit:
De Weerd: Okay. Item 16 is tabled from April 13th. Resolution No. 04-031, approval to
proceed with the work for tree replacement on Main Street by cashing out a 500 dollar
deposit. Is there any discussion on this item? Okay. I would entertain a motion.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Resolution No. 04-430--
De Weerd: Three one.
Rountree: Three one. Excuse me.
Bird: Three one?
De Weerd: Yeah. The resolution three oh was on the Consent Agenda.
Bird: I'm sorry, Will. I second that.
De Weerd: Okay. It's been moved and seconded to approve Resolution 04-431. Any
further discussion? Mr. Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 17:
Ordinance No.
Amended Ordinance:
Pretreatment I Sewer User
De Weerd: Okay. Item No. 17 is Ordinance 04-1075. Mr. Clerk, will you, please, read
this by title only?
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1075, an
ordinance amending the following sections. Section 9-2-2 D local limits to provide for a
revision to maximum daily concentration M, G per L, and to add a new paragraph on
stringent limits or rules, Section 9-4-2 definitions and specifically the definition of
sewage or waste matter to remove language from the definition and to add a new
paragraph on stringent limits or rules, Section 9-4-4, city authority to remove and add
language to this section and add a new paragraph on stringent limits or rules and
Section 9-4-2, 4, Sewer users charges and connections fees to remove and add a
claimed week to section for the City of Meridian Idaho of Chapters 2 and 4 of Title 9 of
Meridian City Council
April 20, 2004
Page 42 of 44
the Meridian city code, providing for appeals, conflicts, validity, savings clause and
providing an effective date.
De Weerd: You have heard that glorious and entertaining title to this ordinance. Is
there anyone who would like it read in its entirety? Thank you. We are forever in your
debt. Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance 04-1075, with suspension of rules.
Rountree: Second.
De Weerd: It's been moved and seconded to approve Item 17. Is there any further
discussion? Mr. Clerk, will call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 18:
Water, Sewer and Trash Delinquencies:
De Weerd: Thank you. Okay. Item 18 is delinquency for turn off. This is to inform you
in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30
p.m., Tuesday, April 20th, 2004, before the Mayor and City Council to appear in person
to be judged on the facts and to defend the claim made by this city that your water,
sewer, or trash bill is delinquent. You may retain counsel. Your service will be
discontinued on April 21 st, 2004, unless payment is received in full. Is there anyone
present who wishes to contest his or her water, sewer, and trash delinquency? Okay.
They are hereby informed that they may appeal or have the decision of the city
reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even
though they appeal, their water will be shut off. The amount of the turn-off list is
$14,914.81. Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the delinquency for turn off schedule for April 21st, in
the amount of $14,914.85.
Nary: Second.
De Weerd: Okay. It's moved and seconded to approve the delinquency turn off list.
Any further discussion? Mr. Clerk, will you call roll.
Meridian City Council
ApriJ20,2004
Page 43 of 44
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 19:
Executive Session per Idaho State Code 67-2345(1)(c):
De Weerd: Okay. Our last item on the agenda is an executive session.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I move we go into executive session, pursuant to Idaho Code 67-2345 (1) (c).
Bird: Second.
De Weerd: Okay. It's been moved and seconded to adjourn into Executive Session.
Mr. Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
De Weerd: All ayes.
EXECUTIVE SESSION
De Weerd: Would entertain a motion to come out of Executive Session.
Bird: So moved.
Nary: Second.
De Weerd: It's been moved and seconded to come out of Executive Session. All those
in favor say aye.
ALL AYES. MOTION CARRIED.
De Weerd: No decisions were made while in Executive Session. Well, that's the end of
our agenda, I would entertain a motion for adjournment.
Rountree: So moved.
Nary: Second.
De Weerd: All those in favor say aye.
ALL AYES. MOTION CARRIED.
Meridian City Council
April 20,2004
Page 44 of 44
MEETING ADJOURNED AT 10:25 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS.)
APPROVED
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April 8, 2004
MERIDIAN CITY COUNCIL MEETING
PP 03-024
APPLICANT Packard Estates Development, LLC ITEM NO. . C;~ S
REQUEST Tabled Findings from 4/6/04- Request for reconsideration for revised PP approval of
302 building lots & 28 other lots on 90.29 acres in a proposed R-8(PD) zone for proposed Redfeather
Estates Subdivision No.2 - south of East Ustick Road and east of North Eagle Road
April 13, 2004
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 Findings
~,rJ
Date: 411? 1M ~one: ..9.'l)i(-011S0
~
at public meetings shall become property of the City of Meridian.
Contacted:
Emailed:
April 1, 2004
MERIDIAN CITY COUNCIL MEETING April 6, 2004
APPLICANT Packard Estates Development, LLC
P P 03-024
lo-F
ITEM NO.
REQUEST Tabled Findings from 3/23/04-- Request for reconsideration for revised PP approval of
302 building lots & 28 other lots on 90.29 acres in a proposed R-8(PD) zone for proposed Redfeather
Estates Subdivision NO.2 -- south of East Ustick Road and east of North Eagle Road
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 Findings
~b
1.. /0 tV
~Xll
${J)( AA ,1M ~ u..-vt _ Date: tf~~() ::1 Phone:
tt: Y Slaff Initials: ~/
Materials presented at public meetings shall become property of the f Meridian.
Contacted:
Emailed:
~ ,'"j.
ib
interoffi ce
MEMORANDUM
-
Of Ivlerid.iwl
Clerk Office
To:
William G. Berg, Jr.
From:
Wm. F. Nichols
Subject:
Redfeather Estates Subdivision No.2
File:
PP-03-024
Date:
March 22,2004
Will:
Please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT, pursuant to action of the Council at their March 2,2004 meeting. The
Findings will be on an upcoming Council agenda.
Please serve conformed copies of the Findings upon the Applicant and the
Planning and Zoning Department, Public Works and the City Attomey office, if Council
approves the Findings.
If you have any questions arise please advise.
Z:\Work\M\Meridian\Metidian 15360M\Redfeather Estates Sub. No.2 AZ-03-021 PP-03-024 CUP-03-041\BergPl'ePJatMEMO 03 22 04.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 03/02/04
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY )
PLAT FOR REDFEATHER )
ESTATES SUBDIVISION NO.2 FOR )
302 BUILDING LOTS AND 28 )
OTHER LOTS ON 90.29 ACRES )
LOCATED ON THE SOUTH SIDE )
OF USTICK ROAD, Y.. MILE WEST )
OF CLOVERDALE ROAD, AND )
THE EAST SIDE OF EAGLE )
ROAD/SH 55, Y.. MILE SOUTH OF )
USTICK, MERIDIAN, IDAHO )
)
BY: PACKARD ESTATES )
DEVELOPMENT, LLC, )
APPLICANT )
)
Case No. PP-03-024
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 March 2, 2004, and Anna Powell Planning Director for the Planning and Zoning Department,
Becky McKay, Stokes, Carla Williams, Michelle Broadhead, Fitsroy Blecher, Bruce Mills,
Kenny Bowers and Susan Cole, appeared and testified, and the City Council having received a
report from Brad Hawkins-Clark Planner ill and Craig Hood Planner II for the Planning and
Zoning Department, and Bruce Freckleton, Engineering Technician ill, and the City Council
having received as part of the record of this matter the recommendation to City Council of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO.2 / (pP-03-024)
1 of 17
Planning and Zoning Commission and the "REDFEATHER ESTATES SUBDIVISION NO.2,
SECTION 4, T.3N., R.IE., B.M., ADA COUNTY, IDAHO, REVISED PRELIMINARY PLAT,
SHEET 1 OF 2, R-PRE, DWG.DATE 01/20/04 bkb, PROJ. NO. 3022, /3022-PRE.DWG,
WILLIAM E. AND MELVINA ANN GRANT and ARCHIE R. WOOD - OWNERS OF
RECORD, PACKARD ESTATES DEVELOPMENT, LLC - DEVELOPER, BECKY McKAY
- PLANNER/CONTACT, (Received by the City of Meridian via facsimile dated FEB 0404)",
Packard Estates 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 ~ 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-4 is before the Council, and
requires connection to the Municipal Water and Sewer System. [Meridian City Code ~
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDMSION NO.2 / (pP-03-024)
2 of 17
The Applicant has submitted a revised preliminary plat, planned development plan, and
landscape plan. A new ACHD staff memo, by Christy Richardson, was also submitted
to the City, clarifying the gate at the south end of Duane Drive.
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
developer will be financing the extension of sewer, water, local street infrastructure,
utilities and irrigation services to the project.
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 revised preliminary plat, there will be
public financial capability of supporting services for the proposed development. The
developer will be financing the extension of sewer, water, local street infrastructure,
utilities and irrigation services to the project.
5. It is found that the City and its related serves are capable of servicing the
proposed development. The development will not require major expenditures for
providing supporting services. The Fire Department provided a list of conditions, and
the developer shall be required to comply with all the department's conditions.
6. The development ifbuilt in accordance with the conditions and as
proposed, will not create health, safety or environmental problems and there have been
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEA THER ESTATES SUBDIVISION NO.2 / (pP~03-024)
3 of 17
no specifics of any such concerns brought to the Council's attention. ACHD considers
road safety issues in their analysis; no hazardous natural features have been identified on
the site.
7. 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.
8. The applicant has submitted for consideration of this approval the
preliminary plat as follows: "REDFEATHER ESTATES SUBDIVISION NO.2,
SECTION 4, T.3N., R.IE., B.M., ADA COUNTY, IDAHO, REVISED PRELIMINARY
PLAT, SHEET 1 OF 2, R-PRE, DWG.DATE 01/20/04 bkb, PROJ. NO. 3022, /3022-
PRE.DWG, WILLIAM E. AND MELVINA ANN GRANT and ARCHIE R. WOOD-
OWNERS OF RECORD, PACKARD ESTATES DEVELOPMENT, LLC-
DEVELOPER, BECKY McKAY - PLANNER/CONTACT, (Received by the City of
Meridian via facsimile dated FEB 0404)".
9. The City Council recognizes the concerns of the following individuals:
Sherry and Harvey Hoff (letter dated 9/12/03)
J.P. Rolison (letter dated 9/1/03)
Charles and Josephine Altman (letter dated 9/3/03)
Fitzroy A. and Virginia Belcher (letter dated 9/4/03)
Hal and Michelle Broadhead (letter dated 9/3/03)
Gerald J. and Cathy L. Reeves (letter dated 9/3/03)
J.R. Nishioka (letter dated 9/1/03)
Wilbur K. and Barbara A. Braddick (letter dated 9/8/03)
Dan and Darlene Thompson
Robert C. Sanders (letter dated 9/10/03)
Howard and Karen Jeffries (letter dated 9/11/03)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDMSION NO.2 I (pP-03-024)
4 of 17
Sue Piva (letter dated 12/4/03)
Michael Tyvand (letter dated 12/4/03)
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 having submitted the
"REDFEATHER ESTATES SUBDNISION NO.2, SECTION 4, T.3N., R.1E., B.M., ADA
COUNTY, IDAHO, REVISED PRELIMINARY PLAT. SHEET 1 OF 2. R-PRE. DWG.DATE
01/20104 bkb. PROJ. NO. 3022, 13022-PRE.DWG, WILLIAME. AND MELVINA ANN
GRANT and ARCHIE R. WOOD - OWNERS OF RECORD. PACKARD ESTATES
DEVELOPMENT, LLC - DEVELOPER, BECKY McKAY - PLANNER/CONTACT,
(Received by the City of Meridian via facsimile dated FEB 0404)", Packard Estates
Development, LLC, Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. Applicant has agreed and the Council recommends the fence along the west
property line be a vinyl fence.
2. Applicant shall work with Clover Meadows Subdivision to include a
pedestrian pathway that would access E. Tahiti Street and Clover Meadows Subdivision,
if the two parties can provide a location for the pathway lot.
3. The Applicant shall work with ACHD to clarify their condition regarding the
Duane Drive gate. The Council recommends it be usable as a pedestrian access and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDMSIONNO. 21 (pP-03-024)
5 of 17
emergency vehicle access and that the only people able to ask for removal of the gate be
the Perkins-Brown Homeowner's Association and the City of Meridian, specifically the
Meridian Fire Department.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
1. All conditions ofthe accompanying Annexation/Rezone and Conditional Use Permit
applications shall also be considered conditions of the Preliminary Plat.
2. The applicant will be required to construct the South Slough Sanitary Sewer Trunk
line and lateral sewer mains to provide service to this development. No service lines
will be allowed in the off-site segments. Applicant will also be required to construct
a temporary all weather 14-foot wide gravel access road over any undeveloped
segments within this project, until such time as the public street is improved. At
ultimate build-out, the sewer and water mains shall be located within the improved
public right-of-way.
3. The applicant shall be required to extend water mains to and through the proposed
development. Water service to the subdivision shall be from existing mains in
Ustick Road and from Eagle Road.
4. Dedicate Ustick Road right-of-way in accordance with ACHD's requirements and
provide a 35-foot wide landscape buffer along Ustick Road in accordance with
MCC and outside of the ultimate right-of-way. Any future right-of way shall be
located on a separate common lot. The required street buffers along Ustick Road
shall include 35' oflandscaping and may be measured from the future back of curb,
since detached sidewalks are required. Ifthe right-of-way ends at the back of curb,
the width of the landscape buffer common lot shall be at least 30' wide to provide a
full 35' oflandscaping exclusive ofthe sidewalk width. (Revised to 35' buffer per
City Council action at their March 2, 2004 meeting.)
5. ill accordance with MCC 12-13-10-8, the applicant shall construct detached
sidewalks adjacent to Ustick Road. The minimum width of the parkway area
between the future curb and sidewalk shall be five (5) feet. ill any parkway areas less
than ten (10) feet wide, tree plantings within the parkways will be restricted to either
Class I or Class II trees.
6. Extend Granger Street and Pahn Street into the site as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO.2! (PP-03-024)
6 of 17
7. A detailed fencing plan shall be submitted upon application of the final plat. A 6-
foot solid fence shall be required around the perimeter of the subdivision unless the
City agrees in writing that such a fence is not required. The fence along the west
boundary (adjacent to Perkins-Brown Subdivision) shall be vinyl. All fences shall
taper down to 3 feet maximum within 20 feet of all right-of-way. Micropath fencing
shall be shown per Ordinance 12-13-15-9. The applicant should address intended
fencing design at the public hearings.
8. The preliminary landscape plan prepared by Harvest Design and dated 2-13-04
(received 2-17-04) is approved as submitted, with the following modifications:
(Revised the Landscape Plan date to 2-13-04 and received 2-17-04 per City Council
action at their March 2,2004 meeting.)
A. All fencing adjacent to the open space lot (Lot 12, Block 25) and
adjacent to the South Slough multi-use pathway shall be open vision or,
if sight obscuring, a maximum of four feet in height. (Revised the Lot
and Block per City Council action at their March 2, 2004 meeting.)
B. The micropath shown on Lot 1, Block 14 (Sheet LS-4) must be located a
minimum of five feet from any sight obscuring fencing. (Revised the
Bock per City Council action at their March 2, 2004 meeting.)
C. There is a common lot on N. Chatterton Way, Sheet LS-l, that is not
shown with any landscaping. This area shall be planted in accordance
with MCC 12-13-16.
The street trees shown on Sheet LS 2 and LS 3 (on N. Grenadier 'Nay)
are proposed with attached sidevlalks. HOW8yer, tho N. Grenadier \Val'
street section shovlll on Sheet 2 ofthe preliminary plat ShOVlS detached
sidewalks. The applicant must ensure the landscape plan and the plat
construction drawings reflect the same design and should clarify this at
tho Conunission hearing. (Deleted the entire C. and added the new C.
language per City Council action at their March 2,2004 meeting.)
9. Submit a copy of the encroachment agreement with the Nampa & Meridian
Irrigation District (NMID) for the Milks Lateral prior to the pre-construction
meeting for those specific phases of the subdivision.
10. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 2 J (pP-03-024)
7 of 17
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.
II. Please submit all updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during 1 OO-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 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 aminimurn 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.
12. As proposed, the micropath alignment and construction on Lot 20, Block 7 shall
preserve the existing tree located at the terminus ofW. Briarwood Dr. All pathways
within the proposed subdivision shall be designed in accordance with MCC 12-13-
15 "Micropath Landscaping". (Revised the Lot and Block per City Council action at
their March 2, 2004 meeting.)
13. Upon any re-development of Lot 1, Block 7, the existing stub street within Dawson
Meadows Subdivision shall be extended to provide interconnectivity between Red
Feather Estates No.2 and Dawson Meadows. (Revised the Block per City Council
action at their March 2,2004 meeting.)
14. Prior to the final plat submittal of Phase 1 (oT'.vhichover future phase Lot 1, Block
12 falls within), the applicant shall proyide Plan..'1ing & Zoning staff '.vith an
approved sketch ofhov.' Lot 1, Block 12 may be re developed in the future. Said
sketch should include ho'l,' the access to Lot 1, Block 12 will be pro'.'ided internally
(off of the Dawson Meadows stub street extension) and not from Granger Street in
the future. (Deleted per action of the City Council at their March 2, 2004 meeting,
as the Applicant has already complied.)
15. The existing right -of- way adj acent to the west property line within Block 14 must be
vacated and the vacation approved by the City of Meridian and ACHD prior to the
final plat being submitted for any lots impacted by the right-of-way easement.
(Revised the Block per City Council action at their March 2, 2004 meeting.)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RED FEATHER ESTATES SUBDIVISION NO. 2/ (pP-03-024)
8 of 17
16. A permanent pedestrian easement, in favor of the City of Meridian, shall be
recorded for the South Slough pedestrian pathway prior to the first building permit
being issued for the applicable phase (shown as Phase 6 on the preliminary plat).
The easement shall be sufficient width to cover the pathway, as required by the
Parks & Recreation Department. 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 this phase. 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.
17. Deter all construction traffic from Duane Drive, as no construction traffic should
utilize Duane Drive.
18. The two micropaths on the north and south sides of Lot 3, Block 24 shall be
increased from 10 feet wide to 15 feet wide. (Added this condition per action ofthe
City Council taken at their March 2,2004 meeting.)
19. The applicant shall revise the preliminary plat to reflect condition #18 and to show
phasing lines. Submit 3 copies of the revised preliminary plat to the City Clerk prior
to the first final plat submittal within the subdivision. (Added this condition per
action of the City Council taken at their March 2,2004 meeting.)
STANDARD CONDITIONS (PRELIMINARY PLAT)
1. Submit a copy ofthe Ada County Street Name Committee's final approval letter for
the subdivision name, and the lot and block numbering. Make any corrections
necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3. A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plates).
4. Two-hundred-fiftyand one-hundred-watt, high-pressure sodium streetlights will be
required at locations designated by the Public Works Department. All streetlights
shall be installed at subdivider's expense. Typical locations are at street
intersections and/or fire hydrants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO.2 / (pP-03-024)
9 of 17
5. A detailed landscape plan for the common areas, including pathways and types of
construction, shall be submitted for review and approval with the submittal ofthe
final plat applications. The plan must include sizes and species of trees, shrubs)
berminglswale details, and all proposed ground cover/treatment. 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.
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 MCC 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. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per MCC 9-1-4 and 9-4-8. Wells maybe used
for non-domestic purposes such as landscape irrigation.
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.
9. Developer shall coordinate mailbox locations with the Meridian Post Office.
10. 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.
11. Compaction test results must be submitted to the Meridian Building Department for
all building pads receiving engineered backfill, where footing would sit atop fill
material.
C. Adopt the Recommendations of ACHD as follows:
1. The 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) iffunds 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELTh1INARY PLAT
REDFEATHER ESTATES SUBDNISION NO. 2/ (PP-03-024)
10 ofl 7
the applicant's specific development project) an additional 23- feet of
right-of-way along Ustick Road, and construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located a minimum of 23-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 Ustick Road, located a minimum of23-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 Ustick Road, located at the back edge of
the existing right-of-way. Accomplish all necessary adjustments to
properly accommodate existing drainage and utilities.
2. Construct the main entrance, North Grenadier Way, to intersect Ustick Road
approximately 370-feet east of the west property line, as proposed. This roadway
shall align with an existing roadway that is located on the north side of Us tick
Road.
3. Construct North Grenadier Way and East Granger Street as residential collectors,
but believes that these roadways should be constructed as 36-foot street sections
with vertical curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot
attached concrete sidewalk).
4. Construct the remainder ofthe internal roadways as 36-foot street sections with
rolled curb, gutter and 5-foot attached concrete sidewalks, as proposed.
5. Extend Granger Street from the east property line approximately 640-feet north
of the south property line, as proposed.
6. Extend East Palm Street from the east property line approximately 440-feet north
of the south property line, as proposed.
7. Install swinging gate* at the connection of Duane Drive* and Palm Street for the
present time. Construct a pedestrianJbicyc1e pathway that connects the
improvements on Duane Drive (south of the gate) to the 24-feet of pavement that
exists (north ofthe gate).
*Duane Drive shall be a public street connection. Also, a public hearing would
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 2/ (pP-03-024)
llof17
have to be held by the Commission if there was a request for the gate to be
removed. Anyone can make the request to remove the gate, which would include
members of the public, service providers, agencies, etc. (per Christy
Richardson's letter to Anna Powell- Planning and Zoning Director, stamped:
RECEIVED FEB 042004 City of Meridian City Clerk Office.)
8. Construct a stub street (East Palm Street) to the west property line approximately
500- feet north of the south property line, as proposed. mstall a sign at the
terminus of the roadway stating that, tlTHIS ROAD WILL BE EXTENDED IN
THE FUTURElI.
9. Construct a stub street tot eh south property line approximately 900- feet east of
the west property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
10. Construct a stub street to the 5-acre out parcel that is located at 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.
11. Construct a stub street to the north property line approximately 1 DO-feet west of
the east property line, as proposed. Install a sign at the terminus ofthe roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
12. Construct a pedestrian path (rather than a stub street) that will connect this
subdivision with BriaIWood Subdivision, as proposed.
13. Before a building permit is issued for lot 242, install the center turn lane on
Cloverdale Road at the intersection of Clover dale Road and Granger Street if the
warrants are met prior to the District's reconstruction of Clover dale Road.
14. Coordinate the timing and the design of the right-turn radii on Ustick Road into
the site at both Duane Drive and Grenadier Way with the District's Traffic
Services Staff.
15. Construct an island/median within the public right-of-way of North Grenadier
Way (near the intersection of Us tick Road), as proposed. Provide a minimum of
a 21-foot street section on either side of any proposed center islands within the
turnarounds. Construct the island/median to be a minimum of 4-feet wide to total
a minimum of a 1 DO-square foot area. Any proposed landscape islands/medians
within the public right-of-way dedicated by this plat shall be owned and
maintained by a homeowners association.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO.2 / (pP-03-024)
12 oft 7
16. Construct five cul-de-sac turnarounds without center islands within the
subdivision, as proposed. Provide a minimum turning radius of 45-feet.
17. Construct chokers on the north side of Palm Street at the intersection of Duane
Drive to provide for a reduced street section.
18. Vacate the existing right-of-way, exchange the existing right-of-way, or improve
the existing right-of-way within the proposed development (a portion of Granger
Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east
property line).
19. Deter all construction traffic Duane Drive, as no construction traffic should
utilize Duane Drive.
20. Other than the access point that has been specifically approved with this
application, direct lot access to Ustick Road is prohibited.
21. Comply with all Standard Conditions of Approval.
D. Adopt the Meridian Fire Department Recommendations as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project. Fire hydrants shall be placed
an average of 400' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department
which will be submitted to the Public Works Department. All curbing in front of fire
hydrants shall be painted red for 10' on each side of the installation.
4. All roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 2/ (pP-03-024)
13ofl7
6. 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.
7. The fire department requests that any future signalization installed as the result ofthe
development of this project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical service vehicles. The cost of this
installation is to be borne by the developer.
8. It is requested that Duane Dr. be connected 'lIith full y;idth street to provide
secondary access for the project. The public street connection will be made to Duane
Drive. However, the access will be restricted by a gate. The gate will allow for
emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate the
design of the gate with ACHD and the Meridian Fire Department. (per action of the
City Council meeting of March 2,2004.)
E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows:
1. The pump station at Dawson Meadows, that this project will hook up to,
needs to be enlarged in order to meet the demand that will be put on it.
2. Applicant shall apply for a land use change/site application.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO.2 I (PP-03-024)
14 of 17
and design a stormwater management system that prevents groundwater and
surface water degradation.
G. Adopt the action of the City Council taken at their March 2, 2004 meeting as
follows:
For clarification:
1. Duane Drive shall be a public street connection. Also, a public hearing
would have to be held by the Commission if there was a request for the
gate to be removed. Anyone can make the request to remove the gate,
which would include members of the public. service providers, agencies,
etc. (Per Christy Richardson's ofletter to Anna Powell- Planning and
Zoning Director, stamped: RECENED FEB 04 2004 City of Meridian
City Clerk Office.)
Additionally, the Commission, upon a public hearing, would then have to
address the Duane Drive standards, width, sidewalks, and who would
bear the expense for said improvements.
At no point in time shall construction traffic, or extra vehicles, except the
present existing surrounding homeowners, be allowed to use Duane Drive,
and the existing fence. which is now in place, shall remain in place until
such time as the gate can be constructed.
2. Since the most western portion ofthe property is to be made a part ofthis
annexation which is to be rezoned to C-G, a Development Agreement shall
be entered into between the City of Meridian and the owners of the property
to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E.
Schrammeck Trust) that would restrict development of future uses for this
area. The Development Agreement also cites the appropriate Comprehensive
Plan policies (from Chapter VI and VII) as applicable to these properties.
3. Pertaining to the dispute over the boundary lines on Granger between the
Applicant and Jim and Inna Mittleider, the Applicant resolved this situation
by positioning the right-of-way further north to compensate for what the
Mittleider's believe to be their property. The Applicant shall also work with
the Mittleiders to work out the piping of ditches. Additionally, the
Applicant stated on public record that they would be willing to meet with the
Mittleiders to go over the development plan, and to discuss any issues they
may have.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO.2 / (pP-03-024)
15 of 17
4. The revised Landscape Plan shows the increase landscape buffer along
Ustick Road to be 35 feet, which meets the entryway corridor policy of
the City.
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.
! -7-1~
By a~t' of the City Council at its regular meeting held on the _ d
day of f. 7 , 2004.
,
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 2/ (pP-03-024)
160f17
COUNCILMAN CHARLIE ROUNTREE
VOTED~
VOTED~
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEA THER ESTATES SUBDIVISION NO. 2/ (pP-03-024)
17 of17
April 15, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT W.H. Moore Company
AZ 03-025
April 20, 2004
ITEM NO. 6- (')
REQUEST Tabled from April 13, 2004 - Findings - Request for annexation and zoning of 57.84
acres from RUT to C-G zones for Blue Marlin - northwest corner of East Ustick Road and North
Eagle Road
AGENCY
~OMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLlCE 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 Findings
{JJ
Mf
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Mctericls presented at public meetings shall become property of the City of Meridicn.
RE EIVE
APR 1 4 2004
City Of Meridian
City Clerk Office
WHITE PETERSON
ATIORNEYS AT LAw
KEVIN DINIUS
JULm KLEIN FISCHER
CHRISTOPHER D. GADBERT
WM. F. GIGRAV, III
T. GUVHAL!.AM"
JILLS. HOLlNKA
JOHN R. KORMANIK'
WILLIAM A. MORROW
WILLIAM F. NICHOLS **
CANYON P ARKATTHE IDAHO CENTER
5700 E. FRANKLIN RD., SUITE 200
NAMPA, IDAHO 83687-7901
TEL (208) 466-9272
FAX (208) 466-4405
CHRISTOPHER S. NY!;:
PHILIP A. PIITERSON
TODD A. ROSSMAN
TERRENCE R. WHITE ...
. Also admitted in CA
.. Also admitted in OR
... Also admitted in WA
April 13, 2004
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re: W.H. MOORE COMPANY / ANNEXATION AND ZONING FINDINGS / AZ DEVELOPMENT
AGREEMENT / ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE
AND SUMMARY ORDINANCE COVER LETTER / AZ-03-025
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND
ZONING prepared as per instructions from the Council meeting of March 23, 2004, and which are
on an upcoming Council agenda. I have also attached the original of the Development Agreement for the
owner(s) and/or deveJoper(s) signatures. After the Council meeting, if Council approves the Findings ofF act
and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development
Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order
Granting Application for Annexation and Zoning have been adopted, please submit the Development
Agreement to the owners(s) and/or developer(s) for signatures.
Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the
annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have
been adopted, then please place this ordinance on the City Council agenda. This ordinance should
not be passed until the Findin!!s of Fact and Conclusions of Law and Decision and Order
Crantin!! Application for Rezone are adopted. Additionally, I have enclosed a Summary
Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council
at the same time the full annexation and zoning ordinance is presented to Council for approval.
If you have any questions arise, please advise.
"
very.. trulY.Your~rj /; /l
~.- ~
. . Ie 0 S
Z:\Work\M\Meridian\Meridian 15360MIB]ue Marlin AZ-03-025\FFCL DEV AGMT ORD Clerk Ltr 04 ]3 04.doc
BEFORE THE MERIDIAN CITY COUNCIL
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The above entitled mmexation and zoning application having come on for public hearing
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 57.84 ACRES
FOR PROPOSED BLUE MARLIN
FROM RUT TO C-G, LOCATED ON
THE NORTHWEST CORNER OF
THE INTERSECTION OF USTICK
ROAD AND EAGLE ROAD/SH 55,
IMMEDIA TEL Y NORTH OF THE
PROPOSED
KISSLERlCOBBS/EAGY/RUWE
ANNEXATION AND EAST OF
CHAMPION PARK SUBDIVISION,
MERIDIAN, IDAHO
W.H. MOORE COMPANY,
APPLICANT
CIC 03/23/04
Case No. AZ-03-025
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
on March 23,2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning
and Zoning Department, Jonathan Seel, Winston Moore, Tom Davis and Cornell Larsen,
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 AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONlNG BLUE MARLIN
(AZ-03-025)
PAGE 1 OF 22
FINDINGS OF FACT
1. There has been compliance with all notice and hearing requirements set forth in
Idaho Code g g 67-6509 and 67 -6511, and Meridian City Code g 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,
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 57.84 acres in size and is located on the
northwest corner of the intersection of Us tick Road and Eagle Road/SH 55, immediately north of
the proposed Kissler/Cobbs/Eagy/Ruwe annexation and east of Champion Park Subdivision,
Meridian, Idaho, all within the Area ofImpact of the City of Meridian and the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
4. Per Ada County Assessor records*, there are three (3) separate tax parcels within
the proposed annexation boundaries. The parcel ownerships are as follows:
Winston H. Moore (2 parcels)
Joann Crawford (l parcel; middle)
29.70 acres
28.05 acres
Total
57.75 acres (approx.)
*(t:iote: While the Ada County Assessor records still show Crawford as owner of
the 28-acre parcel, a Warranty Deed was submitted with the application showing
Mr. Moore purchased the property. However, the deed submitted with the
application is not recorded and the Assessor's Office still shows Joann Crawford
and Jack Joslin as the titled owners. Per staffs request, the Applicant submitted a
Memorandum of Purchase Contract which outlines the legal rights of Winston H.
Moore as the "Buyer" of the Crawford property." Said contract confinns that
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 2 OF 22
W.H. Moore is the equitable owner of the 28-acre Crawford parcel and, as such,
has the right to approve consent for the annexation application to be submitted to
the City. Winston H. Moore has provided notarized consent for the subject
application.
The Applicant is W.H. Moore Co. of Boise, Idaho.
5. The property is presently zoned RUT (Ada County).
6. The Applicant requests the property be zoned as C-G (General Retail and Service
Commercial).
7. The subject property is bordered to the north by RUT and Agricultural and zoned
"Low Density" within the Boise City Area ofImpact, to the south by RUT, to the east by R-8,
and to the west by RUT.
8. The Applicant proposes to develop the subject property in the following malmer:
no development plans were submitted with the application.
9. The Applicant requests zoning of the subject real property as C-G, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mixed Use-Regional.
10. There are no significant or scenic features of major importance that affect the
consideration of this application.
11. The City Council recognizes the concerns of Jack Ketlinski, Wally Hedrick and
Tom Davis addressed in their letters dated and February 11, 2004, February 19, 2004 and March
4, 2004.
12. Giving due consideration to the comments received from the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 3 OF 22
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 Recommendation of the Planning & Zoning Commission as follows:
1. Delete Annexation and Zoning Site Specific Condition #3, pg. 8, of the 11/3/03 staff
report in its entirety.
2. Replace Site Specific condition #3 with the following:
"3.a. Prior to annexation ordinance approval, the City of Meridian and Winston H.
Moore will enter into a Development Agreement (DA). This DA will require
either a conditional use or a planned development application be submitted to
the City of Meridian prior to future development. (Per action of the City
Council taken at their March 23,2004 meeting, eliminate the word subdivision,
so that the Development Agreement would require either a conditional use
permit or a planned development.)
3.b. A conceptual master plan will be submitted with the planned development
application or a site specific plan with any conditional use. (Per action of the
City Council taken at their March 23,2004 meeting, eliminated the word "for"
and replaced it with the word "or".)
3.c. Any future plan shall show a continuous public or private road system that goes
from Ustick Road north and may connect to the north boundary and may also
connect to Eagle Road, State Highway 55, if allowed by lTD. The Developer
shall provide further detail with the application for either a conditional use
permit or a planned development for a roadway system within the project, as
well as to how the traffic is going to be moved t!rroughout the development,
and such roadway system shall be consistent with the ITD and ACHD. (Per
action of the City Council taken at their March 23,2004 meeting by providing
an additional last sentence pertaining to the roadway system within the
development. )"
B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 4 OF 22
1. Essential City services will be made available to the subject property.
2. Replace Site Specific condition #3 with the following:
"3.a. Prior to atmexation ordinance approval, the City of Meridian and Winston
H. Moore will enter into a Development Agreement (DA). This DA will
require either a conditional use or a planned development application be
submitted to the City of Meridian prior to future development. (Per action
of the City Council taken at their March 23, 2004 meeting, eliminate the
word subdivision, so that the Development Agreement would require
either a conditional use permit or a planned development.)
3.b. A conceptual master plan will be submitted with the planned development
application or a site specific plan with any conditional use. (Per action of
the City Council taken at their March 23,2004 meeting, eliminated the
word "for" and replaced it with the word "or".)
3.c. Any future plan shall show a continuous public or private road system that
goes from Ustick Road north and may connect to the north boundary and
may also connect to Eagle Road, State Highway 55, if allowed by lTD.
The Developer shall provide further detail with the application for either a
conditional use permit or a planned development for a roadway system
within the project, as well as to how the traffic is going to be moved
throughout the development, and such roadway system shall be consistent
with the ITD and ACHD. (Per action ofthe City Council taken at their
March 23, 2004 meeting by providing an additional last sentence
pertaining to the roadway system within the development.)"
3. 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.
C. Adopt the Recommendations of ACHD as follows:
If the rezone is approved and the District receives a development proposal, the District
intends to provide the following requirements, in addition to any additional requirements
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 5 OF 22
that may apply upon District review of future development, to the City of Meridian:
1. The applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the applicant's
specific development project) 48-feet of right-of-way from centerline along Ustick Road,
and construct a minimum 5-foot wide concrete sidewalk along Ustick 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 Ustick Road, located a minimum of 41-feet from the centerline ofthe
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 Ustick Road, located at the back edge ofthe existing right-of-way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2. Construct any local roadways that are proposed to intersect Ustick Road to align or
offset a minimum of300-feet from any existing roadway (measured centerline to
centerline).
3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a
minimum of 230-feet from any existing or proposed driveway or street.
4. Once the access points have been approved by the District, they are to be identified as
such on the construction drawings. The remaining frontage along arterial and
collector streets shall be identified as having no access.
5. Comply with requirements ofITD for Eagle Road frontage. Submit a letter from ITD
regarding the said requirements prior to District approval of the final plat or issuance
of a building permit (or other required permits), whichever occurs first. Contact The
Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334-
8300.
6. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 6 OF 22
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 penuits), 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 7 OF 22
11. Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project
1. That a fire-flow as required by the International Fire Code is provided to service the entire
project. Fire hydrants shall be placed an average of350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. All internal & external roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants are required before combustible construction begins.
6. The fire lanes shall have a clear driving surface which is 20' wide available at all times.
E. Adopt the Recommendations of the Nampa Meridian Irrigation District as follows:
1. All laterals and waste ways must be protected.
2. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drainage
plans and requires a Land Use Change Application by filed for review prior to
final platting.
3. The Developer must comply with Idaho Code 31-3805.
4. NMID recommends that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 8 OF 22
F. Adopt the State ofIdaho Transportation Department's Recommendations as follows:
1. SH 55 has been designated a Principal Arterial. ITD would like Ada County and the
City of Meridian to help us preserve this corridor by recognizing the following
conditions. Future right of way widths will be, A: 120 feet each side of centerline
(240 feet total) for building setbacks and to include a frontage road, or B: 70 feet
each side of centerline (140 feet total) if the developer provides an internal frontage
road type system to feeder roads.
2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one
mile intervals in rural areas and one-half mile intervals in urban areas. Approaches
(other than intersections) may be permitted in special cases and on a temporary basis
as follows:
(1) Allowed until state highway system is improved by a construction
project at which time an access will be provided to the property,
which may not directly access the state highway system, but may
be via a frontage or backage road.
(2) Shall be recorded at the County Recorders Office.
(3) Temporary access restrictions will be noted on the permit.
3. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and
will be constructed off of the State Right of Way. (Further information about the
noise abatement may be obtained from the Noise Abatement Measures, which is on
file in the City Clerk's office.)
13. It is found that the 2002 Comprehensive Plan Future Land Use Map designates all of
the subject properties 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 [ ofthe City] which are either infill in nature or situated in highly visible or
transitioning areas of the City where innovative and flexible design opportunities are encouraged.
The intent oftrus designation is to offer the developer a greater degree of design and use flexibility".
Additionally, the fol1owing Comprehensive Plan text policies are applicable to this application:
Chapter VII, pgs. 97-98, Chapter IV, Goall, Obj. A, #6, Chapter IV, Goal II, Obj. A, Chapter V,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 9 OF 22
Goal III, Obj. B, #8, Chapter VI, Subsection 2, pg. 71, Chapter VII, Goal I, Obj. B, #5, Chapter VII,
Goal IV, Obj. D, #7.
14. The general vicinity of this project is experiencing a rapid change from agricultural
and low density residential uses to commercial/urban type development. Champion Park
Subdivision (aka "Parkstone") is a 100+ acre, mixed use development immediately west of the
subject property, the first phase of which has received final plat approval. Carol Professional Center
is a six acre office park (zoned L-O) located approximately one half (Y2) mile south of the subject
property on the west side of Eagle Road. Municipal water was extended east of Eagle Road a few
years ago to serve Summer's Funeral Home. Providence Place Subdivision is a large, urban density
residential subdivision located in Boise City less than a ~ mile east ofthe property. It is found that a
rezone of the proposed property would be compatible with other land use and facility changes in the
area.
15. No uses are proposed with this application. Certain permitted uses in the C-G zone
such as bus stations, outdoor entertainment uses, wholesale facilities and service stations, could have
a negative impact on the existing residential uses to the north and future homes in Champion Park.
The other existing single family use near the subject property (the Nesmith out parcel) is designated
as future mixed use in the comprehensive plan. It is found that any future uses, if designed,
constructed and operated in accordance with adopted city ordinances and future CUP applications,
should be hannonious and appropriate in appearance with the existing character of the vicinity.
16. It is found that the majority of future uses on the subject property will not be
hazardous or disturbing to existing or future neighboring uses if all development and landscaping
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 10 OF 22
ordinances are exercised. Some uses may be disturbing to existing residential uses to the west.
17. It is found that roadway improvements will be required on Ustick Road to handle the
additional traffic generated by future development. Sanitary sewer and water are either currently
available or under construction to provide service to the area. Comments were submitted by the
Meridian Fire Department, and are addressed in paragraph 12.D. above. All other public services and
facilities noted above appear to be adequate to service this property.
18. It is found that this development will not cause excessive additional requirements at
public cost. The South Slough Trunk extension was funded by the City of Meridian but will not
create new demands on the public coffer for this development. Other required site 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.
19. It is found that several of the allowed uses in the C-G zone may 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. In addition, a Development Agreement could
establish use parameters that would prevent detrimental effects. To comply with this finding a DA
shall be entered into which requires a conceptual plan for future uses, paying particular attention to
uses along the north and northwest boundaries.
20. It is found that any future uses will impact the level and flow of traffic on the
surrounding streets. Specific traffic counts will be determined at the time of development
application. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), it is found
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 11 OF 22
that the number of vehicular access points to Ustick and Eagle Roads should be restricted and
comply with ACHD policies in order to preserve the capacity and movement on these roadways at
build-out.
21. It is found that the annexation alone will not result in the destruction, loss or damage
of other natural features.
22. It is found that the annexation of this property would be in the best interest of the
City for the following reasons:
· increased commercial land base available to future developers;
· increased property tax revenue;
· municipal services are available to the area; and
· application substantially complies with the Comprehensive Plan.
It is also found that, based upon the information submitted in the application, it is
difficult for the Commission and Council to fully determine "best interest" factors, since no
future users are known at this time. The CUP/PD process does grant the City a fairly high degree
of design and use review authority, but the additional demand on staff to process such
applications should also be considered.
23. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
24. It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 12 OF 22
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 ofproposed 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 ~ 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 following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Chapter VII, pgs. 97-98, Chapter IV, Goal I, Obj. A, #6, Chapter IV, Goal II, Obj. A,
Chapter V, Goal III, Obj. B, #8, Chapter VI, Subsection 2, pg. 71, Chapter VII, Goal I, Obj.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 13 OF 22
B, #5, Chapter VII, Goal IV, Obj. D, #7.
5. The zoning of(C-G) General Retail and Service Commercial is defined in the Zoning
Ordinance at S 11-7-2 K as foIl ows:
(C-G) General Retail and Service Commercial District: The purpose of the C-G District
is to provide for commercial uses which are customarily operated entirely or almost entirely
within a building; to provide for a review ofthe impact of proposed commercial uses which
are auto and service oriented and are located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be connected to the Municipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7. The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 14 OF 22
Order:
1. The applicant's request for annexation and zoning of approximately 57.84 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 57.84 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer 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 Recommendation of the Planning & Zoning Commission as follows:
1. Delete Annexation and Zoning Site Specific Condition #3, pg. 8, of the 11/3/03 staff
report in its entirety.
2. Replace Site Specific condition #3 with the following:
"3.a. Prior to annexation ordinance approval, the City of Meridian and Winston H.
Moore will enter into a Development Agreement (DA). This DA will require
either a conditional use or a planned development application be submitted to
the City of Meridian prior to future development. (Per action of the City
Council taken at their March 23,2004 meeting, eliminate the word subdivision,
so that the Development Agreement would require either a conditional use
permit or a planned development.)
3.b. A conceptual master plan will be submitted with the planned development
application or a site specific plan with any conditional use. (Per action of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 15 OF 22
City Council taken at their March 23,2004 meeting, eliminated the word "for"
and replaced it with the word "or".)
3.c. Any future plan shall show a continuous public or private road system that goes
from Ustick Road north and may connect to the north boundary and may also
connect to Eagle Road, State Highway 55, if allowed by ITD. The Developer
shall provide further detail with the application for either a conditional use
pennit or a planned development for a roadway system within the project, as
well as to how the traffic is going to be moved throughout the development,
and such roadway system shall be consistent with the ITD and ACHD. (Per
action of the City Council taken at their March 23,2004 meeting by providing
an additional last sentence pertaining to the roadway system within the
development.)"
B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1. Essential City services will be made available to the subject property.
2. Replace Site Specific condition #3 with the following:
"3.a. Prior to annexation ordinance approval, the City of Meridian and Winston
H. Moore will enter into a Development Agreement (DA). This DA will
require either a conditional use or a planned development application be
submitted to the City of Meridian prior to future development. (Per action
of the City Council taken at their March 23, 2004 meeting, eliminate the
word subdivision, so that the Development Agreement would require
either a conditional use pennit or a planned development.)
3.b. A conceptual master plan will be submitted with the planned development
application or a site specific plan with any conditional use. (Per action of
the City Council taken at their March 23,2004 meeting, eliminated the
word "for" and replaced it with the word "or".)
3.c. Any future plan shall show a continuous public or private road system that
goes from Ustick Road north and may connect to the north boundary and
may also connect to Eagle Road, State Highway 55, if allowed by lTD.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 16 OF 22
The Developer shall provide further detail with the application for either a
conditional use permit or a planned development for a roadway system
within the project, as well as to how the traffic is going to be moved
throughout the development, and such roadway system shall be consistent
with the!TD and ACHD. (Per action of the City Council taken at their
March 23, 2004 meeting by providing an additional last sentence
pertaining to the roadway system within the development.)"
3. 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.
C. Adopt the Recommendations of ACHD as follows:
If the rezone is approved and the District receives a development proposal, the District
intends to provide the following requirements, in addition to any additional requirements
that may apply upon District review of future development, to the City of Meridian:
1. The applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the applicant's
specific development project) 48-feet of right-of-way from centerline along Ustick Road,
and construct a minimum 5-foot wide concrete sidewalk along Ustick 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 Ustick Road, 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 Ustick Road, located at the back edge of the existing right-of-way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2. Construct any local roadways that are proposed to intersect Ustick Road to align or
offset a minimum of300-feet from any existing roadway (measured centerline to
centerline).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 17 OF 22
3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a
minimum of230-feet from any existing or proposed driveway or street.
4. Once the access points have been approved by the District, they are to be identified as
such on the construction drawings. The remaining frontage along arterial and
collector streets shall be identified as having no access.
5. Comply with requirements ofITD for Eagle Road frontage. Submit a letter from ITD
regarding the said requirements prior to District approval of the final plat or issuance
of a building pennit (or other required permits), whichever occurs first. Contact The
Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334-
8300.
6. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 18 OF 22
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 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 ofthe Ada County Highway District. The burden shall
be upon the applicant to obtain written confirmation of any change from the Ada
County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
D. Adopt the Recommendations ofthe Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. That a fire-flow as required by the International Fire Code is provided to service the entire
project. Fire hydrants shall be placed an average of350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ~03-025)
PAGE 19 OF 22
4. All internal & external roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants are required before combustible construction begins.
6. The fire lanes shall have a clear driving surface which is 20' wide available at all times.
E. Adopt the Recommendations of the Nampa Meridian Irrigation District as follows:
1. All laterals and waste ways must be protected.
2. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drainage plans
and requires a Land Use Change Application by filed for review prior to final
platting.
3. The Developer must comply with Idaho Code 31-3805.
4. NMID recommends that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
F. Adopt the State ofIdaho Transportation Department's Recommendations as follows:
1. SH 55 has been designated a Principal Arterial. ITD would like Ada County and the City
of Meridian to help us preserve this corridor by recognizing the following conditions.
Future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for
building setbacks and to include a frontage road, or B: 70 feet each side of centerline
(140 feet total) if the developer provides an internal frontage road type system to feeder
roads.
2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile
intervals in rural areas and one-halfmile intervals in urban areas. Approaches (other than
intersections) may be permitted in special cases and on a temporary basis as follows:
(1) Allowed until state highway system is improved by a construction
project at which time an access will be provided to the property,
which may not directly access the state highway system, but may be
via a frontage or backage road.
(2) Shall be recorded at the County Recorders Office.
(3) Temporary access restrictions will be noted on the permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 20 OF 22
3. Noise abatement (benns, fences, etc.) will be the responsibility of the developer and will
be constructed off of the State Right of Way. (Further information about the noise
abatement may be obtained from the Noise Abatement Measures, which is on file in the
City Clerk's office.)
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (C-G) General Retail and Service Commercial District, and Meridian City Code ~ 11-
7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis 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.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 21 OF 22
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 20 ~ day of
/JrH;l
, 2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
VOTED*~
VOTED~
VOTED ~
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 1-20-- tJ4
MOTION:
APPROVED:+ DISAPPROVED:
VOTED
-
Attest:
\
Copy served upon Applicant, the Planning and Zoning Department, Public Wor~S\fi)~~a'ttt1lfi~t and
th C. A ,,\\ Of Mf:t:>,_" lill
e Ity ttomey. ..-,' :<....... ~ tJv..:, //...
~... c} d\PoR..<j :.<:j"t- 'l-;.
// - L /{_ __ fl > j .E-' r~o %
By: ~~"'/;J-/cr-?~d: ~- 2/--C{- ~ ~
City Clerk - ~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-03-025)
PAGE 22 OF 22
April 15,2004
MERIDIAN CITY COUNCil MEETING
V AC 04-002
April 20, 2004
APPLICANT Landmark Engineering and Planning, Inc. ITEM NO. S - \-t
REQUEST Findings - Request for a Vacation of Easements for lots 2 & 3, Block 1; lots
3 & 4, Block 1; lots 1 &2, Block 2 and lots 4 & 5 Block 2 for Scottsdale Subdivision - south of West
Franklin Road and east of South Under Road
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: Ch~~ull ,
EmaiJed: ~^
See attached Findings
o~
#1f
Date: lj-11 {J q
Staff Initials:
Phone: ~41;2.LI~
Materials presented at public meetings sholl become properly of the City of Meridian.
CEIVED
APR 1 6 2004
Interoffice
City Of Meridian
City Clerk Office
MEMORANDUM
To:
William G. Berg, Jr.
From:
Wm. F. Nichols
Subject:
Scottsdale Subdivision J V AC-04-002
Date:
April 15, 2004
Will:
Please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER OF V ACA TION, for vacation of easements for Lots 2
and 3, Block 1, Lots 3 and 4, Block 1, Lots 1 and 2, Block 2, and Lots 4 and 5, Block 2 for
Scottsdale Subdivision, located south of West Franklin Road and east of South Linder Road,
Meridian, Idaho. These Findings will need to be placed upon an upcoming Council agenda for
their approval.
If Council approves the Findings, then please send conformed copies to the Ada
County Highway District, the Applicant, Planning and Zoning, Public Works, City Attorney, and
any affected persons who placed a request.
If you have any questions please advise.
Z:\Work\M\Meridian\Meridian IS360M\Scottsdale Subdivision V AC-04-002\Clerk V AC Ltr 04 IS 04.da:
8
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 05107104 02:45 PM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meri dian Ci tv
AMOUNT .Illl
11I111111I111111I11111111111111111111
104056165
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST FOR )
VACATION OF EASEMENTS FOR LOTS )
2 & 3, BLOCK 1, LOTS 3 & 4, BLOCK 1, )
LOTS 1 & 2, BLOCK 2, AND LOTS 4 & 5, )
BLOCK 2 FOR SCOTTSDALE SUBDIVISION, )
LOCATED SOUTH OF WEST FRANKLIN )
ROAD AND EAST OF SOUTH LINDER )
ROAD, MERIDIAN, IDAHO )
)
)
)
)
)
)
)
LANDMARK ENGINEERING AND
PLANNING,INC.
APPLICANT.
C/C 04/06/04
CASE NO. V AC-04-002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF VACATION
OF EASEMENTS
This matter coming on regularly before the City Council at its regular meeting held on
April 6,2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and
Zoning Department, appeared and testified at the hearing, and the Council having received the
record from the Planning and Zoning Commission and its recommendations to the City Council,
and no objection having been received makes the following Findings of Fact and Decision and
Order.
Findings of Fact and Conclusions of Law and Order
of Vacation for Scottsdale Subdivision - V AC-04-002
PAGE 1 OF 8
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
CONCLUSIONS OF LAW
1. Easements shall be vacated in the same manner as streets. {I.C. S 50-1325}.
2. When a county or highway district desires the abandonment or vacation of any
highway, public street or public right-of-way which was accepted as part of a
platted subdivision said abandonment or vacation shall be accomplished pursuant
to the provisions of Chapter 13, Title 50 Idaho Code {I.C. S 40-203 (6)}.
3. Any person, firm, association, corporation or other legally recognized fonn of
business desiring to vacate a part of a plat which is inside the boundaries of any
City must petition the City Council to vacate. Any person, persons, firm,
association, corporation or other legally recognized form of business desiring to
vacate a plat or any part thereof which is inside or within one (1) mile of the
boundaries of any city must petition the city council to vacate. Such petition shall
set forth particular circumstances of the requests to vacate; contain a legal
description of the platted area or property to be vacated; the names of the persons
affected thereby, and said petition shall be filed with the city clerk. Written notice
of public hearing on said petition shall be given, by certified mail with return
receipt, at least ten (10) days prior to the date of public hearing to all property
owners within three hundred feet (300') ofthe boundaries of the area described in
the petition. Such notice of public hearing shall also be published once a week for
two (2) successive weeks in the official newspaper of the city, the last of which
shall be not less than seven (7) days prior to the date of said hearing; provided,
however, that in a proceeding as to the vacation of all or a portion of a cemetery
plat where there has been no intennent, or in the case of a cemetery being within
three hundred feet (300') of another plat for which a vacation is sought,
publication of the notice of hearing shall be the only required notice as to the
property owners in the cemetery. When the procedures set forth herein have been
fulfilled, the city council may grant the request to vacate with such restrictions as
they deem necessary in the public interest. In the case of easements granted for
gas, sewer, water, telephone, cable television, power, drainage, and slope
purposes, public notice of intent to vacate is not required. Vacation ofthese
easements shall occur upon the recording of the new or amended plat, provided
that all affected easement holders have been notified by certified mail, return
receipt requested, of the proposed vacation and have agreed to the same in
writing. {LC. S 50-1306A (1), (2), (3) and (5)}
Findings of Fact and Conclusions of Law and Order
of Vacation for Scottsdale Subdivision - V AC-04-002
PAGE20F 8
4. Pursuant to Meridian City Code 99 12-10-1 A and Band 12-10-2 A and B it
provides as follows:
12-10-1
APPLICATION PROCEDURE:
1. Application: Any property owner desiring to vacate an existing subdivision,
public right of way or easement shall complete and file an application with the
Administrator. These provisions shall not apply to the widening of any street
which is shown on this Comprehensive Development Plan, or the dedication of
streets, rights of way or easements to be shown on a recorded subdivision.
2. Administrator Action: Upon receipt of the completed application, the
Administrator shall affix the date of application acceptance thereon. The
Administrator shall place the application on the agenda for consideration at the
next regular meeting of the Conunission which is held not less than fifteen (15)
days after said date of acceptance.
12-10-2
COMMISSION AND COUNCIL ACTION:
A. Commission Recommendation: The Commission shall review the request and all
agency responses and make a recommendation to the Council for either an
approval, conditional approval, or denial.
2. Council Action:
1. Hearing; Notice: When considering an application for vacation procedures, the
Council shall establish a date for a public hearing and give such public notice as
required by law. The Council may approve, deny or modify the application.
Whenever public rights-of-way or lands are vacated, the Council shall provide
adjacent property owners with a quit-claim deed for the vacated rights of way in
such proportions as are prescribed by law.
2. Street Improvements; Bond: When considering an application for dedication
procedures, the Council may approve, deny or modify the application. When a
dedication is approved, the required street improvements shall be constructed or a
bond furnished assuring the construction, prior to acceptance of the dedication.
To complete the acceptance of any dedication of land, the owner shall furnish to
the Council a deed describing and conveying such lands to be recorded with the
County Recorder.
Findings of Fact and Conclusions of Law and Order
of Vacation for Scottsdale Subdivision - V AC-04-002
PAGE 3 OF 8
FINDINGS OF FACT
1. Landmark Engineering & Planning, Inc., on behalf of the applicant, Wolfe
Commercial Enterprises, LLC, filed a petition for the vacation of the five-foot (5')
wide permanent public utilities, drainage, and irrigation easements located on
each side ofthe following lot lines: Lots 2 and 3, Block 1, Lots 3 and 4, Block 1;
Lots 1 and 2, Block 2; and Lots 4 and 5, Block 2. The portion of the twelve-foot
(12') wide pennanent public utilities, drainage, and irrigation easements located
adjacent to any public street right-of-way or subdivision boundary being a strip
two feet (2') wide and located between the ten feet (10') and twelve feet (12')
away from any public street right-of-way or subdivision boundary. The twenty
foot (20') wide landscapelbuffer easement located adjacent to the subdivision
boundary, located south of West Franklin Road and east of South Linder Road,
Meridian, Idaho, and the easements along the side lot lines are requested for
vacation due to the fact that they would extend through the middle portion of the
re-platted lots causing issues for selling houses on the lots. The easements
adjacent to street right-of-way and the subdivision boundary are only required to
be ten feet (10') wide by Meridian Ordinance. The existing twelve foot (12')
wide easements would encroach into the buildable area of several lots. Finally,
the twenty-foot (20') wide landscape easement would encroach into the buildable
area of several lots by up to ten feet (l0'). The easement was originally granted
under the premise of a commercial development adjacent to the existing
residential areas. The proposed re-plat (Scottsdale Villas Subdivision) is for
single-family residential which is compatible with the surrounding residential
areas. The legal description of the existing unused sewer easement, is the subject
of this petition, is:
Lots 2, 3 and 4, Block 1 and Lots 1,2,3,4 and 5 of Block 2, Scottsdale
Subdivision, Ada County, Idaho according to the official plat thereof, recorded in
Book 82 of Plats at pages 8916 through 8917, official records of Ada County,
Idaho.
2. The particular circumstances of the requested vacation is:
The vacation ofthe five-foot (5') wide permanent public utilities, drainage, and
irrigation easements located on each side ofthe following lot lines: Lots 2 and 3,
Block 1, Lots 3 and 4, Block 1; Lots 1 and 2, Block 2; and Lots 4 and 5, Block 2.
The portion of the twelve-foot (12') wide permanent public utilities, drainage, and
irrigation easements located adjacent to any public street right-of-way or
subdivision boundary being a strip two feet (2') wide and located between the ten
feet (10') and twelve feet (12') away from any public street right-of-way or
subdivision boundary. The twenty foot (20') wide landscapelbuffer easement
Findings of Fact and Conclusions of Law and Order
of Vacation for Scottsdale Subdivision - V AC-04-002
PAGE 4 OF 8
located adjacent to the subdivision boundary, located south of West Franklin Road
and east of South Linder Road, Meridian, Idaho, and the easements along the side
lot lines are requested for vacation due to the fact that they would extend through
the middle portion of the re-platted lots causing issues for selling houses on the
lots. The easements adjacent to street right-of-way and the subdivision boundary
are only required to be ten feet (10') wide by Meridian Ordinance. The existing
twelve foot (12') wide easements would encroach into the buildable area of
several lots. Finally, the twenty-foot (20') wide landscape easement would
encroach into the buildable area of several lots by up to ten feet (10'). The
easement was originally granted under the premise of a commercial development
adjacent to the existing residential areas. The proposed re-plat (Scottsdale Villas
Subdivision) is for single-family residential which is compatible with the
surrounding residential areas., located south of West Franklin Road and east of
South Linder Road, Meridian, Idaho.
3. Written notice of the public hearing oftl1is petition was given by certified mail
with return receipt at least ten (10) days prior to the date ofthe public hearing to
all property owners within three hundred feet (300') of the boundaries of the area
described in the petition, and such notice was also published once a week for two
(2) successive weeks in the Idaho Statesman with the last publication which was
not less than seven (7) days prior to the hearing.
4. All publication costs have been paid by the petitioner.
5. The vacation is necessary as the applicant has requested consent to vacate several
previously platted easements in Scottsdale Subdivision on the south side ofW.
Franklin Road along SW 8th and Alden Streets. In May 2003, the City of
Meridian approved a re-subdivision of Scottsdale Subdivision (commercial),
renamed as Scottsdale Villas Subdivision (residential). During that re-subdivision
process, the applicant and staff failed to address the existing easements of record
(for the commercial sub) which would potentially conflict with the new lot
configuration (in the residential sub, Scottsdale Villas). Idaho Code 50-1325
requires that all easements created on subdivision plats "shall be vacated in the
same manner as streets" and must be approved by the local jurisdictions.
Therefore, the applicant is proposing to vacate those easements within Scottsdale
Subdivision (commercial) that are in conflict with the new lots and lotting pattern
of Scottsdale Villas Subdivision.
6. The applicant shall be required to comply with the following Recommendations
of the Nampa & Meridian Irrigation District as follows:
1. The District's Eight Mile Lateral courses along the northeast corner ofthis
Findings of Fact and Conclusions of Law and Order
of Vacation for Scottsdale Subdivision - V AC-04-002
PAGE 5 OF 8
parceL This easement must be protected and any encroachment without a
signed License Agreement and approved plan, before any construction is
started, is unacceptable.
DECISION AND ORDER OF VACATION OF EASEMENTS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF
FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council
does hereby ORDER and this does ORDER that:
1. The following is the legal description of the existing easements located south of
West Franklin Road and east of South Linder Road, Meridian, Idaho, and are
hereby vacated:
Lots 2,3 and 4, Block 1 and Lots 1,2,3,4 and 5 of Block 2, Scottsdale
Subdivision, Ada County, Idaho according to the official plat thereof, recorded in
Book 82 of Plats at pages 8916 through 8917, official records of Ada County,
Idaho.
2. The petition for the vacation of easements for Lots 2 & 3, Block 1; Lots 3 & 4,
Block 1; Lots 1 & 2, Block 2, and Lots 4 & 5, Block 2 for Scottsdale Subdivision,
located south of West Franklin Road and east of South Linder Road are hereby
granted.
3. The City Clerk shall cause a copy ofthis order to be served upon the affected
utility holders, and the petitioner, Public Works, Planning and Zoning
Departments, and the City Attorney's office.
4. The City Clerk shall cause a certified copy of this order to be recorded with the
Ada County Recorders office.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULA TORY T A KIN GS ANALYSIS
Findings of Fact and Conclusions of Law and Order
of Vacation for Scottsdale Subdivision - V AC-04-002
PAGE 6 OF 8
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 ~ 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
~~--l ,2004.
ROLL CALL
/? ,.....,It
.?-V day of
COUNCILMAN BIRD
VOTED fju'--
VOTED ~
VOTED ~/'-
VOTED fjeA--
COUNCILMAN WARDLE
COUNCILMAN NARY
COUNCILMAN ROUNTREE
----
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 1-W -04-
VOTED
Findings of Fact and Conclusions of Law and Order
of Vacation for Scottsdale Subdivision - V AC-04-002
PAGE 7 OF 8
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DATED:
STATE OF IDAHO, )
: ss.
County of Ada. )
On this ;</ sf day of A~rj I , 2004, before me, the undersigned,
a Notary Public in and for said State, pe sonally appeared TAMMY de WEERD and WILLIAM
G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, ofthe City of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the Ci~
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.
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Findings of Fact and Conclusions of Law and Order
of Vacation for Scottsdale Subdivision - V AC-04-002
PAGE 8 OF 8
April 15, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT CSHQA
CU P 04-002
April 20, 2004
ITEM NO. 5.:...\
REQUEST Findings - Request for a Conditional Use Permit for a temporary bank facility
with a drive-thru window and a drive-thru window for the permanent structure in a C-C zone
for Farmers and Merchants State Bank - swc of East Overland Road and South Eagle Road
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 affidavit of posting
Contacted: ~~'~ ~ , I/OJJt/W\ ,,^,,)
Emailed:
See attached Findings
~~
Date: L-/" ( q ~O~
Staff Initials:
Phone: S~'~-L1S1/;;/
Materials presented at public meetings shall become property of the City of Meridian.
RECEIVED
APR 1 6 2004
interoffice
MEMORANDUM
City Of Meridian
City Clerk Office
To:
William G. Berg, Jr.
From:
William F. Nichols
Subject:
BY: CSHQA FOR CONDITIONAL USE PERMIT FOR A BANK WITH A
DRIVE- THRU WINDOW IN A C-C ZONE FOR FARMERS AND
MERCHANTS STATE BANK
File No.:
CUP-04-002
Date:
April 6, 2004
Will:
Please find attached the original FINDINGS OF FACT CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT
TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent
Agenda for Council discussion and decision.
If you should have any questions please give me a call.
z:\ Work\M\Meridian\Meridian I 5360MlFanners and Merchants State Bank CUP-04-002\ClkLtrCUPffcls&Order 04 [6 Q4.do:::
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 04-06-04
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR A BANK WITH )
A DRIVE- THRU IN A C-C ZONE, )
LOCA TED ON THE SOUTHWEST )
CORNER OF E. OVERLAND ROAD )
AND S. EAGLE ROAD IN EL )
DORADO BUSINESS CAMPUS, )
MERIDIAN, IDAHO )
)
CSHQA, )
APPLICANT )
)
Case No. CUP-04-002
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 April 6, 2004, 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 Craig Slocum, 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 OF20
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 April 6, 2004, 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 April 6,2004, public hearings; and the applicant, affected property
owners, and govenunent 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-C zone and by reason of the
provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located on the southwest corner ofE. Overland Road and S. Eagle
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 2 OF 20
Road in EI Dorado Business Campus, Meridian, Idaho.
5. The owner of record of the subject property is Kimball Properties, LTD.
Partnership, P.O. Box 8204, Boise, Idaho 83704.
6. Applicant is CSHQA, 250 S. 5lh Street, Boise, Idaho 83702.
7. The subject property is currently zoned C-C (Community Business District). The
zoning district ofC-C is defined within the City of Meridian Zoning and Development
Ordinance, Section 11-7-2.
8. The proposed application requests a Conditional Use Permit approval for a bank
with a drive-thru window in a C-C zone. The C-C zoning designation within the City of
Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for
the use 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.
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 ofthe 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 OF20
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
A. Adopt the Recommendations of the Plmming and Zoning and Engineering staff as
follows:
CONDITIONS OF APPROVAL
PLANNING & ZONING (P&Z) I PUBLIC WORKS
1. This Conditional Use Permit shall be subject to all applicable conditions of approval from
the EI Dorado Business Campus (AZ-OI-018, CUP-OI-037, PP-OI-020) and Bonito
Subdivision (FP-03-010).
2. The existing lot lines shall be modified through the lot line adjustment process and recorded,
providing a legal lot to the applicant in the shape shown on the site plan, prior to issuance of
a Certificate of Zoning Compliance (CZC).
3. The temporary bank facility shall be removed from the site within 18 months of approval of
this Conditional Use Permit. All remaining site improvements shall be installed within 3
months of receiving occupancy of the permanent building. Only temporary occupancy will
be allowed until all required improvements are complete and inspected. A letter of credit or
cash bond (110%) for all outstanding improvements must accompany any request for
temporary occupancy of the permanent building.
4. The following modifications to the site plan are required:
· The 4-foot walk shall be increased to be 7 feet wide to allow for a 2-foot vehicle
overhang and a 5- foot clear walking surface. Since this is a temporary walkway,
it may be constructed of asphalt or other handicap-accessible surface.
· The proposed parking layout shall be modified to create a van-accessible
handicap parking space out of two standard spaces.
· The temporary walkway surface shall be removed and replaced with landscaping,
instead of retained and extended as currently depicted. Note: If a permanent
walkway surface, such as concrete is used, it may be extended as shown.
5. The following additions to the landscape plan are required:
· Add a tree to the planter island at the northwest comer of the parking area.
· Coordinate plant selection in the planter along the drive-through to meet the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 4 OF 20
visibility requirements of the Police Department.
6. Prior to issuance of a CZC, the applicant shall submit a copy of a recorded access easement
that crosses the common lot, as depicted on the approved plans.
7. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-
17-4.B.
8. All parking stalls, drive aisles and drive-tluu lanes shall be constructed per the dimensions
depicted on the submitted site plans and MCC.
9. All parking and drive aisles shall be paved for all uses, in compliance with the submitted
plans. Handicap parking spaces shall be signed and striped in compliance with Federal
accessibility guidelines.
10. The project shall provide a cross-access stub to the south, as depicted on the site plan.
11. Sanitary sewer and water service shall be from service lines currently installed adjacent to the
property.
12. 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.
13. All signage shall be in accordance with the standards set forth in this report and Section 11-
14 of the City Zoning and Development Ordinance. All signage is subject to review and shall
require separate permits.
14. All construction and site improvements shall conform to the requirements ofthe Americans
with Disabilities Act and the adopted building and fire codes.
IS. 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 ofStonn Water Best Management Practices
for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal
into surface water is prohibited unless the jurisdiction which has authority over the receiving
stream provides written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
16. Any drainage areas (detention/retention basins) must be designed to ensure that water will
percolate or discharge within a period oftime not to exceed 24 hours for all stonns up to and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 5 OF 20
including a 1 DO-year storm event.
17. 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.
POLICE DEPARTMENT
1. The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed three feet in height around the drive through and ATM. Please coordinate the
planting with Chief Musser prior to submitting for a Certificate of Zoning Compliance.
2. Passive lighting should be used to ensure that all public areas are well-lit and visible during
evening hours.
FIRE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
2. Coordinate fire hydrant locations with the Fire Marshall, Joe Silva, prior to submitting for
a Certificate of Occupancy (CZC). Final Approval of the fire hydrant locations shall be
by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shan have the curb painted red 10' to each side of the
hydrant Location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside.
4. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
5. Building setbacks shall be per the Building Code for one and two story construction.
6. Fire lanes and streets shall have a vertical clearance of 13'6", This includes mature
landscaping.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 6 OF 20
7. Commercial and office occupancies will require a fire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of
300' apart.
8. The fire department requests that any future signalization installed as the result of the
development ofthis project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to
be borne by the developer.
B. Adopt the Recommendations of ACHD as follows:
1. Comply with the conditions of approval for MCUPOI-037/MAZOI-0l8 (El
Dorado Business Campus).
C. Adopt the Recommendations of Central District Health Department as follows:
1. After written approval from appropriate entities are submitted, we can approve
this proposal for central sewage and central water.
2. Central sewage and central water plans must be submitted to and approved by the
Idaho Department of Health and Welfare, Division of Environmental Quality.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
4. 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.
D. Adopt the action of the City Council taken at their April 6, 2004 meeting as follows:
1. Pertaining to the Five (5) Special Considerations in the Staff Report dated
Transmittal Date: February 26, 2004, Hearing Date: March 4, 2004, the applicant
and the Planning and Zoning Department have resolved all 5 issues.
13. It is found that the subject property, as depicted, is large enough to accommodate
the required open spaces, parking, landscaping and other features required by the ordinance. It is
noted that the site is about 60 feet smaller than the platted lot lines of Bonito Subdivision and sits
on a portion of Lot 9, Block 5. A lot line adjustment is in process with the City and must be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 7 OF 20
recorded prior to issuance of a Certificate of Zoning Compliance. Parking stalls are required at
the rate of one space per 200 s.f. of gross floor area. The phase 1 temporary facility (1,217 s.f.)
requires 6 parking spaces; 13 spaces are proposed-more than double the required number. The
phase 2 permanent facility (4,765 s.f.) requires 24 parking spaces; 46 spaces are proposed-nearly
double the number required. Under each phase the project will have ample parking.
14. It is found that the Comprehensive Plan Land Use Map designates the property as
"Mixed Use-Regional" and it is currently zoned C-C. Mixed Use-Regional allows for banks and
drive-through facilities (see Comprehensive Plan, p. 98). Ordinance 11-8-1, Schedule of Use
Control, allows for drive-in establishments through the conditional use process in the C-C zone. The
Development Agreement for the subdivision also allows for drive-through projects through the
conditional use process. It is found that the requested uses are 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. The abutting properties to the south and west are part ofEI Dorado Business Campus
and are intended for development of a similar nature. Properties across Eagle Road to the east are in
Silverstone and are also being developed in a similar fashion. The existing rural residence across
Overland Road from the project will experience a change from existing conditions; however, the
Comprehensive Plan shows that the future intended land use of the area is also Mixed Use-
Regional. Therefore, it is found that the proposed development will not adversely change the
existing or intended character of the general vicinity. The decision to change the character of the
area was already made with the approval of EI Dorado Business Campus and Bonito Subdivision.
16. The adj oining properties to the west and south are owned by the same property owner
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 8 OF 20
that has consented to submittal of this application. Therefore, it is not anticipated that the proposed
use will adversely affect adjacent properties.
17. The project has vehicular access from Overland Road via a previously approved curb
cut for Bonito Subdivision. The Police Department has commented that the shrubs along the edge of
the drive through must be low to allow clear visibility for patrol cars; the applicant has agreed to
coordinate with the Police Chief to ensure that their visibility needs are met. ACHD approved the
proposed project with no new conditions, except to comply with the conditions already placed on the
subdivision. Water and sanitary sewer service to the project is readily available to the site via mains
installed as part of the subdivision improvements.
18. The developer will finance the extension of sewer, water, utilities and pressurized
irrigation to serve the project. The primary public costs to serve the future residents will be fire and
police services. It is found that there will not be excessive additional requirements at public cost and
that the proposed use will not be detrimental to the community's economic welfare.
19. No new trip generation estimates were provided by ACHD, since estimates for the
entire subdivision were approved previously when it was subdivided. According to Kendall Kemmer
at ACHD, "since they are part of a larger development the actual new daily trips will most likely be
reduced as larger developments such as Bonito [Subdivision] will experience the phenomenon of trip
capture. The people who work within larger developments are more likely to use things such as
banks and restaurants within the development as opposed to going outside which reduces the number
of new trips actually being made to the uses within the development." The approved subdivision
plans anticipate up to 8,262 additional vehicle trips per day for the entire EI Dorado Business
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 9 OF 20
campus; the proposed project is only a fraction of the pre-approved ultimate traffic volume. It is
found that no excessive traffic, smoke, fumes, glare or odors will result from the proposed use.
20. All vehicular approaches were previously approved with Bonito Subdivision. It is
found that the proposed use will not create significant interference with traffic on the surrounding
public streets. Refer to ACHD comments for additional detail on this issue. ACHD will not prepare
a separate site-specific report for the proposed project and instead have simply required the project to
comply with conditions of approval already placed on the subdivision as a whole.
21. It is found that no natural or scenic feature will be lost, damaged or destroyed by
issuance of this conditional use permit. There have been no identified natural or scenic features
on the site.
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. S67-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 10 OF 20
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 acconunodate 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 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 conununity;
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-C zone, a public hearing shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 11 OF 20
be conducted with notice to be published and provided to property owners or purchasers of
record within three hundred feet (300') ofthe external boundaries of the land under consideration
for the conditional use permit all in accordance with the provisions of Meridian City Code 9 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 9
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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 12 OF 20
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
1. That the above named applicant is granted a conditional use permit for a bank
with a drive-thru window in a C-C zone, 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:
CONDITIONS OF APPROVAL
PLANNING & ZONING (P&Z) I PUBLIC WORKS
I. This Conditional Use Permit shall be subject to all applicable conditions of approval from
the El Dorado Business Campus (AZ-OI-018, CUP-OI-037, PP-OI-020) and Bonito
Subdivision (FP-03-010).
2. The existing lot lines shall be modified through the lot line adjustment process and recorded,
providing a legal lot to the applicant in the shape shown on the site plan; prior to issuance of
a Certificate of Zoning Compliance (CZC).
3. The temporary bank facility shall be removed from the site within 18 months of approval of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 13 OF 20
this Conditional Use Permit. All remaining site improvements shall be installed within 3
months of receiving occupancy of the permanent building. Only temporary occupancy will
be allowed until all required improvements are complete and inspected. A letter of credit or
cash bond (110%) for all outstanding improvements must accompany any request for
temporary occupancy of the permanent building.
4. The following modifications to the site plan are required:
· The 4~foot walk shall be increased to be 7 feet wide to allow for a 2-foot vehicle
overhang and a 5- foot clear walking surface. Since this is a temporary walkway,
it may be constructed of asphalt or other handicap-accessible surface.
· The proposed parking layout shall be modified to create a van-accessible
handicap parking space out of two standard spaces.
· The temporary walkway surface shall be removed and replaced with landscaping,
instead of retained and extended as currently depicted. Note: If a permanent
walkway surface, such as concrete is used, it may be extended as shown.
5. The following additions to the landscape plan are required:
· Add a tree to the planter island at the northwest comer of the parking area.
· Coordinate plant selection in the planter along the drive-through to meet the
visibility requirements of the Police Department.
6. Prior to issuance of a CZC, the applicant shall submit a copy of a recorded access easement
that crosses the common lot, as depicted on the approved plans.
7. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-
17-4.8.
8. All parking stalls, drive aisles and drive-thru lanes shall be constructed per the dimensions
depicted on the submitted site plans and MCC.
9. All parking and drive aisles shall be paved for all uses, in compliance with the submitted
plans. Handicap parking spaces shall be signed and striped in compliance with Federal
accessibility guidelines.
10. The project shall provide a cross-access stub to the south, as depicted on the site plan.
11. Sanitary sewer and water service shall be from service lines currently installed adjacent to the
property.
12. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 14 OF 20
properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-
13-4C.
13. All signage shall be in accordance with the standards set forth in this report and Section 11-
14 of the City Zoning and Development Ordinance. All signage is subject to review and shall
require separate permits.
14. All construction and site improvements shall conform to the requirements of the Americans
with Disabilities Act and the adopted building and fire codes.
15. 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 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.
16. Any drainage areas (detention/retention basins) must be designed to ensure that water will
percolate or discharge within a period oftime not to exceed 24 hours for all storms up to and
including a I DO-year storm event.
17. 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 inigation). A bid must accompany any request for temporary
occupancy.
POLICE DEPARTMENT
1. The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed three feet in height around the drive through and ATM. Please coordinate the
planting with Chief Musser prior to submitting for a Certificate of Zoning Compliance.
2. Passive lighting should be used to ensure that all public areas are well-lit and visible during
evening hours.
FIRE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 15 OF 20
2. Coordinate fire hydrant locations with the Fire Marshall, Joe Silva, prior to submitting for
a Certificate of Occupancy (CZC). Final Approval of the fire hydrant locations shall be
by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 1'2" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside.
4. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
5. Building setbacks shall be per the Building Code for one and two story construction.
6. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
7. Commercial and office occupancies will require a fire-flow consistent with the Unifonn
Fire Code to service the proposed project. Fire hydrants shall be placed an average of
300' apart.
8. 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.
B. Adopt the Recommendations of ACHD as follows:
1. Comply with the conditions of approval for MCUPOI-037/MAZOI-018 (El Dorado Business
Campus).
C. Adopt the Recommendations of Central District Health Deparhnent as follows:
1. After written approval from appropriate entities are submitted, we can approve this
proposal for central sewage and central water.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 16 OF 20
2. Central sewage and central water plans must be submitted to and approved by the Idaho
Department of Health and Welfare, Division of Environmental Quality.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
4. 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.
D. Adopt the action of the City Council taken at their April 6, 2004 meeting as follows:
]. Pertaining to the Five (5) Special Considerations in the Staff Report dated
Transmittal Date: February 26,2004, Hearing Date: March 4,2004, the applicant
and the PlaIllling and Zoning Department have resolved all 5 issues.
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 ofthe 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 ofpermanent footings or structures on or in the ground. In this context
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 17 OF20
"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. lfthe 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 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 Iudicial 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 being a person who has an
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 18 OF 20
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
~/ L'l.f"h
?-l/ - day of
~/?-
, 2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED~
COUNClLMAN CHARLIE ROUNTREE
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: cr--2~--04-
VOTED
--
MOTION: V
APPROVED:~
DISAPPROVED:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 19 OF 20
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\\\':,\ Of MERl;:'III/....Mayor am. Weerd
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Attest:
William G. Berg, Jr., City ler
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 20 OF20
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 04/06/04
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR A BANK WITH )
A DRIVE- THRU IN A C-C ZONE, )
LOCATED ON THE SOUTHWEST )
CORNER OF E. OVERLAND ROAD )
AND S. EAGLE ROAD IN EL )
DORADO BUSINESS CAMPUS, )
MERIDIAN, IDAHO )
)
CSHQA, )
APPLICANT )
)
Case No. CUP-04-002
ORDER GRANTING
CONDITIONAL USE PERMIT
I. This matter coming before the City Council on April 6, 2004, 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 bank
with a drive-thru window in a C-C zone, subject to the following conditions of use and
development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
CONDITIONS OF APPROVAL
ORDER CONDITIONAL USE PERMIT
(CUP-04-002)
PAGE 1 OF7
PLANNING & ZONING (P&Z) / PUBLIC WORKS
1. This Conditional Use Permit shall be subject to all applicable conditions of approval from
the EI Dorado Business Campus (AZ-OI-0l8, CUP-OI-037, PP-OI-020) and Bonito
Subdivision (FP-03-01O).
2. The existing lot lines shall be modified through the lot line adjustment process and recorded,
providing a legal lot to the applicant in the shape shown on the site plan, prior to issuance of
a Certificate of Zoning Compliance (CZC).
3. The temporary bank facility shall be removed from the site within 18 months of approval of
this Conditional Use Permit. All remaining site improvements shall be installed within 3
months of receiving occupancy of the permanent building. Only temporary occupancy will
be allowed until all required improvements are complete and inspected. A letter of credit or
cash bond (110%) for all outstanding improvements must accompany any request for
temporary occupancy of the permanent building.
4. The following modifications to the site plan are required:
· The 4-foot walk shall be increased to be 7 feet wide to allow for a 2-foot vehicle
overhang and a 5-foot clear walking surface. Since this is a temporary walkway,
it may be constructed of asphalt or other handicap-accessible surface.
· The proposed parking layout shall be modified to create a van-accessible
handicap parking space out of two standard spaces.
· The temporary walkway surface shall be removed and replaced with landscaping,
instead of retained and extended as currently depicted. Note: If a permanent
walkway surface, such as concrete is used, it may be extended as shown.
5. The following additions to the landscape plan are required:
· Add a tree to the planter island at the northwest comer of the parking area.
· Coordinate plant selection in the planter along the drive-through to meet the
visibility requirements of the Police Department.
6. Prior to issuance of a CZC, the applicant shall submit a copy of a recorded access easement
that crosses the common lot, as depicted on the approved plans.
7. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-
17-4.B.
8. All parking stalls, drive aisles and drive-thru lanes shall be constructed per the dimensions
depicted on the submitted site plans and MCC.
ORDER CONDITIONAL USE PERMIT
(CUP-04-002)
PAGE 2 OF7
9. All parking and drive aisles shall be paved for all uses, in compliance with the submitted
plans. Handicap parking spaces shall be signed and striped in compliance with Federal
accessibility guidelines.
10. The project shall provide a cross-access stub to the south, as depicted on the site plan.
11. Sanitary sewer and water service shall be from service lines currently installed adjacent to the
property.
12. 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.
13. All signage shall be in accordance with the standards set forth in this report and Section 11-
14 of the Ci ty Zoning and Development Ordinance. All signage is subj ect to review and shall
require separate permits.
14. All construction and site improvements shall conform to the requirements oftheAmericans
with Disabilities Act and the adopted building and fire codes.
15. 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 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.
16. Any drainage areas (detention/retention basins) must be designed to ensure that water will
percolate or discharge within a period oftime not to exceed 24 hours for all storms up to and
including a 100-year storm event.
17. 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.
ORDER CONDITIONAL USE PERMIT
(CUP-04-002)
PAGE 3 OF7
POLICE DEPARTMENT
1. The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed three feet in height around the drive through and ATM. Please coordinate the
planting with Chief Musser prior to submitting for a Certificate of Zoning Compliance.
2. Passive lighting should be used to ensure that all public areas are well-lit and visible during
evening hours.
FIRE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
2. Coordinate fire hydrant locations with the Fire Marshall, Joe Silva, prior to
submitting for a Certificate of Occupancy (CZC). Final Approval of the fire hydrant
locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on comers.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside.
4. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
5. Building setbacks shall be per the Building Code for one and two story construction.
6. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature
landscaping.
7. Commercial and office occupancies will require a fire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of
300' apart.
8. 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
ORDER CONDITIONAL USE PERMIT
(CUP-04-002)
PAGE40F7
response by fire and emergency medical service vehicles. This cost ofthis installation is to
be borne by the developer.
B. Adopt the Recommendations of ACHD as follows:
1. Comply with the conditions of approval for MCUPOI-037/MAZOI-018 (EI
Dorado Business Campus).
C. Adopt the Recommendations of Central District Health Department as follows:
1. After written approval from appropriate entities are submitted, we can approve
this proposal for central sewage and central water.
2. Central sewage and central water plans must be submitted to and approved by the
Idaho Department of Health and Welfare, Division of Environmental Quality.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
4. 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.
D. Adopt the action of the City Council taken at their April 6, 2004 meeting as follows:
1. Pertaining to the Five (5) Special Considerations in the Staff Report dated
Transmittal Date: February 26,2004, Hearing Date: March 4, 2004, the applicant
and the Planning and Zoning Department have resolved all 5 issues.
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 S 11-17-8, a copy of which is attached to
this permit.
ORDER CONDITIONAL USE PERMIT
(CUP-04-002)
PAGES OF7
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. Ifthe 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.B.)
ORDER CONDITIONAL USE PERMIT
(CUP-04-002)
PAGE 6 OF7
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 the issuance or denial of the
conditional use permit approval may within twenty-eight (28) days after the date ofthis decision
and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
'2o.f!::- day of
By action of the City Council at its regular meeting held on the
17-;w-J-'-z,
,2004.
Attest
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ORDER CONDITIONAL USE PERMIT
(CUP-04-002)
PAGE 7 OF 7
April 15, 2004
MERIDIAN CITY COUNCIL MEEfING
APPLICANT
April 20, 2004
ITEM NO. 5- M
REQUEST Resolution - Terminating Agent of Record designation for the City of Meridian
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 affached
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Contacted:
Emalled:
Date:
Staff Initials:
Phone:
Materials presented at publfc meetings shall become property of the City of Meridian.
RE
MAR 1 7 2004
Interoffice
Memorandum
City Of I\1ericlian
City Clerk Offiee
To: William G. Berg, Jr. (originals)
Cc: Mayor Tammy de Weerd (via email)
From: William F. Nichols
RE: Resolution and Certificate of Clerk for Terminating Agent of Record
Date: March 17,2004
Please find attached the Resolution and Certificate of Clerk for terminating agent of
record designation for the City of Meridian. This Resolution is now ready to be presented to the
Mayor and City Council.
If you have any questions please advise.
Z:\ Work\M\Meridian\Meridian 15360M\Resolutions City Ha]]\2004\Berg Memo for Res Cert Clk for terminating agent of record 03 17 04.doc
RESOLUTION NO. 04-
1JrJ
BY:
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A RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN
FINDINGS AND PURPOSES; PROVIDING FOR THE TERMINATION OF THE
AGENT OF RECORD DESIGNATION FOR THE CITY OF MERIDIAN.
WHEREAS, Mayor Robert D. Corrie, on December 27,2001 designated Ron Torres as
Agent of Record for the City of Meridian for the employee benefits insurance; and
WHEREAS, Mayor Tammy de Weerd and the City Council have deemed it expedient
and in the best interests ofthe City of Meridian to terminate the appointment of Ron Torres as
Agent of Record for the City of Meridian.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows:
1. The designation of Ron Torres as Agent of Record for the City of Meridian for
employee benefits insurance is terminated effective with the date of this Resolution.
20~
p ASS~. BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of
, i L , 2004.
.
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APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this?t/ day of
/!i)g I'll , 2004.
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ATTEST:
f':) ::
William G. Berg, Jr., City' lerl{ %. ~/.... ,OJo 0 i
~..,o ~a'r 1S"I:. ~ ~
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Resolution Terminating Agenda of Record
Page 1 of 1
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 Ci~, I am the custodian of its records and
minutes and do hereby certify that on the .2t:>t'l- day of ~'- ,2004, the following
action has been taken and authorized.
A RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN
FINDINGS AND PURPOSES; PROVIDING FOR THE TERMINATION OF THE
AGENT OF RECORD DESIGNATION FOR THE CITY OF MERIDIAN.
WHEREAS, Mayor Robert D. Corrie, on December 27,2001 designated Ron Torres as
Agent of Record for the City of Meridian for the employee benefits insurance; and
WHEREAS, Mayor Tammy de Weerd and the City Council have deemed it expedient
and in the best interests of the City of Meridian to terminate the appointment of Ron Torres as
Agent of Record for the City of Meridian.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows:
1. The designation of Ron Torres as Agent of Record for the City of Meri~\OOill1fQr'J
employee benefits insurance is terminated effective with the date of this Resolution. ,,\,\\~~\\or MEIT;;"",,,"
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appeared WILLIAM G. BERG, JR., mown or identified to me to be the City Clerk of the City of
Meridian, Idaho, that executed the said instrument, and aclmowledged to me that he executed the same on
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April 15, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
April 20, 2004
ITEM NO. 5 _ tJ
REQUEST Release of Agreement for Sewer / Water Assessment for the Seventh Day Adventist
Church
AGENCY COMMENTS
CITY CLERK: See attached
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:
MERIDJAN 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:
~?
WI
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
MaterIals presented at public meetIngs shall become property of the City of MeridIan.
April 15, 2004
MERIDIAN CITY COUNCIL MEEfING
APPLICANT
April 20, 2004
ITEM NO. 5- 0
REQUEST Pressure Reducing Vaults (PRV's) and Victory Road Water Line
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 affached
..~
~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
(~E(JEI'lED
APR 15 2004
City Of Meridian
City Clerk Office
Memo
To: Brad Watson
From: Lenard Grady
CC: Gary Smith
Date: 4/15/2004
Re: Proposed Agenda Items for April 20, 2004 City Council Meeting
The Public Works Department respectfully requests the following item(s) be placed on the
April 20 City Council consent agenda:
Pressure Reducina Vaults (PRV's) and Victory Road Water Line Attached is a contract with
Civil Survey for design and easement acquisition for three PRV's in Meridians south~east
area. The PRV's will create a third pressure zone, which is required to compensate for the
higher elevation in this area. Initially, four wells will pump into this zone: Well 14, Well 17,
Well 23 and Well 25. Ultimately, Well 22 will be diverted to this zone.
The PRV's will elevate the water pressure in problem areas such as Observation Point and
South Meridian Greens. Additionally, the PRV's will be designed to dump water to the lower
areas in upset conditions such as a fire. Attached is a plot of the location of the three PRV's.
Also in the contract is design and document preparation of a small section of 12-inch water
line on Victory Road. The contract is for T&M not to exceed $12,150
Recommended Council Action: The Public Works Department recommends
that City Council approve the Contract for $12,150 with Civil Survey for design
of three PRV's and 12"water line and authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any
questions regarding any of these items.
From the desk of.. .
Lenard Grady
Staff Engineer
Meridian Public Works Department
660 E. Walertower, Suite 200
Meridian, Idaho 83642
. Page 1
(208) 898-5500
Fax: (Z08) 898-9551
gradyl@meridiancity.org
Glenn K. Bennett, P.L.S.
President
Civil Survey Consultants, Inc.
100 South Adkins Way
Suite 10 1
Meridian, Idaho 83642
(208)888-4312
Fax 888-0323
Timothy A. Burgess, P.E.
Vice President
April 15, 2004
Len Grady
City of Meridian
660 E. Watertower
Meridian, JD 83642
Re: Pressure Reducing Stations and Victory Road Water Main
Dear Len:
Thank you for considering Civil Survey Consultants to provide professional services for your pressure
reducing station project. The following is our understanding of the scope of services to be provided:
A new pressure reducing station will be installed on Touchmark Way at Franklin Road, on Eagle Road at
Franklin Road, and on SE 5th Way between Tabago Court and Amalie Court. A 12-inch water main will
also be extended on Victory Road fi:om Ten Mile Creek to Locust Grove Road.
For the three pressure reducing stations, Civil Survey Consultants will perform field surveys as
necessary for the design, and will prepare one set of plans and specifications for the City's use in bidding
and constructing the project. The plans and specifications will be submitted to the City of Meridian, Ada
County Highway District, Idaho Transportation Department, Idaho Department of Environmental
Quality, and local utility companies for review and approval prior to construction. Civil Survey
Consultants will answer questions prior to the bid opening and attend the bid opening.
The existing water main on Eagle Road is approximately 17-feet off the edge of pavement. The pressure
reducing station is proposed to be constructed in the gravel shoulder area between the water main and
the edge of pavement. The Idaho Transportation Department requires a "Right-of-Way Encroachment
Application and Permit for Utilities" to be completed for work within Eagle Road. Civil Survey
Consultants will prepare the application for submittal by the City of Meridian.
No field survey will be performed for the design of the pressure reducing station on Eagle Road. Civil
Survey Consultants will use the topographic survey they performed for the Ada County Highway
District's improvements to Franklin Road.
The proposed Victory Road water main extension begins on the east side of Ten Mile Creek and extends
east to Locust Grove Road. A new pipeline will connect to an existing 12" gate valve at Ten Mile
Creek. The new pipeline will be laid along the north side of Victory Road extending to an existing gate
valve at Locust Grove Road.
Grady
April 15, 2004
Sheet 2 of 2
Civil Survey Consultants will update the original Victory Road water main extension plans to include
this segment. This work was previously approved by all of the reviewing agencies and deleted from the
original Victory Road project. It will not be resubmitted for new approval. Formal bidding documents
will not be prepared. A bid schedule will be provided for Meridian's use in soliciting bids. Civil Survey
Consultants will assist the City in soliciting bids.
Civil Survey Consultants will provide construction services for both projects under this scope of
services. Construction services will include one set of construction stakes, random field inspections,
preparation of change orders if necessary and preparation of record drawings. Full time construction
observation is not included in this scope of services.
The City of Meridian will provide all available information, arrange for utilities to be marked for plan
preparation, perform plan reviews, conduct the bid opening, prepare and execute all construction
contract documents, and provide construction administration including full time construction
observation.
We propose to provide the Design Services as outlined above on a time and materials basis with a not to
exceed amount of$12,150 without prior approval of the City of Meridian.
If the proposed scope of services and fee estimates are acceptable please sign and return one copy of the
enclosed Agreement for Professional Services.
Sincerely,
Civil Survey Consultants, Inc.
~/~
Corey Peacock, E.LT.
CIVIL SURVEY CONSULTANTS, INC.
AGREEMENT FOR PROFESSIONAL SERVICES
Project No.
THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY
CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this _day of
, 20_ The CLIENT and CSC in consideration of their mutual covenants
herein agree as set forth below.
The Client intends to construct a pressure reducing station on Touchmark Way, Eagle Road, and SE 5th Way, and to extend a
l2-inch water main on Victory Road ii-om Ten Mile Creek to Locust Grove Road, hereinafter referred to as the PROJECT.
CLIENT INFORMATION AND RESPONSIBILITIES
The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information
as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements,
flexibility and expand ability needs, any'budgetary limitations, and copies of all design and construction standards which
CLIENT will require to be incorporated in the Drawings and Specifications.
The CLIENT wiIl also provide to CSC all associated project information including data prepared by others; soil borings,
probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and
equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property
descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available;
all of which CSC may use and rely upon in performing services under this Agreement.
The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform
services under this Agreement.
SERVICES TO BE PERFORMED BY CSC
CSC will provide services as outlined in the attached letter dated April 15, 2004.
BASIS OF FEE AND BILLING SCHEDULE
The Client will pay CSC for services provided under this Agreement per the attached letter dated April 15, 2004.
Notice to Proceed, either verbal or written, shaH constitute acceptance of this Agreement by the CLIENT. THE TERt\1S
AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND
CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
above written.
City of Meridian
33 E. Idaho Avenue
Meridian, Idaho 83642
Civil Survey Consultants, Inc.
100 South Adkins Way, Suite 101
Meridian, Id,
BY:
NAME:
TITLE:
ATTEST BY:
NAME:
TITLE:
APPROVED BY CITY COUNCIL:
BY:
CIVIL SURVEY CONSULTANTS, INC.
TERMS AND CONDITIONS
GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project
described in this Agreement. These services will be performed in accordance with generally accepted professional practices
for the intended use of the project. CSC makes no other warranty either expressed or implied.
CSC shall not be responsible for acts or omissions of any party involved in the Project other than their own. CSC shall not be
responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by
CSc.
CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have
authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by
Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to
comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their
work Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume
responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents.
The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points
and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional
services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by
professionals providing soils testing or geoteclmical advice.
Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and material basis in
addition to any other payment provided in this Agreement.
OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional
services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor,
materials, equipment or services fmuished by others, or over the Contractor(s)' methods of determining prices, or over
competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience
and represents CSC's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or
estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. The CLIENT
agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of
PROJECT costs.
Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be
considered additional and beyond the scope of this Agreement unless specifically stated othelwise in this Agreement.
REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSc. The
CLIENT agrees that no product will be reused without specific written permission oECSe. The CLIENT agrees to indemnify
and hold cse harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products
prepared by CSC for the PROJECT.
GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of
this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this
Agreement.
SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the partners, successors, executors,
administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in
respect of all covenants, agreements and obligations of this Agreement.
Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than
CLIENT and esc, and all duties and responsibilities undertaken pursuant to this Agreement will be for tlle sole and exclusive
benefit of CLIENT and CSC and not for the benefit of any other party.
TIMES OF PAYMENTS - CSC shall submit monthly statements for services rendered and for Reimbursable Expenses
incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due esc for services and
expenses within thirty (30) days after receipt of CSC's statement therefor, the amounts due esc will be increased at the rate of
1.5% per mOllth from said tenth day, and in addition, esc may, after giving ten days' written notice to CLIENT, suspend
services under this Agreement until esc has been paid in full all amounts due for services, expenses and charges.
TERMINA nON - The obligation to provide fUliher services under this Agreement may be terminated by either party upon
thirty days' written notice. Such termination shall be based upon substantial lack of petformance by the other party under the
terms and conditions oftl1is Agreement when said substantial lack of performance is tlrrough no fault of the terminating party.
If this Agreement is terminated by either party, CSC shall be paid for services rendered and for reimbursable expenses
incurred to the date of such termination.
HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not
anticipate either the presence or remediation of hazardous waste ancIJor asbestos. Hazardous materials may exist where there
is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous
materials constitutes a changed condition mandating a renegotiation of the scope of work or tenuination of services. ese and
the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for esc to take
immediate measures to protect human health and safety, ancIJor the environment. CSC agrees to notify the CLIENT as soon
as practically possible should unanticipated hazardous materials or suspected hazardous materials be encolmtered. The
CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect
the health and safety of esC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate cse
for the additional cost of such work. In addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend
and hold cse harmless fi.om any claim or liability for injury or loss arising from esC's encountering llilanticipated hazardous
materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses
incurred by cse in defense of any such claim, with such compensation to be based upon CSC's prevailing fee schedule and
expense reimbursement policy.
DISPUTE RESOLUTION - All claims, disputes or controversies arising out of, or in relation to the interpretation, application
or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative
dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative
dispute resolution technique shall precede litigation or recourse to other judicial forums.
RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the
other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other
judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's
fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party
and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing
for depositions, responding to interrogatories, and so on. The value oftime spent and the expenses incurred shall, on esc's
. pmt, be computed based upon esC's prevailing fee schedule and expense reimbursement policy relative to the recovery of
direct project costs.
EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and CSC
and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by
written instrument signed by both CLIENT and CSC.
Glenn K. Bennett, P.L.S.
President
Timothy A. Burgess, P.E.
Vi ce President
Civil Survey Consultants, Inc.
roo South Adkins Way
Suite 101
Meridian, Idaho 83642
(208)888-4312
Fa.x 888-0323
CIVIL SURVEY CONSULTANTS
PREVAILING FEE SCHEDULE
EFFECTIVE OCTOBER r, 2002
Labor:
Project Manager
Chief of Surveys
Project Engineer
Design Engineer
Design/Survey Teclmician 1
Design/Survey Technician 2
Direct Expenses:
GPS
Vehicle 2-Wheel Drive
Vehicle 4-Wheel Drive
Outside Printing
Long Distance Telephone
Sub-Consultants
- $ 90.00 per hour
- $ 90.00 per hOUT
- $ 70.00 per hour
- $ 65.00 per hour
- $ 60.00 per hour
- $ 55.00 per hour
- $ 40.00 per hOUT
- $ No Charge
- $ No Charge
- $ Cost
- $ Cost
- $ Cost
Civil Survey Consultants
Man-hour Estimate
City of Meridian
Touchmark Way PRV
Task Description Project Chief Project Design Technician I Tech nician I GPS Total
Manaaer of Surveys EnQineer EnQineer
1. Coordination and Meetings 1 1 2
2. Desian Surveys 4 4 4
3. Cover Sheet (1) 1 1
4. Standard Detail Sheet (1) 1 1
5. Plan Sheets (1) 1 12 13
6. PRV Detail Sheet (1) 1 1
7. Contract Documents 4 4
8. Bid Schedule & Estimate 1 1 2
9. Utility Coordination 1 1
10. ACHD Coordination 1 1
11. Review and Aooroval 1 1 3 5
12. Construction 1 3 2 5 2 11
Total Man-Hours 3 0 13 0 6 24 6 46
Class ification Hours Rate Total
Proiect Manaoer 3.00 $90.00 ::: 5270.00
Chief of Survevs 0.00 $90.00 = $0.00
Project Enaineer 13.00 $70.00 - $910.00
DesiQn Enaineer 0.00 $65.00 - $0.00
Technician I 6.00 $60.00 ::: $360.00
Technician" 24.00 $55.00 ::: $1.320.00
labor Subtotal 46.00 $2,860.00
Classification Hrs/MiJes Rate Total
Misc. Printina $50.00
GPS 6.00 @ $40.00 - 5240.00
Direct Subtotal $290.00
Total Design Fees
$3,150.00
wo
4/15/2004
Civil Survey Consultants
Man-hour Estimate
City of Meridian
SE 5th WAY PRY
Task Description Project Chief Project Design Technician I Technician I GPS Total
Manaqer of Surveys Enqineer Enqineer
1. Coordination and Meetinos 0
2. Desion Surveys 4 4 4
3. Cover Sheet (1) 0
4. Standard Detail Sheet (1) . . . 0
5. Plan Sheets (1) 1 12 13
6. PRY Detail Sheet (1) 1 1
7. Contract Documents 4 4
8. Bid Schedule & Estimate 1 1 2
9. Utility Coordination 1 1
10. ACHD Coordination 1 1
11. Review and AODroval 1 1 3 5
12. Construction 1 3 2 5 2 11
Total Man-Hours 2 0 12 0 6 22 6 42
Classification Hours Rate Total
Project Manaqer 2.00 $90.00 = $180.00
Ch ief of Surveys 0.00 $90.00 - $0.00
Proiect Enqineer 12.00 $70.00 - $840.00
Design Enqineer 0.00 $65.00 = $0.00
T echnicia n I 6.00 I $60.00 - $360.00
Technician JJ 22.00 ~ $55.00 - $1,210.00
labor Subtotal 42.00 $2,590.00
Classification Hrs/Miles Rate Total
Misc. Printino $50.00
GPS 6.00 @ $40.00 - $240.00
Direct Subtotal $290.00
Total Design Fees
$2,880.00
wo
4/15/2004
Civil Survey Consultants
Man-hour Estimate
City of Meridian
Eagle Road PRV
Task Description Project Chief Project Design Technician I Technician r GPS Total
Manager of Survevs Enqineer Enqineer
1. Coordination and MeetinQs 0
2. Desian Surveys 0
3. Cover Sheet (1) 0
4. Standard Detail Sheet (1) 0
5. Plan Sheets (1) 3 12 15
6. PRV Detail Sheet (1) 1 1
7. Contract Documents . 4 4
8. Bid Schedule & Estimate 1 1 2
9. ITD Permit 8 8
10. Utility Coordination 1 1
11. ACHD Coord ination 1 1
12. Review and Approval 1 1 3 5
13. Construction 1 3 2 5 2 11
Total Man-Hours 2 0 22 0 2 22 2 48
Classification Hours Rate Total
Proiect Manaoer 2.00 $90.00 - $180.00
Chief of Surveys 0.00 $90.00 - $0.00
Proiect Enoineer 22.00 $70.00 = $1,540.00
Desion Enoineer 0.00 $65.00 ::: $0.00
Technician I 2.00 $60.00 - $120.00
Technician II 22.00 $55.00 ::: $1,210.00
Labor Subtotal 48.00 $3,050.00
Classification HrsJMiles Rate Total
Misc. Printino $50.00
GPS 2.00 (ci) $40.00 = $80.00
Direct Subtotal $130.00
Total Design Fees
$3,180.00
wo
4/15/2004
I \
Civil Survey Consultants
Man-hour Estimate
City of Meridian
Victory Road Water Main
Task Description Project Chief Project Design Technician J Technician I GPS Total
Manaoer of Surveys Enqineer Enaineer
1. Coordination and Meetinqs 1 1 2
2. Cover Sheet(1) 1 1
3. Standard Detail Sheet {1 \ 1 1
4. Plan Sheets {1\ 1 a 9
5. Bid Schedule & Estimate 1 2 3
6. Utility Coordination 0
7. ACHD Coordination 4 4
8. Review and Approval 0
9. Construction 1 4 4 16 4 25
Total Man-Hours 2 0 11 0 4 28 4 45
Classification Hours Rate Total
Proieet Manaqer 2.00 $90.00 - $180.00
Chief of Surveys 0.00 $90.00 - $0.00
Proieet Enaineer 11.00 $70.00 = $770.00
DesiQn Enqineer 0.00 $65.00 = $0.00
T echnJcian I 4.00 $60.00 '" $240.00
Technician II 28.00 $55.00 = $1,540.00
Labor Subtotal 45.00 $2,730.00
Classification Hrs/Miles Rate Total
Misc. Printinq $50.00
GPS 4.00 @ $40.00 ::: $160.00
Direct Subtotal $210.00
Tptal Design Fees
$2,940.00
wo
4/15/2004
April 15, 2004
MERIDIAN CITY COUNCIL MEEfING
APPLICANT
April 20,2004
ITEM NO. 5- P
REQUEST Centrate Equiliation Tank Design Project
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATIORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SEfTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
/
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of MerIdian.
City of Meridian
Public Works Dept.
1 3 2004
Memo
City Of Meridian
Fi'o.V "1 1 Offi
\At,y'l,.; er(. . co
To: William Berg, Jr.; Tara Green
From: Clint Dolsby
CC: Brad Watson; Gary Smith
Date: 4/13/2004
Re: Proposed Agenda Item for April 20, 2004 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the April
20 City Council agenda, under Consent Agenda, for Council's consideration:
Centrale Equalization Tank Desion Proiect. Carollo Engineers has submitted a task order,
scope of work, and budget for this design project. They propose to complete the work for
$74,000. This is an extension of the agreement between the City of Meridian and Carollo
Engineers dated the 23rd of July, 2002 for the Wastewater Treatment Plant Facility Plan
Update Project.
This project consists of engineering services for the preliminary and detailed design of an
equalization tank to retain and reduce the ammonia concentration in centrate retum flow
drained to the headworks.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for the Centrale Equalization Tank
Design Project with Carollo Engineers for $74JooO and authorize the Mayor to
sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. Page 1
April 15, 2004
MERIDIAN CITY COUNCIL MEEfING
APPLICANT
April 20, 2004
ITEM NO. S- G?
REQUEST Approve Beer. Wine, and Liquor License Renewals
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
/
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
April 1 5, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
April 20, 2004
6,R.
ITEM NO.
REQUEST Agreement for Hookup to the City of Meridian's sewer system, outside the City Limits
for Goldcreek Developers, LLC (James Jewett) for Westborough Subdivision
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
~?
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
APR 1 [1 2004
Memo
City Of J\lericlian
City Clerk Office
To: Mayor de Weerd & City Council
From: Karie Glenn
cc: File, Gary Smith, PE, Brad Watson, PE, City Clerk
Date: 4/12/2004
Re: Proposed Agenda Items for 4/20/04 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
4/20/04 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Agreement for Hookup to the City of Meridian's sewer system, outside the City
Limits for Goldcreek Developers, LLC (James Jewett) for Westborough
Subdivision.
Recommended Council Action: Approve the Agreement for Hookup to the City
of Meridian's sewer system, outside the City Limits for Goldcreek Developers,
LLC (James Jewett) and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
AGREE:MENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM
OUTSIDE THE CITY LIMITS
THIS AGREEMENT is made and entered into this f{I!!- day of
4fJI{rl , 2004, by and between CITY OF MERIDIAN, a Municipal corporation
of the State ofIdaho, hereinafter referred to as "CITY", and GOLDCREEK DEVELOPERS,
LLC, and STETSON LP, as hereinafter defined, and hereinafter referred to as "SEWER
USER" .
1.
RECITALS:
1.1 WHEREAS, Goldcreek Developers LLC, and Stetson LP are the owners,
in law and/or in equity of certain tract of land in the County of Ada, State
ofIdaho, described in Exhibit "A", which is attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter referred to
as the "Property"; and
1.2 WHEREAS, Idaho Code S50-323, provides and empowers cities to
establish, create, develop, maintain and operate sewer systems; and
1.3 WHEREAS, "City" operates and maintains and develops a sewer system;
and
1.4 WHEREAS, the "City" has enacted an ordinance governing its sewer.
system codified in Meridian City Code 9 9-4-26; and
1.5 WHEREAS, Goldcreek Developers LLC, and Stetson LP are the owners
of "Real Property" hereinafter described which is presently located
outside of the city limits of the "City"; and
1.6 WHEREAS, the "Sewer User" is desirous of obtaining connection to the
sewer to serve the "Real Property" and the "City" is willing to allow that
connection to the sewer service to the "Sewer User" subject to the terms
and conditions and consideration of this agreement, and it is specifically
agreed that as a specific consideration of the "City' s" ~llingness to enter
into this agreemt:?nt that the "City's" "Ordinance" and
"PolicyJRegulationr;;" which govern its sewer system be included as terms
and conditions of this agreement and that the "Sewer User" provide
perpetual consent to annexation of the "Real Property" in to the "City".
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY L.ll\1.ITS
GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) /PAGE 1
2.
DEFINITIONS:
For all purposes of this agreement the following words, terms, and phrases herein
contained in this section shall be defmed and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
2.1 "City": means and refers to the City of Meridian, County of Ada, State of
Idaho.
2.2 "Sewer User": means and shall refer to Goldcreek Developers, LLC and
Stetson LP, and/or the person who is the developer of the real property.
2.3 "Real Property": means and shall refer to certain parcel( s) of real
property located in the COlUlty of Ada, City of Meridian as described in
Exhibit "A", attached hereto and by this reference incorporated herein as if
set forth at length together with improvements thereon.
2.4 "Ordinance": means and shall refer to the City's ordinances that appertain
to the regulation and control and use of its sewer system presently codified
at Chapter 4 of Title 9 of Mericlian City Code, and this defInition
specifically includes any prospective amendments and/or recodifications to
said ordinance or any parts thereof, and shall also refer to any other
ordinance of the City of Meridian governing the "Sewer System".
2.5 "Policy/Regulations": means and shall refer to any City Council enacted
policy and/or regulation of its sewer system.
2.6 "Sewer System": means and shall refer to the City's sewer system.
NOW THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
3.
INCORPORATION OF RECITALS:
That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
4.
PROVISION OF SEWER HOOKUP SERVICE:
The developer proposes to install a private pressurized sewage collection system
with individual lot grinder prunps to prunp the sewage to the sewer main that the City installed in
North Locust Grove Road. To improve the flow, the developer is proposing to tie the upstream
end of these services into a concrete junction structure with temporary plugs into the gravity
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SE\VER SYSlEM OUTSIDE THE CITY LIMITS
GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) / PAGE 2
service line until they can be connected to the future sewer main scheduled for Jericho Road. For
the time being, waste water would flow from the house into the junction structure and exit down
a secondary gravity line which would then drain to an adjacent wet-well structure with a grinder
pump. The waste water would then be forced through pressure sewer main running down the
back of the residential lots. This pressure main would manifold waste water from the five
residential lots drain into the sanitary sewer main located in Locust Grove Road.
The "City" agrees to allow a connection to the "Sewer System" to service the
"Real Property" subject to the terms and conditions of this Agreement, which is conditioned
upon the following:
1. The "Sewer User" shall be responsible for constructing the sewer service
extensions from each residential home to Jericho Road, which shall tie
into the future extension of a sewer line to this area.
2. The "Sewer User" offers, to the City of Meridian, a well site upon the
property at a fair market value, to be determined by an appraiser, less a
donation to the City by Goldcreek Developers, LLC, so that the net cost to
the City will be $20,000.00.
3. The "Sewer User" shall enter into a Water and Sewer Service Agreement
with the City of Meridian for the 5-acre future commercial lot, located in
the northwest area of the property, and shall additionally work out the
details of the Agreement with the Public Works Department. Additionally
until gravity sewer service is available, the 5-acre future comrnerciallot
shall be allowed to build only uses which are presently allowed in the
current Ada County Zoning.
4. The "Sewer User" shall provide a Consent to Annexation Agreement for
each of the five residential building lots of West borough Subdivision. The
Consent Agreement shall inform any potential buyer of a residential
building lot that when the subdivision becomes contiguous to the City of
Meridian city limits, and the City extends its sanitary sewer and domestic
water to the property, that the five residential building lots will be annexed
into the City of Meridian.
5. The "Sewer User" shall be required to supply an R.E. 22 Purchase & Sales
Agreement For Pre-Sold New Construction form and an RE-25 Seller's
Property Disclosure Form whenever a residential building lot is sold to
inform the prospective buyer that the lot will have to be annexed into the
City of Meridian when the City becomes contiguous to, and, when the City
extends its sewer and water service to the property. Additionally, if the
building lot is sold without a licensed realtor, then and in that case, the
Consent To Annexation Agreement, which would have been recorded
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS
GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) / PAGE 3
against the property, would then tie the property into annexation into the
City of Meridian, and to connect to the sewer and water service when it
becomes available.
6. Westborough shall submit engineering plans for the pressure sewer
. discharge into the public sewer main.
7. Westborough shall pay a sewer assessment fee for each of the five
residential lots and the five acre commercial lot prior to Ada County
issuing a building permit for each lot. Westborough shall also execute
Non-Build and Non-Occupancy Agreements, similar to those agreements
executed for the Vienna Woods Subdivision.
8. Westborough shall deposit with the City of Meridian, $7605.00 as its 50%
of the estimated cost for constructing an eight-inch diameter sewer main,
with manholes, and service lines to each of their five lots, from the south
end of Jericho Road to a point approximately 860 feet north.
Westborough shall provide the construction cost estimate to the Public
Warks Department for review and approval. This deposit shall be
submitted to Public Works prior to release of the Non-Build Agreement.
9. Westborough shall submit a statement to the City as to how the private
sewage collection and pumping system shall be operated and maintained.
It is important that future residents of these lots know someone other than
the City is responsible for their system maintenance even though they will
be receiving a monthly billing from the City for sewer service.
10. Westborough shall submit evidence of approval of this pressurized sewage
collection and pumping system from the appropriate agency having
jurisdiction.
11. The water connection shall be required when the water line has been
extended to the property.
12. Future Water Connection: Upon transfer oftbis property to any other
person, or upon change in use of the real property, the owner, their
successors or assigns, shall at their expense make connection to the City
water system and pay all fees associated therewith. Failure to make the
water connection will be grounds for discontinuance of City sewer service.
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS
GOLDCREEKDEVELOPERS, LLC (JAMES L. JEWETT) /PAGE 4
5.
CONDITIONS AND REQUIREMENTS OF SEWER USER FOR THE
HOOKUP OF THE SEWER LINE TO THE REAL PROPERTY:
-
The physical hookup and assessment costs relative to the "Sewer System"
connection shall be the responsibility of the "Sewer User", pertaining to the future permanent
hookup.
6.
ORDINANCE APPLICATION:
The "Ordinance" and "PolicylRegulations" apply to the sewer service
and connection and are herein incorporated as specific terms of this agreement and at such time
or times as the "Ordinance" and/or "PolicyIRegulations" is/are amended or recodified, this
agreement is automatically amended in accordance therewith.
7.
ANNEXATION:
The "Sewer Usertt is required to immediately submit an application for annexation
of the "Real Propertytt, which is a condition precedent to the nSewer User'stt eligibility for the
"Real Propertyll sewer service connection fee within the City limit rates. The "Sewer User"
herein gives irrevocable consent to such annexation, agrees to pay the annexation application fee,
agrees to apply for annexation, and diligently pursue annexation into the City. This provision of
this Agreement is a written request and application for such annexation in accordance with I.e. S
50-222 or any amendments or recodification of said statute.
8.
HOOKUP AND SERVICE FEES:
The charges for hookup, inspection, and service fees shall be in accordance with
the provisions of the "Ordinance" and/or "PolicylRegulations" as are applicable for real
properties outside of the city limits.
9.
REQmREMENT FOR RECORDATION:
"City" shall record either a memorandum of this Agreement or this Agreement,
including all of the Exhibits, at "Sewer User" cost, and submit proof of such recording to "Sewer
User".
10.
DEFAULT:
Any failure to perform the terms and conditions of this agreement shall be a
default.
11.
RElVIEDIES:
11.1 This Agreement shall be enforceable in any court of competent jurisdiction
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LTh1ITS
GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) / PAGE 5
by either "City" or "Sewer User", or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of
the covenants, agreements, conditions, and obligations contained herein.
In addition, remedies available to the City include but are not limited to,
termination of sewer service to all users located on the real property
covered by this agreement.
11.2 In the event of a default, written Notice of Default shall be served and
defaulting party shall then have thirty (30) days after delivery of notice of
default to correct the same before the non-defaulting party may seek any
remedy provided for herein. '
11.3 In the event the performance of any covenant to be performed hereunder
by either "Sewer User" 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.
12.
NOTICES:
12.1 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:
c/o Meridian City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
PROPERTY OWNER:
Goldcreek Developers, LLC
Stetson Properties, LP
6223 N. Discovery Way
Boise, Idaho 83713
with copy to:
DEVELOPER:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
Goldcreek Developers, LLC
James L. Jewett
6223 N. Discovery Way
Boise, Idaho 83713
12.2 A party shall have the right to change their address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMlTS
GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) / PAGE 6
13.
ATTORNEY FEES:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between.the parties and
shall survive any default, termination or forfeiture of this Agreement.
14.
TIME IS OF THE ESSENCE:
The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof, and that the failure to timely
perform any of the obligations hereunder shall constitute a breach of and a default under this
Agreement by the other party so failing to perform.
15.
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 of the
property, each subsequent owner and each other person acquiring an interest in the Property.
Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed.
16.
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 therefrom and the invalidity thereof
shall not affect any of the other provisions contained herein.
17.
FINAL AGREEMENT:
This Agreement sets forth all promises, inducements, agreements, condition and
understandings between "Sewer User" 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 "Sewer User" and "City", other than as are stated herein. Except Cis 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", a duly adopted
resolution of "City".
18.
EFFECTNE DATE:
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY Lllv1lTS
GOLDCREEK DEVELOPERS, LLC (JAMES 1. JEWETT) I PAGE 7
This Agreement shall be effective at such time as both parties have executed this
Agreement.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
PROPERTY OWNER
~~~~--
Stetson Properties LP by;
Eck Properties LLC by;
Tim W Eck, Member
Divi e Development Inc., Member
Robert R Bass, President
CITY OF MERIDIAN
MAYOR TAMMY de WEERD
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
BY RESOLUTION NO.
AGREEMENT FOR HOOKUP TO THE CITY OF
:MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS
GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) / PAGE 8
. On this f<}f"-- day of {J/Jr;j , in the year 2004, before me, a
Notary Public, personally appeared Robert R Bass President, Dividend Development Inc., known
or identified to me to be the person who executed the instrument on behalf of said Goldcreek
Developers, LLC, and acknowledged to me that he executed the same.
IN VlITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day ~d"?,OOI. lTI this certificate first above written.
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STATE OF IDAHO, )
: ss.
County of Ada )
On this day of , in the year 2004, before me, a
Notary Public, personally appeared T.AMIv1Y de WEERD and WILLIAM G. BERG, JR., known
or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who
executed the instrument or the persons that executed the instrument on behalf of said City, and
acknowledged to me that such City executed the same.
IN VlITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
Z:\Work\M\Meridian\Meridian 15360M\Westborough Sub Sewer Hookup Outside City Lirnits\SewerHookupAgmt.doc
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LllvITTS
GOLD CREEK DEVELOPERS, LLC (JAMES L. JEWETT) I PAGE 10
STATE OF IDAHO, )
: ss.
County of Ada )
On this ~.y'1) day of ~\( ( \ ' in the year 2004, before me, a
Notary Public, personally appeared Ti~ck, on behalf of the Stetson Properties LP, known or
identified to me to be the person who executed the instrument, and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and year in this certificate first above written.
(SEAL)
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STATE OF IDAHO, )
: ss.
County of Ada )
On this 'B'f-A) day of ~ '\ \ , in the year 2004, before me, a
Notary Public, personally appeared James ~. Jewett, Goldcreek Developers, LLC, known or
identified to me to be the person who executed the instrument on behalf of said Goldcreek
Developers, LLC, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and yeaT .w.thi~ certificate first above written.
,;i' ""
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STATEOFIDAHO, )
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County of Ada )
~
Notary Publ for Idaho
Residing at: . ~
My Commission Expires: q -t.f-tJ1-
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS
GOLDCREEK DEVELOPERS, LLC (JAlv[ES L. JEWEIT) / PAGE 9
April 15, 2004
MERIDIAN CITY COUNCIL MEEfING April 20, 2004
APPLICANT Planning and Zoning Dept - Anna Powell
REQUEST Diane Kushlan Consulting Services
Department Reports
ITEM NO. _Lo~ B- \
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See affached
~
#v{rr
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
rQ.!;C ol Vol ol
Tara Green
From: Will Berg
Sent: Tuesday, April 13, 20042:26 PM
To: Jessica Johnson; Tara Green
Subject: FW: Department Report 4-20-04
APR 1 3 2004
City Of Meridiem
City Clerk Office
~~~~~Original Message-----
From: Anna Powell [mailto:powella@meridiancity.org]
Sent: Tuesday, April 13, 2004 1:51 PM
To: 'Will Berg'
Subject: Department Report
Will,
Would you please put a P&Z Department Report on the April 20th agenda to discuss Diane Kushlan Consulting
Services? I have attached a memo for distribution to the Mayor and Council.
Amla Borchm Powell, AlCP
City afMeridiml Plmming Director
660 E. Watertower Lane, Suite 202
Meridian, ID 83642
(208) 884-5533 pho1te
(208) 888-6854 facsimile
p01vella@meridiancity.otg e-mail
4/13/2004
MEMORANDUM
TO:
FROM:
DATE:
RE:
:rvfA YOR AND COUNCIL
ANNA BORCHERS PO\VELL, AICP
PLANNING DIRECTOR
APRIL 13, 2004
CODE AMENDMENTS
Staff and consultant have recently completed the first phase of amendments to the City's Zoning and
Subdivision codes. This work has involved a comprehensive review of the existing codes and
proposed amendments with the objectives to:
1. Improve consistency in format and language;
2. Support direction of the Comprehensive Plan;
3. Respond to issues not currently addressed by the code;
4. Reduce processing time, clarify procedures and reduce the number of conditional use
permits; and
5. Reflect current uses and contemporary land use practices.
The second phase of this project is to review the proposed code with the Process Improvement
Group and incorporate their recommendations for further changes. The first meeting of the group
was on April 1 st, The group is meeting weekly and it is anticipated that they will complete their review
within three months.
Additional consultant services are requested to support the work of the Process Improvement Group
in completing this project. The planning services that will be provided would be as follows:
1. Attend all meetings of the Group.
2. Prepare materials in advance of the meeting including an agenda, summary of
changes, comparison with the existing and proposed codes, and points for focus
discussion of the Group.
3. Take notes of issues and questions from the meeting.
4. Respond to questions and facilitate discussion at the meetings.
5. Prepare revisions to the draft Code as a result of the Group's comments.
6. Maintain a record of changes from the Group.
7. Communicate and coordinate with staff on progress of the meetings.
In anticipation of twelve meetings at two hours length and an equal amount of preparation and
follow-up time, 48 hours are anticipated to complete this work. (48 hours @ $65/hour = $3120, plus
any out of pocket expenses to be authorized in advance.
I do have this money available in my consulting budget. I would like authorization to proceed.
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT
660 E. WATERTO\VER ROAD
MERIDIAN, ID 83642
April 15, 2004
MERIDIAN CITY COUNCIL MEEflNG April 20, 2004
APPLICANT Police Department -- Bill Musser
REQUEST National Fast Draw Championship Presentation
Department Reports
ITEM NO. W- C.-I
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT;
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
~
r
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
';eHONEiCA;LL
A"M.
P.M"
Rampionships 2004
~ at
SJGNED
CIFDA Sanctioned Match
Celebrity Charity Match for Cystic Fibrosis May 6th - 9:00 - 5:00
Main Match. May 7th & 8th
May 7th - 7:00 a.m. Registration,
Event 8:00 a.m. - 8:00 p.m.,
May 8th - Event 7:00 a.M. Banquet at 6:00 p.m.
I
!!ij
COME WATCH, or COME TRY IT OUT
$3.00 PER PERSON TO ENTER EVENT AREA - KIDS ENTER. FREE
FREE LASER SHOOT from BEAMMIT
TRY COWBOY ACTION SHOOTING. $5.00 FOR 10 SHOTS - Wax Bullets
BID TO SHOOT WITH TOP SHOOTERS AND CELEBRITIES
$1,900 in prize merchandise for each member of the top team!
A team is comprised of two people.
Celebrities include: Western actor Buck Taylor, World Record WFD holders Cal Eirich
and Bob Mernickle, CF'DA President Brad Hemmah, writers
John Taffin and Kirby Jonas, plus more.
All proceeds from the celebrity shoot on May 6th go to the Cystic Fibrosis Foundation.
Main Match Cash & Merchandise Prizes
Prizes go to Top 15 Men, Top 10 Women, Top Men's Senior,
Top Ladies Senior, Top Junior
Wl2J~~l rb~atch
to
'1
Get your applications in early!
$145 entry fee plus $45 CfDA membership fee
For more information or for applications contact Shoot! Magazine: 208-368w9920, info@shootmagazine.com, www.ShootMagazine.com.
applications are also available at Sportsman's Warehouse, Shooting World, Shapels Gun Shop, and Boise Gun Company.
" i
I
".. ~
2
3
April 15, 2004
MERIDIAN CITY COUNCIL MEEfING
APPLICANT
April 20, 2004
ITEM NO. ~
REQUEST Ordinance - Pretreatment / Sewer User Amended Ordinance
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Ordinance
rrr~? 10'10
(f$; OI.V
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materlcls presented at publiC meeUngs shall become property of the City of Meridian.
WHITE PETERSON
ArrORNEYS AT LAw
KEVIN DINIUS
JULIE KLEIN FISCHER
CHRISTOPHER D. GABBERT
WM. F. GrGRAY, Irr
T. GUY HALLAM"
JILL S. HOLINKA
JOHN R. KORMAN!!: *
WILLIAM A. MORROW
WILLIAM F. NICHOLS"
CANYON PARK ATTHE IDAHO CENTER
5700 E. FRANKLIN RD., SUITE 200
NAMPA, IDAHO 83687-7901
TEL (20S) 466-9272
FAX(208) 466-4405
CHR!STOPHERS. NYE
PHILIP A. PETERSON
TODDA. ROSSMAN
TERRENCER. WHITE*"'
* Also admitted in (
** Also admitted in (
*** Also admitted in V
April 8, 2004
William G. Berg, Jr., City Clerk
Meridian City Hall
33 East Idaho St.
Meridian, Idaho 83642
RECEIVED
APR 1 5 2004
City Of MeridiaJ.l
City Clerk Office
Re: Pretreatment / Sewer User Amended Ordinance
Dear Will:
Attached you will find the ordinance pertaining to the Pretreatment I Sewer User
Amended Ordinance for the City of Meridian. Please place this ordinance upon one of
the upcoming Pre-Council agendas for their review. Upon Pre-Council approval, the
ordinance may then be placed for an upcoming City Council regular agenda for approval
and passage.
Additionally, I have attached the Summary Ordinance and cover letter on this
matter.
If you have any questions or need anything further with regard to this ordinance,
please advise.
Very truly yours,
Wm. F. Nichols
z:\ Work\M\Meridian\Mcridian 15360M\Ordinances City Hal1\2004 On:l\Berg Prclrcatrnnt Sewer User Amend Ord L TR 04 08 04.doc
(
CITY OF MERIDIAN
ORDINANCENO.04- 107E?
/u;l;v ;)/rd./
BY:
AN ORDINANCE AMENDING THE FOLLOWING SECTIONS, SECTION 9-2-
2(D) LOCAL LIMITS TO PROVIDE FOR REVISIONS TO MAXIMUM DAILY
CONCENTRATION (mg/l) AND TO ADD A NEW PARAGRAPH ON
STRINGENT LIMITS OR RULES, SECTION 9-4-2 DEFINITIONS AND
SPECIFICALLY THE DEFINTION OF "SEWAGE OR WASTE MATTER" TO
REMOVE LANGUAGE FROM THE DEFINITON AND TO ADD A NEW
PARAGRAPH ON STRINGENT LIMITS OR RULES, SECTION 9-4-4 CITY
AUTHORITY TO REMOVE AND ADD LANGUAGE TO THIS SECTION AND
TO ADD A NEW PARAGRAPH ON STRINGENT LIMITS OR RULES, AND
SECTION 9-4-24 SEWER USER CHARGES AND CONNECTION FEES TO
REMOVE AND ADD LANGUAGE TO SECTION, FOR THE CITY OF
MERIDIAN, IDAHO, OF CHAPTERS 2 AND 4 OF TITLE 9 OF THE MERIDIAN
CITY CODE; PROVIDING FOR APPEALS, CONFLICT, V ALIDITY, 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 2(D) Chapter 2 Title 9 Local Limits of the Meridian City
Code, be, and the same is hereby amended and shall now read as follows:
9-2-2(D) Local Limits: The following pollutant limits are established to protect
against pass through and interference. No person shall discharge
wastewater containing in excess of the following discharge limits:
Maximum Daily
Concentration (mg/I)
Parameter
Arsenic
Cadmium
Chromium (total)
Copper
Cyanide (total)
~ 0.88*
G-:-l+ 0.69
2.77
3.38
HG-1.03
Amended Pretreatment / Sewer User Ordinance
Page 1 of 11
Iron
Lead
Mercury
Nickel
Silver
Zinc
TOTAL ORGANICS (TTO)
* Nonmetal finishing standards.
1.50 *
0.69
~0.001
J.,.9.8- 5 . 81
0.43
2.61
2.13**
** See list of organic chemicals included in total toxic organics (ITO)
regulated under electroplating and metal finishing categories maintained at
the Meridian sewer plant.
The following pollutants are regulated to ensure compliance with the City's
NPDES Permit. Pollutant limits will be established by the Superintendent or
his or her designee:
BOD (biochemical oxygen demand)
COD (chemical oxygen demand)
TSS (total suspended solids)
E. Coli
Total Ammonia as N
Total Kjeldahl Nitrogen
Nitrate-Nitrite
Total Phosphorus
Ortho-Phosphate
Turbidity
Temperature
Hardness
pH
Dissolved Oxygen
Fats, oils and grease
AU local limits apply at the point where the wastewater is discharged to the
collection system or sewer. All concentrations for metallic substances are for
"total" metal unless indicated otherwise. Wherever a user is subject to both
National Categorical Pretreatment Standards and a state or local limit for a
given pollutant, the more stringent limit or standard shall apply. However, the
user may obtain a variance from a local limit from the Superintendent or his or
her designee for good cause shown. Appeals of the denial of a variance are
governed by the procedures set forth in section 9-2-5(1) of this chapter. The
Superintendent or his or her designee is also required to imposed mass
limitations by Region 10 ofEP A, the City's NPDES Permit and Federal
regulations [40 CFR 122.45(f)], for all pollutants except pH, temperature,
radiation, and other pollutants not appropriately expressed in terms of mass
limits. Such mass limitations shall be calculated as follows [EQ.l], unless
otherwise determined by the Superintendent or his or her designee:
Mass Limit = Design or actual flow of facility (mgd) [EQ.l] x concentration
ofthe pollutant (mgll) x 8.34
If any provisions of the Pretreatment and Sewer Use Codes conflict. the most
stringent limit or rule shall apply.
Amended Pretreatment / Sewer User Ordinance
Page 2 of 11
SECTION 2: That Section 2 Chapter 4 Title 9 Definitions of the Meridian City Code,
be, and the same is hereby amended and shall now read as follows:
9-4-2: DEFINITIONS: Unless the context specifically indicates otherwise, the
meanings of terms used in this Chapter shall be as follows:
If any provisions of the Pretreatment and Sewer Use Codes conflict, the most stringent
limit or rule shall apply.
ACT: The Federal Water Pollution Control Act entitled Public Law 92-500, and its
amendments of 1972 as administered by the United States Environmental Protection
Agency (EPA).
BOD: Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory procedure in five
(5) days at twenty degrees centigrade (200C), expressed in milligrams per liter (mgll).
BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes inside the walls of
the building and conveys it to the building sewer, beginning five feet (5') outside the
inner face of the building wall.
BUILDING SEWER: The extension from the building drain to the point of connection
with the public sewer or other place of disposal.
CITY: Refers to the City of Meridian, Ada County, Idaho, or its authorized or designated
agent, representative, or deputy thereto.
COMBINED SEWER: A sewer receiving both surface runoff and sewage.
FLOW: The volume of sewage being discharged into the sewage system.
GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and
dispensing of food, and from the handling, storage and sale of produce.
INDUSTRIAL COST RECOVERY: Financial recovery by the City, from the industrial
users of the sewerage system, of.!: that portion of the U.S. government grant amount
allocable to the treatment of wastes from such users pursuant to section 204(b) of the Act.
INDUSTRIAL USERS: A. Any nongovernmental user ofpublicly-owned treatment
works identified in the Standard Industrial Classification Manual, 1972, Office of
Management and Budget, as amended and supplemented under the following divisions:
1. Division A -- Agriculture, Forestry and Fishing
Amended Pretreatment / Sewer User Ordinance
Page 3 of 11
2. Division B -- Mining
3. Dlvision D -- Manufacturing
4. Division E -- Transportation, Communications, Electric, Gas and Sanitary
Services
5. Division I -- Services
B. An industrial user is also defined as follows:
1. A nongovernmental, nonresidential user which discharges more than the
equivalent of twenty five thousand (25,000) gallons per day of sanitary waste and
which is identified in the Standard Industrial Classification Manual under divisions
A, B, D, E and I;
2. A user which discharges any wastewater containing toxic pollutants or which
has any other adverse effect on the treatment works; or
3. A commercial user of an individual system.
C. A user in the divisions listed may be excluded if it is determined that it will
introduce primarily segregated domestic wastes or wastes from sanitary
convemences.
INDUSTRIAL WASTES: The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
MULTIPLE BUILDING DEVELOPMENT: Includes the various types of
developments that would have common or joint ownership areas such as condominiums,
townhouses, mobile home parks or courts, shopping centers, etc.
NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake or other body of
surface or ground water.
OWNER: A person owning real estate which is, or proposes to be connected to the
sewage system.
pH: The logarithm ofthe reciprocal ofthe weight of hydrogen ions in grams per liter of
solution with a pH value of 7 being neutral.
PERSON: Any individual, firm, company, association, society, corporation or group.
PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking and
dispensing of food that have been shredded to such a degree that all particles will be
Amended Pretreatment! Sewer User Ordinance
Page 4 of 11
carried freely under the flow conditions normally prevailing in public sewers, with no
particle greater than one-half inch (112") in any dimension.
PUBLIC SEWER: A sewer in which all owners of abutting properties have equal rights,
and is controlled by public authority.
SANITARY SEWER: A sewer which carries sewage and to which storm, surface and
ground waters are not admitted.
SERVICE CONNECTION: The point at which the building sewer connects to the
public sewer.
SEWAGE OR WASTE MATTER: A combination of the water-carried wastes from
residences, business buildings, institutions and industrial establishments, togethor '.'lith
such ground, surface and storm ..vaters as may be present.
SEWAGE TREATMENT PLANT OR WASTEWATER TREATMENT
FACILITY: Any devices and system used in the storage, treatment, recycling and
reclamation of Municipal sewage or industrial wastes of a liquid nature to implement
section 201 of the Act.
SEWER: A pipe or conduit for carrying sewage.
SEWER USER: Any individual, finn, company, association, society or corporation or
group who has connected to the sewerage system.
SEWERAGE SYSTEM: All facilities for collecting, pumping, treating and disposing of
sewage.
SHALLIMAY: "ShaW' is mandatory. "May" is permissive.
SLUG: Any discharge of water, sewage or industrial waste which in concentration of any
given constituent or in quantity of flow exceeds for any period of duration longer than
fifteen (I 5) minutes for more than five (5) times the average 24-hour concentration or
flows during normal operation.
STORM DRAIN (Sometimes Termed Storm Sewer): A sewer which carries storm and
surface waters and drainage, but excludes sewage and industrial wastes, other than
unpolluted water such as cooling water.
SUSPENDED SOLIDS: Solids, organic or inorganic, that either float on the surface of,
or are in suspension in water, sewage, or other liquids, and which are removable by
laboratory filtering as prescribed in "Standard Methods for the Examination of Water and
Waste Water" and referred to a nonfilterable residue,
Amended Pretreatment / Sewer User Ordinance
Page 5 of 11
WATERCOURSE: A channel in which a flow of water occurs, either continuously or
intermittently. (Ord. 339, 5-29-1979)
SECTION 3: That Section 4 Chapter 4 Title 9 City Authority of the Meridian City
Code, be, and the same is hereby amended and shall now read as follows:
9-4-4: CITY AUTHORITY: The sewer system for the transmission, treatment and
disposal of sewage for the City shall be under the sole and exclusive control of the
Mayor and City Council, who may from time to time direct the construction,
expansion, extension, repair and maintenance of the sewer system owned and
operated by the City as the necessity of the City may require. The cost of
maintenance and repair of the City sewer system may be paid out of the General
Enterprise Fund.
If any provisions of the Pretreatment and Sewer Use Codes conflict, the most
stringent limit or rule shall apply.
SECTION 4: That Section 24 Chapter 4 Title 9 Sewer User Charges and Connection
Fees of the Meridian City Code, be, and the same is hereby amended and shall now read
as follows:
9-4-24: SEWER USER CHARGES AND CONNECTION FEES:
The monthly sewer user rates for sanitary sewer service in the City are based on gallons
of water used as determined by the water meter readings. Residential homeowner's
sanitary sewer user charges will be based on the actual water recorded for monthly water
meter readings during the period ofthe year from October November 15 to the following
March 15. For the following seveR t+1 eight (8) month period, the average monthly
reading for the period of Octobcr November 15 to the following March 15 shall be the
basis for the monthly sewer user charge. Provided hov!cyer, for averaging purposes, the
mayor and city council may, by a duly enac-ted resolution, change the abo~/e date of
Octobcr 15 to November 15 for any particular year ifit finds the fall season to ha'.'e been
particularly warm requiring lawn sprinkling to have been necessary past October 15.
However. ifthe actual water use recorded for any billing period between March 15 and
November 15 is less than that November 15 to March 15 average. the sewer user charge
will be based on the actual water use. Also, provided, however, where there is a new
owner, a new occupancy, or a change in occupancy, such as in the case of sale or new
residence construction or sales of existing residences, between October November 15
and March 15, the sewer user charge shall be based on the average residential water use
in the city which is six thousand five hundred (6,500) gallons per month unless the
owncr/user can shO'.Y, by current water meter readings, that his use is less than six
thousand five hundred (6,500) gallons. In this case. the sewer user charge will be based
on actual metered water use. All other users such as commercial and industrial shall be
based on their monthly water consumption. The user charges may be reviewed annually.
The user charge system is based on the following:
Amended Pretreatment I Sewer User Ordinance
Page 6 of 11
A. Monthly Service Charges:
1. The minimum sewer charge shall be as established by resolution of the city
council. (Ord. 02-967, 7-23-2002)
B. Schedule Of Fees And Charges: The sewer connection fees and charges are based on
the following schedule; all other users will require special appraisal and will be
computed on an individual basis:
Classification
Number Of Equivalent
Connections
Apartment (see Multiple living unit)
Bank 2.00
Bar 2.00
Barbershop, per chair 0.50
(minimum 1.00)
Beauty salon, per operator station 0.50
(minimum 1.00)
Bowling alley, per lane (minimum 1.00) 0.20
Cafe, per customer seating capacity 0.1 0
(minimum to be 2.00 equivalent connections)
Car dealer 2.00
Car wash (to be computed on an individual xxx
basis)
Church 2.00
Club, private 2.00
Condominium (see Multiple living unit)
Dentist, per practitioner 1.00
Department store (per 3,000 square feet) 1.00
Doctor, per practitioner 1.00
Drugstore 2.00
Dry cleaners 2.00
Duplex (see Multiple living unit)
Fourplex (see Multiple living unit)
Garage (minimum) 2.00
Amended Pretreatment I Sewer User Ordinance
Page 7 of 11
Grocery store (see Retail food store)
Hospital, per bed
Industry (see Major or minor contributing
industry)
Laundri es
Commercial (to be computed on an xxx
individual basis)
Self-service up to and including 10 4.00
washing machines
Each washing machine in excess of 10 0.25
0.15
Lodge or private club 2.00
Major contributing industry (as per xxx
separate agreement)
Minor contributing industry (as per xxx
separate agreement)
Mobile home court or park
First space 1.00
Each additional space, long term 1.00
tenant type
Each additional space, short term 1.00
tenant type
Mobile home or trailer house on 1.00
own premIses
Motel, hotel, rooming house, etc.
With cooking facilities
First unit 1.00
Each additional unit 0.50
Without cooking facilities
First unit 1.00
Each additional unit 0.25
Multiple living unit
Studio or 1 bedroom 1.00
2 bedrooms 1.00
3 or more bedrooms 1. 00
Office building for each 2,500 square feet 1.00
of gross floor space or fraction thereof
Photo development lab 2.00
Railroad depot 2.00
Restaurant, per customer seating capacity 0.10
Amended Pretreatment! Sewer User Ordinance
Page 8 of 11
(minimum to be 2.00 equivalent connections)
Retail food store for each 1,500 square feet 1.00
of gross floor space or fraction thereof
Retail store for each 3,000 square feet 1.00
of gross floor space or fraction thereof
Schools per each 50 students in average 1.00
daily attendance or fraction thereof
Service station
Full service 4.00
Gas and restroom service only 2.00
With car wash (to be computed on an xxx
individual basis)
Single-family residence 1.00
Swimming pool
Private, for each 500 square feet of pool 0.25
water surface area or fraction thereof
Public (to be computed on an xxx
individual basis)
Tavern 2.00
Theater 2.00
Townhouse 1.00
Trailer court or park
First unit 1.00
Each additional space, long term 0.75
tenant type
Each additional space, short term 0.50
tenant type
Triplex (see Multiple living unit)
Variety store for each 3,000 square feet
of gross floor space or fraction thereof
1.00
SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 6: 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.
Amended Pretreatment / Sewer User Ordinance
Page 9 of 11
SECTION 7: SAVINGS CLAUSE: This Ordinance does not affect an action or
proceeding commenced or right accrued before this Ordinance takes effect.
SECTION 8: 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
2t1../.( ~'
- day of ,II , 2004.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
2tJ~ day of /1pr J? , 2004.
ATTEST:
~
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~
Ji :: SEAL ~
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~ ---: ;S-~f' ~\ ~ ~~ ~Q)o 0 j
City Clerk -% <:>-1' r 15\ . ~".f
An Ordinance of the City of Meridian f31'~/~mmriG$e'tg, Jr., City Clerk
. . 4.., A_ (ff;,. 1\"
First Readmg: 7 -frO - O~ "~li, 1:1\1
Adopted after fir~t reading by suspension of the Rule as allowed pursuant to Idaho Code
50-902: YES ).( NO
Second Reading:
Third Reading:
STATE OF IDAHO,)
: ss.
County of Ada. )
On this tJOfh. day of t,,1 ( ,2004, before me, the undersigned, a
Notary Public in and for sai State, personally appeared TAMMY de WEERD 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.
Amended Pretreatment I Sewer User Ordinance
Page 10 of 11
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the da;r, m9,roear first above written.
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Z:\Work\M\Meridian\Meridian I 5360M\Ordinances City Hall12004 OrdlA.mended Pretreatment Sewer User Ord 0408 04.doc
Amended Pretreatment I Sewer User Ordinance
Page 11 of 11
WHITE PETERSON
ATTORNEYS AT LAW
KEvIN DINIUS
JULIE KLEIN FISCHER
CHRISTOPHER D. GABBERT
WM. F. GIGRAV. In
T. GUY HALLAM ..
JILL S. HOLINKA
JOHN R. KORMANIK ·
WILLlAMA. MORROW
WIUIAM F. NICHOLS ..
CAl'JYON PARK AT THE IDAHO CENTER
5700 E. FRANKLIN RD., SUITE 200
NAlvfPA, IDAHO 83687-790 I
TEL (208) 466-9272
FAX (208) 466-4405
CHRISTOPHER S. NVE
PHILIP A. PETERSON
TOOD A. ROSSMAN
TERRENCE R. WHITE ...
· Also admllted in CA
U Also admitted ill OR
n* Also admitted in W A
April 8, 2004
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Re: Ordinance No. 04-/07':1 , (Pretreatment I Sewer User Summary
Ordinance for the City of Meridian) 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 the Pretreatment I Sewer User Amended 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 of the
provisions of said ordinance.
You are hereby directed to file this statement with the ordinance, pursuant to the
provisions ofIdaho Code S 50-901(A).
Very truly yours,
Wm. F. Nichols
Enclosure
Z:\Work\M\Meridian\Meridian I 5360M\Ordinances City Hall\2004 OrdlBerg Pretreatmnt Sewer User Sum Ord cover Itr 0408 04.dcc
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 04- If} 757
PROVIDING FOR AMENDMENTS TO CHAPTERS 2 AND 4 OF TITLE 9 SEWER
TREA TMENT AND SEWER USE AND SERVICE
This ordinance of the City of Meridian is amending section 2(D) of Chapter 2 Title 9 of Local
Limits to provide for revisions to the maximum daily concentrations (mgll) and to add a new
paragraph on stringent limits or rules; to provide within section 2 of Chapter 4 Title 9 Definitions
for the removal of language within the definition of Sewage or Waste Matter and to add a new
paragraph on stringent limits or rules; to provide in section 4 of Chapter 4 Title 9 City Authority
to remove and add language within this section and to add a new paragraph on stringent limits or
rules; and to provide in section 24 Sewer User Charges and Connection Fees to remove and add
language to this section.
A full text of this ordinance is available for inspection at City Hall, Ci~ of Meridian, .33 East
Idaho, Meridian, Idaho. This ordinance shall become effective on the20 ~ day of /J;Jr/ L ,
2004 \\ \ \ \1111I' /11111
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City of Meridian
Mayor and City Council
By: William G. Berg, Jr., City Clerk
First Reading: 4--'2-t:?-o.f-
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902:
YES X NO
Second{Reading: ~
Third Reading:
Z:\WorklMlMeridiaolMeridian I 5360M\Ordio3nees City Hall\2004 OrdlPrelrealment Sewer User Amend Sum Ord 04 08 04.doc
Pretreatment and Sewer User Summary Ordinance
Section 2(D) and Sections 2, 4, and 24 of Chapter 2 and 4 Title 9
Page 1 of 1
April 15, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
April 20, 2004
ITEM NO. --.J fi
REQUEST Water, Sewer, and Trash Delinquencies
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SEfTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
frl
r~
'<
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
RECEIVED
APR 2 0 2004
DELINQUENCY FOR TURN
OFF SCHEDULED FOR
April 21, 2004
CYCLE 1
City of Meridi~n
City Clerk Office
MAYOR: This is to inform you in writing, if you so
choose, that you have the right to a pre-termination hearing
at 7:30 P.M. Tuesday, Apri120, 2004, before the Mayor
and City Council, to appear in person to be judged on the
facts and to defend the claim made by this City that your
water, sewer and trash bill is delinquent. You may retain
counsel. This service will be discontinued on April 21,
2004 unless payment is received in full. Is there anyone
present who wishes to contest his or her water, sewer and
trash delinquency?
(No response.)
MAYOR: They are hereby informed that they may appeal
or have the decision of the City reviewed by the Fourth
Judicial District Court, pursuant to Idaho State Code. Even
though they appeal, their water will be shut off. The
amount of the tum-offlist is $14,914.85
( /
(
CITY OF MERIDIAN Delinquent Account List- council Page: 1
Slandard Payment Customers Apr 20, 2004 04:53pm
Current Period: 05/05/2004
No Delinquent Minimum AmountDelinquent Balance
Report Criteria:
Terminated customers not included
Customer. Cust No () :: {<} 880000001
Customer.BiIl Cycle = 1
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 03/20/2004 02/20/2004 01/20/2004 Date Amount
20.46.0132.2 ABBOTT, ROBERT 65.32 47.72 17.60 03/22/2004 28.88 -
24.04.1904.1 ABBOTT, SCOTT 144.16 55.20 88.96 02/18/2004 132.96 -
30.74.3602.2 ADAMS, CYNTHIA 119.12 68.92 50.20 03/24/2004 57.44 -
23.02.2714.3 ADAMS, ROY & STACY 314.94 314.94 07/28/2003 70.46 -
23.02.0428.2 ADLER, J & SMITH, T 106.56 59.00 47.56 03/09/2004 73.00 -
35.35.0190.2 AHEARN, THOMAS 84.08 43.92 40.16 03/17/2004 39.24 -
34.34.5036.1 ALBERTSONS EMPLOYEES FEe 230.86 47.71 43.95 67.61 71.59
20.46.4612.1 ALBERTSONS WHOLESALE 246.96 131.59 115.37 02/25/2004 115.37 -
22.50.0244.1 ALGER,BRENT 40.10 40.04 .06 03/16/2004 36.34 -
35.35.0194.4 ALLMOND, JOSEPH & TAKEIA 58.98 42.68 16.30 04/16/2004 45.00 -
35.35.0057.2 ANDERSON, CHRISTY 39.38 20.12 19.26 02/19/2004 32.00 -
30.74.1026.1 ANDERSON,DOUGLAS 65.28 32.64 32.64 03/16/2004 32.64 -
36.68.0310.1 ANJEWIERDEN, PAUL 77.84 42.68 35.16 03/16/2004 42.68 -
23.02.6300.1 ANSON, PATRICIA 93.87 85.30 8.57 04/06/2004 40.00 -
25.25.0064.2 ARAGON, ALFREDO & DAWNA 95.36 62.72 32.64
21.21.9154.2 ASCHENBRENNER. KEN 43.26 24.43 15.07 3.76 02/13/2004 7.55 -
20.47.1052.1 ASPEN HOMES 92.08 34.32 32.64 25.12 01/21/2004 60.93 -
37.37.3616.2 AUSTIN, WILLIAM & DOROTHY 44.40 42.68 1.72 01/14/2004 100.00 -
22.51.0180.1 B M C, WEST 42.15 15.77 11.31 11.31 3.76 04/07/2004 11.31 -
22.51.0694.1 BAILEY, PEGGY 99.06 45.76 53.30 03/22/2004 35.08 -
22.51.0514.2 BAILEY, PEGGY 166.16 89.78 51.44 24.94 03/08/2004 50.00 -
22.50.4820.3 BARBOUR, TREVOR & ROSE 92.82 42.16 50.66 02/23/2004 45.00 -
37.37.3642.1 BATEMAN BUILDERS 104.16 53.96 50.20 02/23/2004 1.96 -
22.50.1022.1 BEACH, ROXANNE 111.84 41.93 69.91 03/15/2004 70.00 -
31.52.0238.1 BELLINO, TIM 191.51 188.03 3.48 03/24/2004 172.99 -
36.68.0312.2 BENSON, JR. DARRYL 104.16 53.96 50.20 03/22/2004 80.20 -
22.50.0290.4 BEVINGTON, HELEN 55.68 30.56 25.12 02/17/2004 28.88 -
23.01.2870.4 BIDDICK, SCOTT 64.25 64.22 .03 03/30/2004 43.92 -
21.21.9110.1 BIG RIVER 49.17 48.95 .22 03/08/2004 26.13 -
24.03.0328.2 BISHOP, JEFFREY 105.94 51 .40 54.54 03/22/2004 87.00 -
22.51.3330.2 BISHOP, TOM 61.34 48.54 12.80 03/30/2004 30.00 -
24.04.1834.1 BITONI, MARK 136.32 59.88 76.44 03/16/2004 46.44 -
23.02.2140.1 BLAIR, WILMA 69.90 41.02 28.88 03/12/2004 36.40 -
23.02.4200.1 BLAKELY,CLAUDEJAMES 76.14 52.04 24.10 02/25/2004 60.00 -
37.37.3040.1 BLOWERS, DAN & MADELEINE 64.68 50.20 11.00 3.48
24.04.0536.8 BOBKO, RAYMOND 117.44 67.24 50.20 03/31/2004 57.10 -
22.50.1726.2 BOESIGER, MAX 136.80 62.00 40.16 34.64 02/10/2004 30.00 -
22.51.0506.1 BOGGIS, CONNIE 72.40 40.31 32.09 03/16/2004 35.85 -
30.30.6098.1 BORUP CONSTRUCTION 6.96 3.48 3,48
46.46.6316.1 BORUP CONSTRUCTION 6.96 3.48 3.48
46.46.7090.1 BORUP CONSTRUCTION 16.52 3.48 13.04
22.50.2194.2 BRAUN, STEPHANIE 61.40 32.52 28.88 03/16/2004 21.36 -
37.37.2966.1 BREGY HOMES 22.98 18.52 4.46
23.01.0800.1 BREWER. SID & SHELLY 81.18 32.52 48.66 03/17/2004 81.44 -
23.02.3370.4 BRIGGS. TERJ 129.82 59.98 69.84 03117/2004 48.00 -
23.01.3510.4 BRINEGAR, E. E. 99.65 70.50 29.15 03/25/2004 60.00 -
23.02.1290.5 BRINEGAR, E.E. 53.76 53.44 .32 04/19/2004 30.00 -
23.02.1310.5 BRINEGAR, E.E. 74.94 39.78 35.16 04/06/2004 27.64 -
23.02.3702.2 BRINEGAR, KATHLEEN 39.16 38.80 .36 03/24/2004 27.64 -
35.64.0006.3 BROWER, WAYNE & LUCILLE 38.92 35.16 3.76 02123/2004 35.16 -
... in Msg column indicates no Notice is to be sent
/ (
(
CITY OF MERIDIAN Delinq uent Account List- cou ncil Page: 2
Slandard Payment Customers Apr 20, 2004 04:53pm
Current Period: 05f05/2004
No Delinquent Minimum AmountDelinquent Balance
Last Pm! Last Pmt
Cust No Name Balance Non-Delinq 03/20/2004 0212012004 o 1I20f2004 Date Amount
25.25.0168.2 BROWN, DENISE 41.38 27.64 13.74 01/27/2004 65.46 -
24.04.1796.1 CAPRAI, JOHN & SARAH 326.56 20.12 306.44 09/15/2003 242.86 -
22.50.2108.1 CASELLA, GARY 83.58 29.58 28.88 25.12 03f11 f2004 22.18 -
22.50.0310.2 CASS, BRUCE C 76.56 43.92 32.64 03f16/2004 51.44 -
23.02.4700.2 CHENEY, STEVEN 60.54 36.40 24.14 03/17/2004 70.00 -
30.74.3676.4 CHENEY, STEVEN 72.80 36.40 36.40 03f15/2004 66.40 -
22.50.0500.3 CHESTER, FAYE 62.20 40.20 22.00 03/0212004 32.00 -
22.51.1166.3 CHRISTIANSON, ARTHUR & COI 56.30 11.03 7.55 11.31 26.41 10/21 f2003 15.10 -
22.51.0463.1 CITY - MERIDIAN PARKS 31.32 6.96 3.48 3.48 17.40
23.01.1540.3 CLARK. DAVID 243.60 138.59 105.21
22.51.0874.1 COLE. ORVILLE 85.28 59.43 25.85 04/19/2004 10.00 -
24.04.0888.1 CONNELL, DION 162.20 90.68 71.52 03/2212004 67.76 -
24.04.0120.2 CORONA, JUAN & ROMONA 56.64 47.68 8.96 03/2212004 50.00 -
22.51.4130.1 COUNTRY GLASS 368.73 111.13 10 1.45 90.17 65.98 03/24/2004 101.45-
22.51.0530.1 CREED, E.A. 55.39 26.53 28.86 12101/2003 50.00 -
36.69.0100.1 CROSSMAN, DEBBIE & WARREI 110.37 12.41 20.12 38.92 38.92 12118/2003 48.40 -
23.02.5690.5 CURIEL, FABIOLA 102.88 55.20 47.68 03f02l2004 43.92 -
22.50.4574.3 DAROSA, JOE 76.80 44.78 32.02 03/17/2004 44.00 -
37.37.4138.2 DAVIS, MARK & PAULA 88.14 38.92 42.68 6.54 01/2212004 93.86 -
23.02.6660.1 DAVIS, SUSAN 50.24 25.12 25.12 02l23f2004 25.12 -
35.35.1212.2 DAYLEY, MARK & KATHRYN 50.24 25.12 25.12 04/08/2004 19.04 -
35.35.0425.1 DEVELOPMENT SERVICE 16.76 6.42 10.34 03/16/2004 3.48-
22.50.0204.1 DIPAOLA, JONATHAN 70.82 36.28 32.64 1.90 03/1212004 50.00 -
30.74.1062.1 DOTY, PAULINE & RON 64.96 32.09 32.87 03f18/2004 60.00 -
23.02.6970.1 DULHANTY. TAMARA 134.48 47.68 77.68 9.12 02118/2004 120.00 -
25.25.1060.3 DUNSWORTH, BRAD & JODI 46.66 46.44 .22 04/06/2004 35.00 -
24.04.0886.1 DUVALL, DEBORAH 63.98 40.76 23.22 03/16/2004 50.00 -
25.05.0172.1 EARNHART,KATHLEEN 85.36 46.44 38.92 02117/2004 89.12-
24.04.1994.1 EDDINS. RICHARD 61.52 36.40 25.12 02125/2004 5.34-
35.35.7800.1 EDGE 1.1.C 199.34 172.99 26.35
30.74.3678.2 EDWARDS, DEARL W 80.38 42.68 37.70 03/16/2004 50.00 -
23.02.2734.1 EDWARDS, MICHAEL A 96.70 56.54 40.16 03/08/2004 46.09 -
22.50.2226.2 EITCHES. ROBERT 73.82 56.22 17.60
37.72.0101.1 ELK RUN HOMEOWNERS ASSO 26.02 26.02 02117/2004 46.06 -
22.50.1240.4 ERHART, MILT 7.88 7.88
22.50.1230.2 ERHART, MIL TON 67.94 35.30 32.64 02123/2004 66.40 -
36.69.0244.2 EVANS, GARLAND 55.42 32.64 22.78 03/09/2004 141.68 -
35.35.5006.2 FLOTH, ROBERT 37.32 35.16 2.16 04f1212004 33.00 -
23.02.1660.3 FLYNN, MELANIE 121.68 75.24 46.44 03/11/2004 46.44 -
29.57.0130.1 FRANKLIN INVESTMENT CO 361.26 356.61 4.65 04/14/2004 356.61 -
22.51.3078.3 FREEMAN, NICOLE 63.16 36.68 26.48 03/16/2004 47.00 -
22.50.3754.1 FRENCH, LAWRENCE 221.52 91.20 100.32 30.00 03/08/2004 182.70 -
32.32.4406.2 FRESHWATER, MICHELLE 47.76 23.88 23.88 02124/2004 47.76 -
46.46.7062.1 G Q CONSTRUCTION 89.41 21.36 11.31 52.67 4.07
30.74.3248.1 GARNER. KELLEY 189.08 96.60 92.46 03f15/2004 112.00 -
20.46.0188.2 GATES, JOHN 122.70 39.78 23.88 31.40 27.64 01114/2004 30.42 -
24.04.1430.2 GAYMON, GREG & ALISON 158.96 86.20 72.76 03/17/2004 68.32 -
34.34.6108.1 GNG CONSTRUCTION 6.96 3.48 3.46
23.02.1170.3 GODBY, ORVILLE & PHOEBE 191.90 96.66 95.24 03/17/2004 50.20 -
23.01.0150.2 GOLDEN, LEROY 89.44 30.56 58.86 02/18/2004 84.00 -
37.37.3366.1 GO CONSTRUCTION 11.70 7.24 4.46
24.04.2276.2 GROAT, DARLA 141.61 42.68 38.92 60.01 04/16/2004 102.68 -
30.74.3176.3 GROSSL, EDNA 95.56 46.44 49.12 03/16/2004 40.00 -
23.02.4290.1 GROSSO, SHADOW 46.48 21.36 25.12 03/16/2004 46.48 -
22.50.2378.1 GUTHMILLER, BRIAN A 310.82 80.90 229.92 03f16/2004 200.00 -
... in Msg column indicates no Notice is to be sent
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CITY OF MERIDIAN Delinquent Account List- council Page: 3
Standard Payment Customers Apr 20, 2004 04:53pm
Current Period: 05/05/2004
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Ba lance Non-Delinq 03/20/2004 02/20/2004 01/20/2004 Dale Amount
24.04.1620.7 GUYMON, GREG & ALISON 87.57 55.72 31.85 03/24/2004 90.00.
30.74.1052.2 HAMILTON, JACQUELYN 61.52 36.40 25.12 02/25/2004 36.40 -
24.04.1790.3 HAMMER, MARCIE 84.62 47.30 31.40 5.92 03/17/2004 78.00 -
23.01.0020.1 HAMMOND 00, THOMAS R 143.98 67.50 76.48 02/19/2004 164.16.
20.46.0434.2 HAMMONS, CURTIS & CARLA 70.88 42.00 28.88
30.74.2662.1 HANSEN, DAVID 76.56 40.16 36.40 03/22/2004 51.44 .
22.50.4816.2 HARP, JACK 54.86 29.74 25.12 02/1012004 21.36-
23.02.5900.1 HARVEY,L1SA M. 59.36 51.44 7.92 03/17/2004 55.00 -
21.21.9072.2 HAWKES, SARAH 75.17 29.99 22.59 22.59 01130/2004 65.33 -
21.21.9066.2 HAWKES, SARAH 129.93 58.43 41.39 30.11 01130/2004 18.83 -
22.50.2112.2 HAY. CHARLES & ROBERTA 75.14 54.82 20.32 0313012004 50.00 .
20.46.0260.1 HAYES, MARCIA 56.96 33.08 23.88 03/16/2004 31.40 .
25.05.0220.1 HESSING, WILLIAM 283.28 119.12 164.16 03/17/2004 159.48 -
22.51.0928.3 HICKEY, FA 350.49 67.10 32.64 250.75 04/1912004 62.64 -
22.51.3580.1 HIGGINBOTHAM, RON 133.64 93.48 40.16 03/17/2004 73.92 -
36.36.0200.1 HIGH DESERT CONSTRUCTION 7.94 3.48 4.46
36.36.0172.1 HIGH DESERT CONSTRUCTION 10.72 7.24 3.48
22.50.3906.3 HITCHCOCK, ROBERT & KARLI~ 83.14 42.98 40.16 03/02/2004 43.92 -
20.46.0624.2 HOFFMAN, MICHAEL 101.42 58.74 42.68 03/02/2004 42.68 -
25.05.0722.2 HOLLEY, ANNA 125.36 47.68 77.68 03/17/2004 87.42 -
30.74.1014.3 HOLLOWAY, JERALD K 84.08 40.16 43.92 03/29/2004 46.75 -
24.03.0272.4 HOLMES, MICHAEL & LAURIE 74.08 38.92 35.16 02/2312004 35.16 -
23.01.2700.3 HOLMES, MICHAEL & LAURIE 65.54 50.50 15.04 03/16/2004 82.36 -
31.52.0150.2 HOOPER,CARY 178.88 7.62 111.52 59.74 12/02/2003 30.00 -
23.01.0420.1 HOWARD, TREVIS 76.20 49.10 27.10 02/18/2004 150.00 -
35.35.6032.1 HUBBLE HOMES 25.92 18.52 6.42 .98
30.74.3218.3 HUBER, STEPHANIE 61.40 35.16 26.24 02/24/2004 115.36 -
35.65.0708.1 HUDDLESTON, CODY 157.00 72.76 84.24 03/17/2004 50.00 -
22.51.0510.4 HUNT, WESLEY 43.80 40.04 3.76 03/1712004 35.00 -
20.47.0064.1 HYONG,PAK 46.80 26.80 20.00 03/1512004 21.36.
21.49.1148.1 IDAHO HEATING AND AIR 470.44 143.54 134.34 138.10 54.46 02/2312004 400.00 .
23.02.5820.1 JACKSON,ROBERT 61.52 28.88 32.64 03/15/2004 40.16 -
22.50.4506.1 JACOBSON, BETTY B. 72.68 55.08 17.60 03/10/2004 38.96 -
25.25.0024.1 JEFF MANSHIP 55.28 31.40 23.88 02/1012004 86.68 -
22.50.2096.1 JEFFS, GEORGE & PATTY 64.18 35.30 28.88 03/08/2004 32.64 -
30.74.2400.2 JOHN,CHAD 87.84 40.16 47.68 03/04/2004 47.68 -
22.50.0326.1 JOHNSON, JEANNE & DALLAS 72.68 40.04 32.64 02/27/2004 61.52 -
23.01.2710.2 JOHNSON,MARC 85.26 48.86 36.40 03/17/2004 66.40 -
23.02.1890.3 JOHNSON, STEVE & BARB 63.82 35.30 28.52 03/02/2004 63.00 -
32.32.4938.2 JONES, CATHERINE 46.48 25.12 21.36 02/24/2004 22.34 -
22.51.3088.6 JONES. DAVID 67.34 18.70 22.74 25.90 01/27/2004 26.50 -
36.68.0320.1 JONES. DONALD 57.02 50.20 6.82 03/22/2004 32.36 -
25.25.1024.3 JONES. LINDA 59.93 40.16 19.77 03/08/2004 50.00 -
22.50.2122.2 JONES, WES & CINDY 102.48 66.08 36.40 03/17/2004 75.28 -
22.50.2418.2 JONES, WES & CINDY 140.85 85.38 55.47 03/26/2004 60.00 -
24.03.0828.2 JONES, WESLEY & CYNTHIA 70.32 55.16 15.16 03/10/2004 20.00 -
20.46.0840.4 JUDY, VICTOR 61.10 34.06 27.04 03/16/2004 32.00.
22.50.1586.2 KELSO. BONNIE 12.61 6.96 3.48 2.17 11/24/2003 121.54.
24.04.1204.2 KNIGHT, TIMOTHY 77 .48 27.36 50.12 02/19/2004 77.20 .
20.46.0852.1 KRISHNEK. JOHN 64.48 36.84 27.64 03/11/2004 31.40 -
22.51.3168.1 KUESPERT, PAUL & JANELL 147.20 75.83 71.37 02/25/2004 3.76 -
22.51.3780.2 KUGEL, LISA 76.40 52.30 24.10 04/08/2004 35.00 -
22.50.4642.3 KUGEL, LISA 125.34 75.90 49.44 03/16/2004 50.00 .
22.50.0646.1 LACASA LAVILLA 52.58 33.75 18.83 03/02/2004 18.83 -
22.50.0676.1 LACASA LAVILLA 825.18 438.84 386.34 03/02/2004 397.62 -
... in Msg column indicates no Notice is to be sent
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CITY OF MERIDIAN Delinquent Account List- cou ncil Page: 4
Standard Payment Customers Apr 20, 2004 04:54pm
Current Period: 05/05/2004
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 03/20f2004 02/20/2004 01120/2004 Date Amount
22.50.0666.1 LACASA LAVILLA 180.40 108.93 71.47 03/02/2004 387.31 -
22.50.0512.2 LANDER, ANTHONY 131.34 38.54 60.16 26.40 6.24 02/23f2004 55.00 -
22.50.4268.2 LANHAM, PATRICE 82.62 36.18 46.44 02f1712004 165.53 -
24.04.1776.1 LANSING, BUD 146.56 38.64 50.20 57.72 02/17/2004 61 .48 -
22.50.2428.1 LEONARD, DAMON 73.78 66.26 7.52 03/24/2004 50.20 -
36.69.1188.1 LEWIS, CONNIE 62.80 35.16 27.64 02/23/2004 35.16 -
35.35.0306.2 LEWIS, GREGORY & ALLISON 53.24 51.44 1.80 02/25f2004 47.68 -
23.02.4790.2 LIKES, WILMA & CW 40.48 25.12 15.36 03/16f2004 57.64 -
23.02.4070.4 LJ PROPERTIES LLC 64.84 34.73 30.11 02/1712004 41.42 -
23.02.4080.4 LJ PROPERTIES LLC 22.34 11.03 11.31 02f17/2004 26.38 -
23.02.4090.2 LJ PROPERTIES LLC 28.06 16.75 11.31 02/17/2004 33.90 -
23.02.4100.2 LJ PROPERTIES, LLC 93.44 55.81 37.63 02/17/2004 70.56 -
24.04.0926.2 LOCKNER, TIM & KELLEY, LINSI 76.44 43.80 32.64 02/17/2004 72.80 -
37.37.3990.2 LOWMAN. VALKYGIE 71.84 62.72 9.12 04/12/2004 30.00 -
36.69.1556.1 MACE, JEFFREY & BERLENE 149.14 114.12 35.02 04/02/2004 85.00 -
23.02.4480.1 MADRID, JOSEPH F 77.84 38.92 38.92 03f17/2004 41.84 -
22.50.1676.4 MAHATHY,ANTHONY 51.72 35.86 15.86 04f19/2004 31.40 -
22.50.2550.3 MANUS, AN ID GENERAL PARH 192.63 57.55 54.63 80.45 02/17f2004 169.03 -
30.74.2642.1 MANWARING, MARK 66.57 46.44 20.13 04/21/2004 30.00 -
23.02.2300.3 MARINO, JERALD & LAURA ANN 149.46 59.06 28.88 32.64 28.68 01102/2004 40.00 -
24.03.0306.5 MARTINEZ, MARIA 25.41 21.36 4.05 02/09f2004 60.00 -
24.04.1626.1 MAXEY, SHANE & MICHELLE 107.42 72.30 35.12 03/16f2004 54.00 -
36.68.0030.6 MCCABE, MICHAEL & CATHERlt 64.20 36.40 27.80 03f16f2004 65.00 -
36.69.2258.4 MCCANDLESS, DOUG 184.85 184.85 11 f19/2003 40.00 -
25.05.0446.1 MCGRATH, MICHAEL 69.36 55.20 14.16 03fl0/2004 100.00 -
23.02.6270.5 MCKINLEY, JUNE 203.24 77.72 87.72 37.80 03/26f2004 50.00 -
23.02.3892.1 MCNALLEY, RUSSELL 68.38 48.28 20.10 03/22/2004 60.00 -
22.50.2444.1 MCNITT, STEVE & TRACY 67.42 36.02 31.40 03/16/2004 31.40 -
23.01.2730.1 MELLEN. ANGELA 132.42 76.98 55.44 02/24/2004 100.00 -
21.49.0982.1 MERIDIAN SCHOOL DISTRICT 306.74 163.77 142.97 03f22/2004 268.86 -
21.49.1244.1 MERIDIAN SCHOOL DISTRICT 348.84 195.52 153.32 03/22/2004 295.12 -
21.49.0988.1 MERIDIAN SCHOOL DISTRICT 90.90 60.42 30.48 03/22/2004 73.14 -
21.49.0986.1 MERIDIAN SCHOOL DISTRICT 276.72 156.68 120.04 03f22/2004 281.70 -
21.49.1018.1 MERIDIAN TRANSPORTATION 254.78 149.47 105.31 03f22/2004 177.72 -
30.74.3790.1 MERRITHEW, ROBERT 64.40 35.16 29.24 02/23f2004 40.00 -
22.50.3848.1 MEYERS,DAN 81.32 52.20 29.12 03/12/2004 60.00 -
37.37.9998.1 MEYETT, WILLIAM H 21.66 12.30 9.36 01f23/2004 13.28 -
31.52.0352.1 MICRO RAMA LLC 752.44 745.48 6.96 03f29/2004 471.56 -
30.74.3696.1 MILLER, GREGORY & ERICA 80.53 36.40 44.13 02/18f2004 120.00 -
20.46.0406.1 MILLS, TIMOTHY 71.82 46.74 25.08 02/17f2004 80.00 -
20.46.0886.1 MINEGAR, JOHN 79.68 44.52 35.16 02/1112004 77.84 -
24.04.0538.1 MONSON, THOMAS 146.39 62.50 83.89 02118/2004 141.75 -
30.74.1076.1 MOORE, EVELYN 29.84 28.66 .96 04fl2/2004 27.76 -
23.02.0926.3 MOORE, MANDY 72.80 36.40 36.40 02/23f2004 62.64 -
24.04.1634.1 MOORE, RUSSELL C 132.10 63.06 21.36 47.66 02/02/2004 70.00 -
22.50.1994.1 MORGAN, SCOTT & JODI 84.12 47.72 36.40 02/27/2004 32.64 -
24.03.0889.1 MORNING GLORY #2 HOA 10.44 10.44
23.02.3020.2 MORRIS, TRAVIS 56.66 31.54 25.12 03fl0/2004 28.88 -
23.02.5630.2 MORRISON, DWAYNE 68.36 36.40 31.96 02/19f2004 101.00 -
22.50.0748.4 MORRISON, MIKE 53.22 31.86 21.36 01/28/2004 21.36 -
34.34.5034.1 MOXIE JAVA 41.48 15.07 11.31 7.55 7.55
22.50.0262.1 MURRI, SCOTT 39.60 38.08 1.52 03/02/2004 60.00 -
25.25.1104.2 MUSTAGOG, ALBERT 47.76 23.88 23.88 03/09/2004 20.12 -
30.74.3654.3 NAGLE, GEORGE & JUDY 49.24 25.12 24.12 03/16f2004 55.00 -
21.21.9026.2 NAZARI, ALLREXA 52.24 34.64 17.60
... in Msg column indicates no Notice Is to be sent
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CITY OF MERIDIAN Delinquent Account list- council Page: 5
Standard Payment Customers Apr 20, 2004 04:54pm
Current Period: 05f05/2004
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 03/20/2004 02/20/2004 01/20/2004 Date Amount
20.46.0570.3 NEIL, STEVE 87.72 23.60 20.12 20.12 23.88 01123/2004 59.86 -
24.03.0660.1 NEWHOUSE, RAYMOND & TINA 127.20 121.64 5.56 03122/2004 38.92 -
30.74.0664.1 NIELSON. STEVE 64.16 48.88 15.28 04/06/2004 50.00 -
20.47.1224.2 NYLAND, BRIAN & ANGELA 74.02 46.74 27.28 02/17/2004 36.40 -
23.02.5370.1 ODOM, SHERRY 100.23 80.20 20.03 03103/2004 200.00 -
23.01.1210.2 O'NEAL, GEORGE & JANET 68.92 40.04 28.88 03/15/2004 36.40 -
22.51.3430.2 OVERTON, DAVID 246.31 71.36 174.95 09/23/2003 102.28 -
22.50.1770.2 PALMER, ELDON 110.72 66.17 44.55 03/10/2004 77.82 .
30.74.3970.1 PATE, ERIC & LINDA 70.32 35.16 35.16 03116/2004 42.68 .
22.51.0318.3 PAULIN, BEN 44.64 26.80 17.84 03/23/2004 25.00.
30.74.0406.3 PEARCE, JOCELYN 61.60 58.96 2.64 03/18/2004 66.40 -
37.72.0118.3 PEREZ, ARIEL 48.98 42.68 6.30 03/17/2004 75.00 -
20.47.1110.3 PIERCE, WILLIAM & LAURA 68.70 48.54 20.16 04/20/2004 50.00 -
22.51.4010.4 PIONEER FINANCE, LLC 43.42 22.06 21.36
24.04.1412.1 PLUMLEY, RODNEY & M. NAOM 72.04 70.24 1.80 04/13/2004 90.00 -
24.03.0028.1 POGUE, DOUGLAS 38.92 35.16 3.76 03102/2004 35.16 -
22.50.1206.1 PONDEROSA PAINT 642.08 311.48 330.60 02123/2004 244.12.
25.25.0054.2 POPEL, LAURIE 55.28 27.64 27.64 03/09/2004 27.64 -
37.72.0136.5 PORGES, JUDITH 72.16 28.88 32.64 10.64 02/06/2004 22.00 -
23.02.0460.1 POTTER, MICHAEL & CONNIE 81.98 53.10 28.88 03/08/2004 54.00 -
35.35.0081.3 PRELLWITZ, RODNEY & BARBAI 57.76 28.88 28.88 03/16/2004 55.12 -
36.69.1620.2 PRE-SETTLEMENT FINANACING 40.24 20.12 20.12 02/2712004 23.88 -
23.01.0100.2 PYLICAN, WOODROW A. 131.29 131.29 02/18/2003 45.26 -
31.52.0302.1 R T NAHAS FURNITURE STORE. 100.46 59.63 40.83 03/16/2004 44.59 -
30.74.0902.2 RACK HAM, LARRY 99.99 23.33 50.39 26.27 02/18/2004 44.70 -
24.04.1838.3 RADICAN, DONALD & CYNTHIA 83.04 50.86 32.38 0211712004 73.00 -
23.23.3490.2 RAYBORN,ROBERT 81.32 42.00 39.32 02123/2004 41.00 -
20.46.0200.1 READ, TERRY & SUSAN 38.14 37.26 .88 03/25f2004 28.00 -
30.74.0392.2 REES, ARTHUR 49.42 32.64 16.78 02/03/2004 40.98 -
25.05.0720.2 RICHARDSON. HARRY & LORI 135.52 64.00 71.52 03/09/2004 86.56 -
30.30.6106.1 RIVERWOOD HOMES 21.08 17.60 3.48 03/31f2004 17.60 -
37.37.3238.1 RIVERWOOD HOMES INC. 35.20 17.60 17.60 03f31f2004 17.60 -
22.50.0258.4 ROBBINS, ELLEN 56.82 35.30 21.52 0310812004 40.00 -
22.50.0256.2 ROBBINS, ELLEN 74.90 58.34 16.56 03f08/2004 60.00 -
22.50.2432.2 ROBERTS, BOB 56.12 55.24 .88 04/19/2004 50.00 -
25.05.0164.1 ROBINSON. CAL & COLLEEN 104.16 57.72 46.44 03/16/2004 84.04 -
22.51.3214.2 ROEHR, CLINT 72.85 49.52 23.33 02112/2004 75.00 -
20.46.0470.2 ROQUE. ANTONIO & JOSEFINA 86.38 51.22 35.16 02/26/2004 65.16 -
31.52.1644.1 ROY ENTERPRISES LLC 210.42 108.97 101.45 03/15f2004 108.97 -
23.02.4350.1 SABLE, CHERYL 57.76 28.88 28.88 02/27f2004 61 .52 -
24.04.0548.2 SAUER, DAVID 117.52 52.36 65.16 02/25f2004 116.46 -
35.65.0872.4 SCHILD, LES 17.74 9.36 8.38 03/16/2004 9.36 -
30.74.0382.2 SCHILDHAUER, YOLANDE 70.32 38.92 31.40 03f15/2004 38.92 -
32.32.4910.1 SCOTT TUTT 28.24 17.60 10.64 03/1512004 24.84 -
24.04.2294.3 SCOTT, STEVEN & LORI 176.72 35.16 141.56 03/1612004 45.00 -
35.35.2392.2 SEMMER, CHAD & MARY 65.28 36.40 28.88 02/19/2004 80.32 -
30.74.0322.2 SHELDON, PAM 74.68 51.44 23.24 04109/2004 50.00 -
22.50.3694.3 SHELTRON. ROGER 89.38 61.74 27.64 03101f2004 31.40 -
22.50.1910.4 SHEL TRON. ROGER 114.42 70.50 43.92 03/17f2004 73.92 -
22.50.0292.1 SHOEMAKER. T AMI 157.66 50.50 43.92 47.68 15.56 04/06f2004 78.00.
23.01.2760.1 SIEGEL. ROSALIE 52.22 28.34 20.12 3.76 04/06/2004 20.12 -
30.74.3096.1 SIGMOND, SERGIO 111.60 42.68 68.92 03/15/2004 50.20 -
23.02.2500.1 SILVA, JOSEPH 98.60 98.06 .54 04/08/2004 83.00 -
20.47.1216.2 SIMMONS. JILL 58.04 42.56 15,48 03/1112004 40.00 -
37.37.3884.1 SLADICH, LAWRENCE 10.72 7.24 3,48
... in Msg column indicates no Notice is to be sent
,. . (
r
CITY OF MERIDIAN Delinquent Account List- cou ncil Page: 6
Standard Payment Customers Apr 20, 2004 04:54pm
Current Period: 05f05/2004
No Delinquent Minimum AmountDelinquent Balance
Las! Pmt Last Pml
Cust No Name Balance Non-Delinq 03/20/2004 02120/2004 01/20/2004 Date Amount
22.51.3660.1 SLAY, LAWRANCE 310.01 79.44 86.03 144.54 03/10/2004 52.26 -
23.01.1020.1 SLAY, LAWRANCE 69.24 42.00 27.24 03/10/2004 48.50 -
23.02.3962.4 SLENDER, LEONARD & BOSWEI 54.80 49.68 5.12 03/2212004 20.00.
30.74.1086.3 SLYTER, GORDON 106.60 63.92 42.68 03/15/2004 53.96.
22.51.0498.1 SMITH, KARL 65.40 65.04 .36 04/06/2004 25.00 -
24.03.0038.2 SPANGENBERG. TODD 42.72 21.36 21.36 03/09/2004 25.12 -
23.02.0180.2 SPANGLER, STEVE 51.92 26.80 25.12 03/16/2004 51.45 -
36.69.1640.2 SPENCER, SHIRLEY 83.22 53.96 29.26 02113/2004 37.30 -
30.74.2428.5 SPRONG, RICHARD .50 .50 02/23/2004 157.22 -
30.74.0404.1 STOUT, DAVID L 83.21 28.88 28.88 25.45 10107/2003 150.00.
36.69.0186.1 STRAWN. CHRISTOPHER 67.78 33.92 33.86 03/1212004 45.20 -
22.50.1754.2 STRICKARSKIY, ALEX & NADIA 38.68 21.08 17.60 03/01/2004 28.88 -
36.69.0484.6 TADEVIC, TOM 156.72 61.48 95.24 03/2212004 76.52-
22.51.0906.1 TAGGART, RET A 113.88 54.92 58.96 03/0212004 74.00 -
23.02.4960.1 TATMAN, CHRISTY 53.96 50.20 3.76 03/11/2004 53.96 -
22.50.1020.1 TECOINVESTMENTS 67.14 61.78 5.36 04/15/2004 90.00.
20.47.0052.4 TENNANT, ROBERT & CONNIE 147.16 66.84 43.92 36.40 03/04/2004 43.92 -
24.03.9836.2 TERRACE PlAZA L.L.C. 151.15 150.85 .30 03/16/2004 93.63 -
23.02.1190.1 TERRELL, A 64.18 35.30 28.88 03/08/2004 66.40 -
29.07.0776.2 THOMASON, JEFFRERY 80.28 76.52 3.76 03/1612004 46.44 -
22.51.0338.3 THOMPSON. KEN 53.88 32.52 21.36 02/18/2004 47.60 -
30.74.3234.4 THOMSEN, LORIE 73.08 51 .44 21.64 03/08/2004 33.26 -
24.03.0606.3 T J INVESTMENTS 97.92 17.60 36.40 43.92 01/14/2004 40.16 -
30.74.2520.1 TOLAND, DAVID 46.82 46.44 2.38 03/2212004 70.00 -
36.69.1658.1 TOM WEIGLE & SONS CONSTRI 6.96 3.48 3.48
23.02.3842.1 TRAVIS, ROYAL 67.02 49.42 17.60 02105/2004 17.60 -
35.35.7838.1 TREASURE VALLEY PEDIATRIC: 243.48 169.86 73.62 04/14/2004 50.00 -
30.74.2386.2 TUPPER, PAXTON & APRIL 151.96 151.72 .24 04/06/2004 84.00 -
22.51.3086.6 U.S DEPT OF HOUSING 167.70 167.70 04/25/2003 66.02 -
22.51.1142.2 VANBRAGT, MICHAEL & ALLY 72.54 31.03 11.31 7.55 22.65 10/21/2003 7.55 -
22.51.1144.2 VANCE, JIM & DERRIAN 60.09 11.03 7.55 7.55 33.96
22.50.0136.3 VICTORY, CHRIS 96.50 78.90 17.60 03/17/2004 34.65 -
23.02.1860.3 VICTORY, CHRISTOPHER 112.32 62.56 49.76 03/17/2004 127.00.
30.74.3788.2 VINCENNES INVESTMENTS LLC 94.32 55.20 39.12 04/08/2004 25.00 -
22.51.3094.2 VNUK, JOHN 86.70 35.70 26.50 26.50 01/07/2004 109.51 -
35.35.5017.2 WAGEMAN, CLINT 97.78 43.92 53.86 03/17/2004 90.00 -
23.01.2310.2 WALKER, BETTE 106.79 85.83 20.96 03/17/2004 45.00 -
23.02.3200.3 WALKER, NOLAN & STATEN, RE 93.76 57.36 36.40 03f08/2004 47.68 -
20.46.0860.2 WALMER, TAMMY JO 110.08 52.04 58.04 02119/2004 100.00 -
23.D1.3340.1 WALSH, RON 136.52 136.52 01/16/2002 29.17 -
22.51.3310.2 WEBB, MICHAEL 45.82 39.49 6.33 04/19/2004 22.00 -
23.01.1110.2 WEST. JONI 51.92 26.80 25.12 02123/2004 21 .36 -
23.02.5710.1 WESTCOTT, RICHARD G 54.00 25.12 28.88 02123/2004 28.88 -
30.74.3122.1 WESTERBERG,STEVEN 56.76 38.92 17.84 03/17/2004 60.00 -
35.35.0067.2 WHEELER, JOSHUA & HEIDI 103.04 42.68 46.44 13.92 02127/2004 38.92 -
24.04.1618.2 WHIPPLE, JASON 105.04 98.28 6.76 03/08/2004 66.00 -
30.30.6060.2 WILLIS, SARAH 61.52 36.40 25.12 0211712004 36.40 -
24.03.0316.2 WILSON, RUSSELL 39.32 38.92 .40 03/16/2004 100.00 -
30.74.0094.4 WINWOOD, RANDY & CATHLEEI 87.94 43.92 43.92 .10 03/08/2004 55.00 -
25.25.1040.3 WOLDEGOBREAL, LULU 84.08 43.92 40.16 03/17/2004 47.68 -
22.50.2426.1 WYATT, SAMUAL 70.12 66.68 3.44 04/06/2004 47.66 -
30.74.0372.3 YELTON, LAURA 57.76 32.64 25.12 03/09/2004 58.96 .
23.02.0680.1 YOUNG, AUSTIN L 98.62 58.32 40.30 04/02/2004 70.30.
32.32.4100.2 YRAGUEN, JOHN & NICOLE 94.04 51.60 42.44 03/11/2004 62.72 .
22.50.3784.1 ZAVALA. JOSE 74.96 45.92 29.04 03/12/2004 40.00 -
... in M s9 column indicates no Notice is to be sent
(
(
CITY OF MERIDIAN
Delinquent Account List. council
Standard Payment Customers
Current Period: 05/05/2004
No Delinquent Minimum AmountDelinquent Balance
Page: 7
Apr 20, 2004 04:54pm
Cust No
Name
Balance
Non-Delinq
03/20/2004
02120/2004
01/2012004
Last Pmt
Date
Last Pmt
Amount
Grand Totals:
32,086.20
17,171.35
11,028.97
1,916.16
1,969.72
Report Criteria:
Terminated customers not included
Customer.Cust No ()" {<} 880000001
Customer.BiIl Cycle" 1
n. in Msg colu mn indicates no Notice is to be sent
April 15, 2004
MERIDIAN CITY COUNCIL MEEfING
APPLICANT
April 20, 2004
ITEM NO. ~
REQUEST Executive Session per Idaho State 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 COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
<1t~
r#(/V
rv\J
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at pubUc meetings shalf become property of the CIty of Meridian.
WHITE PETERSON
ATTORNEYS AT LAW
KEVIN E. DINIUS
JULIE KLEIN FISCHER
CHRISTOPHER D. GABBERT
WM. F. GIGRAY, III
T. GUY HALLAM ..
JILL S. HOLINKA
JOlIN R. KORMANIK ·
WILLIAM A. MORROW
WILLIAM F. NICHOLS ..
WHITE PETERSON, P.A.
CANYON PARK AT THE IDAHO CENTER
5700 E. FRANKUN RD., SUITE 200
NAMPA, IDAHO 83687-7901
TEL (208) 466-9272
FAX (208) 466-4405
CHRlSTOPHERS. NYE
PHILIP A. PETERSON
TODD A. ROSSMAN
TERRENCE R. WHITE'"
· Also admitted in CA
.. Also admitted in OR
... Also admitted in W A
May 19,2004
William G. Berg, J r.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
R,ECEIVED
MAY 2 .J 2004
C~itv OfIv1eridian
Ci(v Clerk Office
Re: SUNDANCE LIMITED COMPANY, LLC I SUNDANCE PLACE
SUBDIVISION NO. 3/ FINAL PLAT - (FP-04-023)
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.
dc\Z;\Work\M\Meridian\Meridian 15360M\Sundance Place Sub No.3 FP 04-023\ClerkFPltr 0519 04.doc
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF SUNDANCE
LIMITED COMPANY, LLC, FOR
APPROVAL OF SIXTY-ONE (61)
SINGLE-FAMILY RESIDENTIAL
BUILDING LOTS AND TWO (2)
COMMON LOTS ON 17.27 ACRES
IN AN R~8 ZONE, LOCATED
APPROXIMATEL Y ~ MILE
NORTH OF W. USTICK ROAD IN
THE SW y.. OF SECTION 31, TAN.,
R.IE.
C/C 04/20/04
)
)
)
)
)
)
)
)
)
)
)
)
)
CASE NO. FP-04-023
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 April 20, 2004, and the Council finding that the Administrative
Review is complete from Sonya Allen for the Planning and Zoning Department, and Bruce
Freckleton, Engineering Technician III, dated: Hearing Date: April 20, 2004, to the Mayor and
Council, and that Anna Powell, Planning Director for the Planning and Zoning Department,
commented at the hearing, and the Council having considered the requirements of the preliminary
plat the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING SUNDANCE PLACE SUBDIVISION NO. 3
LOCATED IN THE NE Y.t OF THE SW Y.t OF SECTION 31 TAN., R.lE., B.M., MERIDIAN, ADA
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE PLACE
SUBDIVISION NO.3 I (FP-04~023)
Page 1 of5
COUNTY, IDAHO, 2004, HANDWRITTEN DATE: DATED 03/19/04, SUNDANCE LIMITED
COMPANY, L.L.C., DEVELOPER, IDAHO FALLS, ID, JOB NO. 40105 SHEET 1 OF 2,
ENGINEERING SOLUTIONS, LLP, EAGLE, IDAHO, IDAHO SURVEY GROUP, MERIDIAN,
IDAHO, 03/19/2004", Sundance Limited Company, 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 for the Planning and
Zoning Department, dated: Hearing Date: April 20, 2004, listing 13 SITE SPECIFIC COlv1MENTS /
FINAL PLAT and 8 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, a
true and correct copy of a response letter from Engineering Solutions, LLP, which is attached hereto
marked Exhibit 'B', consisting of two pages, and by this reference incorporated herein, and the
additional requirements from the action of the Council taken at their April 20, 2004 meeting as
follows, to-wit:
1.1 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
ORDER OF CONDITIONAL APPROVAL OF FWAL PLAT FOR SUNDANCE PLACE
SUBDIVISION NO.3 I (FP-04-023)
Page 2 of5
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
OfEnviromnentaI Quality, July 1997.
2. Stormwater Best Management Practices Guidebook. Prepared by
City of Boise Public Works Department, May 2000.
1.2 Adopt the Recommendations of Settlers Irrigation District as follows:
1. All irrigation/drainage facilities along with their easements must
be protected and continue to function. The facility involved is the
White Drain (parkins Nourse Drain). A 30' easement is required.
2. A Land Use Change Application must be on file prior to any
approvals.
3. A license agreement MUST be signed and recorded prior to
construction of and S.LD. facilities.
4. Any changes to the existing irrigation system such as relocation,
tiling, and landscaping must be approved by Settlers Irrigation
District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within
the above-mentioned subdivision. If the developer wishes to have
Settlers Irrigation District own, operate, and maintain the pressure
irrigation system an agreement needs to be in place prior to the
pre-construction meeting.
7. These developments fall within the SID boundary.
2. The final plat upon which there is contained the Certification and signature of the City
Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only
at such time as:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE PLACE
SUBDIVISION NO.3 / (FP-04-023)
Page 3 of5
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 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 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 OIU
day of Arri \
, 2004.
B~
~~y 'ty of ~eridian
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE PLACE
SUBDIVISION NO.3 I (FP-04-023)
Page 4 of5
/
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Copy served upon Applicant, the Planning/MdZ~ni'i1g Department, Public Works Department,
and City Attorney. '
Attest:
By: (~\Q , ~ (Juy\-
Dated: iY\~ ;:J~ I dC04-
Dc\Z:\Work\M\Meridian\Meridian 15360M\Sundance Place Sub No.3 FP 04-023\OrderFP.doc
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE PLACE
SUBDIVISION NO.3 / (FP-04-023)
Page 5 of5
MAYOR
Tammy de Weerd
~~ /C1TYOF
'-/Vlerldian
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,~ IDAHO .~
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CITY HALL
(208) 888-4433 - Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 - Fax 898-9551
CITY COUNCIL MEMBERS
Keith Bird
William LM. Nary
Shaun Wardle
Charles M. Rountree
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
MEMORANDUM:
Hearing Date: April 20, 2004
To:
Mayor & City Council
From:
(il{
Sonya Allen, Assistant City Planner;)
Bruce Freckleton, Engineering Tech ill ~
SUNDANCE PLACE SUBDIVISION NO.3
Re:
Request for Final Plat Approval of Sun dance Place Subdivision No.3, Consisting
of Sixty-one (61) Single-family Residential Building Lots and Two (2) Common
Lots on 17.27 Acres in an R-8 Zone by Sundance Limited Company, LLC (File
No. FP-04-023).
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or
deleted by motion of the Meridian City Council:
APPLICATION SUMMARY & LOCATION
This is the third phase of Sundance Place Subdivision and consists of 61 single-family
residential building lots and 2 common (landscaping/open space/drainage) lots on 17.27 acres in
an R-8 zone. The gross density of Phase NO.3 is approximately 3.53 dwelling units/acre. The
net density is approximately 4041 dwelling units/acre.
The final plat for this phase complies with the approved preliminary plat.
Staff recommends approval for Sundance Place Subdivision No. 3 with the comments and
conditions stated in this report.
LOCATION
This phase of Sundance Place Subdivision is located approximately ~ mile north ofW. Ustick
Road in the SW ~ of Section 31, TAN., R IE.
Exhibit < A' Page 1 of 4
Mayor & City Council
Hearing Date: April 20, 2004
Page 2 of 4
SITE SPECIFIC REOUlREMENTS
1. Applicant shall meet all terms of the approved Annexation (AZ-02-016) and Preliminary
Plat (pP-02-010).
2. The pressurized irrigation system within this development is to be owned and
maintained by the Sundance Place Homeowner's Association. 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. A draft copy of the pressurized irrigation
system O&M manual must be submitted prior to development plan approval.
Staff notes that the irrigation district referenced in the application names Nampa &
Meridian Irrigation District in error. This development is within the Settler's Irrigation
District.
3. Street signs are to be in place, water system shall be approved and activated, pressurized
irrigation system approved and activated, drainage lots constructed, fencing installed,
and road base approved by the Ada County Highway District prior to applying for
building permits. All development improvements, including fencing, micro-paths,
irrigation, and landscaping shall be installed and approved prior to obtaining certificates
of occupancy. A letter of credit or cash surety in the amount of 110% will be required
for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. 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. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service.
5. Please add or revise the following plat notes:
(10.) Include instrument number for blanket easement.
6. Fencing is approved as shown on the landscape plan dated 3/23/04 (Sheets L-I & L-2)
prepared by The Land Group, Inc.
Fencing within 20 feet of all public right of ways shall be no taller than 3-feet in height
if sight obscuring material is used or 4-feet in height if non-sight obscuring material is
used.
Exhibit < A' Page 2 of 4
Mayor & City Council
Hearing Date: April 20, 2004
Page 3 of4
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. The landscape plan dated 3/23/04 (Sheets L-l & L-2) prepared by The Land Group, Inc.
is approved as submitted.
9. 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.
10. Provide a blow-up detail of the lot pin configuration at the southwest comer of Lot 30,
Block 5. It appears that there are two pins within 3.21' of each other.
11. Provide a 30-foot wide easement across the north side of Lot 40, Block 5, and a 20-foot
wide easement across the north side of Lot 34, Block 5, to provide a total of 3D-feet in
width for the Nourse-Parkins Lateral as required by the Settler's Irrigation District.
Adjust lot line as necessary in order to ensure that Lots 34-40 are buildable.
12. 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 stonns up to
and including a lOO-year storm event. (All areas being counted toward the 10% open
space amenity shall be free of "wet ponds" or other such nuisances.)
13. Sta.fP s failure to cite specific ordinance provisions or terms of the approved annexation
or preliminary plat does not relieve 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, with written confirmation of said
approval submitted to the Public Works Department.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
3. One-Hundred watt (lOOw), high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed
at subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Pinal design locations and quantity are determined after power designs are completed by
Exhibit 'A' Page 3 of 4
Mayor & City Council
Hearing Date: April 20, 2004
Page 4 of4
Idaho Power Company. Street light contractor to obtain design and permit from the
Public Works Department prior commencing installations.
4. Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
5. Sewer and water mains shall be extended to and through the proposed development,
thereby making the available for adjacent properties.
6. Applicant's engineer will be required to submit a signed, stamped statement certifying
that all street finish centerline elevations are set a minimum of three feet above the
highest established nonnal groundwater elevation.
7. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief
and the Public Works Department.
8. Provide sidewalks in accordance with the MCC.
STAFF RECOMMENDATION
Staff recommends approval of the final plat for Sundance Place Subdivision NO.3 with the
above stated comments & conditions.
Exhibit · A' Page 4 of 4
E~~~f!}!S:
150 East Aikens Street, Suite B
Eagle, ID 83616
Phone; (208) 938~0980
Fax: (208) 938-0941
E-mail: es-beckym@qwest.net
April 16,2004
RE(jEIV'ETJ
APR 1 6 2004
Mayor and City Council
City of Meridian
33 East Idaho Avenue
Meridian, ill 83642
City Of IvIeridian
City Clerk Office
Re: Sundance Place Subdivision No.3 (Final Plat)
File No. FP-04-023
Dear Mayor and Council:
We have reviewed staff comments for the hearing date of April 20, 2004, and have the following
responses:
SITE SPECIFIC REQUIREMENTS
1. The applicant will meet all terms of the approved annexation (AZ-02-016) and
preliminary plat (PP -02-010).
2. The applicant will comply.
3. The applicant will comply.
4. The applicant will comply.
5. The applicant will comply.
6. The note will be revised as requested.
7. The applicant will comply.
8. Approval ofthe landscape plan dated 3/23/04 is noted.
9. The applicant will comply.
10. The applicant will comply.
11. The applicant will add the 30-foot-wide easement.
C:\Documents and Settings\greent\Loca! Settings\Tempofaty Internet Files\OLK18 8\RecsResponse! .doc
Exhibit "B"
I of Z.
Mayor and City Council
April 16, 2004
Page 2
12. The applicant will comply.
13. Noted.
GENERAL REQUIREMENTS
1. The applicant will comply.
2. The applicant will comply.
3. The applicant will comply.
4. The applicant will comply.
5. The applicant will comply.
6. The applicant's engineer will provide the certification.
7. The applicant will comply.
8. The applicant will comply.
Please feel free to call me if you have additional comments or questions.
Sincerely,
Engineering Solutions, LLP
Becky McKay
Partner
BM:ss
cc: Mr. Eric Guanell
C:\Documents and SeUings\grecnt\Local Settings\Tempomry Intemet Files\OLK188\RecsResponsel.doc
Exhibit "B"
2.';2
(
EIVED
MAY 26 2004
WHITE PETERSON
City Of Meridian
City Clerk Office
ATTORNEYS AT LAW
KEvIN E. DINIUS
JULIE KLEIN FISCHER
CHRISTOPHER D. GABBERT
WM. F. GIGRAY.]J[
T. GUY HALLMI **
JILL S. HOLlNKA
JOHN R. KORMANIK *
WILLIAM A. MORROW
WILLIAM F. NICHOLS **
WHITE PETERSON, P.A.
CANYON PARK AT THE IDAHO CENTER
5700 E. FRANKLIN RD., SUITE 200
NAMPA, IDAHO 83687-790 I
TEL (208)466-9272
FAX (208) 466-4405
CHRISTOPHER S. NYE
PHILIP A. PETERSON
TODD A. ROSSMAN
TERRENCE R. WHITE ***
* Also udmiued in CA
** Also admitted in 0 R
*** Also admitted in W A
May 26, 2004
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
Re: SUNDANCE LIMITED COMPANY, LLC / SUNDANCE PLACE
SUBDIVISION NO.2 / FINAL PLAT - (FP-04-022)
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 trul y yours,
Wm. F. Nichols
DCZ;\ Work\M\Melidian\Meridian 15360M\Sundance Place Sub No.2 FP 04-022\ClcrkFPltr 05 19 04.doc
BEFORE THE MERIDIAN CITY COUNCIL
C/C 04120/04
IN THE MATTER OF THE )
APPLICATION OF SUNDANCE )
LIMITED COMPANY, LLC,FOR )
APPROVAL OF 31 SINGLE- )
FAMILY RESIDENTIAL BUILDING )
LOTS AND 2 COMMON )
(LANDSCAPING/OPEN )
SP ACEIDRAINAGE) LOTS ON 8.99 )
ACRES IN AN R-8 ZONE., )
LOCATED ~ MILE NORTH OF W. )
USTICK ROAD IN THE SW ~ OF )
SECTION 31, TAN., R.IE. )
)
CASE NO. FP-04-022
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval pursuant to
Meridian City Code S 12-3-7 on April 20, 2004, and the Council finding that the Administrative
Review is complete from Sonya Allen for the Planning and Zoning Department, and Bruce
Freckleton, Engineering Technician III, dated: Hearing Date: April 20, 2004, to the Mayor and
Council, and that Anna Powell, Planning Director for the Planning and Zoning Department, and
Becky McKay, for Engineering Solutions, LLP, 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:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE PLACE
SUBDIVISION NO. 2/ (FP-04-022)
Page 1 of6
1. The Final Plat of "PLAT SHOWING SUNDANCE PLACE SUBDIVISION NO.2
LOCATED IN GOVERNMENT LOT 3 AND THE NE ~ OF THE SW ~ OF SECTION 31 TAN.,
R.IE., B.M. MERIDIAN, ADA COUNTY, IDAHO, 2004, HANDWRITTEN DATE: DATED
03/19/04, SUNDANCE LIMITED COMPANY, L.L.C., DEVELOPER, IDAHO FALLS, ID, JOB
NO. 40104 SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP, EAGLE, IDAHO, IDAHO
SURVEY GROUP, MERIDIAN, IDAHO, 03/1912004", Sundance Limited Company, 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 Teclmician III,
and Sonya Allen for the Planning and Zoning Department, dated: Hearing Date: April 20, 2004,
listing 12 SITE SPECIFIC COMMENTS / FINAL PLAT and 8 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 April 20, 2004 meeting as follows, to-wit:
1.1 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 storm water
disposal and design a stormwater management system that is
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE PLACE
SUBDNISION NO. 2/ (FP-04-022)
Page 2 of6
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. Stonnwater Best Management Practices Guidebook. Prepared by
City of Boise Public Works Department, May 2000.
1.2 Adopt the Recommendations of Settlers Irrigation District as follows:
1. All irrigation/drainage facilities along with their easements must
be protected and continue to function. The facility involved is the
White Drain (Parkins Nourse Drain). A 30' easement is required.
2. A Land Use Change Application must be on file prior to any
approvals.
3. A license agreement MUST be signed and recorded prior to
constmction of and S.LD. facilities.
4. Any changes to the existing irrigation system such as relocation,
tiling, and landscaping must be approved by Settlers Irrigation
District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within
the above-mentioned subdivision. If the developer wishes to have
Settlers Irrigation District own, operate, and maintain the pressure
irrigation system an agreement needs to be in place prior to the
pre-construction meeting.
7. These developments fall within the SID boundary.
2. The final plat upon which there is contained the Certification and signature of the City
Clerk and the City Engineer verifYing that the plat meets the City's requirements shall be signed only
at such time as:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE PLACE
SUBDIVISION NO.2 / (FP-04-022)
Page 3 of 6
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 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 OJ O-fh
day of Arf(i)
, 2004.
d eerd
ity of Meridian
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE PLACE
SUBDNISION NO.2! (FP-04-022)
Page 4 of6
Attest
BY;~\iL ,~ a JIl )
Dated: "JU,nL \, ;le04-
ORDER OF CONDITIONAL APPROVAL OF FmALPLATFOR SUNDANCEPLACE
SUBDIVISION NO. 2/ (FP-04-022)
Page 5 of6
Dc\Z:\Work\M\Meridian\Meridian 1 5360MlSundance Placc Sub No.2 FP 04-022\OrderFP.doc
ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR SUNDANCE PLACE
SUBDIVISION NO.2! (FP-04-022)
Page 6 of6
;:
i;.
MAYOR
Tammy de Weerd
f""'-... P r CITY OF_ """'::"'~'~'. '
\..JVLerldicrn to';
CITY HALL
(208) 888-4433 - Fax 887-48 [3
PUBLIC WORKS
BUILDfNG DEPARTMENT
(208) 887-22[ 1 - Fax 898-955 [
CITY COUNCIL MEMBERS
Keith Bird
William L.M. NOll)'
ShaUll Wardle
Charles M. Roulltree
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
MEMORANDUM:
Hearing Date: April 20, 2004
To:
Mayor & City Council
From:
Sonya Allen, Assistant City PlannerJti
Bruce Freckleton, Engineering Tech III ~
SUNDANCE PLACE SUBDIVISION NO.2
Re:
Request for Final Plat Approval of Sundance Place Subdivision No.2, Consisting
of Thirty-one (31) Single-family Residential Building Lots and Two (2)
Common Lots on 8.99 Acres in an R-8 Zone by Sundance Limited Company,
LLC (File No. FP-04-022).
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or
deleted by motion of the Meridian City Council:
APPLICATION SUMMARY & LOCATION
This is the second phase of Sundance Place Subdivision and consists of 31 single-family
residential building lots and 2 common (landscaping/open space/drainage) lots on 8.99 acres in
an R-8 zone. The gross density of Phase No.2 is approximately 3.45 dwelling units/acre. The
net density is approximately 4.43 dwelling units/acre.
The final plat for this phase complies with the approved preliminary plat.
Staff recommends approval for Sundance Place Subdivision No.2 with the comments and
conditions stated in this report.
LOCATION
This phase of Sundance Place Subdivision is located approximately lh mile north of W. Ustick
Exhibit' A' Page 1 of 4
Mayor & City Council
Hearing Date: April 20, 2004
Page 2 of 4
Road in the SW V40f Section 31, TAN., R.1E.
SITE SPECIFIC REQUIREMENTS
1. Applicant shall meet all terms of the approved Annexation (AZ-02-0] 6) and Preliminary
Plat (PP-02-0l0).
2. The pressurized Imgation system within this development is to be owned and
maintained by the Sundance Place Homeowner's Association. 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 plior to signature on
the final plat by the Meridian City Engineer. A draft copy of the pressurized irrigation
system O&M manual must be submitted prior to development plan approval.
Staff notes that the irrigation district referenced in the application names Nampa &
Meridian Inigation District in error. This development is within the Settler's Irrigation
District.
3. Street signs are to be in place, water system shall be approved and activated, pressurized
irrigation system approved and activated, drainage lots constructed, fencing installed,
and road base approved by the Ada County Highway District prior to applying for
building permits. All development improvements, including fencing, micro-paths,
irrigation, and landscaping shall be installed and approved prior to obtaining certificates
of occupancy. A letter of credit or cash surety in the amount of 110% will be required
for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. 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 tlrrough this proposed development, thereby making them available to adjacent
properties. Subdivision designer to coordinate main sizing and routing with the Public
Works Department. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service.
5. Fencing is approved as shown on the landscape plan dated 3/23/04 (Sheet L-1) prepared
by The Land Group, Inc.
Fencing within 20 feet of all public right of ways shall be no taller than 3-feet in height
if sight obscuring material is used or 4-feet in height if non-sight obscuring material is
used.
Temporary construction fencing will be required along the eastern boundary unless
fencing exists at the subdivision boundary.
Exhibit' A' Page 2 of 4
Mayor & City Council
Hearing Date: April 20, 2004
Page 3 of4
6. 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. The landscape plan dated 3/23/04 (Sheet L-1) prepared by The Land Group, Inc. IS
approved as submitted.
8. Graphically depict a 5-foot wide public utility, drainage and irrigation easement along
the east side of Lot 1, Block 7.
9. Complete the recording information for Sundance Place Subdivision No.1 on the face of
the plat and in the Certificate of Owner's.
10. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as detennined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
11. Drainage areas (detention/retention basins) must be designed to ensure that water will
percolate or discharge within a period of time not to exceed 24 hours for all storms up to
and including a 100-year storm event. (All areas being counted toward the 10% open
space amenity shall be free of "wet ponds" or other such nuisances.)
12. Staffs failure to cite specific ordinance provisions or terms ofthe approved annexation
or preliminary plat does not relieve 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, with written confinnation of said
approval submitted to the Public Works Department.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
3. One-Hundred watt (lOOw), high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed
at subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are detennined 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.
Exhibit 'A' Page 3 of 4
Mayor & City Council
Hearing Date: April 20, 2004
Page 4 of 4
4. Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
5. Sewer and water mains shall be extended to and through the proposed development,
thereby making the available for adjacent properties.
6. Applicant's engineer will be required to submit a signed, stamped statement certifying
that all street finish centerline elevations are set a minimum of three feet above the
highest established nonnal groundwater elevation.
7. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief
and the Public Works Department.
8. Provide sidewalks in accordance with the MCC.
STAFF RECOMMENDATION
Staff recommends approval of the final plat for Sundance Place Subdivision No. 2 with the
above stated comments & conditions.
Exhibit 'A' Page 4 of 4
( HIE EIVED
APR 1 4 2004
interoffice
MEMORANDUM
City Of Mer-iclian
City Clerk Office
To:
William G. Berg, Jr.
From:
Wm. F. Nichols
Subject:
Chesterfield Subdivision (AZ-03-037)
Date:
April 14, 2004
Will:
Please find attached the original of the ORDER OF REMAND TO PLANNING
AND ZONING, pertaining to the above matter. Please note this application was remanded back
to Planning and Zoning at the City Council meeting held on March 23,2004. The Order is now
ready to be placed upon an upcoming City Council agenda. This Order should be approved first
before approving the corresponding Orders on Preliminary Plat PP-03-046, and Conditional Use
Permit CUP-03-070.
Ifyoil have any questions please advise.
Z:\Work\M\Meridian\Meridian 15360M'Chesterfield Sub AZ-03'{}37 PP'{}3'{}46 CUP.{}3.{}70 Remand back to PZ\Berg Remand AZ Memo 04 14
04.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE REMAND TO )
PLANNING AND ZONING FOR THE )
APPLICATION OF CHESTERFIELD )
SUBDIVISION OF 46.4 ACRES TO R-8, )
LOCATED ON PINE STREET, )
APPROXIMATELY Yi MILE NORTH OF )
FRANKLIN ROAD AND Yi MILE WEST OF )
TEN MILE ROAD, MERIDIAN, IDAHO )
)
BY: CENTENNIAL DEVELOPMENT, LLC )
APPLICANT )
)
C/C 03-23-04
CASE NO. AZ-03-037
ORDER OF
REMAND TO
PLANNING AND
ZONING
This matter having come before the City Council on March 23,2004, at the hour of7:00
o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the Council having
received the Recommendations from Planning and Zoning, and additionally having heard
testimony at the March 23, 2004 meeting from Anna Powell Planning Director for the Planning
and Zoning Department, Kevin Arnar, Judy Schweiger, Rick Jensen, and Tom Noll, and due to
the present design of the project, the Applicant shall re-design this project to address the design
of the lots (to provide for a mixture oflot sizes, frontage widths, and a variety of housing types
throughout the development), additionally address the location ofthe amenities and open space,
as well as incorporate the internal roadway system with the overall design ofthe project, and
being fully advised in the premises issues the following Decision and Order.
ORDER GRANTING REMAND TO
PLANNING AND ZONING AZ~03-037
Page 1 of3
DECISION AND ORDER GRANTING ORDER OF REMAND TO
PLANNING AND ZONING
Based upon the above and foregoing correspondence, testimony, and due to the present
design of the project, the Applicant shall re-design this project to address the design of the lots
(to provide for a mixture oflot sizes, frontage widths, and a variety of housing types throughout
the development), additionally address the location of the amenities and open space, as well as
incorporate the internal roadway system with the overall design of the project, IT IS HEREBY
ORDERED AND THIS DOES ORDER THAT:
1. The decision of the City Council is based upon the finding that the present
development design does not adequately provide for a mixture of lot sizes, frontage widths, nor a
variety of housing types throughout the development; that the present amenities and open spaces
are not adequate; and that the internal roadway system needs to be planned with the overall
design of the project in mind, therefore the Applicant will need to re-design this project to
address the above issues, and thus this application should be remanded back to the Planning and
Zoning Commission.
2. This matter is remanded back to the Planning and Zoning Commission for further
action in accordance with this decision.
By action ofthe City Council at its regular meeting held on the 20-fb-daYOf
/1rJ t
,2004.
ROLL CALL:
COUNCILMAN WARDLE
Voted ~
COUNCILMAN NARY
Voted yet<.-
ORDER GRANTING REMAND TO
PLANNING AND ZONING AZ-03-037
Page 2 of3
COUNCILMAN ROUNTREE
Voted ~v
COUNCILMAN BIRD
Voted~
MAYOR TAMMY de WEERD (Tie Breaker)
DATED: 4--Jv-01-
---
Voted
MOTION:
APPROVED: X
By:Jk?-"~-/}~+ J 9--
City Clerk y
Copy served upon Applicant, the Planning and Zoning Department, Public Works Dep.~l\tm6n1l11111
\\\ liS III
and the City Attorney. ,"\\..J Of mER//) II111
":\~ ~........
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Dated: ~-- 21-tJl-~
-
-
ORDER GRANTING REMAND TO
PLANNING AND ZONING AZ-03-037
Page 3 of3
(
REC.EIVE
APR 'I 4 2004
Interoffice
City Of Meridian
City Clerk Office
MEMORANDUM
To:
William G. Berg, Jr.
From:
Wm. F. Nichols
Subject:
Chesterfield Subdivision (CUP-03-070)
Date:
April 14, 2004
Will:
Please find attached the original of the ORDER OF REMAND TO PLANNING
AND ZONING, pertaining to the above matter. Please note this application was remanded back
to Planning and Zoning at the City Council meeting held on March 23, 2004. The corresponding
AZ-03-037 Order should be approved first, then the PP-03-046 Order, and then this CUP-03-070
Order will be approved last. This CUP-03-070 Order is now ready to be placed upon an
upcoming City Council agenda.
If you have any questions please advise.
Z:\Work\M\Meridian\Meridian 15360M'Chestemeld Sub AZ-OHJ37 PP-03-046 CUP-03-070 Remand back to PZ\Berg Remand CUP Memo 04
1404.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE REMAND )
TO PLANNING AND ZONING FOR )
THE APPLICATION OF CHESTERFILED )
SUBDIVISION LOCATED ON PINE STREET, )
APPROXIMATELY ~ MILE NORTH OF )
FRANKLIN ROAD AND % MILE WEST OF )
TEN MILE ROAD, MERIDIAN, IDAHO )
)
)
)
)
BY: CENTENNIAL DEVELOPMENT, LLC
APPLICANT
C/C 03-23-04
CASE NO. CUP-03-070
ORDER OF
REMAND TO
PLANNING AND
ZONING
This matter having come before the City Council on March 23,2004, at the hour of7:00
o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the Council having
received the Recommendations from Planning and Zoning, and additionally having heard
testimony at the March 23, 2004 meeting from Anna Powell Planning Director for the Planning
and Zoning Department, Kevin Amar, Judy Schweiger, Rick Jensen, and Tom Noll, and due to
the present design of the project, the Applicant shall re-design this project to address the design
of the lots (to provide for a mixture oflot sizes, frontage widths, and a variety of housing types
throughout the development), additionally address the location of the amenities and open space,
as well as incorporate the internal roadway system with the overall design ofthe project, and
being fully advised in the premises issues the following Decision and Order.
ORDER GRANTING REMAND TO
PLANNING AND ZONING CUP-03-070
Page 1 of3
DECISION AND ORDER GRANTING ORDER OF REMAND TO
PLANNING AND ZONING
Based upon the above and foregoing correspondence, testimony, and due to the present
design of the project, the Applicant shall re-design this project to address the design of the lots
(to provide for a mixture oflot sizes, frontage widths, and a variety of housing types throughout
the development), additionally address the location of the amenities and open space, as well as
incorporate the internal roadway system with the overall design of the project, IT IS HEREBY
ORDERED AND THIS DOES ORDER THAT:
1. The decision of the City Council is based upon the finding that the present
development design does not adequately provide for a mixture oflot sizes, frontage widths, nor a
variety of housing types throughout the development; that the present amenities and open spaces
are not adequate; and that the internal roadway system needs to be planned with the overall
design of the project in mind, therefore the Applicant will need to re-design this project to
address the above issues, and since the corresponding Case No. AZ-03-037 is being remanded,
this application should be remanded as well.
2. This matter is remanded back to the Planning and Zoning Commission for further
action in accordance with this decision.
NOTICE OF FINAL ACTION
Please take notice that this 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 remand of the preliminary plat 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 GRANTING REMAND TO
PLANNING AND ZONING CUP-03-070
Page 2 of3
By action of the City Council at its regular meeting held on the
"'7_*
?IV ~ day of
/!;wI?
,2004.
ROLL CALL:
COUNCILMAN WARDLE
Voted~
COUNCILMAN NARY
Voted~
COUNCILMAN ROUNTREE
Voted~
COUNCILMAN BIRD
Voted~
MAYOR TAMMY de WEERD (Tie Breaker)
DATED: /f"'-;V-01-
Voted
MOTION:
APPROVED: X-
I
{! weel-d.. - /h4~
DISAPPROVED:
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PZ CUP-03-070.doc
ORDER GRANTING REMAND TO
PLANNING AND ZONING CUP-03-070
Page 3 of3
R1JCEIVED
APR 1 4 2004
Interoffice
City Of Meridian
City CIerl, Office
MEMORANDUM
To:
William G. Berg, Jr.
From:
Wm. F. Nichols
Subject:
Chesterfield Subdivision (PP-03-046)
Date:
April 14, 2004
Will:
Please find attached the original of the ORDER OF REMAND TO PLANNING
AND ZONING, pertaining to the above matter. Please note this application was remanded back
to Planning and Zoning at the City Council meeting held on March 23,2004. The corresponding
AZ-03-037 Order should be approved first before this PP-03-046 Order, and then the
corresponding CUP-03-070 Order will be approved last. This PP-03-046 Order is now ready to
be placed upon an upcoming City Council agenda.
If you have any questions please advise.
Z:\Work\M\Meridian\Meridian 15360M\Chesterfield Sub AZ-03-037 PP-03-046 CUP-03-070 Remand back to PZ\Berg
Remand PP Memo 04 14 04.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE REMAND
TO PLANNING AND ZONING FOR
)
)
THE APPLICATION OF CHESTERFILED )
SUBDIVISION LOCATED ON PINE STREET, )
APPROXIMATELY Y2 MILE NORTH OF )
FRANKLIN ROAD AND Y2 MILE WEST OF )
TEN MILE ROAD, MERIDIAN, IDAHO )
)
)
)
)
BY: CENTENNIAL DEVELOPMENT, LLC
APPLICANT
C/C 03-23-04
CASE NO. PP-03-046
ORDER OF
REMAND TO
PLANNING AND
ZONING
This matter having come before the City Council on March 23,2004, at the hour of7:00
o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the Council having
received the Recommendations from Planning and Zoning, and additionally having heard
testimony at the March 23, 2004 meeting from Anna Powell Planning Director for the Planning
and Zoning Department, Kevin Amar, Judy Schweiger, Rick Jensen, and Tom Noll, and due to
the present design ofthe project, the Applicant shall re-design this project to address the design
ofthe lots (to provide for a mixture oflot sizes, frontage widths, and a variety of housing types
throughout the development), additionally address the location of the amenities and open space,
as well as incorporate the internal roadway system with the overall design ofthe project, and
being fully advised in the premises issues the following Decision and Order.
ORDER GRANTING REMAND TO
PLANNING AND ZONING PP-03-046
Page 10f3
DECISION AND ORDER GRANTING ORDER OF REMAND TO
PLANNING AND ZONING
Based upon the above and foregoing correspondence, testimony, and due to the present
design ofthe project, the Applicant shall re-design this project to address the design of the lots
(to provide for a mixture oflot sizes, frontage widths, and a variety of housing types throughout
the development), additionally address the location of the amenities and open space, as well as
incorporate the internal roadway system with the overall design of the project, IT IS HEREBY
ORDERED AND THIS DOES ORDER THAT:
1. The decision of the City Council is based upon the finding that the present
development design does not adequately provide for a mixture of lot sizes, frontage widths, nor a
variety of housing types throughout the development; that the present amenities and open spaces
are not adequate; and that the internal roadway system needs to be planned with the overall
design of the project in mind, therefore the Applicant will need to re-design this project to
address the above issues, and since the corresponding Case No. AZ-03-037 is being remanded,
this application should be remanded as well.
2. This matter is remanded back to the Planning and Zoning Commission for further
action in accordance with this decision.
By action of the City Council at its regular meeting held on the
/) ......-{'1t..
~- day of
lit h '2-
,2004.
ROLL CALL:
COUNCILMAN WARDLE
Voted~
COUNCILMAN NARY
Voted~
ORDER GRANTING REMAND TO
PLANNING AND ZONING PP-03-046
Page 2 of3
COUNCILMAN ROUNTREE
Voted~
COUNCILMAN BIRD
Voted~
MOTION:
MAYOR TAMMY de WEERD (Tie Breaker)
DATED: 1--J-fiJ-04-
;;z:;~#
DISAPPROVED:
Voted
APPROVED:
X
I
By:Adt~p~1L
City Clerk
Copy served upon Applicant, the Planning and Zoning Department, Public Works Den~litnHmt'l
. ,,'1\ ~4 Iltl
and the CIty Attorney. ""'~I Of 'iERID/IIIII
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PP-03-046.doc
ORDER GRANTING REMAND TO
PLANNING AND ZONING PP-03-046
Page 3 of3
~li{,t\ t.J Qos~ w ~ ov>h'c ND'ti~f- \V1vtVllcs ~
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, April 20, 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Charlie Rountree Bill Nary
Shaun Wardle Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Pastor Stan Kelly, Capital Christian Center:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve Minutes of March 16, 2004 City Council Regular Meeting:
B. Approve Minutes of March 16, 2004 Pre-Council Meeting:
C. Approve Minutes of March 23, 2004 City Council Regular Meeting:
D. Approve Minutes of March 23, 2004 Pre-Council Meeting:
E. Approve Minutes of April 6, 2004 City Council Regular Meeting:
F. Approve Minutes of April 6, 2004 Pre-Council Meeting:
G. Tabled from April 13, 2004: Findings of Fact and Conclusions of
Law for Approval: AZ 03-025 Request for annexation and zoning of
57.84 acres from RUT to C-G zones for Blue Marlin by W. H. Moore
Company - northwest corner of East Ustick Road and North Eagle
Road:
H. Findings of Fact and Conclusions of Law for Approval: VAC 04-
002 Request for a Vacation of easements for Lots 2 & 3, Block 1; Lots
3 & 4, Block 1; Lots 1 & 2, Block 2; and Lots 4 & 5 Block 2 for
Scottsdale Subdivision by Landmark Engineering & Planning, Inc. -
south of West Franklin Road and east of South Linder Road:
Meridian City Council Agenda - April 20,2004 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 hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
I. Findings of Fact and Conclusions of Law for Approval: CUP 04~
002 Request for a Conditional Use Permit for a temporary bank facility
with a drive-thru window a nd a drive-thru window for the permanent
structure in a C-C zone for Farmers and Merchants State Bank by
CSHQA - southwest corner of East Overland Road and South Eagle
Road:
J. Order Granting Remand to Planning and Zoning Commission: AZ
03~037 Request for Annexation and Zoning of 46.40 acres from RUT
to R-B zone for proposed Chesterfield Subdivision by Centennial
Development, LLC - east of North Black Cat Road and north of West
Franklin Road:
K. Order Granting Remand to Planning and Zoning Commission: PP
03~046 Request for Preliminary Plat approval of 215 residential
building lots and 34 common Jots on 46.40 acres in a proposed R-8
zone for proposed Chesterfield Subdivision by Centennial
Development, LLC - east of North Black Cat Road and north of West
Franklin Road:
L. Order Granting Remand to Planning and Zoning Commission:
CUP 03-070 Request for a Conditional Use Permit for a Planned
Development with request for reduction to the minimum requirements
for lot size, street frontage and front yard setbacks for patio homes for
proposed Chesterfield Subdivision by Centennial Development, LLC
- east of North Black Cat Road and north of West Franklin Road:
M. Resolution No. Terminatino aqent of
record designation for the City of Meridian:
N. Release of Agreement for Sewer I Water Assessment for Seventh
Dav Adventist Church:
O. Pressure Reducinq Vaults (PRV's) and Victory Road Water Line:
P. Centrate EQuiliation Tank Desion Proiect:
Q. Approve Beer. Wine. and liquor License Renewals:
Wal~Mart ~ Beer & Wine
Ultra Touch Car Wash - Beer
Bangkok House - Beer & Wine
Muggsy's - Beer & Liquor
The Cigarette Store - Beer
Wingers - Beer & Wine
Jacksons Food Store #99 - Beer & Wine
Jacksons Food Store #24 - Beer & Wine
Jacksons Food Store #11 - Beer & Wine
Jacksons Food Store #1 - Beer & Wine
Meridian City Council Agenda - April 20,2004 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.
Jacksons Food Store #97 - Beer & Wine
Jacksons Food Store #98 - Beer & Wine
Epi's - Beer & Wine
Round Table Pizza #870 - Beer & Wine
West of Philly - Beer & Wine
Pizza Hut - Beer & Wine
Pizza Hut - Beer & Wine
Chicago Connection - Beer & Wine
R. Agreement for Hookup to the City of Meridian's sewer system,
outside the City Limits for Goldcreek Developers, lLC (James
Jewett) for Westborough Subdivision:
6. Department Reports:
A. Parks and Recreation Department - Doug Strong
1. Discussion of Kiwanis Park Agreement:
B. Planning and Zoning Department - Anna Powell
1. Diane Kushlan Consulting Services:
C. Police Department - Bill Musser
1. National Fast Draw Championship Presentation:
2. Discussion of Traffic Safety Commission Amended
Ordinance:
D. Public Works Department - Gary Smith
1. Presentation on Meridian's Water Resources by Ed
Squires:
7. (Items Moved from Consent Agenda)
8. FP 04-022 Request for Final Plat approval of 31 single family residential
building lots and 2 common lots on 8.99 acres in a R-8 zone for Sundance
Place Subdivision No.2 by Sundance Limited Company, LLC - east of
North Meridian Road and north of East Ustick Road:
9. FP 04-023 Request for Final Plat approval of 61 single family residential
building lots and 2 common lots on 17.27 acres in a R-8 zone for Sundance
Place Subdivision No.3 by Sundance Limited Company, LLC - east of
North Meridian Road and north of East Ustick Road:
Meridian City Council Agenda - April 20,2004 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
10. FP 04-024 Request for Final Plat approval of 41 single family residential
building lots and 10 common lots on 10.64 acres in a R-8 zone for SaQeland
Subdivision by Quasar Development, LLC - northeast corner of East Victory
Road and South Locust Grove Road:
11. Contin ued Public Hearing from April 13J 2004: AZ 03-027 Request for
Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed
SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East
McMillan Road and east of North Meridian Road:
12. Continued Public Hearing from April 13J 2004: PP 03-032 Request for
Preliminary Plat approval of 461 single-family building lots and 43 common
lots on 140.25 acres in a proposed R-4 zone for proposed Saauaro Canyon
Estates Subdivision by Farwest, LLC - north side of East McMillan Road
and east of North Meridian Road:
13. Continued Public Hearing from April 13, 2004: CUP 03-058 Request for a
Conditional Use Permit for a Planned Development for reduced requirements
for frontages, lot sizes, and minimum house size and permission to have two
cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for
proposed SaQuaro Canyon Estates Subdivision by Farwest, LLC - north
side of East McMillan Road and east of North Meridian Road:
14. Public Hearing: Request to provide roll off services to the City of
Meridian:
15. Report from Brad Watson on sewer feasibility north of Area of Impact:
16. Tabled from April13J 2004: Resolution No.
Approval to proceed with work for tree replacement at 1409 North Main
Street by cashing the $500.00 deposit:
17.
Ordinance No.
Amended Ordinance:
Pretreatment I Sewer User
18. Water, Sewer and Trash Delinquencies:
19. Executive Session per Idaho State Code 67-2345(1)(c):
Meridian City Council Agenda - April 20, 2004 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.
j?led-j,( jJ/PJ'I- f;r IwlXl~ !(/?~~ - ~
Meridian
Development
Corporation
33 East Idaho Avenue
Meridian, Idaho 83642
(208) 888-4433
Fax (208) 888-4218
NOTICE OF PUBLIC AWARENESS
. . . 0 eo. . . . .
MERIDIAN DEVELOPMENT CORPORTATION
NOTICE OF AWARENESS IS HEREBY GIVEN that members of the
Meridian Development Corporation may be attending the City of Meridian Pre-
Council Meeting on Tuesday, April 20, 2004, beginning at 5:30 P.M. at the
Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho. This is not a meeting
or workshop nor is there an agenda for MDC.
The public is welcome to attend.
DATED this 19th day of April, 2004.
A~..:- ,6-~, 9-'
WILLIAM G. BERG, JR. - CITY CLERK
(
*'" TX CONi 1Tl ON REPORT "'''' RS OF RPR 19 '04 PRGE.01
CITY OF MERIDIRN
DATE T[ME TO/FROM MODE MIWSEC PGS CMDI1 STATUS
1215 1214/19 17:3121 381016121 EC--5 (:1121'26" 001 238 OK
06 04/19 17:31 PUBLIC WORKS EC--S 00' 19" 001 238 OK
t:l7 (:14/19 17:31 12t:184664405 EC--S 00' 19" 001 238 OK
08 04/19 17:32 8841159 EC--S 00'21" 001 238 OK
09 04/19 17'33 2088840744 EC--S 00' 18" 001 238 OK
10 04/19 17:34 POLICE DEPT EC--S l2li21'19" l2li211 238 OK
11 04/19 17:35 8985501 EC--S 00' 19" 001 238 OK
12 04/19 17:35 LIBRARY EC--S 00'21" 001 238 OK
13 04/19 17:37 2088886854 EC--S 00'20" 001 238 OK
14 04/19 17: 37 208 895 103910 EC--S 00' 19" 001 238 OK
15 104/19 17:38 8885052 EC--S 0121' 19" 01211 238 OK
16 04/19 17:39 CHERRY LRNE G3--S 00'37" 01211 238 OK
17 04/19 17:40 POST OFFICE EC--S 00'27" 001 238 OK
18 1214/19 17:42 IDAHO ATHLETIC C EC--S 00' 18" 001 238 OK
19 04/19 17:43 2088886701 EC--S 1210'20" 001 238 OK
(llett-J<- h.rf- J;-r Iwu/i:. Nol7k - ~
MDC
MerIdian
Development
Corporation
33 East Idaho Avenue
Meridian, Idaho 83642
(208) 888.4433
Fax (208) 888-4218
NOTICE OF PUBLIC AWARENESS
...............
MERIDIAN DEVELOPMENT CORPORTA nON
NOTICE OF AWARENESS IS HEREBY GIVEN that members of the
Meridian Development Corporation may be attending the City of Meridian Pre-
Council Meeting on Tuesday, April 20, 2004, beginning at 5:30 P,M. at the
Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho. This is not a meeting
or workshop nor is there an agenda for MDC,
The public is welcome to attend.
DATED this 19th day of April, 2004.
~~~~.~,
WILLIAM G. BERG, JR. - CITY CLERK