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HomeMy WebLinkAbout2004-12-14 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, December 14,2004 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve 3. Executive Session per Idaho State Code 67-2345(1)(b) and (f): No Decision 4. Discussion and Review of Draft Inspection Services Contracts: Discussed 5. Discussion of Prosecution Contract: Discussed 6. Discussion of Amendment to the Police Building: Lease Discussed * 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 - December 14, 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. ( January 7, 2005 MERIDIAN CITY COUNCIL MEETING APPUCANT January 11, 2005 ITEM NO. 5.A REQUEST Approve Minutes of December 14,2004 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ Contacted: Emailed: Date: Stoff Initiols: Phone: Materials presented at public meeHngs shall become property of the City of Meridian. Meridian City Pre-Council Meetina December 14. 2004 The Meridian City Pre-Council meeting was called to order at 5:30 P.M. on Tuesday, December 14, 2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle and Charlie Rountree. Staff Present: Bill Nary and Will Berg. Item 1. Roll-call Attendance: Item 2. X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird _X_Mayor Tammy de Weerd Adoption of the Agenda: Bird: We need a motion to adopt the agenda if it's an approval. Donnell: So moved. Rountree: Second. Bird: Okay, it's been moved and seconded to adopt the agenda. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Executive Session per Idaho State Code 67~2345(1)(b) and (f): Bird: I would entertain a motion. Donnell: So moved. Rountree: Second. Bird: It's been moved and seconded. Mr. Clerk, roll call. Berg: Thank you Mr. President. Roll call: Donnell, aye; Rountree, aye; Wardle, aye; Bird, aye; All ayes. Bird: I would entertain a motion to come out of Executive Session. Rountree: So moved. Meridian City Pre-Council Meeting December 14, 2004 Page 2 of6 Wardle: Second. Bird: Okay, it's been moved and seconded. All in favor say aye. ALL AYES. MOTION CARRIED. Bird: Let it be noted that no decisions were made. Item 4. Discussion and Review of Draft Inspection Services Contracts: Freckleton: Thank you Madam Mayor, members of the Council. I bring before you for some discussion tonight the contracts for inspection services for mechanical, plumbing, electrical and building. Basically I have put together some talking points; you should have those in front of you on some items that these contractors have brought back to me. I transmitted to them the same time I transmitted over to City Hall draft copies of the contracts, so we could just step through these if you would like and have a little discussion. The first item is Item 9-F and this is a general that you will find on all of the contracts. This is in regards to if a determination is made by some governmental agency that our contractors are city employees instead of contractors, the provision in the contract stipulates that the contractor would agree to reimburse the city for all employment costs that results from that determination and examples of those woutd be things such as employee share of PERSI and employee share of health insurance, things like that. In my discussions with them they asked that if that is the case then would that mean that the city would be reimbursing them for costs that they have incurred, such as their vehicle insurance and health insurance and those sort of things. Their basic recommendation was couldn't this just be struck from the contracts and so that's the one item for discussion and I know Mr. Nary in our discussions this afternoon, he had some thoughts on that and maybe he can help us out here. Nary: Mr. President, members of the Council I think what the concern that they are talking about here, I mean it's probably a good discussion point, but the circumstances that the contract was contemplating was that if for some reason at some point in the future was the (inaudible) that these folks were employees and not independent (inaudible) through the city. The city would be on the hook for past wages and in certain circumstances even triple damages and wages for not paying them properly. I think the intent of that provision, it was an existing provision, this wasn't written by Mr. Watson or myself, this was already in the existing contracts we have had in the past. I am assuming the intent was to put them on notice that if that were to occur, there may be some other expenses that were employee related that they would also be responsible for. The law is going to dictate what the city has to pay. So, I don't - I understand where the contractors are coming from and the concern of making sure the city would be paying their fair share, they would be. The Department of Labor would make sure that the city would be paying their wages and all of that. Would they be ( Meridian City Pre-Council. Meeting December 14, 2004 Page 3 of6 paying the other ancillary things as their insurance and those types of things? Probably not Not by the Department of Labor standards anyway, but they may certainly be other issues there. Do you want to make this a mutual provision? I think that's your call. I think the intent was simply to put them on notice that if a decision of that magnitude or that type was made that they have responsibilities to employees then for the same time period. Freckleton: If you'd like f can go on to the next item or we can have some discussion. Bird: That would be fine. Freckleton: Okay. Second talking point is Item No. 11, which is general in all contracts. That is in regards to transition. Just kind of in summary in the even the contract is terminated or not renewed, the contractors agreed that they would basically stay on for a period - the way the contract is currently written is 90 days to aid in the transition and I know Gary Smith prior to his retirement had had some discussions with Harold Hudson regarding that 90 day period and the appropriateness of it and he agreed that it was more appropriate that it should be like 30-day period and that's something that Brad and I have talked about and we agfee that 30 days is probably adequate and appropriate. Item No.3. This was a question on the RIMI, that's the plumbing contractors Of excuse me the mechanical contractors' contract and it's in regard to the - in the percentage section on the fee structure - the way it currently feads is that notwithstanding the foregoing, whenever the contractor's percentage of a permit fee has a value of $1,000 Of more the inspection fee shall be negotiated between the city and the contractor. Mr. Medley has told me that historically that that's not how the contract has been administered. The contract has been administered - basically that any fee over the $1,000 or more has been paid at that percentages, which gets him to the 40 percent annual number quicker. So, I didn't really have a problem with that. He has recommended that the provision for negotiation of those larger permit fees be struck. The fourth talking point is on Item 12b of our electrical contractors contracts and it is in regard to automobile liability insurance. In summary, the contract currently reads that the contractor shall obtain and maintain collision an comprehensive insurance coverage on all vehicles owned or leased by the contractor. Harold maintains that full collision and comprehensive insurance should not be required or should only be required if the vehicle that he is using is under contracts, such as being financed. Whenever it's being financed, the bank or the financer will require full comprehensive. This is something; I guess as far as a recommendation that we would recommend that we just get our insurance carrier's opinion on this. Harold's proposal is to just carry liability only per the law. Maybe Bill has more he can - Nary: Mr. President, Madam Mayor, and members of Council I think the contractors at least raise a valid concern. It's his own vehicle. He is independent It's already paid for, so carrying full coverage we are concerned Meridian City Pre-Council Meeting December 14,2004 Page 4 of 6 about the liability. Maybe the issue that would probably be best and wouldn't be very onerous for him either was simply to provide the city with a certificate of insurance - that the city is an additional insurer so that if in the course of him doing business for the city, he were to get into an accident, it was clear that his insurance was supposed to cover the city as well. That might be the easiest thing to do and I don't know that that would be significant for any of the contracts to be able to do that. Freckleton: Okay and there is just one final item that I did not get in my talking points, but it's in all the contracts and that is on the Exhibit A, Item No. 11 under reporting the contracts state that the contractor shall provide on a monthly basis certain reports and we have city staff that maintains those records and we maintain our own databases, so we never have had the contractor submit those reports, we have always been able to do them ourselves, so I would propose we just strike that section out of the exhibit. That is basically it. Bird: Thank you very much, Bruce. Council any questions for Bruce or the attorney on any of these? Rountree: Mr. President. Bird: Mr. Rountree. Rountree: I have a question on the item under 12b. Is the half a million dollars liability coverage sufficient? Should we be looking at something more? Nary: Mr. President, members of the Council, Councilman Rountree under the items tort claims act, the city's limitation on most circumstances for liability is going to be at the half a million dollar range, so I think we should be fine. Rountree: Okay, thank you. Bird: Any more questions? Okay, Council we need to get these going so we have got a good red line copy of each one of them. Read them over. If you see anything that disturbs you, let the Mayor know and if not lees let the Mayor get on with it and get it before us and get this taken care of. Thank you Bruce. We appreciate your work. Freckleton: Mr. President we were anticipating or hoping that we could get the final draft in front of you next Tuesday. If we can do that. Item 5. Discussion of Prosecution Contract: Nary: Mr. President, members of the Council this will be very brief. I had a conversation last week with the Boise City Attorney. As all of you know, the City of Boise handles all of our misdemeanor prosecution for the City of Meridian. We Meridian City Pre-Council Meeting December 14, 2004 Page 5 of6 have had a contract with them in the past for the last two years, two budget years. We forgot to have a contract for this budget year. They forgot as well, so they were equally apologetic that we did give them the numbers or they did give us the numbers from the City of Boise so that we have them in the budget. They have been getting paid, so it's all been good. We just don't actually have a current contract. Mr. Coliani, the Boise City Attorney did raise a couple of concerns that he would like us to look at. He was going to transmit those to me. He had an issue about the indemnification clause, but he wasn't very specific. So, I called over there today and talked to one of their chief deputies and he was going to get the specifics and get those to me and so what their concerns were we have had a couple of instances in the past with other contracts that there was an issue about what level of indemnification we are seeking from another party in prosecution. It may not be as critical. The other was that there are no cancellation provisions; we can cancel the contracts on one days' notice. Their concern was that they have two employees that are being paid out of the proceeds of the contract and one day's notice probably wouldn't be very adequate for them from a management standpoint. They would like at least 30 days notice, I don't see that as a significant problem either. We certainly would provide more notice than that. So, I think we should be able to work those out, so I should have a contract back in front of you, probably not next week because they haven't told me what the provisions are that they want to change, but probably within the next couple of meetings we should have that back. Again, nothing has happened. We have been paying them. Mr. President, Item 6, I can go into that if you want. Bird: Yeah, sure. Item 6. Discussion of Amendment to the Police Building: Nary: The last item is the amendment to the police building and lease agreement. We should have all the documentation in front of you next Tuesday that our bond Council has prepared for us to amend our lease agreement. We did have an agreement from the bank and from the bond company to amend the lease agreement. The intent is to amend it to a similar situation as the Boise Airport was upheld as a non-taxed building that won't affect the current tax year. So, if you were thinking we were going to get a break on the 2004, that's not likely. The intent is to have it before you so that it can be at the end of this fiscal year or at the end of this calendar year to be on the tax rolls. We will then file an exemption in January for the year 2005 and we are hopeful that the county will agree since it should be the exact same provisions that the City of Boise prevailed on. So, it isn't for the past tax year, so if you are wondering about that one, we are still going to have to pay that one. We are hoping going forward that we won't have to continue paying the taxes on that building. That's alii have. Bird: Council any questions for Mr. Nary? {"- t.. c Meridian City Pre-Council Meeting December 14, 2004 Page 6 of6 Rountree: No, thank you. Bird: With that, we end our agenda for the Pre-Council meeting of December 14, 2004. I would entertain a motion to adjournment. Rountree: So moved. Wardle: Second. Bird: It's been moved and seconded. All those in favor? Opposed? ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:53 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: A TTESTEoJ..dt:-' WILLIAM G. BER December 10,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT December 14, 2004 ITEM NO. 3 REQUEST Executive Session per Idaho State Code 67-2345(1 }(b) & (f) 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: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ,A n ( :t b i ~ rve ~ Contacted: Emailed: Date: Staff Initiols: Phone: Materials: presented at public meeHngs shall become property of the City of Meridian. December 10, 2004 MERIDIAN CITY COUNCil MEETING APPLICANT December 14, 2004 ITEM NO. 4 REQUEST Discussion and Review of Draft Inspection Services Contracts AGENCY COMMENTS CITY CLERK: See attached Contracts 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: Dote: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Talking Points for Draft Inspection Services Contracts: City Council Date: December 14, 2004 Item gr. (GENERAL) Reads: (In the event a review by the United States Government, the State of Idaho, or any agency detennines that this agreement constitutes an employee- employer relationship, the Contractor agrees to reimburse City for all employment costs as a result of that determination.) Issue: If a determination is made by someone, such as Dept. of Labor that our contract inspectors are employees for some reason, this provision is in the contracts to require the contractors to reimburse the City for the cost share an employee Would have paid to be an employee for that same period. EXAMPLES would be such things as PERSI, Health Insurance Premium share etc. · Our contractors have asked that in the event of a determination by someone, would that mean that the City of Meridian would reimburse them for Insurance Premiums, Vehic1e Expenses etc. that they have provided During that same period. Recommendation: The contractors have requested that this section be struck from the contracts. Perhaps our City Attorney can shed more light on this subject. RECEIVED DEe 1 4 2004 City of Meridian City Clerk Office Item 11. (GENERAL) Reads: (Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for ninety (90) days after termination of this agreement, it will provide such services as are requested by City. During the ninety (90) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15th of the month for billing statements submitted not later than the first day of that month) Issue: The 90 day period. Recommendation: This was an item that Gary discussed with Harold Hudson during the FY04 contract negotiation period. I have a memo from Gary that states his agreement with the 30 day proposal. Brad and I have discussed this proposal and also agree that 30 days is appropriate. RECEIVED DfC 1 4 200-4 City of Meridian City Clerk Office Item 6 (RIMD: Reads: (Notwithstanding the foregoing, whenever the Contractor's percentage of a permit fee has a value of $1,000.00 or more, the inspection fee shall be negotiable between the City of Meridian and the Contractor.) Issue: Rod stated that historically this is not how the contract has been administered. He stated that permits with a fee of $1,000.00 or more have been paid at the percentages because this gets him to the 40% annual numbers quicker. Recommendation: Rod has recommended that this provision for negotiating be struck from the contract. Discuss RECEIVED DEe 1 4 2004 City of Meridian City Clerk Office Item 12 b (Harold's Electric): Reads: (Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000. In addition, Contractor shall obtain and maintain throughout the term of this Contract, and any renewal thereof, Automobile Collision and Comprehensive Insurance coverage on all vehicles owned or leased by Contractor which are used to perfonn the service element under this contract. Collision and Comprehensive coverage shall have amounts that will protect the interest of the City and Contractor in case of damage or loss to vehicles while performing the services of this Contract.) Issue: Harold maintains that full Collision and Comprehensive Insurance should only be required if the vehicle is under contract, such as being financed. Recommendation: Get a determination from our insurance carrier whether Liability only would protect the City. Perhaps our City Attorney can shed more light on this subj ect. 'RECEIVED DEe 1 4 20fH City of Meridian Ci ty Clerk Office December 10, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Dicussion of Prosecution Contract December 14, 2004 ITEM NO. 5 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POUCE 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: Materials presented at public meeHngs shgl! become property of the City of Merldlgn. Phone: December 10, 2004 MERIDIAN CITY COUNCIL MEETING December 14, 2004 APPLICANT ITEM NO. 6 REQUEST Discussion of Amendment to the Police Building 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: Contocted: Emailed: Date: Stoff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridIan. *'" IX RMATfON REPORT *'" AS OF DEC 10 'e4 CITY OF MERIDIAN S PAGE.<l2 I10DE 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--5 EC-S EC--S EC--S G3-S EC--S EC--S EC--S MIN/5EC PGS 013'27" <le2 130'213" <lel 013'21" 001 00'20" 001 00'20" 001 130'20" 001 00' 19" 001 130'22" 001 00'20" 0131 1313'20" 1301 0e'18" 0el 013'19" 001 013'25" 001 0B'2e" 12101 00'19" eell 00' 19" eell 013'38" 001 013' 20" 0131 00'20" 001 00'20" 0ell 02 03 04 105 Ii.l6 07 00 109 10 11 12 23 14 15 16 17 18 19 2e 21 DATE TIME TO/FROM 12/2e 15:57 3810160 12/10 15:58 PUBLIC WORKS 12/10 15:59 120846644135 12/10 26:00 8841159 12/10 16:01 2008840744 12/10 16:01 POLICE DEPT 12/11'1 16:02 8585501 12/10 16:03 L1BRARY 12/10 16:04 9208377644'3 22/10 16:05 3886924 12/10 16'06 20S8886854 12/10 16:05 208 895 0391'1 12/10 16:1'17 128300040 22/10 16:08 208 387 6393 12/10 16:09 ADA cry DEVELMT 12/1el 16:108885052 12/1el 16: 11 CHERRY LANE 12/10 16:12 IDAHO ATHLET1C C 12/10 16:13 ID PRESS TRIBUNE 12/10 16:142088886701 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA TueSday, December 14, 2004 at 5:30 p.m. City Council Chambers CMOll 100 100 100 100 100 100 100 100 100 100 100 100 100 100 we we 100 10e lee lee STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK r'llClSc:. rl%-\ +Qr tUbu ~ N6bu... - l~l(lJl 'iSl/ 1. Roll-call Attendance: _ Shaun Wardle _ Christine Donnell _ Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoption ofthe Agenda.: 3. Executive Session per Idaho State Code 67-2345(1)(b) and (f): 4. Discussion and Review of Draft Inspection Services Contracts: 5. Discussion of Prosecution Contract: 6. Discussion of Amendment to the Police BUilding: .Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian ell)' Pre-Council Agenda - December 14. ~004 Page 1 of 1 All matorJarc pll!'!licnfed :.it publi.c: meetin~ ~halI bocome property.of the City or Meridian, Anyone desiring ~=mmodirlion for disabilities rel.lad to documenl$ 3Jldlor h..rings pla.se contad lI1e Clly Clem's Office al ~58-4433 .lloasl ~S hoors prior to the public m.e~ng, t->\edSC: r-'OS~ tor fublt~ NOL--tQ - )V\OJ1iSll ( ... - CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, December 14, 2004 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Executive Session per Idaho State Code 67-2345(1)(b) and (f): 4. Discussion and Review of Draft Inspection Services Contracts: 5. Discussion of Prosecution Contract: 6. Discussion of Amendment to the Police Building: *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 - December 14, 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. ( ** TX coNi-. "IATI ON REPORT ** AS OF DEC 05 '04 10:49 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PG5 CMDIl STATUS 01 12/05 10:30 12830004121 G3--5 00' 30" 12101 047 OK 82 12/85 1121:31 208 387 6393 EC--S 80'25" Bl:ll 12147 OK l:l3 12/l:l5 10:32 ADA CTY DEVELMT EC--S 130' 25" 1301 047 OK 04 12/05 10:33 8885l:l52 EC--S 00'26" 1301 1347 OK l:l5 12/05 10:34 CHERRY LANE G3--5 88' 41" 001 047 OK 1216 12/05 10:36 !D PRESS TRIBUNE EC--S 00'26" 001 047 OK 07 12/05 10=37 20888867131 EC--S 00' 25" 001 047 OK 08 12/05 10:49 IDAHO ATHLETIC C ----5 00'00" 008 047 BUSY THIS DOCUMENT IS STILL IN MEI10RY ---------------------------~---------------------------------------------------------------- cM;;;;dzCrn f(ell-u !f/J I- for jJa6/,c. ;VPh U- MAYOR "'lIl;\my de W~e1'(l CITY COUNClL McMl\1;ll$ William 1. M, Nary Keith Bird ChJrles M. Rountree Shau\1 Wardle NOTICE OF CANCELA nON OF REGULAR MEETINGS OF THE MERIDIAN CITY COUNCIL CITY DF.Pt.ltTMl!N"~ Fire $40 E. Fra111din Road 888-1234/ fax 895-0390 Park., &: l~e(reation 11 E. Bower Street 8$8-3579/lax R98-5S0 1 Due to the lack of a quorum, the regular scheduled City Council meetings for l'la\1ning & Zoning 660 E. Watertower L<ln~ SuiLe 201 884-55331 filx 888-685<1 Tuesday. December 7th, 2004 and Tuesday, December 28th, 2004 Police HOl E. Wat~rtower bnc 868-6678/ fax 846-7366 have been CANCELLED. Public WOrk~ 660 E. Wat",rtl'wer Lane S\1ite 200 1'09S-5500 Hax 898-9551 If you have any questions, please contact the City Clerk's Office at 888-4433. Thank you. - I:luilding, 660 E. Waler!ower Lane Suile 150 8117.2211/fax 887-1297 - Sewer (WWTl'l 3401 N, 'ren Mile Road Se.1l-2191ffax 881-0744 DA TED this 5th day of December, 2004. . Water 2235 N. W. 8th Stree, 888-52421 fax 884-1159 CITY HALL 33 fAST IDAHO AVENUE: MERIDIAN. ll)AHO 83642 (208) 886-4433 CITY CI,..r1:(-I'\X .';8$.42IR "I'm/< 1l1:50\jRt.E~-"'.x Ssq,.S723 fIN,INel; ~ I.ITILlTI' Bl~LIN(i-I"X 887.4813 hI,W(ll\'5 ~'fFJCC-Il\X HR4.,'IJlQ ( ** TX CO, ~MATI ON REPORT ** 19 20 22 23 24 25 26 27 28 29 31 32 DATE TIME TO/FROM 12/05 10:133810160 12/05 10:14 PUBLIC wORKS 12/05 10:17 12084664405 12/05 10:19 8841159 12/05 10:20 2088840744 12/05 10:21 POLICE DEPT 12/85 10:23 8985501 12/05 10:24 LIBRARY 12/05 10:25 92083776449 12/05 10:26 3886924 12/05 10:28 2088886854 12/05 10: 29 208 895 03913 ,'" ( AS OF DEC 05 '04 10:29 PAGE. 01 CITY OF MERIDIAN 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 MIN/SEC PGS 00'37" 001 00'26" 001 00'26" 001 0e' 26" 001 00'27" 001 00'26" 001 00'25" 001 130'31" 0131 00'25" 001 00'26" 001 00'25" 001 00'25" 0el CMD~ 1347 047 047 047 047 047 1347 047 047 047 047 047 STATUS OK OK OK OK OK OK OK OK OK OK OK OK ----------------------------------------~--------------------------------------------------- f(el'l-u ~&Jf- .{W- jJrdJl,c ;f/(7hc..e... ~;;dl(;rn MAYOR 'J,unmy de W~.,d CITY COUNCIL MEMllERS William L. M. N~(y Keith Bird Charles M. Rountree Sr",un Wardle NOTICE OF CANCELA TION OF REGULAR MEETINGS OF THE MERIDIAN CITY COUNCIL CIn DF.I'^RrMI!N1'~ Fire 540 E. Franklin Road 88H234/ fax 895-0390 P arb /'.:; Recreation 11 E. Bower Street 8$8.3579/1ax R9S-5501 Due to the lack of a quorum, the regular scheduled City Council meetings for Planning &. Zoning 660 E. Wat~rtower Lane Suile 202 884-5533/ f~x 8S8-6S5~ Tuesday, December 7th, 2004 and Tuesday, December 28th, 2004 Pollce HOl E. Wat~Itower Lane 668-66781 fax 546-7366 have been CANCELLED. Publie WOrks 660 E. W a te,tllwer Lane Suite 200 898.5500 f (~X 898-9551 If you have any questions, please contact the City Clerk's Office at 888-4433. Thank you. - l:luildinJ; 560 E. Waler,ower Lane Suite 150 887-22H/(ax; 887.1297 - Sewer (WWiP) 3401 N. 'fen Mile Road 888-2191 1 f,w 881.07411 DATED this 5th day of December. 2004. - Water 2235 N. W. 8th St'c~t 88B-S242/lax 884-1159 ~~~ WlLUAM G. BERG, JR. ClTY HALL :n EAST IDAHO AVENUE MERIDIr\N, lDAHO 83642 (208) 888-4433 en)' (I..J'~-..\.x 1168.4218 HllM \,~ H~S(lU~t.E~-";\X 884.87:<3 fIN,\NCIi & umlTr BIUIN(;-"\~ 887.4813 M,\\,(lIt'S urf:C~-~\X HI\4.RI \1;1 ( December 10, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Robnett Construction. Inc. CUP 04-039 December 14,2004 ITEM NO. 5..D REQUEST Findings for Approval - Request for a Conditional Use Permit for a women's fitness center in a C-N zone for Lot 1, Block 1 of Cherry Crossing Subdivision - northwest corner of Cherry Lane and Linder 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: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: contacted:'-rr1~ ~~ Date: r:1lI~I04- Phone: .53<i- (rf)3"""J Emailed: rf!\-t(...e..r @ folo~corrs-h"-~('+;Dt\~ ~~ CoM Materials presented at public meetings shall become property of the City of MeridIan. See attached Findings ~vV CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW DECISION & ORDER In the Matter of a Request for Conditional Use Permit Approval to Construct and Operate a 6,000 Square-Foot Fitness Center in a C-N Zone, by Robnett Construction, Inc. Case No(s). CUP-04-039 For the City Council Hearing Date of: November 16, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matter was duly considered by the City Council at the November 30, 2004 public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code g67-6509, 6512, and Meridian City Code Sg 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. CITY OF MERJDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-039 - PAGE 1 of 4 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Boise Surplus 2002, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for each type of application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 967- 6503). 2. 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. 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Landscape Plan prepared by James Gipson Associates, labeled Cherry Crossing BId. C, dated 8- 11-04 and 8-31-04, as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). CUP-Q4-039 - PAGE 2 of 4 ( Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Site Landscape Plan as evidenced by having submitted the Site Landscape Plan dated 8-11-04 and 8-31-04, is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.8.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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. 2. 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 of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. CITY OF MERrDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-039 - PAGE 3 of 4 F. Exhibits Exhibit A: Legal Description Exhibit B: Site/Landscape Plan Exhibit C: Conditional Use Permit Conditions of Approval Exhibit D: Conditional Use Permit Findings /4-f:!;.. day of COUNCIL MEMBER SHAUN WARDLE VOTED /Ji;d~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ VOTED~ VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMYdeWEERD (TIE BREAKER) --- VOTED Attest: and City Attorney. By: ,~" Cl.llL-,~.A ~ W-J CI y Clerk's Office - Dated: 12-1!O~04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-039 - PAGE 4 of 4 r-. ( EXHIBIT A Legal Description IDAHO SURVEY GROUP 1450 EastWatertower 5t. Suite 150 Meridian, Idaho 83642 Phone, (208) 846-8570 Fax (20B) 884-5399 Project No. 03~1?5 August8,2003 Proposed Lot 1 Cherry Crossing Subdivision No.2 A parcel of land being a portion of Lots 13, 14 and 15, Block 1 of Cherry Crossing Subdivision as filed in Book 86 of Plats at Page 9696 records of Ada County, Idaho located in the SE1,4 of Section 2, T.3N., R.1W., 8.M., Meridian, Ada County, Idaho more particularly described as follows: BEGINNING at the SW corner of said Lot 15; thence along the West boundary line of said Lot 15 and said Lot 13 North 00026'14" East, 547.29 feet to a point on the southerly right-of-way line of West Emerald Falls Drive; thence along said southerly right-of-way line the following 8 courses: South 89033'46" East, 71.52 feet to the beginning of a curve to the right; thence along said curve 8.77 feet, said curve having a radius of 20.00 feet, a central angle of 2500T2r and a long chord of 8.70 feet which bears South 77000'03" East to the point of reverse curve; thence along said reverse curve 43.85 feet, said curve having a radius of 50.00 feet, a central angle of S0014'S5" and a long chord of 42.46 feet which bears South 89033'46" East to the point of reverse curve; thence along said reverse curve 8.77 feet, said curve having a radius of 20.00 feet, a central angle of 2su07'28" and a long chord of 8.70 feet which bears North 770S2'30" East to the point of tangency; thence South 89033'46" East, 209,84 feet to the beginning of a curve to the right; thence along said curve 62.57 feet, said curve having a radius of 75.00 feet, a central angle of 47048'11" and a long chord of 60.78 feet which bears South 65039'41" East; thence South 43017'01" West, 49.27 feet; then ce South 0000 0'00" West, 178.19 feet; \\SERVER1\Company\ISG Pr~lJlS~.pr\9' f~sr'WJ h~ (9J-1t5W?F81en~\iifoMei'1t 2iCfh~rry Crossing #2,doc thence North 90"00'00" West, 94.36 feet; thence South 00"02'09" East, 85.33 feet; thence South 89"57'51" West, 199.90 feet; thence South 90000'00" East, 149.66 feet; thence South 21050'45" East, 48.72 feet; thence South 00006'29" West, 15.65 feet to a point on the North right-af-way line of West Cherry Lane; thence along said North right-af-way line North 89033'46" West, 90.47 feet to the POINT OF BEGINNING. Prepared by: Idaho Survey Group, P.C. D. Terry Peugh, P.L.s. \\SERVER1\CompanylISG ProjeclsICherry Crossing LLA (03.125)\Documenls\propooed Lot i-Cheny Crossing #2,doc EXHIBIT B Site/Landscape Plan W. cmerlilJd F411s Drive Y-.,lf ! . I - om! $ R . I f".ARt:"JNC. ....RE.... ..., ~p,L.CE.5 Site LZlndscZI\)e Phm 1~ ... )0" HOlE . P.l,o\1'4 UJ CONCEPTUAL aaTt-i fRE:t= .LOCATlO'H& OHL Y H :I~. ...~,. ]g[ JAMES GIPSON ASSOCIATES. archl..oet.....ro . plannJng '.0. hi 2~:I- _,,"-,h1I~r............,mt~ ""-l;Iml-a~ CHERRY CROSSING BLO. C Meridian J 0 Robn-ott Construction JGA , OQ70 O/11/200Q 8/31/200~ EXHIBIT C The City Council of the City of Meridian hereby approves the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff and P & Z Commission as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT) 1. All applicable conditions of the previously approved MI-04-01O, Cherry Crossing Subdivision No's 1-2, and CUP-OJ-OB shall also be considered conditions of this Conditional Use Permit (CUP-04-039). 2. Provide all required building setbacks, open spaces, landscaping, parking and other features required by Meridian City Ordinance. These features shall be reflected on the site and landscape plans submitted with any Certificate of Zoning Compliance (CZC) application. 3. The Site Landscape Plan prepared by James Gipson Associates, labeled Cherry Crossing BId. C, dated 8/11/2004 and 8/3112004, is approved with this application. This CUP approval is only valid for the proposed fitness center use and for the application of one building permit. Prior to the issuance of the second building permit on this site, the applicant shall either re-subdivide the property or receive approval from the City Council to construct a Planned Development (multiple buildings on a single parcel). 4. Consistent with MI-04-010, the hours of operation for all uses on this site shall be from 6:00 am to 10:00 pm. 5. The construction of the proposed fitness center building shall substantially comply with the elevations prepared by James Gipson Associates on 8-12-04. Construction materials used on the structures shall be approved by City of Meridian Building Department and be in accordance with the most recent Uniform Building Code. If any significant modi fi cation(s) to the approved architectural design features and/or materials, as determined by the Planning Director, are requested for building(s) in the future, the property owner shall submit a CUP modification. 6. Off-street parking is approved as shown on the submitted site plan. In accordance with MCC 11-13-5, all standard parking stalls must be constructed 9 feet by 19 feet minimum and drive aisles must be at least 25-feet wide. All vehicular use areas shall be paved in accordance with Meridian City Code. 7. The applicant shall coordinate the location and design oftrash dumpster(s) with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12- I.C. Prior to issuance of a Certificate of Zoning Compliance (CZC), the applicant shall submit an approved (stamped) site plan from SSC. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal. 8. No signs are approved with this CUP. All signs will require a separate sign permit in compliance with the sign ordinance. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 9. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 10. All construction shall conform to the requirements of the Americans with Disabilities Act. 11. In accordance with MCC 12-13-8 and MCC 9-1-2, an underground, pressurized irrigation system shall be installed to aU landscape areas. 12. Sanitary sewer and water service shall be from service lines to the city of Meridian's existing systems adjacent to the site. 13. 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. 14. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 15. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 16. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. 17. The applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. B. Adopt the recommendations of the Meridian Fire Department as follows: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. 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 driveways shall have a turning radius of 28' inside and 48' outside. 4. All driveways shall have a clear driving surface, available at all times, which is 20' wide. 5. Maintain a separation of 5' from the building to the dumpster enclosure. 6. All portions of the buildings located on this project must be within 150' of a paved surface. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 8. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. C. Adopt the recommendations ofthe Sanitary Services Company (SSC) as follows: 1. The applicant shall coordinate the location and design of trash dumpster(s) with Sanitary Services Company (SSe) staff. Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12- I.C. Prior to issuance of a Certificate of Zoning Compliance (CZC), the applicant shall submit an approved (stamped) site plan from SSC. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal. EXHIBIT D The City Council hereby approves the following analysis of required findings by staff: STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use pennit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The applicant is not requesting any modifications to any required setbacks, open space, parking, landscape or any other requirement required by City Ordinance. Parking: As mentioned in the summary above, the proposed fitness center use is not a listed use in the Schedule of Use Control. For uses not listed in MCC 11-13 (Off-Street Parking and Loading Facilities), parking spaces shall be provided on the same basis as required for the most similar listed use or as determined by the Commission (MCC 11-13-5.B.8). For reference, MCC 11-13-5.B.2 requires retail uses to provide lon-site parking space for every 200 square feet of building (gross); clubs and lodges are required to provide lon-site stall for every 300 square feet of floor area; and public or community clubs are required to provide 1 stall for each 5 persons capacity, plus one for each 4 seats. The submitted site plan depicts forty-eight on-site parking stalls for the fitness center use. The applicant is providing a ratio of 1 stall for every 125 square feet of building (6000 sq. ft. building/48 stalls = 1 stall per every 125 sq. ft. bldg.). Staff finds that this parking ratio exceeds the minimum parking requirements established in MCC 11-13 for similar uses. Landscaping: Perimeter landscaping was installed with the platting of Cherry Crossing Subdivision. Additional intemallandscaping of the parking areas will be required, prior to occupancy of the subject building. MCC 12-13-11-3.A requires a site with 13 to 100 parking stalls to provide a minimum of 4% landscaping. Staff finds that the subject property is large enough to accommodate all required setbacks (yards), open spaces, landscaping and other features required by the ordinance. The Commission and Council should rely on the applicant's testimony at the public hearing. staff's analysis. and established parking standards outlined in MCC 11-13-5 to determine if the site is large enough to provide adequate parking for the proposed use. See Site Specific Condition #2 below. 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; The Comprehensive Plan Future Land Use Map designates the property as "Commercial." The subject site is currently zoned C-N (Neighborhood Business District). The purpose of the C-N zone is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs ofthe residents of an immediate neighborhood; to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential districts (MCC 11-7-2-H). Although fitness centers are not specifically addressed in either the Comprehensive Plan or the Zoning and Subdivision Ordinances, staff finds that the requested use is consistent with the purpose statement of the C-N zone and the goals, objectives, and action items of the Comprehensive Plan. If approved as a CUP, staff finds that the project will be in compliance with the requirements established by 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; Although similar commercial type uses have been designed, constructed, operated and maintained in this area, other than the pizza restaurant, this is the first commercial user on the northwest corner. Therefore, staff finds that the construction, operation, and maintenance of a fitness center will change the existing character of the northwest corner of the Linder Road/Cherry Lane intersection. However, staff does not believe that the change will adversely affect the neighborhood. Further, the applicant has submitted 5 letters from nearby property owners stating that they are not opposed to the proposed application. Staff finds that the proposed fitness center use will not change the intended character of the general vicinity, and that the design, operation, and maintenance should be compatible with other uses in the neighborhood. Staffrecommends that the Commission and Council reference any written or oral testimony provided at the public hearing. as well as staffs analysis. when determining if the proposed use will adversely change the character of the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; rfthe applicant complies with all conditions imposed, staff does not anticipate that the proposed use will have any adverse affect on nearby properties. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staffs analysis, when determining ifthe proposed use will 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, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; All essential public facilities and City services listed above currently serve this site. On September 24, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, the Meridian Fire Department, the Meridian Parks Department, and any other agency providing service to this site, regarding their ability to adequately service this project. Staff finds that the subject property can be served adequately by all essential public facilities and City services. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; As noted in the finding above, all public facilities and services are currently provided to this site. All required site improvements will be funded and constructed by the applicant/developer. Staff finds that the proposed use will not be detrimental to the economic welfare of the community, nor will the use create the need for any new facilities or services to be paid for by the public. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed use will create additional traffic on the adjacent roads. Further, the parking and maneuvering of cars and pedestrians may generate additional noise for surrounding properties. However, staff does not believe that the additional noise should be excessive. To ensure that noise and traffic do not become problematic for the neighborhood, the hours of operation for the fitness center should be limited from 6 am to 10 pm, seven days a week. If the conditions imposed with this report are complied with, staff finds 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 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 an interference with traffic on surrounding public streets; Access to the site is currently provided from Emerald Falls Drive and Cherry Lane. No new access points are being requested with this application. Ifparking is designed in conformance with the City's requirements, and the applicant complies with all of ACHD's requirements, staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. 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. Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing the proposed use to operate on this site. December 10,2004 MERIDIAN CITY COUNCIL MEETING CUP 04-038 December 14, 2004 APPLICANT W..H. Moore Company ITEM NO. 5..E REQUESf Findings for Approval - Request for a Conditional Use Permit for a coffee shop with a drive-thru window in a C-C zone for El Dorado Subdivision, Lot 6, Block 5 northwest corner of East Overland Road and bonito Way and west of South Eagle Rd. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~~,~ Date: l~r3tot.{ Phone: ?;"(p--7';O'd-- Emailed:\o.c~..o;..(Gh\.ke..c..-\-S~ C,n.b\-e.~. Staff Initials: ~ C\R... -\:- Materials presented at publfc meetings shalf become property of fI1e City of MerIdian. See attached Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Conditional Use Permit Approval for a Drive-Through Coffee Shop in an Existing Building, by WH Moore Company Case No(s). CUP-04-038 For the City Council Hearing Date of: November 16, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matter was duly considered by the City Council at the November 16, 2004 public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISlON & ORDER CASE NO{S). CUP-04-038 - PAGE I of 4 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Kimball Properties Limited Partnership. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 967- 6503). 2. 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. 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the cornment(s) received from the govenunental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan prepared by Larson Architects, labeled El Dorado Retail Building, SP-l, dated 4-15-04, as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-038 - PAGE 2 of 4 Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated 4-15-04, is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (I8) 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 ofthe future phases shall be null and void. (MCC 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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. 2. 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 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). CUP-04-038 - PAGE 3 of 4 F. Exhibits Exhibit A: Legal Description Exhibit B: Site Plan Exhibit C: Conditional Use Permit Conditions of Approval Exhibit D: Conditional Use Permit Findings e City Council at its regular meeting held on the ! 4-rj).. day of ,2004. COUNCIL MEMBER SHAUN WARDLE VOTED ~rf~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~ ~ COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - ~ and City Attorney. By: :hlolnl~ City Clerk's Office Dated: 12' 20 - Cf\ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER CASE NO(S), CUP-04-038 - PAGE 4 of 4 EXHIBIT A Legal Description WH MOORE CO ?'1S-323-?523 PARCEL I I A parcel of land located in the Northeast Quarter and Southeast Quarter of Section 20, Township 3 North, Range I East, Boise MClidian, Ada County, Idaho, the same being depicted on Record of Survey No. 5447 recorded July 2,200 I as ~nstrument No_ 101065642, Records ofAcia County, fdaho, more particularly deScribed as follows: I Commencing at the Northeast comer of said Section 20, of whicH the Southeast comer of said Northeast Quarter bears South 00" 14' 45" West, 2651.89 feqt, thence along the Northerly line of said Northeast Quarter, I South 89" 46' 18" West, 1328.41 feet to the POINT OF BEGINNING and the Northwest comer of the East 'h ofthe Northeast Quarter of said Section 20; thence along the Westerly line of said East 'li, I South 000 19' 52" West, 55,00 feet; thence along a line parallel with and 55.00 feet southerly ofsaid Northerly line ofSeetion 20, I North 890 46' 18" East 1273.49 feet to a point 55.00 feet WesterlYt of the Easterly line of said Northeast Quarter, thence along a line 55.00 feet Westedy ofland parallel with said Easterly line, South 00" 14' 45" West, 594.66 feet, (hence I North 89056' 06" East 55.00 feet to a point on the Easterly line of said Northeast Quarter; thence along said line I South 00" ] 4' 45" West. 2002.07 feet to the Southeast comer of said Northeast Quarter~ thence along the Easterly line ofthe Southeast Quarter of said sec11tion 20 Soutb 000 00' 01" West, 196.19 feet; thence . North 680 20' 09" West 26.90 fecI to the Northeast comer of Lot 3f, Block 4 of Thousand Springs Subdivision No.1 as shown on the official plat thereofreqordcd in Book 78 at Pages 8248 through 8249, Ada County Records; thence along the Northerly boundary of said SubdiVision the following courses: I North 68" 20' 09" West 339.38 feet to the beginning of a tangent curve; thence Along said curve to the left having a radius of250.00 feet, an arc I~ngth of 222-33 feet, a central angle of 50" 57' 18", and a chord bearing and distance ofShuth 860 II' 12" West, 215.08 feet; thence tangent from said curve I South 60042' 33" West, 121.50 feet to the beginning ora tangent eurve; thence . .. I Along said curve to the left havmg a radIUS of 200,00 feel, an arc length of 116.45 feet, a central angle of330 21' 36", and a chord bearing and distance of South 77023' 21" West, 114.81 feet; thence tangent from said curve I North 85" 55' 51" West, 561.11 feet to the Westerly line oflhe Has1 % of the Southeast Quarter ofsaid Section 20; thence leaving said Subdivision line, alpng said Westerly line North 00" 11' 26" East, 118.03 feet to the Southwest comer ofthe East Yz of the Northeast Quarter of said Section 20; thence along the Southerly line ofthe \~rest Ylorthe Northeast Quarter \ South 89" 54' 44" West, 84.07 feet; thence leaving said line . North 0]" 42' 52" East, 2649.75 feet to the Northerly line of the Ndrthcast Quarter of said Section 20; thence along said hnc I North 890 46' 17" Ellst, 20.10 feet to the POINT OF BEGINNING.! \ I p.4 lEi )pl '!i1 '~11[ ~ Iw -< '!l " ~ IJ !:l S 'Vi 0 Ifil ~ Jlit /~!~ ! 'f~ I:, I" II! i! l; .' \'.. till j'it if:) l~ \~ , ~ ~ ~ l ~L f: j . ~ 11 ~Jll i .LJ", L g I~,_- '/!. ! L, ~ lei I : Jill : i' r ' I i~~;;~r J L U' -- _.. T'., c I i 'j ! ,.- ... .. . Hi 1~ I~' i-,' I! . , !l 5_ lj~j I! ,i ii!! 11 Jl l~~ i\ l!i Ii ,l III EXHIBIT B Site Plan " . ~.- H _11- --.. ,. .......,....~:7Si;~r-~t--=~,,:~;~~~-~... .~_.,:5:.;.::_~1 ~~ 6;11 !; -'-.--f i . -- '0 '> -< . .. ... ..... -t '- >- , ~ ~ ! ~ i! ~i ; , I" ~.,~ ~ .~~ ~ If J "~ I J t 18 g !:! ~ 'I'I~l ~ ", ~ I . , ~ ~ .~ u"~~ 't 'J'l' lllfl Ii I. ~~JUT(iI unn- ~-IT'(n. ~~ ....... j&~ jUt ur U 1IJ:;;fn~ r,"~ l.s "III=-~~i~ BOOITO WAY .B~ .IJ~... 'n .II ;:! I ' I ~.. :j.._J I I I ~l ! '...~,~~----":'--,.. ';..,~-~; , ':J l-< ~ > ... /'1 'I!l nil [{II ,il; 1!lj "I '. ! 1ij ,Ii lill i ~ :i: .ft I I ;,:'1 f'.+~l . 111lJ' Ql~ >1" ~ ~ r I 1.:'- Ii II ~ ~ ; x j ~ (!J ffi I r~l ! r-~_~~\~ ]/) , \C !~1')' ~;;>'J' I" v O' . ......1 I I ! .... :}:z[~:b~t/;~J~EL_i · 2111 JtIIl.l'li~ Strftl I ll'",Ffc t!!.lh~ al1~" E~;') J1C.-..H;fiS L ..___3.7(, 7S-o ;;>-.____ II." .....1 ']I 'i~ ll~{[ EXHIBIT C The City Council ofthe City of Meridian hereby approves the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff and P & Z Commission as follows: SITE SPECIFIC CONDITIONS OF APPROVAL (CUP) 1. All conditions of the previously approved EI Dorado Business Campus, AZ-01-0l8, CUP-OI-037, PP-01-020, FP-03-010, and C2C-04-029 shall also be considered conditions of the Conditional Use Permit (CUP-04-038) application. 2. To prevent vehicles from entering the drive-through from the wrong direction, and to allow drivers to visually see the barrier, plant some low-lying landscaping or some other type of visual feature within the 7-foot wide planter island separating the drive-through lane and the driveway to Overland Road. 3. To prevent vehicles from entering the drive-through from the wrong direction, a traffic control sign shall be installed in the landscape planter located between the drive-thru aisle and the parking stalls on the north side of the building lease area. Said sign should read "Do not enter," "Wrong way," or a similar cautionary statement. 4. The site plan prepared by Larson Architects, labeled SP-l, and dated 4-15-04, showing a drive through on the eastern portion ofthe 18K building is approved with the changes/additions listed herein. 5. The landscape plan prepared by Sterling Landscape Architecture, labeled Ll.O, and dated -16-04, modified on 4-28-04 and 5-28-04 is approved as submitted with the following change: · Plant some low-lying landscaping or some other type of visual feature within the 7-foot wide planter island separating the drive-through lane and the driveway to Overland Road. 6. The number of off-street parking stalls is approved as shown on the submitted site plan. In accordance with MCC 11-13-5, all standard parking stalls shall be constructed 9-feet by 19-feet minimum and the drive aisles shall be at least 25-feet wide. 7. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 8. Comply with the conditions and comments of all City Departments, and other agencies. 9. No additional buildings or other structures shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 10. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 11. If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 12. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 13. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 14. All construction shall conform to the requirements of the Americans with Disabilities Act. 15. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. B. Adopt the recommendations ofthe Meridian Fire Department as follows: 1. Comply with the plan review comments provided by Rich Green for CZC-04-029. 2. Provide exterior egress lighting as required by the International Building & Fire Codes. 3. Provide 6" suite number over the entrance to the building. Post suite numbers on the exterior rear exit. EXHIBIT D The City Council hereby approves the following analysis of required findings by staff: STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit ifthey shall find evidence presented at the hearing(s) is adequate to establish (I1- 17-3): A. That the site is large enough to accommodate the proposed use and aU yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Parking stalls are required at the rate of one space per 200 s.f. of gross floor area for restaurants (MCC ll-13-5.B). Per this requirement, 94 stalls are required if this whole building were a restaurant use(s). There are 112 parking stalls provided on this site, exceeding the City's minimum parking stall ratio. Staff finds that the project should have ample parking. The proposed site plan shows a single drive-through window on the eastern end of the existing building. There is a 7~foot wide planter proposed that separates the one-way drive-through lane from the two-way drive lane coming off of Overland Road. The drive-through lane will be able to stack approximately 3 to 4 cars, before idle vehicles would block through traffic. Staff is supportive of the proposed drive-through lane as it should not interfere with internal traffic flows or traffic flows on Overland Road. Staff is supportive of the physical barrier proposed that separates the drive-through lane and the driveway from Overland Road. To further prevent vehicles from entering the drive-through from the wrong direction, and to allow drivers to visually see the barrier, staff recommends that some type of low-lying landscaping or visual feature be installed within the 7-foot wide planter island. See Site Specific Condition #2 below. All existing/proposed building setbacks and landscaping meet the minimum standards outlined in Titles 11 and 12, Meridian City Code. Staff finds that the subject property is large enough to accommodate the required yards (setbacks), open spaces, parking, landscaping and other features required by the 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; The Comprehensive Plan Land Use Map designates the property as "Mixed Use- Regional." This designation is intended to "provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose of this designation is to identify key areas 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." MCC 11-8-1, Schedule of Use Control, allows for drive-through establishments through the conditional use process in C-C zone. Staff finds that the requested coffee shop with a drive-through is in compliance with the Comprehensive Plan and that if approved as a CUP the project will be in compliance with Meridian City Ordinances. 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; Staff is supportive of the site plan design. This area is part of a larger mixed-use commercial area, which staffbelieves the applicant has designed to accommodate. Staffbelieves that a drive-through coffee shop will be compatible with other useslbuildings in the area. There is a significant amount oflandscaping being provided (approximately 20% of the gross land area), and the proposed use is consistent with the previously approved uses within El Dorado Subdivision. Stafffinds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff finds that if the applicant complies with the conditions outlined in this report, the proposed drive-through use will not adversely affect other property in the area. The Commission and Council should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Sanitary sewer and water are currently provided to the subject building. On January 16,2002, the Ada County Highway District Board of Commissioners acted on AZ-OI-018! CUP-OI-037, El Dorado Business Campus. The conditions, requirements and restrictions for El Dorado Business Campus also apply to CUP- 04-038. On September 24, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property (see end of staff report for comments). Based on the joint agency/department meeting and other comments received from other agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed use. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes that traffic and noise will increase with the approval of a drive- through in this location; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed drive-through use will not be detrimental to people, property or the general welfare of the area. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is not proposing to construct any new vehicular approaches int%ut ofthe property. ACHD considers vehicular approaches in their analysis of projects and has previously approved the access points for this parce1. The applicant is proposing to utilize these previously approved access points, one on Overland Road, and one on Bonito Way. The proposed site plan shows a single drive-through window on the eastern end of the existing building. There is a 7-foot wide planter proposed that separates the one-way drive-through lane from the two-way drive lane coming off of Overland Road. The drive-through lane will be able to stack approximately 3 to 4 cars, before idle vehicles would block through traffic. Staff is supportive of the proposed drive-through lane as it should not interfere with internal traffic flow or traffic flows on the abutting roadways. 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. Staff is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. December 10, 2004 MERIDIAN CITY COUNCIL MEETING PP 04-037 December 14, 2004 APPLICANT Ustick Marketplace, LLC ITEM NO. 5-f REQUEST Findings for Approval - Request for Preliminary Plat approval of 11 commercial building lots and 2 common lots on 36.93+ acres in a C-G zone for Smitchger Subdivision northeast corner of Eagle Road and Ustick 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:~~ ~~~ Date:~ Phone: CfS<t- 0;>'5(, EmaiJed: ~f'~~s- (\..(:l..;\- Staff Initials: ~ Materials presented at public meetings shQII become property of the City of Meridian. See attached Findings ~v--U CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the M.atter of Request for Preliminary Plat Approval of 11 Commercial Building Lots and 2 Common Lots on 36.93+ Acres in a C-G Zone for Smitchger Subdivision Case No(s). PP-04-037 For the City Council Hearing Date of: November 30, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matter was duly considered by the City Council at the November 30,2004, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~9 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-04-037 - PAGE I of4 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner of record at the time of issuance of these findings is Ustick Marketplace, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit F for the findings required for the Preliminary Plat application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67- 6503). 2. 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. 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated 11-10-04 as shown in Exhibit B and the Conditions of Approval in Exhibits C, D and E. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). PP-04-037 - PAGE 2 of4 c 1. The applicant's Preliminary Plat as evidenced by having submitted the plat dated 11110/04 is hereby conditionally approved; and 2. The following modifications to site specific conditions were made at the City Council hearing: a. Delete site specific conditions #2 and #3, as the applicant has already complied with these conditions. 3. The site specific and standard conditions of approval are as shown in Exhibit C, D and E. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice afFinal Action and Right to Regulatory Takings Analysis 1. 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. 2. 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 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat Exhibit C: Final Conditions of Approval- City Exhibit D: Final Conditions of Approval - ACHD Exhibit E: Final Conditions of Approval- Central District Health Exhibit F: Preliminary Plat Findings CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-04-037 - PAGE 3 of4 Below This Point For City Clerk Use Only: 14-ti dayof COUNCIL MEMBER SHAUN WARDLE VOTED~/0 COUNCIL MEMBER CHRISTINE DONNELL VOTED~ VOTED~ VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) - VOTED ~ Attest: and City Attorney. -f ~ By: ,__J(L\O\ m-; "~Q M } City Clerk's Office Dated:_12 - 2lQ:3 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-04-037 - PAGE 4 of 4 \. EXHIBIT A Legal Description ~A.J.!tLc MASONe &. &rARFmLD,,~C.. PROFESSIONAL ENGINEERS, LAND SURVEYORS & PLANNERS 314BADIOLA STREET CAUlWEI..t, IDAl:IO 83605 TELEPHONE: (20B) 454-{1256 FAX: (208) 454-{1979 Email: rgn,y@em.llds.llet FOR: JOB NQ.: DATE: S1\.1ITH BRIGHTON PROPERTIES JA2104 March 12, 2004 PROPERTY DESCRIPTION A parcel ofland being a portion of me SWll4 SWl/4 of Section 33, Township 4 North, Range 1 Bast, Boise Meridian, Meridian. Ada County Idaho, more particularly described as follows: Commencing at the SW comer of said Section 33, said corner monumented with a lI2-inch diameter iron pin; Thence S. 89049' 08" E., a distance of354.75 feet (formerly 354.74 feet) along the southerly boundary of said SWl/4 SWll4 and the centerline of Us tick Road to the POINT OF BEGINNING, srod point being wincident with Station 11 +54.74 of the Ustick Road Survey as described in that certain Warranty Deed Instr. No 95023303 and monumented with a 5lS-inch diameter iron pin; Thence leaving the southerly bounda.ry of said SW]!4 SWl/4 and the centerline of said Ustick Road, N. 0" 10' 52" E., a distance of25.00 feet to a poim on the northerly right of way line of erisling Ustick Roa.d as described in said Warranty DeedInsrr. No, 95023303, said point rnonumented with a 5/8.incb diameter iron pin; Thence along the northerly boundary of said Warranty Deed Instr, No 95023303 the following courses and distances: Thence N. 85021' 25" W., a distance of 249.18 feel (formerly 249.17 feet) to a 5/8-inch diameter iron pin; Tlilllg n 43022' 5Q'~:Wu_...!..ilis1l1Me~_.LQAS frcHoJhe n.Qrtlr\Yt;~leIlYy~e.r...Q..U;ai..d 1YamnlY___ Deed Instr. No. 95023303, said wrner lies on the easterly boundary ofthal certain Warranty Deed Inslr. No. 95023304 and is monumented with a 5/8-inch diameler iron pin; Thence along the easterly boundary of said Warranty Deed Instr. No. 95023304 the following courses and distances: Thmce N. OF 50' 52" E., a distance of691.4] feet to a 5/8-inch diameter iron pin; ".. Page 2 - Legal Description .0....,/' EAAt, l\WON & S.,. Ar<f'ltl.D INC. PJWFessrOIMtENGlNEEllS, LAND SURVEYORS, '" PUNNJ!RS P~g. 2 Thence N. 0" 30' 25" E., II distance of 584.00 feet (fonnerly 583.89 feet) to a point on the northerly boundary of said 8W1/4 SWII4, said point bears S. 89" 47' 55" E., a distance of 115.01 feet (fonnerly S. 89Q 45' 27" E., a distlmce of 115.00 feet) from the NV,r comer of said SW1/4 SWll4 (S 1/16 corner common to Sections 32 and 33), said point is monumented with a 518-inch diameter iron pin; Thence lea,ing the easterly boundary of said Warranty Deed Instr. No. 95023304, S. 89" 47' 55" E., a distance ofl214.18 feet along the northerly boundary of said SWI 14 SW1I4 to the NE corner ofsaid SWII4 SWII4 (SW 1/16 corner), said comer monumented with a 5/S-inch diameter iron pin; Thence S. O~ 29' 08" W., a distance ofl326.66 feet along the easterlybOlmdary of said SW1/4 SWIM to the SE comer of said SW1I4 SW1J4 CN 1/16 corneroommon to Sections 4 and 33); Thence N. 89Q 49' 08" W., a distance of 974.95 feet along the southerly boundary of said SW1I4 SW1l4 to the POINT OF BEGll\1J\1JNG. . This parcel contains 36.93 acres more or less. Also, this parcel is SUBJECT TO all easements and rightS-ai-way of record or implied. All according to Record of Survey No. 3769, recorded asInstr; No. 97008745 in the Office of the Ada County Recorder. The information contained in this legal description was derived from the data of record as shown on "Record of Survey No. 3769, Instr. No. 97008745", and is not based on an actual field survey. EXHIBIT B Approved Preliminary Plat Smitchger Subdivision (PP-04-037) PFl'~L'A.o1"'1'lAFI""r"" PLA.. . , - IOH _. SMI'TCHQIt,n' UUSDlVl.o:rON tJ'~~'\WN~r.."J!lE.N" r ~,,~ R.. I c,< ..~_. . ~-'(,..,.o.,o,C<<aitY,Ii'U}~ .... VNPLAT7rO 8AW~l'PRESS RO, "", ~--..:s. ^, '. . ] , j>~. '<n1~~'" J<R".-X~ _1OO:..tliMJ '" ,_r... J./I!~. ~ _ - ~ "", ' '- ~ ~'>'o UHPlA HEIJ ::"'~I"::':='~=-~~1Ii E::az-~~=a~::::;.: ~ ........ ~-;;.:;- ESE=r =-~.......... -- -~ =:..-.-... ~::"' -- - ! <i, I t ;;:;-~ ~-- - -- --"'-- -.-- ......<f_ === =~~ ==:::;::=: ::::::=: - -. '-&-~,~ -...t....-........'.;'I ...,,-.t.l- - --I--'"-"l '-"- , - .----... .::.....:--.: :.=-:.:""-'-' -"""""'-'" ~_I~"'!W1'III~".....~"._ IIUoU'oIl ..<t~....,,",,, .I._--~.._....- ""rll~_..~f\'TW .l.i:"*'~.J.r~~'T_~ ~---Ip;-.....u_.trlT~!lI.. '"-......""'~~_....-..,.oI'.!oI..,___.. &""-_..n.. ~IPI;~__.~"",, Joq,Il"_l.Jtl.", . '"-..-,. -~_... 'l'-'~-.....v. t.;lII~lI'I'rE'''il'h".._____ ~1I1:"__"'I,'IIC"J~U_r'll.-,-" ....""""-~ . It*'f~-'~~-i.pn-,...__AM. .-:. ._a,o,.-..,tlO"/;'IId(__................. '-"'IIi.f'D<t.ll_ "'"' ____ -.aft. .._~...........IIIoI.I.I..,___..__iI'n...I;_ ~ ~~;=~.~~ci:~~ . 1.........-.'(_n'l!l____~ _11:"__.- -mR'fIA~"," . I\~~~=~=~.. ,.......---........---' : I!P\'"'''''--...''''~'''.-W'r..___rr.. "-.(W._~t~~~.._..-"'l~.-. ,. ..............._~__..... L__..~.....-.~..... r.lllltlti..., .-.............,_. N' ___","0",11I'"_ .:e~ih-r*~"#:.-;...~1D~ kE~ ~J !~~~ . ~' i ~.j EXHIBIT C Preliminary Plat Smitchger Subdivision (File PP-04-037) Site Specific Conditions of Approval- Plannine; & Zonint! / Public Works 1. All conditions of the recorded Development Agreement (Instrument No. 104107404) shall also be considered conditions of the Preliminary Plat (PP-04-037). 2. Applicant shall submit a revised, detailed Landscape Plan with the final plat application that includes the lO-foot street buffer details on Baldcypress and the "New Road." Said improvements shall be made by the developer/subdivider as part of the final plat phase that includes these buffers/street improvements. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517 . Wells may be used for non-domestic purposes such as landscape irrigation 4. 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 are removed. 5. A detailed fencing plan must be submitted upon application of the final plat. Said plan should show the location and construction details of the sound wall required in the DA along the east boundary. Unless otherwise approved by the City, all fencing shall be constructed in accordance with MCC 12-4-10. 6. In accordance with Meridian City Code, all irrigation ditches, laterals or canals that cross, intersect or lie adjacent to the subject site shall be covered or tiled. Any ditch, canal or lateral to be piped shall be shown on plans, which shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. 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. The applicant proposes Settlers Irrigation District to own and maintain the pressurized irrigation system. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Smitchger Subdivision - PP-04-037 - Exhibit C Page] of 4 8. Sanitary sewer and water service to this site shall be via main line extensions from existing mains installed adjacent to the property. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The Applicant shall coordinate main sizing and routing with the Public Works Department. Cover over the sanitary sewer shall be no less that three-feet from finish grade to the top of pipe. Each building lot within this development shall be subject to paying sanitary sewer and water latecomer fees at the time of building permit issuance. 9. Other than the access points that have specifically been approved with this application by ACHD, direct lot access to Eagle Road/SH 55 and Ustick Road is prohibited. The developer shall work with ITD and City staff to design the most suitable right- in/right-out traffic control device for the intersection of the center driveway and Eagle Road/SH 55. 10. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a lOO-year storm event. Side slopes within drainage areas shall not exceed 3: 1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. 11. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 12. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the Applicant. Typical locations are at street intersections and/or fire hydrants. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided 15. A note shall be placed on the final plat stating that unless otherwise approved, all building setbacks shall meet the requirements of the zoning ordinance in effect at the time of building permit submittal. 16. 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. 17. A letter of credit or cash surety in the amount of 110% will be required for all landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of the final plat. Smitchger Subdivision - PP-04-037 - Exhibit C Page 2 of 4 18. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 19. Plat approval shall be subject to the expiration provisions set forth in MCC. 20. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. MERIDIAN FIRE DEPARTMENT CONDITIONS 1. The applicant is requested to coordinate with the Meridian Fire Marshall regarding the addressing of future bulldings on Lots 5 and 7, Block 1 to ensure adequate emergency response to these lots from Eagle Road. 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. a. Fire Hydrants shall have the 4 W' 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] 0'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. Provide a 20' wide Fire Lane for all internal & external roadways. 6. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 8. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. Smitchger Subdivision - PP-04-037 - Exhibit C Page 3 of4 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. 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 of300' apart. 11. The 11 conunerciallots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 12. 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 13. Maintain a separation of5' from the building to the dumpster enclosure. 14. Provide a Knoxbox entry system for the complex. 15. Paint the curb red and provide signage "No Parking Fire Lane". 16. All processes & storage practices shall be required to comply with the International Fire Code. 17. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 18. No Parking signs and painted curbs will be required for all Fire Lanes. 19. Provide exterior egress lighting as required by the International Building & Fire Codes. SANITARY SERVICE COMPANY 1. SSC has no comments related to this application. MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. Smitchger Subdivision ~ PP-04-037 - Exhibit C Page 4 of4 EXHIBIT D ACHD Conditions of Approval Smitchger Subdivision (File PP-04-037) (See attached - 3 pages) J J needed right-of-way. The applicant should enter into a development agreement with the District regarding the proposed signal. C. Site Specific Conditions of Approval 1. Dedicate 60-feet of right-of-way from the centerline of Ustick Road (from Eagle Road to 500-feet east of Eagle Road)_abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. Construct a 5-foot concrete sidewalk located a minimum of 53-feet from the centerline of Ustick Road abutting the entire site. If the sidewalk meanders outside of the right-of-way, provide the District with an easement for the sidewalk. 3. Dedicate 48-feet of right-of-way from the centerline of Ustick Road (from SOD-feet east of Eagle Road to the east property line) abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-at-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-at-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a Jetter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 4. Construct a 5-foot concrete sidewalk located a minimum of 41-feet from the centerline of Ustick Road abutting the entire site. If the sidewalk meanders outside of the right-of-way, provide the District with an easement for the sidewalk. 5. Construct a 26.100t wide right-in right-out driveway ONLY that intersects Ustick Road approximately 392-feet east of State Highway 55 (Eagle Road), as proposed. Construct a 6-inch raised median within Ustick Road to restrict the driveways functions to right-in/right-out ONLY. Coordinate the design and installation of the raised median with the District Staff. 6. Construct a 36-foot wide full access driveway that intersects Ustick Road approximately 75D-feet east of Slate Highway 55 (Eagle Road), as proposed. 7_ Construct a 36-foot wide full access driveway that intersects the proposed collector street that is located on the property's east property line, as proposed. 8. Construct a 36.fool wide full access driveway that located on the property's east property line, as proposed collector street that is approximately 31 O-feet east of 9. Conslrucl a 36-foot wide driveway that intersects Bald State Highway 55 (Eagle Road), as proposed. 11 J ...,I Construct a 36-foot wide driveway that intersects Bald Cypress Road approximately 300-feet west of the proposed commercial street that is located on the property's east property line, as proposed. 11. Construct a 36-foot wide driveway that intersects Bald Cypress Road approximately 670-feet west of the proposed commercial street that is located on the property's east property line, as proposed. ). 12. Construct a cofl,ector roadway that intersects Ustick Road approximately 30-feet west of the east property line, as proposed. 13. Complete the existing street section of Bald Cypress Road to provide a 36-foot street section to include vertical curb, gutter and 5-foot concrete sidewalk abutting the entire site and widen the street section at the intersection of State Highway 55 (Eagle Road) to a 50-foot street section, as proposed, to accommodate for three traffic lanes. Dedicate the necessary right-of-way to accommodate for three traffic lanes on Bald Cypress Road. 14. Construct Ihe proposed collector roadway as a 36-foot street section with vertical curb, gutter and 5- foot detached concrete sidewalk (or 7-foot allached) abutting the majority of the site; transitioning to a 50-foot street section with vertical curb, gutter and sidewalk at the intersections of Ustick Road and Bald Cypress Road. 15. Dedicate the required right-of-way of the new collector roadway by means of recordation of a final subdivision plat or execution of a warranty deed prior to acceptance of the public roadways. 16. Dedicate the right-of-way that is necessary 10 extend Broadleaf Street to the newly proposed collector roadway. 17. Construct a pedestrian pathway ONLY from Broadleaf Street to the proposed collector street, as proposed. 18. Construct the center turn lane on Ustick Road to provide a turning pocket for all three of the access points that are proposed to intersect Ustick Road. Coordinate the design of the turn lane with District staff. 19_ Construct a right-turn lane on Ustick Road of at least 210 feet in length at the right-in/right-out driveway that is proposed to intersect Ustick Road approximately 392-feet east of State Highway 55 (Eagle Road). Coordinate the design of the turn lane with District staff. 20. Construct a right-turn lane on Ustick Road of at least 210 feet in length is warranted at the full access driveway that is proposed to intersect Uslick Road approximately 750-feet east of Slate Highway 55 (Eagle Road). Coordinate the design of the turn lane with District staff. 21. Enter into a development agreement with the District regarding the proposed traffic signal at the intersection of Ustick Road and the new collector roadway. 22. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit a fetter from fTD 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 111 Traffic Engineer Dan Coonce at 334-8300. 23. Comply with all Standard Conditions of Approval. 12 .J ...,.I Standard Conditions of Approval 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 Con struction 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 applicab]e ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, 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 utllilies damaged by the applicant. The applicant shall be required to call DIGLlNE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of Its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law In effect at the time the change in use is sough!. 13 EXHIBIT E Central District Health Department 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 storm water disposal and design a stormwater management system that prevents groundwater and surface water degradation. EXHIBIT F The City Council hereby approves the following analysis of required findings by staff: PRELIMINARY PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the 2002 Comprehensive Plan Future Land Use Map designates all of the subject property as "Mixed Use-Regional." The purpose of the Mixed Use designation is "to provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. . .and to identify key areas [of the City] which are either infill in nature or situated in highly visible or transitioning areas of the City where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." (See Chapter VII, pg. 97.) The C-G zoning generally conforms to this stated purpose and intent of the MU-Regional designation and the applicant was required through the DA to provide some professional office or other non-retail use on Lot 11, Block 1. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): . "Permit new. . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) . "Require all developments adjacent to designated entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on the site adjacent to the roadway." (Chapter V, Goal III, Obj. B, #8) . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) . "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) The new road profile submitted with the application (see Exhibit A) shows 5- foot sidewalks and 5-foot bike lanes on both sides of the proposed new road. Staff strongly supports this proposed street location and design and believes it to be an asset of the application and development. Smitchger Subdivision - PP-04-037 - Exhibit F Page 1 of3 . "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Obj, B, #5) The recorded DA requires the applicant to construct a 6-foot sound wall on the east property line in addition to a 20-foot wide landscape buffer. Other sound and light mitigation measures were placed upon future uses within the subdivision. Staff finds that the proposed subdivision is in compliance with the Comprehensive Plan. B. The availability of public services to accommodate the proposed development; Improvements to Ustick Road in this area have not taken place in the recent past, and none are anticipated by ACHD within the next 10 years (the roadway is not in ACHD's current Five-Year Work Program but is listed as project #85 in their 20- year CIP). Both the City of Meridian (through the approved CZC) and ACHD require a 5-foot detached sidewalk on Ustick Road abutting the site. The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. Sanitary sewer and water mains would have to be extended into the site from Ustick Road and Eagle Roads. On October 8, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has some concern about effective address signage for Lots 5 and 7 but is otherwise supportive of the subdivision. The applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSC). Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency not listed above, regarding their ability to adequately service this project. Staff finds that the property proposed for development can be serviced by essential public facilities and services. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement program because the developer is required to install sewer, water, local street infrastructure, utilities and irrigation, for the development at their cost. Smitchger Subdivision - PP-04~037 - Exhibit F Page 2 of3 D. The public f'mancial capability of supporting services for the proposed development; The developer will be financing the extension of sewer, water, local/internal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost, if the applicant complies with the conditions of approval for the conditional use permit and preliminary plat applications. The Commission and Council consider the Meridian Police, Parks and Fire Departments' comments with regard to their capability to serve the proposed development. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds the primary health and public safety issue related to this subdivision is the increase in vehicular traffic and the ongoing challenges facing Eagle Road/SH 55. While this preliminary plat application does not, in and of itself, propose new uses on the property, the plat does create the ability to more easily market and convey lots to new commercial users. An approved preliminary plat grants the owner an entitlement to create final, buildable lots - assuming the final plat substantially conforms. There are no required findings that must be made related to traffic or public safety with final plat applications. The Commission and Council should rely upon the traffic estimates and testimony oflaw enforcement, emergency response and transportation professionals and regular drivers of Eagle and U stick Roads in making this required finding. The Commission and Council should also note both the public and agency/department testimony already in the public record regarding this site for the Market Square hearings regarding traffic safety on Ustick and Eagle Roads. ITD recently completed the Eagle Road Corridor Study which analyzed the potential signalization of intersections in this area. The Traffic Impact Study prepared for the Market Square annexation application (by Earth Tech Engineers) projected the site at build-out will generate an external Average Daily Traffic of 10,825 vehicles per day, an AM peak traffic of272 vehicles per hour and a PM peak traffic of 945 vph. Approximately 35% ofthe total traffic is projected to have Ustick Road destinations and 65% to have Eagle Road destinations. ACHD is allowing two driveways, a right-in/right-out and a full-access, on Ustick Road. They have also preliminarily approved the new signal proposed at the east property line. Smitchger Subdivision - PP-04-037 - Exhibit F Page 3 on December 10, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Sundell Architecture CUP 04-043 December 14, 2004 ITEM NO. 5-G REQUEST Findings for Approval -- Request for detailed Conditional Use approval for 7 office building sin an L-O zone for Sagecrest Subdivision - south of East Overland Road and west side of South MiIlenium Way AGENCY COMMENTS 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: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings ~~ Contacted: Emailed: Date: l.:;y( \3(()~ Phone: ~Lf.d- ~ )US Staff Initials: ~ Materials presented at public: meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Detailed Conditional Use Permit Approval for Seven (7) Office Buildings in the L-O Zone, by Sundell Architecture Case No(s). CUP-04-043 For the City Council Hearing Date of: November 30, 2004 A. Findings of Fact 1. Hearing Facts a. A notice ofa public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code 967- 6509. The matter was duly considered by the City Council at the November 30, 2004 public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code Ss 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-043 - PAGE I of 4 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Sagecrest Development LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67- 6503). 2. 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. 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan prepared by Sundell Architecture, labeled Eastern Office Area Sagecrest Subdivision, dated 11-15-04, as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). CUP-04-043 - PAGE 2 of4 Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated 11-15- 04, is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of pennanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion 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.) E. Notice afFinal Action and Right to Regulatory Takings Analysis 1. 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. 2. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-043 - PAGE 3 of 4 F. Exhibits Exhibit A: Legal Description Exhibit B: Site Plan Exhibit C: Conditional Use Permit Conditions of Approval Exhibit D: Conditional Use Permit Findings ~tion O~CitY Council at its regular meeting held on the (.em.. ' 2004. /1..f1.:;, day of COUNCIL MEMBER SHAUN WARDLE VOTED /)1; J~;-;J COUNCIL MEMBER KEITH BIRD VOTED-?, VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE MAYOR TAMMY de WEERD (TIE BREAKER) VOTED and City Attorney. By: j(}.A.Ol!(Y\ J:J)u VYV City Clerk's Office Dated: \'2-2.6 ~o1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). CUP-04-043 - PAGE 4 of 4 EXHIBIT A Legal Description LEGAL DESCRIPTION: SAGECREST SUBDIVISION A RESUBDlVISION OF LOT 6 BLOCK 1, RESOLUTION SUBDIVISION NO. 1 MERIDIAN, IDAHO PROPERTY IS DESCRIBED AS BUILDING LOTS 33,34,35.36,37,43 AND 44. LOTS FOR PARKING AND ACCESS ARE DESCRIBED AS LOTS 38 AND 41 AND A PORTION OF COMMON AREA LOT #60 , , ,J;" ~-"' ~.::j . -;:-/'Il ''0 ~~ ~~~ ~'t =~g 0 ~~~ ~ ,.J p-t: l: -i' (). ~ SAGECRfST L,LC ~:~~:=~~t EXHIBIT B Site Plan ,;.:,} J~:LUmJW.LlL ,~'.'c,.,.,.,.i P::;:'7~ .,' ~ "I' I 4s~ir',~' ~r~[ST~uOi?isIOti SUNDELL D nu;!t~:.$f._,',.,~.~'~8.~ I _ ~'~,~"R:~!":~~TU RE EXHIBIT C The City Council ofthe City of Meridian hereby approves the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff and P & Z Commission as follows: CONDITIONAL USE PERMIT SITE SPECIFIC CONDITIONS OF APPROVAL 1. All applicable conditions of previously approved development agreements, Preliminary Plats, Final Plats, and CUP applications shall also be considered conditions ofthe subject Conditional Use Permit (CUP-04-043). 2. The minimum building setbacks for this development shall be according to the City minimums for the L-Q zone. A minimum 20-foot wide building setback shall be maintained to the west property line of all office buildings (rear). As required with the previous CUP application on this site (CUP-03-057), landscaping shall be installed between the west property line and the rear of the buildings. In accordance with previously platted easements, a minimum I5-foot wide building setback shall be maintained on the south property line of Lot 37, Block 1. Construction materials used on the structures shall be approved by City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 3. A1190-degree parking stalls shall be 9-feet wide by 19-feet long, adjacent to a 25-foot wide drive aisle. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. 4. The construction of the proposed office buildings shall substantially comply with the undated elevations on file with the City that Sundell Architecture prepared. Construction materials used on the structures shall be approved by City of Meridian Building Department and be in accordance with the most recent Uniform Building Code. If any significant modification(s) to the approved architectural design features and/or materials, as determined by the Planning Director, are requested for building(s) in the future, the property owner shall be required to submit a CUP modification. 5. Coordinate the location and design of trash dumpster(s) with Sanitary Services Company (SSe) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit an approved plan by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-l.C. 6. The applicant shall submit 10 copies of a revised site plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 7. No signs are approved with this CUP. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. GENERAL CONDITIONS 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 3. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 5. A building permit shall be obtained prior to the start of construction. 6. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 7. This Conditional Use Pennit shall be valid for a maximum period of 18 months. If construction on the first phaselbuilding has not begun within this timeframe, a new Conditional Use Pennit must be obtained prior to the start of development. 8. As part of a Conditional Use Pennit, the City of Meridian may impose additional restrictions/ conditions. Other Aeencv/Department Comments & Conditions SANITARY SERVICES COMPANY (SSC) 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submitted stamped (approved) plans with your Certificate of Zoning Compliance (CZC) application(s). MERIDIAN PARKS DEPARTMENT 1. The Parks Department has no concerns with the site design as submitted with the application. MERIDIAN FIRE DEPARTMENT L Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' 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 of 28' inside and 48' outside radius. 4. Provide a 20' wide (minimum) Fire Lane for all internal & external roadways. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 7. The 7 office/commerciallots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 9. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Provide a Knoxbox entry system for the complex. 11. Paint the curb red and provide signage "No Parking Fire Lane" along the drive aisles. 12. Provide exterior egress lighting as required by the International Building & Fire Codes. EXHIBIT D The City Council hereby approves the following analysis of required findings by staff: STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use pennit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and aU yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The submitted site plan depicts 90 on-site parking stalls. MCC 11-13-5.B.2 requires office uses to provide one on-site parking space for every 400 square-feet of building (gross). Per this requirement, the applicant would be required to provide 56 parking stalls (22,400 s.fbuilding/400 = 56 stalls) on the property. MCC 11-13-3.A requires off-street parking facilities to be designed with appropriate means of vehicular access to a street or alley, in a manner which will least interfere with traffic movement. MCC 11-13-4.D requires all off-street parking areas to be paved. MCC 11-13-3 requires parking spaces to be within 300-feet of the use served. MCC 11-13-4.F requires 90-degree parking stalls to be 9-feet wide and 19-feet long with a 2S-foot wide drive aisle. Staff finds that the applicant has shown enough parking to accommodate the proposed office uses. However, the parking spaces shown on the east side of the site are only IS-feet long. The applicant should modify the site plan to show all parking stalls at 9-feet by 19-feet (minimum) with drive aisles being at least 25-feet wide (see Site Specific Condition #3 below). The proposed setbacks do not appear to be in accordance with the City established minimums for the L-O zone and/or as previously approved. Further, the building setbacks on the site plan and landscape plan are not consistent with each other. The applicant has shown on the site plan a 10 to 20-foot rear setback (varies) for some of the proposed office buildings. A 20-foot rear setback is required in the L- Ozone (MCC 11-9-1). Further, CUP-03-0S7 required a 20-foot wide landscape buffer to be constructed entirely on the office lots, as a buffer between the adjacent residential use. Therefore, a 20-foot wide landscape buffer and buildin~ setback should be shown along the western (rear) property lines of the subiect office building lots. Also, platted with Sagecrest Subdivision was a IS-foot wide pressure irrigation and homeowners' pedestrian access easement. The proposed building on Lot 37, Block 1, encroaches into this platted easement. A minimum IS-foot wide building setback should be maintained on the south side of Lot 37, Block 1. See Site Specific Condition #2 below for required building setbacks. The developer of Resolution Subdivision installed the required landscaping adjacent to Millennium Way, and that landscaping currently exists adjacent to this site. The applicant is proposing to provide additional landscaping along the perimeter and within the parking areas. Staff finds that the site is large enough to accommodate the proposed uses and all yards (setbacks), open spaces, parking, landscaping and other features required by 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; This site is currently designated as "High Density Residential" on the Comprehensive Plan Future Land Use Map and zoned L-O. Staff finds that if the applicant complies with the conditions included in this report, the building configurations and overall design of the development would be in general conformance with the City of Meridian Comprehensive Plan and will be in general conformance with the requirements of the Zoning Ordinance. Further, staff finds that the development plan is consistent with the recorded zoning resolution, development agreement, and previous development approvals granted by the City for this site. 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; Staff finds that the proposed office buildings should be compatible with other uses in the neighborhood and with the intended character ofthe general vicinity, which includes a mix of residential, commercial, office, and school uses. The Council and Commission should consider public testimony when determining if the proposed use will adversely change the essential character of the general vicinity. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed use will have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained in accordance with the Site Specific and General Conditions of approval. Staff recommends that the Commission and Council rely upon public testimony, staff's analysis, and other agency comments when determining if the proposed uses will adversely affect the other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; The subject site has adequate access to Overland Road via local streets in the area. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to the site and surrounding properties. City sewer and water currently service the site. On October 10, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end ofthis report. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, the Meridian Fire Department, the Meridian Parks Department, and any other agency providing service to this site, regarding their ability to adequately service this project. Staff finds that the subject property can be served adequately by all essential public facilities and City services. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. Staff finds 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. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The proposed office uses are similar to the existing office uses to the east and north of the site. Staff does not anticipate that the proposed uses, will be detrimental to the general welfare of the community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated by the proposed uses. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is not proposing to construct any new vehicular approaches int%ut of the property. ACHD considers vehicular approaches in their analysis of projects and has previously approved the access points for this parcel. The applicant is proposing to utilize the two previously approved access points to Millennium Way. Staff finds that the proposed use and associated approaches will not create interference with any traffic on the surrounding public streets. 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. Staff is not aware of any natural, scenic or historic features in the general vicinity of this project. Staff finds that no site improvements associated with the Conditional Use Permit application should damage natural, scenic or historic features in the area. December 10, 2004 MERIDIAN CITY COUNCIL MEETING PP 04-036 December 14,2004 APPLICANT Buffalo Hump, LLC ITEM NO. 5-H REQUEST Findings for Approval - Request for Preliminary Plat approval of 5 commercial building lots on 7.16 acres in a C-G zone for Waltman Court Subdivision -- 420 Waltman Court AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER OEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEnlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted:~ ~'-' Date:\~\l':;~()4 Phone: ~~.qq5S Emailed:ec\cKtSDlI-t:\\J.lt@...M~{\.CD.... Staff Initials: j..R-- Materials presented at public: meeHngs shall become property of the City of Meridian. See altached Findings ~vV CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF DECISION & ORDER In the Matter of Preliminary Plat Approval of Five (5) Buildable Lots on 7.16 Acres in a C- G Zone, AND Conditional Use Permit Approval for a Storage Yard on 1.6 Acres in a C-G Zone, by Buffalo Hump, LLC. Case Nos. PP-04-036, CUP-04-044 For the City Council Hearing Date of: November 30, 2004 A Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matters were duly considered by the City Council at the November 30, 2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code g67-6509, 6512, and Meridian City Code gg 1l-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. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP.04-036 AND CUP-04-044 - PAGE lot'S verified that the property owner(s) of record at the time of issuance of these findings are Jolm and Sandra Goade. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit F for the findings required for the Preliminary Plat application. b. See Exhibit G for the findings required for the Conditional Use Permit application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. S67- 6503). 2. 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. 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the cornment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, the revised Preliminary Plat dated November 15, 2004 as shown in Exhibit B, the revised Site Plan dated November 15,2004 as shown in Exhibit C, and the Conditions of Approval in Exhibits D and E. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FlNDINGS OF FACf, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-036 AND CUP-04-044 - PAGE 2 of 5 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated November 15, 2004 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated November 15, 2004; 3. The following modifications to site specific conditions were made at the City Council hearing; a) Add a preliminary plat condition requiring the applicant to work with the property owner to the west on a gating arrangement that will minimize the public use of the footbridge while allowing the property owner access to the public pathway, b) Delete preliminary plat condition #6, c) Modify preliminary plat condition #3 by requiring the applicant to dedicate the full pathway easement width along the entire project boundary; and, 4. The site specific and standard conditions of approval are as shown in Exhibits D and E. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities (MCC 12-2-4.B & C). 2. 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 penn anent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECIS.ION & ORDER CASE NOS. PP-04-036 AND CUP-04-044 - PAGE 3 01'5 the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void (MCC 11-17-4.8.). E. Notice afFinal Action and Right to Regulatory Takings Analysis 1. 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. 2. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Preliminary Plat Exhibit C: Site Plan Exhibit D: Preliminary Plat Conditions of Approval (all agencies) Exhibit E: Conditional Use Permit Conditions of Approval (all agencies) Exhibit F: Preliminary Plat Findings Exhibit G: Conditional Use Permit Findings e City Council at its regular meeting held on the ,2004. 14~ day of COUNCIL MEMBER SHAUN WARDLE VOTED /l1;J/d/~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-036 AND CUP-04-044 - PAGE 4 of 5 COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - Attest: William G. Berg, Jr., By: ~(}.ll.()I. mAll. I l..J"".-> y Clerk's Office Dated: \2~2e-04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-036 AND CUP-04-044 - PAGE 5 of 5 EXHIBIT A Legal Description -,' ,/ Boundary Description for Waltman Court Subdivision A parcel locat89 in the SW Yo of the NE Yo of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said SW X of the NE Xi (Center Xi Corner), from which a brass cap monument marking the southeasterly comer of the NE Xi of said Section 13 (y. Corner) bears S 89"52'22" E a distance of 2642.81 feet; Thence S 89052'22" E along the southerly boundary of said SW Y. of the NE X a distance of 1321.57 feet to a point marking the southeasterly corner of said SW X of the NEXi; Thence N 0013'29" E along the easterly boundary of said SW Y. of the NE Y. a distance of 25.00 feet to the POINT OF BEGINNING; Thence leaving said easterly boundary N 89.52'22" W a distance of 117.24 feet to a point on the easterly bank ofTen Mile Drain; Thence N 30"08'45" W along said easterly bank a distance of 336.83 feet to a point; Thence continuing along said easterly bank N 62002'20' W a distance of 459.36 feet to a point; Thence leaving said easterly bank N 38"00'13" E a distance of 73.93 feet to a point; Thence a distance of 296.91 feet along the arc of a 330.00 foot radius curve right, said curve having a central angle of 51033'05" and a long chord bearing N 63.46'46" E a distance of 287.00 feet to a point; Thence N 89033'18" E a distance of 37.15 feet to a point; Thence N 44.51'04" E a distance of 25.25 feet to a point; Thence N 0008'51" E a distance of 56.83 feet to a point on the southerly boundary of Troutner Park Subdivision as shown in Book 75 of Plats at Pages 7762-7764 in the office of the Recorder, Ada County, Idaho; Thence N 79055'00" E along said southerly boundary a distance of 342.58 feet to a point on the easterly boundary of said SW X of the NE X; -. Thence S 0.13'29" W along said easterly boundary a distance of 826.98 feet to the POINT OF BEGINNING; This parcel contains 7.16 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, P.C. September 14, 2004 EXHIBIT B Preliminary Plat Waltman Court Subdivision (File PP-04-036) 1...1 '.' l' : j ,; ", '-.....>0.. ~'i:~~'~~:~~~~~1?"$Ji -~.~ .!"..;. ~"c.~~ --, --.-- -.-. -... "... - -"-q. , ~---- ---._~-- -~.--,,,---...'-"-',,. 1I ..............-.-.- '" --,,~ ~. -"01'_""'_ N-Clf"~ ---...................,.."""'-____,..'P .........,._"".....~_..- I __~__ .......____ L~~~~~1~i~ . ==-.;;.w..::''''''~:::.:~ ~ ~i~~~~~:.:-;:' L"'-...'....--.._...._ -....."""''''-....-...-..-.- ~~'(PQO_<_".....ot<I_ ~ ~:.!{OS$i.;sHEl . ~r.:::-t~;;;:.{;~:;:" ... -...."'~._..,-''''''I-.....~~. - ~~~~1:.:;~~ : ~~~~~:;[r~ ~:.-....... ru.: J7";'~ ~~:~ rf[!;;::~, ~:i;-~;.:J ~..,.~.',-,.--,.~- 0<.<,- =:.-~-.;..::-:::.;::.:;"-" m-cit:,""'- ~...~r, j t', HI ~t .. Wd c ~ " :82 ~ ~ ",:2 g& ~.g ~::: ~ .. ., H> l> III ill1 f if cl I'll, ,11 "I ~ q : ~ t ~ n i r ~ 2 : " Ill'J 1'1 i:!l; II I Of j i~ ~ j i ~ i I 1- ~ : i t I ~ ~ ,,\ ~ . ~ ' ~ c~~ ~',....." ..' t\~ ' ~.' ............. I ~'(>\ L_;.._. . .."".."'.~_._I~'~'~. I Ili:II:II'> : j . Ii II I \;~~t~ m I ! f g~ ~;J. 'I.'! Il' Yy~ li~ j- I, i I! ill i~;! ,I~ ! ~ '. ~~ . i 1[11 i r~~~~ ~ :: 'w' "till _~~~~ ~ If. ~1ll.. ; I ---------'- . '.' ~~.--- . ... .: 2~~~ ~. i~ 'i ..: (!It "'~l $T.Ii;I>4 .....~ ~~.""Il- AHA ... ill t~" i!', . -" O.;O~. ~ -~~~~._,_~~c ~~ ~ ,- ~I ~ I, .. _~ t "~ e , ;~ t j ~R ~ 'II , ~ 5 ' j EXHIBIT C Site Plan Waltman Court CUP (File CUP-04-044) ~ ~ ~ ~ ~ . ~ !,~'l.';. {,j,lt ;;; ,...... ... 2 !r.~ tl g~ ., : ~~ j;;'~ ~..'lj I.' ~ ~ > ~ €J~ ; II I () , ',;" t ~5~ I I ~- ,- ~~: :~! r ;.~,r.:' I .~~ I~' I 1- I I ..\10 rJ .~ ~ ~ I ~~ ,~""il Ii. i 'I' ! t -II' " Ii.", i ~i ~" .' 1:.~~' v !g , . I I I i I I , ..1.,-.;; , I ~tlL ~ .,." -';N C;;!J9'1 'l JOl . \ 1-;' I · r ' . \ ~~ f~1 ,l.....1 \ ~ ~ ~l IF ~"" ,", i';;lt.;\ "I ~ib I "%:".~, m f. ~~~ _\~gt : \;"0 1& t '~, I....I.M<;..Wl'-",t-.,'['lj I !~ :J.VI,I'i'1.i~ ,IOnl r :.:r.j;AA!,~ ! I CO/'lV(>>MT'j; pRr.1: :t ~ .~~ I~ , I j,.~I,t'r.f-\I" (~ c' I HO'I ~J TRACK UTIUTIES,INC r : Meridian, Idaho .r ,L~ i . 1;t w ~ ~i ~ P ,,~ 11 '7-')0 ''1, (l \ C> [ .''''f l~~' (f ., ..ty ~' f J .', 1.~1.!;I:.uw ,00000J0H "",.~ IQI Polf'-d<:I' 't~-I'l1~, L l c. "ru.~~ ';;.1.' ~h~"j>;\to.:ll- .';1' ;J~O D~;& fi-~W 'I;; .i " I'n~,=", lo.lJ><:le'7Jr +.. EXHIBIT D Preliminary Plat Conditions of Approval Waltman Court Subdivision (File PP-04-036) The City Council of the City of Meridian hereby approves the Preliminary Plat as requested by the Applicant for the property described in the application, subject to the following: [City Council approved additions shown as underline. Deletions shown as stri!e-cout.] Preliminary Plat Site Specific Conditions of Approval (as modified bv the City Council) 1. All conditions of the accompanying Conditional Use Permit (CUP-04-044) application shall also be considered conditions of the Preliminary Plat (PP-04- 036), 2. The multi-use pathway along the Ten Mile Creek is approved as a IO-foot wide asphalt pathway. The applicant shall work with the City Parks Department to acquire the necessary approvals through the City's Master Pathway Agreement with the Nampa Meridian Irrigation District (NMID). The applicant shall conform to the Parks Department's standards for construction of the pathway. The Business Owners' Association shall be responsible for maintenance of all landscaping adjacent to the pathway. 3. Add a note to the plat granting an easement in favor of the City of Meridian on the lots that contain the Ten Mile Creek multi-use pathway, including Lot 5, Block 2. Submit an encroachment agreement for any area of the pathway constructed outside of the boundaries of the plat. 4. Prior to signature of the final plat by the City Engineer, the barn on Lots 2 and 3, Block 2, and all other structures spanning across lot lines shall be removed. 5. Applicant shall be required to connect the existing building on Lot 5, Block 2 to the municipal sewer system when it becomes available. Until such time as municipal sewer is available, the existing septic system may be utilized. Wells may be used for non-domestic purposes such as landscape irrigation 6. The submitted landscape plan, prcpared by Erickson Ciyil, Inc., and dated 9 5 04 is not approved as submitted. The follovling should be included in a revised landscape plan: . Provide a 10 foot '.vide landscape buffer along Corporate Drive and 8W 5th A^Lvenue, as proposed. Conifer trees arc not allowed within the required buffer area. Landscaping shall be in accordance with MCC 12 13 10. . Any tree over 1" 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 \yere removed. Required landscaping trees will not be considered as repla-ccment trees for those trees that urc removed. . Provide a minimum 5 foot wide landscape strip, ',:'{ith one tree for evory 35 linear feet, along the north side of tho Ton Mile Creok multi use puth\vay. Submit lij oopies of a revised landscape plan, depieting the above mentioned changes, to the City Clerk at least 10 days prior to the next pu.blic heariag. 7. Fencing constructed adjacent to the multi-use pathway should be a minimum of 5- feet from the edge of pavement. The applicant shall work with staff on a detailed fencing plan to be submitted upon application for final plat. Unless otherwise approved by the City, all fencing shall be constructed in accordance with MCC 12-4-10. 8. The applicant shall not be required to tile or cover the Ten Mile Creek. In accordance with Meridian City Code, all other irrigation ditches, laterals or canals that cross, intersect or lie adjacent to the subject site shall be covered or tiled. Any ditch, canal or lateral to be piped shall be shown on plans, which shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 9. 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. If the pressurized irrigation system within this development is to remain a private association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 10. Dedicate a full right-of-way width for Corporate Drive tlrroughout the site and to the southwestern property line (stub) so that a bridge crossing can be made in the future. 11. Sanitary sewer and water service to this site shall be via main line extensions from existing mains installed adjacent to the property. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The Applicant shall coordinate main sizing and routing with the Public Works Department. Cover over the sanitary sewer shall be no less that three-feet from finish grade to the top of pipe. 12. Other than the access points that have specifically been approved with this application by ACHD, direct lot access to Corporate Drive is prohibited. 13. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into 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. 14. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 15. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the Applicant. Typical locations are at street intersections and/or fire hydrants. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. 17. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided 18. All lot, parcel and tract sizes shall meet the minimum dimensional standards as established in the zoning ordinance. 19. A note shall be placed on the final plat stating that unless otherwise approved, all building setbacks shall meet the requirements of the zoning ordinance in effect at the time of building permit submittal. 20. Unless otherwise approved through the CUP, minimum building setback lines shall be in accordance with the zoning ordinance in effect at the time of issuance of building permit(s). 21. 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 22. A letter of credit or cash surety in the amount of 110% will be required for all landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of the final plat. 23. 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. 24. Plat approval shall be subject to the expiration provisions set forth in MCC. 25. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. 26. The applicant shall work with the property owner to the west on a gating arrangement that will minimize the public use of the footbridge across the Ten Mile Drain while allowing the property owner to the west access to the public pathway. OTHER AGENCY/DEPARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT CONDITIONS 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' 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'. 2. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. 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 of300' apart. 9. The proposed project lies outside the five-minute response zone goaL Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. The 5 office/commerciallots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 11. Provide a Knoxbox entry system for the complex. 12. All processes & storage practices shall be required to comply with the International Fire Code. 13. Provide a 20' wide Fire Lane for all internal & external roadways. 14. Any chemical storage on the site will require compliance with IFC and MCC 11- 12-3.A. This includes agricultural fertilizers and chemicals. 15. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC ll-12-3.C, and the National Safety Foundation publications. SANITARY SERVICE COMPANY 1. Design the enc1osure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the location and design with SSe. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. MERIDIAN PARKS DEPARTMENT 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & e. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. ACHD CONDITIONS OF APPROVAL A. Site Specific Conditions of Approval 1. Extend SW 5th Avenue into the site from the north property line and construct it as a 40-foot street section, within 54-feet of right-of-way, with vertical curb, gutter, and 5- foot concrete sidewalks, as proposed. 2. Widen the pavement on Waltman Lane to one-half of a 40-foot street section and construct vertical curb, gutter, and a 5-foot concrete sidewalk abutting the site. 3. Construct Corporate Drive within the site to collector standards for base and pavement depth. The width of the road shall be 40-feet (back-of-curb to back-of- curb). Construct vertical curb, gutter, and 7-foot wide concrete sidewalks, as proposed. Install a sign at the eastern AND western terminus of Corporate Drive stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE. II 4. Provide a temporary easement for fire truck and public turnaround at the eastern end of Corporate Drive, as proposed. Provide the District with a written approval for the turnaround easement from the local fire district. 5. Construct a temporary public turnaround at the western tenninus of Corporate Drive, as proposed. Coordinate the design of the turnaround with District Development Review Staff and the local Fire District. 6. Provide the District with a road trust deposit in the amount of$12,700 for the full street improvements (Pavement, vertical curb, gutter, and 7-foot concrete sidewalks, 10% for drainage, and 10% for contingencies) for Corporate Drive (approximately 120-feet) where those improvements at the western tenninus of Corporate Drive are proposed to NOT be constructed at this time. 7. Construct a 30 to 35-foot wide curb return driveway for Lot 1, Block 1, on the north side of Corporate Drive. This driveway shall be located a minimum of 105- feet (measured near edge to near edge) east ofSW 5th Avenue and shall be in alignment with the proposed driveway on the south side of Corporate Drive. 8. Construct a curb return driveway, no wider than 35-feet, for Lots 2 and 3, Block 2 on the south side of Corporate Drive. This driveway shall be located a minimum of lOS-feet (measured near edge to near edge) east ofSW 5th Avenue, and it shall be in alignment with the proposed driveway on the north side of Corporate Drive. (This driveway was proposed to be a shared driveway.) 9. Construct a 30 to 35-foot wide curb return driveway for Lot I, Block 2 approximately 170-feet west ofSW 5th Avenue. 10. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, 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 DIG LINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHDright-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. 1 ] . 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. IRRIGATION DISTRICT CONDITIONS 1. The Nampa & Meridian lrogation District requires a Land Use Change Application be filed for review prior to final platting. Please contact DOlma Moore at 466-7861 for further information. 2. All laterals and waste ways must be protected. 3. The District's Ten-Mile Drain courses along the western boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian lrogation District must review drainage plans. 5. The developer must comply with Idaho Code 31-3805. 6. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. CENTRAL DISTRICT HEAL Tn DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design ofthe subject project shall obtain current best management practices for storm water disposal and design a stonnwater management system that prevents groundwater and surface water degradation. EXHIBIT E Conditional Use Permit Conditions of Approval Waltman Court CUP (File CUP-04-044) Conditional Use Permit Site Specific Conditions of Approval (as approved bv the City Council) 1. All conditions of the accompanying Preliminary Plat (PP-04-036) application shall also be considered conditions of the Conditional Use Permit (CUP-04-044) application. 2. Provide all required building setbacks, open spaces, landscaping, parking and other features required by Meridian City Ordinance and as outlined in this report. At least 10 days prior to the City Council hearing, submit 10 copies of a revised site plan and landscape plan reflecting the features required with this report. 3. In accordance with MCC 11-13-3.E, construct a screening fence around all area(s) utilized for storage of equipment. 4. Construct a 5-foot wide landscape strip along all interior lot lines that are adjacent to paved vehicular use areas. Landscape materials within the landscape strips shall confonn to MCC 12-13-11-2. 5. In accordance with MCC 11-13-6.C, the applicant shall improve the material storage area on the south side of the proposed building with a dustless material. Staff recommends that recycled asphalt be used, as it does not create drainage problems but does an excellent job of keeping dust down. 6. Off-street parking is approved as shown on the submitted site plan. In accordance with MCC 11-13-5, aU standard parking stalls must be constructed 9 feet by ] 9 feet minimum and drive aisles must be at least 25-feet wide. All vehicular use areas shall be improved in accordance with Meridian City Code and this report. Project architect shall certify that the number and size of handicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA. 7. The applicant shall coordinate the location and design of trash dumpster(s) with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. Prior to issuance of a Certificate of Zoning Compliance (CZC) , the applicant shall submit an approved (stamped) site plan from SSe. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal. 8. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 9. No signs are approved with this CUP. All signs will require a separate sign permit in compliance with the sign ordinance. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 10. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 11. In accordance with MCC 12-13-8 and MCC 9-1-2, an underground, pressurized irrigation system shall be installed to all landscape areas. 12. 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 Stann 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. 13. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 14. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 15. This conditional use pennit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. 16. The applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. 17. Applicant shall file an application with the City of Meridian to amend the existing development agreement prior to approval of this CUP by City Council. ACHD CONDITIONS OF APPROVAL A. Site Specific Conditions of Approval 1. Extend SW 5th Avenue into the site from the north property line and construct it as a 40-foot street section, within 54-feet of right-of-way, with vertical curb, gutter, and 5-foot concrete sidewalks, as proposed. 2. Widen the pavement on Waltman Lane to one-half of a 40-foot street section and construct vertical curb, gutter, and a 5-foot concrete sidewalk abutting the site. 3. Construct Corporate Drive within the site to collector standards for base and pavement depth. The width ofthe road shall be 40-feet (back-of-curb to back-of- curb). Construct vertical curb, gutter, and 7-foot wide concrete sidewalks, as proposed. Install a sign at the eastern AND western terminus of Corporate Drive stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 4. Provide a temporary easement for fire truck and public turnaround at the eastern end of Corporate Drive, as proposed. Provide the District with a written approval for the turnaround easement from the local fire district. 5. Construct a temporary public turnaround at the western terminus of Corporate Drive, as proposed. Coordinate the design of the turnaround with District Development Review Staff and the local Fire District. 6. Provide the District with a road trust deposit in the amount of$12,700 for the full street improvements (Pavement, vertical curb, gutter, and 7-foot concrete sidewalks, 10% for drainage, and 10% for contingencies) for Corporate Drive (approximately 120-feet) where those improvements at the western terminus of Corporate Drive are proposed to NOT be constructed at this time. 7. Construct a 30 to 35-foot wide curb return driveway for Lot 1, Block 1, on the north side of Corporate Drive. This driveway shall be located a minimum of 105- feet (measured near edge to near edge) east ofSW 5th Avenue and shall be in aligmnent with the proposed driveway on the south side of Corporate Drive. 8. Construct a curb return driveway, no wider than 35-feet, for Lots 2 and 3, Block 2 on the south side of Corporate Drive. This driveway shall be located a minimum of lOS-feet (measured near edge to near edge) east ofSW Sth Avenue, and it shall be in aligmnent with the proposed driveway on the north side of Corporate Drive. (This driveway was proposed to be a shared driveway.) 9. Construct a 30 to 35-foot wide curb return driveway for Lot 1, Block 2 approximately 170-feet west ofSW 5th Avenue. 10. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. IRRIGATION DISTRICT CONDITIONS 1. The Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466- 7861 for further infonnation. 2. All laterals and waste ways must be protected. 3. The District's Ten-Mile Drain courses along the western boundary ofthis proposed project. This easement must be protected and any encroaclunent without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The developer must comply with Idaho Code 31- 3805. 6. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. CENTRAL DISTRICT HEAL TH DEPARTMENT 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. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. EXHIBIT F Preliminary Plat Findings Waltman Court Subdivision (File PP-04-044) The City Council hereby approves the following analysis of required findings by staff: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): . "Permit new. . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. The applicant shall extend sanitary sewer and water mains to and through the subject site. . "Encourage infill development in vacant/underdeveloped areas within the City over fringe area development to halt the outward progression of urban development." (Chapter V, Goal I, Objective A) This parcel is underdeveloped and is considered inflll development. . "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas." (Chapter V, Goal I, Objective A, Action item 11 ) See following bullet. . "Develop and maintain greenbelts along waterways." (Chapter V, Goal 1, Objective A, Action item 4) The applicant is proposing to leave the Ten Mile Creek open abutting this site. In accordance with the Comprehensive Plan, the applicant is proposing to construct a Multi-Use Pathway along the Ten Mile Creek, thereby enhancing the natural features and the development. (See detailed analysis in Special Consideration "A" below.) . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant is proposing to instal/landscaping along Corporate Drive and SW 5tlr Avenue, as well as adjacent to the proposed parking area. Staff is recommending additional landscaping as part of the concurrent CUP application. . "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The applicant is proposing to construct 7-foot wide sidewalk for the entire frontage of Corporate Drive, and a 5-foot wide sidewalk adjacent to SW 5'1r Avenue. The ACHD is requiring the applicant to construct a 40-[00t street section on both Corporate Drive and SW 5'1r Avenue. Staffis supportive of the proposed sidewalks and street sections, as they will accommodate pedestrians and bicycles both. Staff finds that the proposed subdivision is in compliance with the Comprehensive Plan. B. The availability of public services to accommodate the proposed development; Improvements to Waltman Lane and Corporate Drive in this area have not taken place in the recent past, and none are anticipated within the next 20 years (neither roadway is in ACHD's current Five-Year Work Program or CIP). ACHD is requiring the applicant to install roadway improvements (pavement widening, sidewalk, curb, gutter, etc.) on Waltman Lane abutting the site. Further, the ACHD is requiring the applicant to extend SW sth A venue into the site and utilize SW 5th Avenue as the main access to/from this site. ACHD is also requiring Corporate Drive to be constructed on-site. ACHD is recommending, with site- specific and standards conditions, approval of the subject development. The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. The applicant shall extend sanitary sewer and water mains to and through the subject site. On October 8, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The detailed conditions from the Fire Department and other agencies/departments are at the end of this report). The applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSC). Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency not listed above, regarding their ability to adequately service this project. Staff finds that the property proposed for development can be serviced by essential public facilities and services. C. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement program because the developer is required to install sewer, water, local street infrastructure, utilities and irrigation, for the development at their cost. D. The public fmancial capability of supporting services for the proposed development; The developer will be financing the extension of sewer, water, local/internal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost, if the applicant complies with the conditions of approval for the conditional use permit and preliminary plat applications. The Commission and Council consider the Meridian Police, Parks and Fire Departments' comments with regard to their capability to serve the proposed development. E. The other health, safety or environmental problems that may be brought to the Commission's attention. The applicant is proposing to leave the Ten Mile Creek adjacent to the site. Staff finds that the Ten Mile Creek is a significant natural feature that should be protected through standard storm water and run-off management practices. Staff is not aware of any other natural or scenic feature(s) of major importance in the area that may be affected by the proposed development. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or envirorunental problems of which staff is unaware. EXHIBIT G Conditional Use Permit Findings Waltman Court CUP (File CUP-04-044) The City Council hereby approves the following analysis of required findings by staff: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; According to the Development Agreement in effect for this property, all uses must obtain CUP approval. Storage yards are not a listed use in MCC 11-13 (Off-Street Parking and Loading Facilities). For used not listed in MCC 11-13, parking spaces shall be provided on the same basis as required for the most similar listed use or as determined by the Commission (MCC 11-13-5.B.8). For reference, MCC 11-13-5.B requires warehouse and storage buildings to provide lon-site parking space for every 1,000 square feet of floor area plus one for each vehicle used in the conduct ofthe business; manufacturing, storage, and wholesale uses are required to provide 1 space for every 2 employees on the largest shift plus one for each vehicle used in the conduct of the business. The submitted site plan depicts 32 on-site parking stalls for the storage yard, shop and office. The applicant is providing a ratio of 1 stall for every 312 square feet of building (10,000 sq. ft. building/32 stalls = 1 stall per every 312.5 sq. ft. bldg.). Staff finds that this parking ratio should be sufficient for the proposed use. MCC 11-13 outlines the design requirements for all off-street parking facilities (drive aisles, stalls, striping, etc.). The applicant is proposing to construct parking for the shop and office building in accordance with MCC. Staff is supportive of the proposed parking plan. See Performance Standards and Site Specific Condition #3 below. Staff finds that the site is large enough to accommodate the proposed uses and all yards. open spaces. parking. landscaping and other features required bv ordinance. The Commission and Council should rely on the applicant's testimony at the public hearing. staff's analysis. and established parking standards outlined in MCC 11-13-5 to determine if the site is large enough to provide adequate parking for the proposed use. See Site Specific Condition #6 below. 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; The purpose of the C-G district is to provide for commercial uses, which are customaril y operated entirely or almost entirel y wi thin a building (M CC 11-7- 2.K). Staff finds that the proposed storage yard is principally pennitted in the C-G zone. Even though storage yards are principally pennitted in the C-G zone, the applicant must obtain CUP approval based on the DA in effect on this site. Therefore, if approved as a CUP, staff finds that the project will be in compliance with the requirements established by ordinance. Further, staff finds that the requested use will be consistent with the goals, objectives, and action items of the Comprehensive Plan if the conditions in this report are complied with. See Preliminary Plat Finding "An above for further infonnation. 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; Staff finds that the construction, operation, and maintenance of a storage yard will change the existing character of the general vicinity. However, if all of the conditions imposed are complied with, staff does not believe that the change will adversely affect the neighborhood. Staff finds that the proposed storage yard will not significantly change the intended character ofthe general vicinity, and that the design, operation, and maintenance should be compatible with other uses in the neighborhood. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing. as well as staff's analysis, when detennining if the proposed use wi11 adversely change the character 0 f the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; If the applicant complies with all conditions imposed, staff does not anticipate that the proposed use will have any adverse affect on nearby properties. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staff's analysis, when determining if the proposed use will 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, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see the findings in section "B" ofthe Preliminary Plat portion ofthis report. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The developer will be financing the extension of sewer, water, local/internal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fIre and police services. Staff finds that this development will not cause excessive additional requirements at public cost, if the applicant complies with the conditions of approval for the conditional use permit and preliminary plat applications. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed use will create additional traffic on the adjacent roads. Further, the parking and maneuvering of vehicles and goods on this site may generate additional noise for surrounding properties. However, staff does not believe that the additional noise should be excessive. If the conditions imposed with this report are complied with, staff finds 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. See Site Specific Condition #3 below. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Ifparking is designed in conformance with the City's requirements, and the applicant complies with all of ACHD's requirements, staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. 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. The applicant is proposing to leave the Ten Mile Creek adjacent to the site. Staff finds that the Ten Mile Creek is a significant natural feature that should be protected through standard stormwater and run-off management practices. Staff is not aware of any other natural, scenic or historical feature( s) of major importance in the area that may be affected by the proposed development. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or envirorunental problems of which staffis unaware. December 10,2004 MERIDIAN CITY COUNCIL MEETING CUP 04-044 December 14, 2004 APPLICANT Buffalo Hump, LLC ITEM NO. 5..1 REQUESf Findings for Approval - Request for a Conditional Use Permit for a contractors yard in a C~G zone for Waltman Court Subdivision -- 420 Waltman Court AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING OEPT: 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:~ t^~ Dote;Jdh'?~tf{ Phone:<6c.(~-<6q'5S- Emailed:eCtC.A<:60f1-t.\V.\\gMSA.Co.".. Staff Initials: JJ2- See attached Findings (),~.p Materials presented at pUblic meetings shall become property of the City of MeridIan. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW DECISION & ORDER In the Matter of Preliminary Plat Approval of Five (5) Buildable Lots on 7.16 Acres in a C- G Zone, AND Conditional Use Permit Approval for a Storage Yard on 1.6 Acres in a C-G Zone, by Buffalo Hump, LLC. Case Nos. PP-04-036, CUP-04-044 For the City Council Hearing Date of: November 30, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matters were duly considered by the City Council at the November 30, 2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code g67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-036 AND CUP-04-044 - PAGE I of5 verified that the property owner(s) of record at the time of issuance of these findings are John and Sandra Goade. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit F for the findings required for the Preliminary Plat application. b. See Exhibit G for the findings required for the Conditional Use Permit application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967- 6503). 2. 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. 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code g 11-17-9. 4. Due consideration has been given to the comment(s) received from the govenunental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, the revised Preliminary Plat dated November 15, 2004 as shown in Exhibit B, the revised Site Plan dated November 15,2004 as shown in Exhibit C, and the Conditions of Approval in Exhibits D and E. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code g 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-036 AND CUP-04-044 - PAGE 2 of5 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated November 15, 2004 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated November 15, 2004; 3. The following modifications to site specific conditions were made at the City Council hearing; a) Add a preliminary plat condition requiring the applicant to work with the property owner to the west on a gating arrangement that will minimize the public use of the footbridge while allowing the property owner access to the public pathway, b) Delete preliminary plat condition #6, c) Modify preliminary plat condition #3 by requiring the applicant to dedicate the full pathway easement width along the entire project boundary; and, 4. The site specific and standard conditions of approval are as shown in Exhibits D and E. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities (MCC 12-2-4.B & C). 2. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use pennit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-036 AND CUP-04-044 - PAGE 3 of 5 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.). E. Notice afFinal Action and Right to Regulatory Takings Analysis 1. 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. 2. 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 the issuance or denial of the conditional use penuit 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Preliminary Plat Exhibit C: Site Plan Exhibit D: Preliminary Plat Conditions of Approval (all agencies) Exhibit E: Conditional Use Penuit Conditions of Approval (all agencies) Exhibit F: Preliminary Plat Findings Exhibit G: Conditional Use Penuit Findings B / fA dayof COUNCIL MEMBER SHAUN WARDLE VOTED /fi;J-hfJv COUNCIL MEMBER CHRISTINE DONNELL VOTED ~ VOTED ~ COUNCIL MEMBER CHARLIE ROUNTREE CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-036 AND CUP-04-044 - PAGE 4 of 5 COUNCIL MEMBER KEITH BIRD VOTED~ - MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: and City Attorney. By:j~i.. 0 ~"'" City Clerk's Office Dated: \2 -2t2>-o4 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-036 AND CUP-04-044 - PAGE 5 of 5 EXHIBIT A Legal Description --' .V/ Boundary Description for Waltman Court Subdivision A parcel Jocate!i in the SW Y. of the NE y.. of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said SW % of the NE Xi (Center Y. Corner), from which a brass cap monument marking the southeasterly comer of the NE '4 of said Section 13 ('4 Corner) bears S 89052'22" E a distance of 2642.81 feet; Thence S 89052'22" E along the southerly boundary of said SW Y. of the NE y.. a distance of 1321.57 feet to a point marking the southeasterly corner of said SW Xi ofthe NE y.; Thence N 0013'29" E along the easterly boundary of said SW % of the NE y.. a distance of 25.00 feet to the POINT OF BEGINNING; Thence leaving said easterly boundary N 89052'22" W a distance of 117.24 feet to a point on the easterly bank ofTen Mile Drain; Thence N 30"08'45" W along said easterly bank a distance of 336.83 feet to a point; Thence continuing along said easterly bank N 62002'20" W a distance of 459.36 feet to a point; Thence leaving said easterly banI< N 38"00'13" E a distance of 73.93 feet to a point; Thence a distance of 296.91 feet along the arc of a 330.00 foot radius curve right, said curve having a central angle of 51033'05" and a long chord bearing N 63046'46" E a distance of 287.00 feet to a point; Thence N 89"33'18" E a distance of 37.15 feet to a point; Thence N 44051'04" E a distance of 25.25 feet to a point; Thence N 000S'51" E a distance of 56.83 feet to a point on the southerly boundary of Troutner Park Subdivision as shown in Book 75 of Plats at Pages 7762-7764 in the office of the Recorder, Ada County, Idaho; Thence N 79055'00" E along said southerly boundary a distance of 342.58 feet to a point on the easterly boundary of said SW Y. of the NE y.; Thence S 0013'29" Walong said easterly boundary a distance of 826.98 feet to the POINT OF BEGINNING; This parcel contains 7.16 acres and is subject to any easements existing or in use. Clinton W. Hansen. PLS Land Solutions, P.C. September 14, 2004 " j t. ,~ -+ . J I EXHIBIT B Preliminary Plat Waltman Court Subdivision (File PP-04-036) ;:::. ,,",,"7"'" '0'\,,"'"'"''''' .~ ~.. ---- J ._" !lir~..! ......- , ~~~2"J~~~-='" 1:'. "'" .....- I! I. .Jr~~__ ;::-t:..- - '., ~~ ._.........._.pr ; ~~ r:.:~~... ~-.,~ f-~~t-~~]t0~;~:;;"t l' ~ j =-"""-' 1" ~..""'" _<_c_~ -: .~~ -. ~'n _. ~"'::r'^ ~ ~ '......'. ~ /<-:;"'",,:,-:.""....:::.; "<~~~:.,.' ;Jtr/~ /~~_~..::r 1/' ~,~---- J : '-. '~...~~ ,Fi ........p'L..~... . ........ ',< ~~. :' ... ,i;;..."iF.- ..~"~_ I : ;';;'-~7=--11 ~~~~ ---=-",~ . _.. ~""....~. .........~"".."... .:J~"I;_~ "';"'lll"';"'''' ..!-, 11'~ ~~- ~, 'C[.' ~, .>' ; I ~~ -=----' j -. l ..-~ ! :;..,...~ f ..-- I. l' h o. I,; -r""",,... ~ ~,,:....w , --- -,-.' .-- -.... ....,...,.,-~..... ---...-...-. ._ .T, --..~.......... ----....... -.-.-...- ..............__...~....' it ........._...,.,... .. -.....~..... :fi. .-..... !>SCII!"-'!! .--- ......'~- . "'_'_d1.___.._ ~-'''''''''''''~'''''''''- :~~~~::f~i: .~~~~~;.~: " ..-.-...----.......- :=."';"..:..'t-~"":':;'e..____ ,,-*""'.....~ Y<_t_...._.....,__ - ~...::~.=.~~ ~ fE!;~~~f;~~ .,.. -........-~~-_._..~~~--. ...,-,.-""'......-.....-,...... ~~~~*r'i.~;~ : ~~~;:;~\-r~~tr~ ~ a;;a~- n")........... !UiS;;;,.~' f~~ ~;.'.J.::" dlui, , ,,1J~~;j; ~ ~ ~ j ~ !i;1 Ji~~j " o :~ ~~ 00::2 ~o~ o:g " ~ g:!: ~ ~ -, Ii;,;;!! d \./ !n I lJ i: I; zS ; i ~ i lil~!J ~r. i; I! ill " ji; 1 " 'j . 1; . III j i r , j .. " ! ~ i EXHffiIT C Site Plan Waltman Court CUP (File CUP-04-044) ! \ 1t \ i "~ ~!~ \~' !l! ~~ l,"~_~., ~'ll~li! -~ :~\ ~3 ~ I I ~! ~. Hj! " ,: j ,eel, ., v ~~ !~" Ii, g~ ,- G ~~ ~~i I I ~ ~ ~~ " : I ~ ' F: 'Ij:i r€~~~ ~ I:.. ,... ~ .' , _ ~'"~ ~ ~ 1m Ii"," ~ tL,-E>Ll~~~~----'~~Ii~ S d:" 'f: ."~'U !llil;)~ ....~~ :i',i,~~~ U(..l. f~~~ ~ : =---~_O<___~ ~~ ~b~ .:., ...~ , ' II ,~ ..~" -'& , ;h , i' g~ ~ ~ i: . ~ "'c> .~ r,~~-::tJ ~'39'i ~ '\101 ~ j~ ~ ~ ~ ~ ij ~ ~~ t :" :S ., ! ~ff:! I rti~ 1'= I ~I ~ I~ ~ -l r- 1;:;, Ir-- ~g~ I~' '/- I I I · ~~~ ~. n... ;;. I Ii I '. "7 ,. ,,1 " II' . -l ! I : L -i? I ~i. ,. (' ~\. " ~~ :111.1..1 I I , .1.;: .J..VI,\\~t'" ,LO"i:n l' ~U""'L-:: 1 I CCR..,'",.. "<eo" !~" '~i j~ ~ .. , TRACK UTILITIES, INC Meridian, Idaho ~ "" "J' ~I ~~ ~ " "~~ ;;; S F'~ ,:.--' i . \ ~ ., ! · ~i i l \ ~~ I., ,t j \ ri~ r: ili ~~~\ ~q, ~~- ~ b~ V~'I'\ d i :-~~"ji';~~'lr,\' t-" -.'1 I :;...gl,rt.r...m u (u " \ C' ~':II'm,."'C 10'~'~;; -:.' J Sl1,,~P.l.-..;... ~ _ ,y.. P,Q(lQ.;(67&;. ~I~ I D;,o-sl!.l'Jdo-.:l~m ~ , ~ ~ ~ ~ O'\~ 1,p (> 'c> ; ~t 1'1 \l\' ~ 'I J .\' 3..1il1.q.~;li'U ,'Ct'.:~n EXHIBIT D Preliminary Plat Conditions of Approval Waltman Court Subdivision (File PP-04-036) The City Council of the City of Meridian hereby approves the Preliminary Plat as requested by the Applicant for the property described in the application, subject to the following: [City Council approved additions shown as underline. Deletions shown as st,"ikcout.} Preliminarv Plat Site Specific Conditions of Approval (as modified by the City Council) 1. All conditions of the accompanying Conditional Use Permit (CUP-04-044) application shall also be considered conditions of the Preliminary Plat (PP~04- 036). 2. The multi-use pathway along the Ten Mile Creek is approved as a IO-foot wide asphalt pathway. The applicant shall work with the City Parks Department to acquire the necessary approvals through the City's Master Pathway Agreement with the Nampa Meridian Irrigation District (NMID). The applicant shall conform to the Parks Department's standards for construction of the pathway. The Business Owners' Association shall be responsible for maintenance of all landscaping adjacent to the pathway. 3. Add a note to the plat granting an easement in favor of the City of Meridian on the lots that contain the Ten Mile Creek multi-use pathway, including Lot 5. Block 2. Submit an encroachment agreement for any area of the pathway constructed outside of the boundaries of the plat. 4. Prior to signature of the final plat by the City Engineer, the barn on Lots 2 and 3, Block 2, and all other structures spanning across lot lines shall be removed. 5. Applicant shall be required to connect the existing building on Lot 5, Block 2 to the municipal sewer system when it becomes available. Until such time as municipal sewer is available, the existing septic system may be utilized. Wells may be used for non-domestic purposes such as landscape irrigation 6. The submitted landscape plan, prepared by Eriekson Ci':il, Inc., and dated 9 5 01 is not approved as submitted. The following should be included in a rcviscd landscape plan: · Provide a 10 foot 'Nidc landscape buffer along Corporate Drive and S-\V ~tk ,^...venue, as proposed. Conifer trees are not allowed within the required buffer area. Landscaping shall be in accordance ?/ith MCC 12 13 10. · Any tree over 1" in caliper that is removod from thc property shall be replaced by installing additional trees, being the cqui'lalent number of caliper inches of trees that '.'.'ere remoyed. Required landscaping trees will not be considered as replacement trees for those trees that arc remoyed. · Provide a minimum 5 foot ,-,.ide landscape strip, with one tree for e\'Cry 35 linear feet, along the north side of the Ten Mile Creek multi use pathway. Submit 10 copies of a revised landscape plan, depicting the aboyc mentioned changes, ti} the City Clerk at least 10 days prior to the next public hearing. 7. Fencing constructed adjacent to the multi-use pathway should be a minimum of5- feet from the edge of pavement. The applicant shall work with staff on a detailed fencing plan to be submitted upon application for final plat. Unless otherwise approved by the City, all fencing shall be constructed in accordance with MCC 12-4-10. 8. The applicant shall not be required to tile or cover the Ten Mile Creek. In accordance with Meridian City Code, all other irrigation ditches, laterals or canals that cross, intersect or lie adjacent to the subject site shall be covered or tiled. Any ditch, canal or lateral to be piped shall be shown on plans, which shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 9. 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. If the pressurized irrigation system within this development is to remain a private association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 10. Dedicate a full right-of-way width for Corporate Drive throughout the site and to the southwestern property line (stub) so that a bridge crossing can be made in the future. 11. Sanitary sewer and water service to this site shall be via main line extensions from existing mains installed adjacent to the property. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The Applicant shall coordinate main sizing and routing with the Public Works Department. Cover over the sanitary sewer shall be no less that three-feet from finish grade to the top of pipe. 12. Other than the access points that have specifically been approved with this application by ACHD, direct lot access to Corporate Drive is prohibited. 13. 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. 14. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 15. Streetlights will be required at locations designated by the Public Works Department. AU streetlights shall be installed at the expense of the Applicant. Typical locations are at street intersections and/or fire hydrants. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. 17. All sidewalks shall be constructed in accordance with MCC 12-5-2.K.. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided 18. All lot, parcel and tract sizes shall meet the minimum dimensional standards as established in the zoning ordinance. 19. A note shall be placed on the final plat stating that unless otherwise approved, all building setbacks shall meet the requirements of the zoning ordinance in effect at the time of building permit submittal. 20. Unless othetwise approved through the CUP, minimum building setback lines shall be in accordance with the zoning ordinance in effect at the time of issuance of building permit(s). 21. 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. 22. A letter of credit or cash surety in the amount of 110% will be required for all landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of the final plat. 23. 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. 24. Plat approval shall be subject to the expiration provisions set forth in MCC. 25. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. 26. The applicant shall work with the property owner to the west on a gating arrangement that will minimize the public use of the footbridge across the Ten Mile Drain while allowing the property owner to the west access to the public pathway. OTHER AGENCYIDEP ARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT CONDITIONS 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' 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'. 2. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. 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 of30Q' apart. 9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. The 5 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 11. Provide a Knoxbox entry system for the complex. 12. All processes & storage practices shall be required to comply with the International Fire Code. 13. Provide a 20' wide Fire Lane for all internal & external roadways. 14. Any chemical storage on the site will require compliance with IFC and MCC 11- 12-3.A. This includes agricultural fertilizers and chemicals. 15. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC 11-12-3.C, and the National Safety Foundation publications. SANITARY SERVICE COMPANY 1. Design the enclosure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stopstbumpers, and dimensions. Coordinate the location and design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. MERIDIAN PARKS DEPARTMENT 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. ACHD CONDITIONS OF APPROVAL A. Site Specific Conditions of Approval 1. Extend SW 5th A venue into the site from the north property line and construct it as a 40-foot street section, within 54-feet of right-of-way, with vertical curb, gutter, and 5-foot concrete sidewalks, as proposed. 2. Widen the pavement on Waltman Lane to one-half of a 40-foot street section and construct vertical curb, gutter, and a 5-foot concrete sidewalk abutting the site. 3. Construct Corporate Drive within the site to collector standards for base and pavement depth. The width of the road shall be 40-feet (back-of-curb to back-of- curb). Construct vertical curb, gutter, and 7-foot wide concrete sidewalks, as proposed. Install a sign at the eastern AND western terminus of Corporate Drive stating that, ItTHIS ROAD WILL BE EXTENDED IN THE FUTURE.lt 4. Provide a temporary easement for fire truck and public turnaround at the eastern end of Corporate Drive, as proposed. Provide the District with a wfitten approval for the turnaround easement from the local fire district. 5. Construct a temporary public turnaround at the western terminus of Corporate Drive, as proposed. Coordinate the design of the turnaround with District Development Review Staff and the local Fire District. 6. Provide the District with a road trust deposit in the amount of$12,700 for the full street improvements (pavement, vertical curb, gutter, and 7-foot concrete sidewalks, 10% for drainage, and 10% for contingencies) for Corporate Drive (approximately 120-feet) where those improvements at the western terminus of COI1JOrate Drive are proposed to NOT be constructed at this time. 7. Construct a 30 to 3S-foot wide curb return driveway for Lot 1, Block 1, on the north side of Corporate Drive. This driveway shall be located a minimum of 10S- feet (measured near edge to near edge) east ofSW Sth Avenue and shall be in alignment with the proposed driveway on the south side of Corporate Drive. 8. Construct a curb return driveway, no wider than 3S-feet, for Lots 2 and 3, Block 2 on the south side of Corporate Drive. This driveway shall be located a minimum of lOS-feet (measured near edge to near edge) east ofSW 5th Avenue, and it shall be in alignment with the proposed driveway on the north side of Corporate Drive. (This driveway was proposed to be a shared driveway.) 9. Construct a 30 to 3S-foot wide curb return driveway for Lot 1, Block 2 approximately 170-feet west ofSW 5th Avenue. 10. Comply with all Standard Conditions of Approva1. B. 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 DistIict 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 pennit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. IRRIGATION DISTRICT CONDITIONS 1. The Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 2. All laterals and waste ways must be protected. 3. The District's Ten-Mile Drain courses along the westem boundary ofthis proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The developer must comply with Idaho Code 31-3805. 6. It is recommended that inigation water be made available to all developments within the N amp a & Meridian Irrigation District. CENTRAL DISTRICT HEAL TH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. EXHIBIT E Conditional Use Permit Conditions of Approval Waltman Court CUP (File CUP-04-044) Conditional Use Permit Site Specific Conditions of Approval (as approved bv the City Council) 1. All conditions of the accompanying Preliminary Plat (PP-04-036) application shall also be considered conditions of the Conditional Use Permit (CUP-04-044) application. 2. Provide all required building setbacks, open spaces, landscaping, parking and other features required by Meridian City Ordinance and as outlined in this report. At least 10 days prior to the City Council hearing, submit 10 copies of a revised site plan and landscape plan reflecting the features required with this report. 3. In accordance with MCC 11-13-3.E, construct a screening fence around all area(s) utilized for storage of equipment. 4. Construct a 5-foot wide landscape strip along all interior lot lines that are adjacent to paved vehicular use areas. Landscape materials within the landscape strips shall confonn to MCC 12-13-11-2. 5. In accordance with MCC 11-13-6.C, the applicant shall improve the material storage area on the south side of the proposed building with a dustless material. Staff recommends that recycled asphalt be used, as it does not create drainage problems but does an excellent job of keeping dust down. 6. Off-street parking is approved as shown on the submitted site plan. In accordance with MCC 11-13-5, all standard parking stalls must be constructed 9 feet by 19 feet minimum and drive aisles must be at least 25-feet wide. All vehicular use areas shall be improved in accordance with Meridian City Code and this report. Project architect shall certify that the number and size of handicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA. 7. The applicant shall coordinate the location and design of trash dumpster(s) with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. Prior to issuance of a Certificate of Zoning Compliance (CZC), the applicant shall submit an approved (stamped) site plan from sse. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal. 8. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 9. No signs are approved with this CUP. All signs will require a separate sign permit in compliance with the sign ordinance. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 10. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 11. In accordance with MCC 12-13-8 and MCC 9-1-2, an underground, pressurized irrigation system shall be installed to all landscape areas. 12. 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. 13. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 14. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 15. This conditional use pennit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. 16. The applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use penuit shall be cause for revocation of the conditional use permit. 17. Applicant shall file an application with the City of Meridian to amend the existing development agreement prior to approval of this CUP by City Council. ACHD CONDITIONS OF APPROVAL A. Site Specific Conditions of Approval 1. Extend SW 5th Avenue into the site from the north property line and construct it as a 40-foot street section, within 54-feet of right-of-way, with vertical curb, gutter, and 5- foot concrete sidewalks, as proposed. 2. Widen the pavement on Waltman Lane to one-half of a 40-foot street section and construct vertical curb, gutter, and a 5-foot concrete sidewalk abutting the site. 3. Construct Corporate Drive within the site to collector standards for base and pavement depth. The width of the road shall be 40-feet (back-of-curb to back-of- curb). Construct vertical curb, gutter, and 7-foot wide concrete sidewalks, as proposed. Install a sign at the eastern AND western terminus of Corporate Drive stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE. II 4. Provide a temporary easement for fire truck and public turnaround at the eastern end of Corporate Drive, as proposed. Provide the District with a written approval for the turnaround easement from the local fire district. 5. Construct a temporary public turnaround at the western terminus of Corporate Drive, as proposed. Coordinate the design of the turnaround with District Development Review Staff and the local Fire District. 6. Provide the District with a road trust deposit in the amount of$12,700 for the full street improvements (Pavement, vertical curb, gutter, and 7-foot concrete sidewalks, 10% for drainage, and 10% for contingencies) for Corporate Drive (approximately 120-feet) where those improvements at the western terminus of Corporate Drive are proposed to NOT be constructed at tm.s time. 7. Construct a 30 to 35-foot wide curb return driveway for Lot 1, Block 1, on the north side of Corporate Drive. This driveway shall be located a minimum of 105- feet (measured near edge to near edge) east ofSW 5th Avenue and shall be in alignment with the proposed driveway on the south side of Corporate Drive. 8. Construct a curb return driveway, no wider than 35-feet, for Lots 2 and 3, Block 2 on the south side of Corporate Drive. This driveway shall be located a minimum of I05-feet (measured near edge to near edge) east ofSW 5th Avenue, and it shall be in alignment with the proposed driveway on the north side of Corporate Drive. (This driveway was proposed to be a shared driveway.) 9. Construct a 30 to 35-foot wide curb return driveway for Lot 1, Block 2 approximately 170- feet west of SW 5th Avenue. 10. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. IRRIGATION DISTRICT CONDITIONS 1. The Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 2. All laterals and waste ways must be protected. 3. The District's Ten-Mile Drain courses along the western boundary ofthis proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The developer must comply with Idaho Code 31-3805. 6. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. CENTRAL DISTRICT HEAL TH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. EXHmIT F Preliminary Plat Findings Waltman Court Subdivision (File PP-04-044) The City Council hereby approves the following analysis of required findings by staff: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as govenunent offices. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): · "Permit new. . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. The applicant shall extend sanitary sewer and water mains to and through the subject site. · "Encourage infill development in vacant/underdeveloped areas within the City over fringe area development to halt the outward progression of urban development." (Chapter V, Goal I, Objective A) This parcel is underdeveloped and is considered infill development. CII "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas." (Chapter V, Goal I, Objective A, Action item 11) See following bullet. · "Develop and maintain greenbelts along waterways." (Chapter V, Goal 1, Objective A, Action item 4) The applicant is proposing to leave the Ten Mile Creek open abutting this site. In accordance with the Comprehensive Plan, the applicant is proposing to construct a Multi-Use Pathway along the Ten Mile Creek, thereby enhancing the natural features and the development. (See detailed analysis in Special Consideration "A" below.) · "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant is proposing to install landscaping along Corporate Drive and SW 5th Avenue, as well as adjacent to the proposed parking area. Staff is recommending additional landscaping as part of the concurrent CUP application. · "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The applicant is proposing to construct 7-foot wide sidewalkfor the entire frontage of Corporate Drive, and a 5-foot wide sidewalk adjacent to SW 5th Avenue. The ACHD is requiring the applicant to construct a 40-foot street section on both Corporate Drive and SW 5th Avenue. Staffis supportive of the proposed sidewalks and street sections, as they will accommodate pedestrians and bicycles both. Staffjinds that the proposed subdivision is in compliance with the Comprehensive Plan. B. The availability of public services to accommodate the proposed development; Improvements to Waltman Lane and Corporate Drive in this area have not taken place in the recent past, and none are anticipated within the next 20 years (neither roadway is in ACHD's current Five-Year Work Program or CIP). ACHD is requiring the applicant to install roadway improvements (pavement widening, sidewalk, curb, gutter, etc.) on Waltman Lane abutting the site. Further, the ACHD is requiring the applicant to extend SW 5th Avenue into the site and utilize SW 5th Avenue as the main access to/from this site. ACHD is also requiring Corporate Drive to be constructed on-site. ACHD is recommending, with site- specific and standards conditions, approval of the subject development. The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. The applicant shall extend sanitary sewer and water mains to and through the subject site. On October 8, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The detailed conditions from the Fire Department and other agencies/departments are at the end of this report). The applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSC). Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency not listed above, regarding their ability to adequately service this project. Staff finds that the property proposed for development can be serviced by essential public facilities and services. C. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement program because the developer is required to install sewer, water, local street infrastructure, utilities and irrigation, for the development at their cost. D. The public fmanciaJ capability of supporting services for the proposed development; The developer will be financing the extension of sewer, water, local/internal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost, if the applicant complies with the conditions of approval for the conditional use permit and preliminary plat applications. The Commission and Council consider the Meridian Police, Parks and Fire Departments' conunents with regard to their capability to serve the proposed development. E. The other health, safety or environmental problems that may be brought to the Commission's attention. The applicant is proposing to leave the Ten Mile Creek adjacent to the site. Staff finds that the Ten Mile Creek is a significant natural feature that should be protected through standard stormwater and run-off management practices. Staff is not aware of any other natural or scenic feature(s) of major importance in the area that may be affected by the proposed development. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or environmental problems of which staff is unaware. EXHIBIT G Conditional Use Permit Findings Waltman Court CUP (File CUP-04-044) The City Council hereby approves the following analysis of required findings by staff: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; According to the Development Agreement in effect for this property, all uses must obtain CUP approval. Storage yards are not a listed use in MCC 11-13 (Off-Street Parking and Loading Facilities). For used not listed in MCC 11-13, parking spaces shall be provided on the same basis as required for the most similar listed use or as determined by the Commission (MCC 11-13-5.B.8). For reference, MCC 11-13-5.B requires warehouse and storage buildings to provide lon-site parking space for every 1,000 square feet of floor area plus one for each vehicle used in the conduct ofthe business; manufacturing, storage, and wholesale uses are required to provide 1 space for every 2 employees on the largest shift plus one for each vehicle used in the conduct ofthe business. The submitted site plan depicts 32 on-site parking stalls for the storage yard, shop and office. The applicant is providing a ratio of 1 stall for every 312 square feet of building (10,000 sq. ft. building/32 stalls = 1 stall per every 312.5 sq. ft. bldg.). Staff finds that this parking ratio should be sufficient for the proposed use. MCC 11-13 outlines the design requirements for all off-street parking facilities (drive aisles, stalls, striping, etc.). The applicant is proposing to construct parking for the shop and office building in accordance with MCC. Staffis supportive of the proposed parking plan. See Perfonnance Standards and Site Specific Condition #3 below. Staff finds that the site is large enough to accommodate the proposed uses and all yards, open spaces. parking, landscaping and other features required bv ordinance. The Commission and Council should rely on the applicant's testimony at the public hearing, staffs analysis. and established parking standards outlined in MCC 11-13-5 to determine if the site is large enough to provide adequate parking for the proposed use. See Site Specific Condition #6 below. 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; The purpose of the C-G district is to provide for commercial uses, which are customarily operated entirely or almost entirely within a building (MCC 11-7- 2.K). Staff finds that the proposed storage yard is principally permitted in the C-G zone. Even though storage yards are principally permitted in the C-G zone, the applicant must obtain CUP approval based on the DA in effect on this site. Therefore, if approved as a CUP, staff finds that the project will be in compliance with the requirements established by ordinance. Further, staff finds that the requested use will be consistent with the goals, objectives, and action items of the Comprehensive Plan if the conditions in this report are complied with. See Preliminary Plat Finding "A" above for further information. 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; Staff finds that the construction, operation, and maintenance of a storage yard will change the existing character of the general vicinity. However, if all of the conditions imposed are complied with, staff does not believe that the change will adversely affect the neighborhood. Staff finds that the proposed storage yard will not significantly change the intended character of the general vicinity, and that the design, operation, and maintenance should be compatible with other uses in the neighborhood. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing. as well as staff's analysis, when determining if the proposed use will adversely change the character of the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; If the applicant complies with all conditions imposed, staff does not anticipate that the proposed use will have any adverse affect on nearby properties. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staff's analysis, when determining if the proposed use will 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, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see the findings in section "B" of the Preliminary Plat portion of this report. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The developer will be financing the extension of sewer, water, local/internal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost, if the applicant complies with the conditions of approval for the conditional use permit and preliminary plat applications. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed use will create additional traffic on the adjacent roads. Further, the parking and maneuvering of vehicles and goods on this site may generate additional noise for surrounding properties. However, staff does not believe that the additional noise should be excessive. If the conditions imposed with this report are complied with, staff finds 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. See Site Specific Condition #3 below. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; If parking is designed in conformance with the City's requirements, and the applicant complies with all of ACHD's requirements, staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. 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. The applicant is proposing to leave the Ten Mile Creek adjacent to the site. Staff finds that the Ten Mile Creek is a significant natural feature that should be protected through standard stormwater and run-off management practices. Staff is not aware of any other natural, scenic or historical feature(s) of major importance in the area that may be affected by the proposed development. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or environmental problems of which staffis unaware. December 10, 2004 MERIDIAN CITY COUNCIL MEETING RZ 04-013 December 14, 2004 APPLICANT Westside Body Works ITEM NO. 5-J REQUEST Findings for Approval - Request for a Rezone of 1.674 acres from C-C to C-G zones for Westside Body Works -- 210 East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT; CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: contacted~~~ Date:l'd-tr31e:.'L Phone: ~3- 0 )O~ Emalled: _ '" \ . ~ Staff Initials: \.12.---. Mot.rlal. '" ...I.d at pubn. _..... shon bocomo p<<>perly 0I1h. City 01 M....... See attached FIndIngs ~vU CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF L DECISION & ORDER In the Matter of Rezoning 1.67 Acres from C-C to C-G, AND Conditional Use Permit Approval for a New Auto Body Shop, by Wests ide Body Works. Case Nos. RZ-04-013, CUP-04-042 For the City Council Hearing Date of: November 30, 2004 A, Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matters were duly considered by the City Council at the November 30, 2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-031, AND CUP-04-033 - PAGE 1 of 5 verified that the property owner(s) of record at the time of issuance ofthese findings are Bodine Family Trust. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the findings required for the Annexation and Zoning application. b. See Exhibit F for the findings required for the Conditional Use Permit application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. g67- 6503). 2. 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. 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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 Depatiment and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated October 20, 2004 as shown in Exhibit B, and the Conditions of Approval in Exhibits C and D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP.04-03 [, AND CUP-04-033 - PAGE 2 of 5 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated October 20, 2004 is hereby conditionally approved; 2. The following change to the Conditional Use Permit Conditions of Approval were made at the City Council hearing; a) The maximum height of materials stored on site shall be no greater than the height of the fencing, b) Construct a solid fence around the storage area. Work with Planning staff to ensure that the (screening) goals discussed at the public hearing are realized; and, 3. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to 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 nun and void (MCC 11-17-4.B.). E. Notice afFinal Action and Right to Regulatory Takings Analysis 1. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-03 I, AND CUP-04-033 - PAGE 3 of 5 2. 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 of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description (2 pages) Exhibit B: Approved Site Plan (with conditions) Exhibit C: Rezone Conditions of Approval Exhibit D: Conditional Use Permit Conditions of Approval (all agencies) Exhibit E: Rezone Findings Exhibit F: Conditional Use Permit Findings B~ of tIJe ,City COWlcil at its regular meeting held on tlle In~ , 2004. / fib day of COUNCIL MEMBER SHAUN WARDLE VOTED /J1:;ria:;J COUNCIL MEMBER KEITH BIRD VOTED~ VOTED~ VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE MAYOR TAMMY de WEERD (TIE BREAKER) VOTED --- Attest: Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: {ja A O~ 1\ Q ~ rv..J City Clerk's Office Dated:_l2.. 30-04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-03 !, AND CUP-04-033 - PAGE 5 of 5 EXHIBIT A Legal Description (2 pages) Sep 14 04 02.54p - Joe Hicks '381 884-5399 p.2 Ii IDAHO SURVEY GROUP 1450 E:istWatertOW&r St. Suite ISO Mllridion, Idaho 83642 Phone (200) lW>-aS70 Fa>; (200) SlH-S3'.l9 Project No. 04-204 Westside Body Works Rezone CC to CG September 14, 2004 A parcel of land located in the Southwest If.. of Section 6, T.3N., R.l E., BM., Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of said Section 6, from whicb the South y,. comer of said section bears North 88001' 10" East, 2404.62 feet Thence North 88001'10" East, 921.62 feet to be the REAL POINT OF BEGINNING. Thence North 00"13'50" West, 412.23 feet; Thence North &&001'10" East, 209.03 feet; Thence South 00"21'46" East, 412.21 feet; to a point on the South line of said Section 6; Thence South 88001"10" West., 209.98 feet to the POINT OF BEGINNING. Containing 1.98 acres, more or less. Prepared By: Idaho Survey Group, P.C. MERIOIAM l'UBUC WORKS DE?T. B~~j~~'0-...A SEP 2 7 2004 S,\WlP\leAAYIP.;,.,;"",e..!ine.~l!ide&dvW<1<k<n,."",.."doc d S -y.... 0 f e " $ ,-t> II a ",--...o"n u r v e y 0 r ;$ S~p 27 04 12:05p 5.1 5.6 k 921.62.' 5.12 S.7 ':l I z :!:18 ..,...z ;"'I"l. f..1g . :E ,,0 $t N 68"O1'10~ L _ -- - 209.03' WESTSIDE BODY WORKS 1.96 ....cres ZONING: CG I I J REAL POINT at BEGINNING _ _ 209.96' __ BASIS OF BEARING N 88'01'10" E 2404.62' I IDAHO 101.S/JE.WAn::FtTowmtST. r, SURVEY =~-"""2 J GROUP, P .C. (2001--.<10 081 884-S3SS I VI :!l:18 "'..0 ~J~ -"l, t'l I I I I I I "",02' ~ REZONE EXHIBIT DRAWING FOR WESTSIDE BODY WORKS LOCA'l:ED R4 l\iE: SW 11"" Cf' ~OH e., T.:3N., Jt 1E-. !UI.. ~" COUNTT; 100HO p.2 S.6 1/4 S.7 JOO !<D. _:1<)4 Sl-lm'"'o. 1 OF 1 D'ilC.- DAlE. au,.'" ... s '" n o-j ... s , , . , J[,:r t"lcn ~ F.l! ~ ... t r:1~ l:' ~ ~ I' ! g p, ~j lJ '" " l:l n ... III roo 'tl l:l .... l:l ~ l'Q " ... E:e III _" l:l ~" .. .. ..... Ii 0\ 0 i g d ..>~ !~ Q ~~ t1ll3 f '#~ i~~ i~g ..::!~ :::::!~ "0 I~ ~2:~ l;lj EXHIBIT B Approved Site Plan Westside Body Works (File CUP-04-042) ""... .'., II ~ ~ t!i 11 0 ~ 0 ~ o ~i 0!!.1 " .. ~ I - - D " II II i ~ Ii ~ jl U . . ! e ! I i 1 e ~ i ~ ~ f! I) ! ~ P. b ft B fds ~ ~ ~ I~ I 1-- !j . 5 g i i '~ , N i ~ fi i i ! ~ I i ~ &~ ~ ~! .. ~I ~ ~ ~ ~i : il n - ~ ! : Ij i .. t : - . u n !~ ; = ;1 ~nL ~ I i" ~f · n g II ~ f ! ! i E In! !! ~ i U!!'P ~ Itl~l; ~ Ifi Ii iiPjl II , HUla III .......ljlll'll':l ~ ~ ~ ~ 0 ~~WESTSIDE BODY WORKS, INC Q ! ':lCt :IEAS't ........,.w AYIIHV1I 0 M..lOrAN,. oFO....MO 0 ,,:,I-t~ DALE BINNING AlRCJHl:Jf'JI'lBC11' 1lU.u:t.U:lQf P".O- -.ox 41...... .Otn~ bA.IIQ 1'1' Q10~ EXHIBIT C Rezone Conditions of Approval Westside Body Works (File RZ-04-013) The City Council of the City of Meridian hereby approves the Rezone as requested by the Applicant for the property described in the application, subject to the following: 1. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. Note that the corrected acreage for the rezone is approximately 1.98 acres per the stamped legal description. 2. The subject property is within the Urban Services Planning Area. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. A Development Agreement will not be necessary with this rezone. All conditions of approval will be made as part ofthe conditional use permit. EXHIBIT D Conditional Use Permit Conditions of Approval Westside Body Works (File CUP-04-042) The City Council of the City of Meridian hereby approves the Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: P&Z and Public Works Conditions 1. The building and site improvements shall be constructed per the approved plans with all modifications required by this report. 2. The minimum landscape street buffer dimension for this project shall be 23 feet along Fairview Avenue. 3. The use of rock mulch is contingent on Council approval of the proposed landscape ordinance modification currently in process. If the ordinance is not passed by Council, the rock mulch will have to be changed to organic mulch, such as bark The project will be regulated by the ordinance in effect at the time of application for a Certificate of Zoning Compliance (CZC). 4. A Certificate of Zoning Compliance will be required prior to review of building permits. 5. This conditional use permit shall be subject to the expiration provisions set forth inMCC 11-17-4.B. 6. Sanitary sewer and domestic water service to this site shall be via service line extension from the existing mains adjacent to the property. Assessment fees shall be determined during the building permitting process. 7. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11-13-4.F. All drive aisles adjacent to parking shall be at least 25 feet wide. The northernmost row of parking adjacent to the landscape buffer may be reduced to 17 feet deep. 8. 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. 9. All signage shall be in accordance with the standards set forth in this report and ,.,,- ( Section 11-14 ofthe City Zoning and Development Ordinance. If no freestanding sign is used, 18% of the wall area, or 380 s.f., may be used for wall signage; if a freestanding sign is used, the wall sign area is reduced to 9%, or 190 s.t. maximum. All signage shall require separate sign permit(s). 10. 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 II-l3AC. 11. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off~street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into 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. 13. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed project. 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. 14. The applicant shall provide an easement to the City for the public pathway prior to occupancy of the proposed structure. Fire Department Conditions 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' 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'. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 5. Maintain a separation of5' from the building to the dumpster enclosure. 6. Provide a Knoxbox entry system for the complex. 7. All processes & storage practices shall be required to comply with the International Fire Code. 8. Provide exterior egress lighting as required by the International Building & Fire Codes. Sanitary Services Comment: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Parks Department Comment: 1. The Parks Department has no concerns with the site design as submitted with the application. EXHIBIT E Rezone Findings Westside Body Works (File RZ-04-013) The City Council hereby approves the following analysis ofrequired findings by staff: According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive plan amendment; Staff finds that the requested C-G zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Commercial" _ The text of the Comprehensive Plan (page 99) states that "this designation will provide a full range of commercial and retail to serve area residents and visitors." The purpose of the C-G zone per Ordinance 11-7- 2.K. is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to.. . arterial streets; [and] to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public." B. Is the area included in the zoning amendment intended to be re-zoned in the future; Staff finds that the proposed re-zone and accompanying development plans comply with the requested zone and staff does not anticipate that the property will be rezoned again in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning; Staff finds that the applicant has submitted detailed development plans for a Conditional Use Permit for the property. Staff further finds that the proposed automobile repair facility will only be allowed with the approval of a Conditional Use Pennit in the proposed C-G zone. The proposed project meets the intent of the C-G zone, as defined in item A, above. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; The site has long been used as an automobile repair shop (transmission repair) which dictates that the C-G zone would be more appropriate to clean up the existing nonconforming use of the property, as discussed in the project summary. Staff also finds that the City's Comprehensive Plan provides the applicant with the ability to request the C-G zone for the subject property. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing surrounding land uses. The proposed project will add street buffers, parking, trash enclosure, and perimeter landscaping all of which do not currently exist on the site. Since the prior use is also related to automobile repair, it will not change the essential character of the area. F. Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the requested rezone should not be hazardous or disturbing to existing or future neighboring uses, except as noted in item I below. As noted earlier in this report, the project will clean up and improve a site currently devoid of landscaping or other site improvements. However, staff has received calls from concerned citizens and does anticipate that their concerns will need to the addressed at the public hearing. Therefore, the Commission and Council should consider all public testimony, oral and written, before making this finding. G. Will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such service; Staff finds that the proposed uses can be adequately served by all essential public services and facilities. Fairview is a principal arterial street designed to handle high traffic volumes. The applicant has met separately with the Fire Department and Sanitary Services to address their needs. Water and sewer already exist to the site. All drainage will be retained on site. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, staff finds that the proposed rezone would not be detrimental to the economic welfare of the community. I. Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed auto body shop does involve processes that have the potential of impacting surrounding properties with noise and fumes. The process of auto body work can be noisy, but is planned to be fully contained in the proposed structure. The process of painting involves potentially noxious paint fumes, but it is staffs understanding that the facility will include air filtration systems that prevent air pollution to all federal standards. The applicant should address the issues of noise and fumes and describe all measures taken to address these potential impacts. J. Will have vehicular approaches to the property which shall he so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed C-G zoning will not interfere with general traffic patterns on any public streets. Please refer to the revised ACHD staff report for a full report on traffic issues. One of the proposed curb cuts must be abandoned per ACHD comments. The remaining curb cut will be aligned with 2 'is. Street to minimize turning movement conflicts. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Staff finds that there are no existing trees on site. No other natural or scenic features will be lost or damaged by the project. The project does not encroach into the irrigation district's 50-foot wide easement along Five Mile Creek. L. Is the proposed zoning amendment in the best interest of the City; Staff finds that the proposed rezone would be in the best interest of the City because it cleans up an existing nonconforming use issue and complies with the Comprehensive Plan. EXHIBIT F Conditional Use Permit Findings Westside Body Works (File CUP-04~042) The City Council hereby approves the following analysis of required findings by staff; The Conunission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use pennit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The proposed building is 18,129 s.f. total. 2,200 s.[ is office and 15,929 s.f. is made up of 20 repair bays. Ordinance requires 1 parking space per 400 s.f. for office and 2 parking spaces per service bay for motor vehicle repair. Thus, the office space requires 6 spaces and the repair bays require 40 spaces, for a total of 46 required spaces. The proposed project has 55 parking spaces. Regarding landscaping, staff has agreed to support reducing the width of the street buffers from 25 feet to 23 feet through Alternative Compliance. 23 feet is the approximate maximum continuous buffer the City is likely to get along this portion of Fairview between the future right-of-way and the face of existing buildings. Perimeter and internal landscaping requirements are met. Staff finds that the subject property, as depicted, is large enough to accommodate the required parking, open spaces and landscaping required by the 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; The current Comprehensive Plan Land Use Map designates the property as Conunercial. Staff finds that if the modifications required in this report are done, the application will meet the requirements of the Conditional Use and other Zoning Ordinances. See items A and C under the Zoning Amendment Analysis. 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; Staff finds the design concept to be compatible with the intended character of the area. See item E under the Zoning Amendment Analysis. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed development will have an adverse impact on the surrounding property. However, the Commission and Council should consider any testimony given at the public hearings before making this finding. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; See comments under the Zoning Amendment Analysis item G. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; See comments under the Zoning Amendment Analysis item H. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; See comments under the Zoning Amendment Analysis item 1. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; See comments under the Zoning Amendment Analysis item J. 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. See comments under the Zoning Amendment Analysis item K. December 10, 2004 MERIDIAN CITY COUNCIL MEETING CUP 04-042 December 14,2004 APPLICANT Westside Body Works ITEM NO. 5-K REQUEST Findings for Approval -- Request for a Conditional Use Permit to allow the operation of a body shop in a proposed C-G zone for Westside Body Works -- 210 East Fairview Avenue 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: Contocled:1I~~~;;jt Date:~ Phone: 3'i?3-0dOi Emailed: blf\r\l__ _ ~ Staff Initials: -1R- Materials presented at public meetings shall become property of the City of MeridIan. See attached findings UJ~ yJJ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Rezoning 1.67 Acres from C-C to C-G, AND Conditional Use Permit Approval for a New Auto Body Shop, by Westside Body Works. Case Nos. RZ-04-013, CUP-04-042 For the City Council Hearing Date of: November 30, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code g67- 6509. The matters were duly considered by the City Council at the November 30, 2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code g67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-03 I, AND CUP-04-033 - PAGE 1 of 5 verified that the property owner(s) of record at the time of issuance ofthese findings are Bodine Family Trust. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the findings required for the Annexation and Zoning application. b. See Exhibit F for the findings required for the Conditional Use Permit application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use PlalUling Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967- 6503). 2. 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. 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, 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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 PlalUling and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated October 20, 2004 as shown in Exhibit B, and the Conditions of Approval in Exhibits C and D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S ] 2-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-031, AND CUP-04-033 - PAGE 2 of 5 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated October 20, 2004 is hereby conditionally approved; 2. The following change to the Conditional Use Permit Conditions of Approval were made at the City Council hearing; a) The maximum height of materials stored on site shall be no greater than the height of the fencing, b) Construct a solid fence around the storage area. Work with Planning staff to ensure that the (screening) goals discussed at the public hearing are realized; and, 3. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days plior 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.). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-03], AND CUP-04-033 - PAGE 3 of 5 2. 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 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. F. Exhibits Exhibit A: Legal Description (2 pages) Exhibit B: Approved Site Plan (with conditions) Exhibit C: Rezone Conditions of Approval Exhibit D: Conditional Use Permit Conditions of Approval (all agencies) Exhibit E: Rezone Findings Exhibit F: Conditional Use Permit Findings e City Council at its regular meeting held on the / 4--~ day of 2004. COUNCIL MEMBER SHAUN WARDLE VOTED ~/fbJ"W~ COUNCIL MEMBER KEITH BIRD VOTED ~fI.J VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE - MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: ~DLhU~ CIty Clerk's Office Dated: '2 -30-~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-031, AND CUP-04-033 - PAGE 5 of 5 EXHIBIT A Legal Description (2 pages) S~p 14 04 02,54p . Joe HICks ,)B) 884-5399 p.Z II IDAHO SURVEY GROUP J 450 East IMlWtOWlU" St. Suite ISO Mllridian, IdMo 83641 Phone (208) !H6-8S70 Fax (200) 8ll4-S399 Project No. 04-204 Westside Body Works Rezone CC to CG September 14,2004 A parcel of land located in the Southwest 1,4 of Section 6, T.3N., R.l E., B.M., Ada County, Idaho, more particularly described as follows: Conunendng at the Southwest comer of said Section 6, from which the South Yo comer of said section bears North 88"01' 1 0" East, 2404.62 feet. Thence North 88001'10" East, 921.62 feet to be the REAL POINT OF BEGINNING. Thence North 00013'50" West, 412.23 feet; Thence North 88001' 1 0" East, 209.03 feet; Thence South 00021'46" East, 412.21 feet; to a point on the South line of said Section 6; Thence South 88"01"10" West, 209.98 feet to the POINT OF BEGINNING. Containing 1.98 acres, more or less. Prepared By; Idaho Survey Group, P .C. MERIDIAN PUBLIC WORKS DEPT. Rr~A~<I.' BY / ' '. '--...Jl SEP 2 7 20U4 S:\WIl'\TEAA.YIl";"';O'IV~o't*~fflW8'\l1j=r'lr'n d S II rye y 0 r:; S~p 27 04 12:05p I-~ 'St I :;:; :!'.:f8 "'..: ~I~ - q ~ N 8813,',0" L _ - - 209.03' WESTSIDE BODY WORKS ,.98 Acres ZONING: CG I : ( REAL POINT OF BEGINNING 1/_ _ _ 209.98' __ S.l S.6 f... 921.62' 5.12 5.7 ~ IDAHO S, '....."'^,,""""'"01': SURVEY =~o.<oo"'". . GROUP, P.C. tlOIJ,.......o BASIS OF BEARING N 88'01'10" E 2404.62' 08l 884-5399 1 Ul tq8 "'N ~r;: -~ '" I I 1,273.02' t REZONE EXHIBIT DRAWING FOR WESTSIDE BODY WORKS l.OOJ!1D) " lltE sw v.. ~ .Cl10~ G,. T,.)M., Ft n.:., B..Lt... NJA OOLiNT'I'. l-Da.HO p.2 S.6 1/4 S.7 ,I,l6 NO. 0<-2<)< stIEET NO. 1 OF 1 owe. Q,l.TE C1I..:17J)4 EXHIBIT B Approved Site Plan Wests ide Body Works (File CUP-04-042) < n z "i 0< ... Ii: 1<1 > o ... 10 n .. .. ::/ .. g ~(I.l III ... t:l ;; !:4 t.Il ItI (') ... III III ~ I:l ... J:l Oil t ill g S i:l ItI ... III I:l ~ :~ KQ :a ~ ... II 0'1 o a 9 :>2: 1 :::tJ ~t:3 ~~~ ~>i> ~ot'" Ii: 2:-- f t: tll d 1> ;'11 .. ;!~ i~a _ >i~ I~ Q,' "~; ';h.'1r' II A S or ,. ^ i .. V 1 D W I ~ jO~OWO.I~ Ii ; Dell II i d ii II d h o! I ~ iIl:P= ti11j ',ilJtlt If ~ I" : II i~ i L f! h n I II i; . . i Ii r. I . i . i. i i, I fi i i fi i S!e I &~ :, : ~I Q ~ ~i ~ a rl Q Ill... i : ! i!& : . II il !~ ~ ~ ; niHil i~ dill = . I 11l1!P i: j' ~II . _IJI~i I ,H ~ PI i ~ ! i ~ il ~ ii i~ ! ! ~ r HU.n .. IIIi ~ ~ III.: fill 1IiI.. ~ l; ~ 0 ~fi1WESTSIDE BODY WORKS. INC c I :110 ......T rAJlt~w A,.~ 0 MliIllO-lAN" '&),IUiQ 0 n'-'42 DALE BINNING ARCHlr'1I'lEC'J[' :JOIr;:llU.UOf ".0.. 1M):l( ..... III 1.0111., 8AHO u lb7al-otN EXHIBIT C Rezone Conditions of Approval Westside Body Works (File RZ-04-013) The City Council of the City of Meridian hereby approves the Rezone as requested by the Applicant for the property described in the application, subject to the following: 1. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. Note that the corrected acreage for the rezone is approximately 1.98 acres per the stamped legal description. 2. The subject property is within the Urban Services Planning Area. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. A Development Agreement will not be necessary with this rezone. All conditions of approval will be made as part ofthe conditional use permit. EXHIBIT D Conditional Use Pennit Conditions of Approval Westside Body Works (File CUP-04-042) The City Council of the City of Meridian hereby approves the Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: P&Z and Public Works Conditions 1. The building and site improvements shall be constructed per the approved plans with all modifications required by this report. 2. The minimum landscape street buffer dimension for this project shall be 23 feet along Fairview Avenue. 3. The use of rock mulch is contingent on Council approval of the proposed landscape ordinance modification currently in process. If the ordinance is not passed by Council, the rock mulch will have to be changed to organic mulch, such as bark. The project will be regulated by the ordinance in effect at the time of application for a Certificate of Zoning Compliance (CZC). 4. A Certificate of Zoning Compliance will be required prior to review of building permits. 5. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. 6. Sanitary sewer and domestic water service to this site shall be via service line extension from the existing mains adjacent to the property. Assessment fees shall be determined during the building permitting process. 7. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11-13-4.F. All drive aisles adjacent to parking shall be at least 25 feet wide. The northernmost row of parking adjacent to the landscape buffer may be reduced to 17 feet deep. 8. 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. 9. All signage shaH be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. If no freestanding sign is used, 18% of the wall area, or 380 s.f., may be used for wall signage; if a freestanding sign is used, the wall sign area is reduced to 9%, or 190 s.f. maximum. All signage shall require separate sign permit(s). 10. 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. 11. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into 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. 13. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed project. 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. 14. The applicant shall provide an easement to the City for the public pathway prior to occupancy ofthe proposed structure. Fire Department Conditions 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41'2" 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 comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 5. Maintain a separation of 5' from the building to the dumpster enclosure. 6. Provide a Knoxbox entry system for the complex. 7. All processes & storage practices shall be required to comply with the International Fire Code. 8. Provide exterior egress lighting as required by the International Building & Fire Codes. Sanitary Services Comment: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Parks Department Comment: 1. The Parks Department has no concerns with the site design as submitted with the application. EXHIBIT E Rezone Findings Westside Body Works (File RZ-04-013) The City Council hereby approves the following analysis of required findings by staff: According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the parlicular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive plan amendment; Staff finds that the requested C-G zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Commercial". The text of the Comprehensive Plan (page 99) states that "this designation will provide a full range of commercial and retail to serve area residents and visitors." The purpose of the C-G zone per Ordinance 11-7- 2.K. is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to...arterial streets; [and] to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public." B. Is the area included in the zoning amendment intended to be re-zoned in the future; Staff finds that the proposed re-zone and accompanying development plans comply with the requested zone and staff does not anticipate that the property will be rezoned again in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning; Staff finds that the applicant has submitted detailed development plans for a Conditional Use Permit for the property. Staff further finds that the proposed automobile repair facility will only be allowed with the approval of a Conditional Use Permit in the proposed C-G zone. The proposed project meets the intent of the C-G zone, as defined in item A, above. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; The site has long been used as an automobile repair shop (transmission repair) which dictates that the C-G zone would be more appropriate to clean up the existing nonconforming use of the property, as discussed in the project summary. Staff also finds that the City's Comprehensive Plan provides the applicant with the ability to request the C-G zone for the subject property. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing surrounding land uses. The proposed project will add street buffers, parking, trash enclosure, and perimeter landscaping all of which do not currently exist on the site. Since the prior use is also related to automobile repair, it will not change the essential character of the area. F. Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the requested rezone should not be hazardous or disturbing to existing or future neighboring uses, except as noted in item I below. As noted earlier in this report, the project will clean up and improve a site currently devoid of landscaping or other site improvements. However, staff has received calls from concerned citizens and does anticipate that their concerns will need to the addressed at the public hearing. Therefore, the Commission and Council should consider all public testimony, oral and written, before making this finding. G. Will be served adequately by essential public facilities and services such as highways, street, police~ and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shaD be able to provide adequately any such service; Staff finds that the proposed uses can be adequately served by all essential public services and facilities. Fairview is a principal arterial street designed to handle high traffic volumes. The applicant has met separately with the Fire Department and Sanitary Services to address their needs. Water and sewer already exist to the site. All drainage will be retained on site. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, staff finds that the proposed rezone would not be detrimental to the economic welfare of the community. I. Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed auto body shop does involve processes that have the potential of impacting surrounding properties with noise and fumes. The process of auto body work can be noisy, but is planned to be fully contained in the proposed structure. The process of painting involves potentially noxious paint fumes, but it is staffs understanding that the facility will include air filtration systems that prevent air pollution to all federal standards. The applicant should address the issues of noise and fumes and describe all measures taken to address these potential impacts. J. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed C-G zoning will not interfere with general traffic patterns on any public streets. Please refer to the revised ACHD staff report for a full report on traffic issues. One of the proposed curb cuts must be abandoned per ACHD comments. The remaining curb cut will be aligned with 2 ~ Street to minimize turning movement conflicts. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Staff finds that there are no existing trees on site. No other natural or scenic features will be lost or damaged by the project. The project does not encroach into the irrigation district's 50-foot wide easement along Five Mile Creek. L. Is the proposed zoning amendment in the best interest of the City; Staff finds that the proposed rezone would be in the best interest of the City because it cleans up an existing nonconforming use issue and complies with the Comprehensive Plan. EXHIBIT F Conditional Use Permit Findings Westside Body Works (File CUP-04-042) The City Council hereby approves the following analysis of required findings by staff: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The proposed building is 18,129 s.f. total. 2,200 s.f. is office and 15,929 s.f. is made up of 20 repair bays. Ordinance requires 1 parking space per 400 s.f. for office and 2 parking spaces per service bay for motor vehicle repair. Thus, the office space requires 6 spaces and the repair bays require 40 spaces, for a total of 46 required spaces. The proposed project has 55 parking spaces. Regarding landscaping, staff has agreed to support reducing the width of the street buffers from 25 feet to 23 feet through Alternative Compliance. 23 feet is the approximate maximum continuous buffer the City is likely to get along this portion of Fairview between the future right-of-way and the face of existing buildings. Perimeter and internal landscaping requirements are met. Staff finds that the subject property, as depicted, is large enough to accommodate the required parking, open spaces and landscaping required by the 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; The current Comprehensive Plan Land Use Map designates the property as Commercial. Staff finds that if the modifications required in this report are done, the application will meet the requirements ofthe Conditional Use and other Zoning Ordinances. See items A and C under the Zoning Amendment Analysis. 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; Staff finds the design concept to be compatible with the intended character of the area. See item E under the Zoning Amendment Analysis. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed development will have an adverse impact on the surrounding property. However, the Commission and Council should consider any testimony given at the public hearings before making this finding. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; See comments under the Zoning Amendment Analysis item G. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; See comments under the Zoning Amendment Analysis item H. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; See comments under the Zoning Amendment Analysis item 1. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; See comments under the Zoning Amendment Analysis item J. 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. See comments under the Zoning Amendment Analysis item K. December 10, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT December 14, 2004 ITEM NO. 5-P REQUEST Award of Bid for Storey Park Phase If Construction to American Paving Company for $227,650.00 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 t )1 )it.~ ~fo Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pUblic meetings shall become property of the City of Meridian. Memo To: CC: From: Date: Re: ~:~),. i ;:'^~:1? ::&~JY;\(S-~>":~:~; ;~:;r;:c;~;~~?, ~ ~? ,;~~,; :?~.<?"." '.' "!>~., ~:<,:f Meridian~)gafKs:8t lRecreatiolf ,'> t,:'.' :'~::~ ~ ; ,;' '::': ~~i,:::i~~~~~;~;f~ll~~~j;i~~~~J~;~~~~;;\~~r:~::':~ :;c:,;;,,:,~ r',:j,:~/ ~ ,: ~ ': RECEIVED DEe - 6 2004 Will Berg Mayor and City Council Doug Strong !~~ December 2, 2W4 Storey Park Phase II Bids City of Meridian City Clerk Offict. The Parks and Recreation Department respectfully requests the following item to be placed on the December 14, 2004 City Council agenda, under Consent Agenda, for Council's consideration: Storey Park Phase II Construction Five bids were received for this project as summarized below. · King Excavation - Caldwell.................................... $260,000.00 - Alternate $23,800.00 · Warner Construction Inc......................................... $260,424.00 - Alternate $36,624.00 . Idaho Sand & Gravel............................................. $227l00.00 -Alternate $26,350.00 · C & A Paving Company......................................... $272,000.00 - Alternate $42,000.00 · American Paving Company.................................. $203,035.00 - Alternate $24,615.00 The project consists of but not limited to: earthwork, utilities, parking, landscape and irrigation. / Recommended Council Action: The Parks and Recreation Department recommends that the City Council approves the contract for Storey Park Phase II Construction with ~ American Paving Company, for $227,650.00 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. *' 0 0 ~ 0 0 .0 ~~ .0 0 'gg'l3 X X 0 0 0 C,)if.J~ ~ c:i cl) \i) 00 t- :::;;:; 0 ~ "~ ~~ f;Pf p...(:Q-;::!. 4. en of ~ ';2.'!:- C,)Sf~ ~if., dd ab!l 0 o~ 0 0 C,) 0 0 'V ';Z. en 0 0 ~~'2 X X \f"I .-~ .....0"<<""> ~ 0-00 ..0 ~ ~e,g ~ ~en<<l t1 :::.... ;S Q ~ . mOd o (:Q 0- ~O~ ;Sp...';Z. 0 0 0 $. 0 0 g ~ ~ '" X ta ~ .~ 0 X g ~ ..0 c5 .t::;OOOO '-D V> 00 0 ?A ~ 6...... .t:\ C,).r. d .....~;S ~co.; Z dO"S 0 ~p...(:Q ~ U ';;) ~ 0 ~ 0 d 0 0 0 0 e- o 0 ~ 0-0'" 0 0 0 ~ \f"I \f"I ...:!dO 0 ~ ~'-O 0 C,) ~ X X ...... 0 ;..;l gd X X 0 0 on '-D ~ oO~ ::: 0 ..,; g 6 0 6 .... .t:\ U ~ ~.....d ~ 'O:t' ,,~~~ '-D p...0"<;S ~ - <d:;a~ ~ - 0:::> ~-o""" f;Pf %~ ~ 0:::> ~ M ~~~ ....~~ ~ ~ ~o';!; ~ ~- ~ 'O:t' cnO ~ 60 ti ~ M :::""'''Oa 4.p...':Z. ~ "9.'MO ~ ~ ~ --d ~ -0 ~ ~ ~ on -0 ~ bO --d '?> ...... ~ 0 ~"..... ~ ..-rJ1 ~ ..-rJ1 '$-0 ~ Z '$-0 (,) ~ Cd g-~ ~ q ~ ~ on g-~ ~ e Cl> "'2. ~--d e~ ? ~ '-'-0 6 ~~ ~ .6 '? % ~ po. t\} ~ ~.~ ~ td~ "g~ ~ '-' ~~ 0 ~ Cl> .<c. ti p.. '(i) r/l-Q. 0 ~ 8..e ~ :g~ 0 8..e ~ ~~ --d -0 Cl> -0 -0 S --d o 0 ...... ~e.. ...... .--. -0 -0 o 0 ~'C ...... ~0 ~ ~ 0 ..... ...... j::C\ p) ...... ~0 ~ '-' p) ~ p.. INVITATION FOR BID Sealed bids for Storey Park upgrades will be received by the City Clerk of Meridian, Ada County, Idaho, the owner, at the City Hall Building located at 33 East Idaho Avenue, Meridian, Idaho 83642, until 2:00 p.m., prevailing local time, November 24, 2004, and then publicaly opened and read aloud. The work includes, but is not limited to: earthwork, utilities, parking, landscape and irrigation. All work associated with the above will also be included. Drawings and Bid documents may be obtained upon payment of $25.00 (nonrefundable) per set to the Architect. Call JGT Architecture (463-9295) to reserve your set(s) of Construction Docmnents. Drawings and Bid documents may also be viewed at the AGC Planroom at: 110 N. 27th Boise, Idaho 83702 (208) 344-2531 phone (208) 343-5321 fax Bids must be submitted on the prescribed form and each bidder must include with their Bi~ a Bid security in the amount, form and subject to the conditions provided in the Information for Bidders. No base bids may be withdrawn after the scheduled time for receipt of bids unless the award of contract is delayed for a period exceeding sixty (60) days. A pre-bid conference will be held on site November 9, 2004 at 2:00 p.m. The City of Meridian reserves the right to waive any informalities or to reject any or all Bids and to postpone the award of the contract not more than sixty days from the bid opening date, and to award the contract, if awarded, based on the best interests of the City. Any questions concerning the interpretation of the bidding documents, the drawings, or other Contract Documents or otherwice concerning the bidding procedures of the work to be performed in relation to the above described project shall be to Tom CoIlins, JGT Architecture, PA at (208) 463-9295. Dated this 28th day of October, 2004. TIIE CITY of MERIDIAN, IDAHO tJ...."..'. ..~7. ~.:';:'Il:.:: .~. ~.~ ". .~': jgt architecture 1212 12th avenue south. nampa. idaho 63651 phone: (208) 463-9295 . fax: (208) 463~ 9299 email: jgt@jgt-architecture.com letter of transmittal to: City of Meridian date: 10/26/2004 job no. 0315 re: Storey Park Upgrades attention: Elroy Huff we are sending you D shop drawings o prints [8] attached o plans D under seperate cover o samples D specifications o copy of letter D change order I.2J other: Invitation to Bid copies date no. description 1 Invitation to Bid these are transmitted as checked below: [8] for approval D approved as submitted D resubmit copies for approval D for your use D approved as noted D submit copies for distribution o as requested D returned for correction D return corrected prints D for review and comment t8J other: Mayors signature needed D for bids due 0 prints returned after loan to us remarks: copy to: file Signed:~ ~. ~ @ill "/ _~-w _~._ ~ '/ OHVOI 'NYlan::Ia1W '\ m OIMD 'VDMi HJ.1l[l: 1IlJGI.V HIP mr NYlalHaw .:10 A.LIO ~ I 'IltIlm'flI1 im.11JEI.lKMV 1:1:0::1 ,Vd ~ JD{ "- ~YYd AayO.LS /. ~~ '$,< ---, ~''1 ~O '" " ~~--.., o q ~ N -(j- I ~~ ", '--, l!JJ[l "', 01, ..-.... \ d-_......~ o -, ____. ....----~-...... 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II 2 . l!a~ ~!i~l i~ 2 ~~ II' Ii i'!lli~ i ~ ~ I~:: 1l~l!" \I l}- ll!; ~!!::<.. ~ u " z:c -~ u 2~ !::11;; _ 3 ~...L~ il 2: ~ ~~ ~I!~;:~ ~ ~~ ~ 2 d~~ ~ !o ill I'tll~ .. !Is Ii. x X~ ~ ~ n~l - ~ ~u ::E~ :: 5~ U. ~ ~ll ~ ~ oj ~~Ea ~ ~ !!i lill~ii ~i~~~;! ~ ;;~ I P n!n 2 iz ~i ~~ili ~i i h !! ll' ~;;~~:: ~ ;;! · ll~.qllll!l ~i ;! llU i ~ i i\i~d il :1; .. ~l!~~ ~~fi! aH ~~ ~~ ;;;~" -i,,~ ~ ~ ~~ ~ ;h~ ;;d I~ Ii U~ : i ~~ ~iU i ~a it U!! ~~~i lt~ !iI ~I~ i ~ d ~~;~ ( ;~ h . ~~H ~~!~ !~ . ~I ~1I~ jj 2 J;~ d~! ~ ~:: ~~ '" i2!if =l!"~ (,j:: Ii! Ala l'i l! !L ll",~" ~. 3' g'i ~"fa i!ii~ l!;~ H ~b ~ i ~~ ~~u i~ ~i e~ . !~g~ di!~ ;;!k ;Ii' ;itf 51 ;! n :H~R li'~ ,~ ~l -t'IIi '<i.lli .. r <IS" '9 .1 1 " 1 December 10,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT December 14,2004 ITEM NO. REQUEST Resolution -- Amendment to the Meridian Police Departments Policy and Procedures Manual AGENCY COMMENTS 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: SffilERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Resolution ~,;vL- Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. & 4- - ~ ~ 3 ARES DEPARTMEN AN EFFECTIV DONNELL, ROUNTREE, VVARDLE 2004 AMENDED MERIDIAN POLICE ES MANUAL; AND PROVIDING City Council of Meridian, held a hearing on the adoption 0 eridian Police Department Policy Manual; and VVHEREAS, after such hearing, the City Council, by formal motion, did approve said 2004 Amended Meridian Police Department Policy and Procedures Manual; and NOVV THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the 2004 Amended Meridian Police Department Policy and Procedures Manual is hereby adopted. A copy of the Amended Policy and Procedures Manual is attached as Exhibit "A". Section 2. That the Chief of the Meridian Police Department is hereby authorized to implement said Amended Police Policy and Procedures Manual on behalf of the Meridian Police Department. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of Meridian, Idaho /1-f!;. day of iJecem 1; .8'r , 2004. APPROVED by the Mayor ofthe City of Meridian, Idaho, this /1--tf!. day !deceyn.~ 2004. of 2004 Amended Police Policy & Procedures Manual - 1 of 2 APPROVED: 2004 Amended Police Policy & Procedures Manual - 20f2 Meridian Police Department Policy & Procedure Manual Revision Guide for 2004 Chapter 1: · inclusion of a policy statement from the Chief; · City Mission and the CARE values (1-1-5 & 1-1-6) · Reference to HIPPA in regards to Workman's Comp (1-2-7 E) Chapter 2: · Replaced Probationary terminology with Introductory (2-1-1) · Replaced Probationary terminology with Transition period for promotions (2-1-3) · Some revisions in Hiring & Recruitment processes (2-1-6) · Uniforms and Equipment multiple changes (2-3) · Updated Overtime/Leave Section (2-4) · Some minor error repairs and rewording in multiple areas of Section 6 · Some minor restructuring of Internal Investigations processes in Section 7 · Section 8 Use of Force - updated for TASERS and to include required statement for grant regarding non-violent civil rights demonstrators. Also defined intermediate weapons. · Added sections for Specialty Impact Weapons & Lethal Munitions (2-9-51) · Revised a large portion of Section 11 - Recognition & Awards - added new awards. · Section 14 Police Officer Promotional Policies - revised section for process and included wording for transition period. · Section 15 - Early Intervention System - new section. · Section 16 - Crime Prevention - new section. · Section 19 - Media Relations - new section. · Section 20 - Notification/Call Outs - new section. Some items here previously, but section updated to reflect changes in procedure and task force or unit participation. Chapter 3 : · Added section on Operation of Patrol Cars (3-8-10) · Replaced Temporary Holding Area policy with new policy and procedure for Intox Room - (3-19). · 3-20-6 Canine Procedures, item L - Canine bites and injuries - to be treated as a use of force. Chapter 4: no reVlSlons Chapter 5: · Minor revisions to: 5-1-7C; 5-1-9 A & B; and 5-]-13A 3. Chapter 6: · Minor revisions to 6-1-5 - command under Community services Commander. Chapter 7: . Minor Revisions to 7-1-7 G. Chapter 8: . 8-1-3B · 8-2 Most of section revised to include ACSO tactical team along with Boise PD tactical team. Chapter 9: New chapter for Animal Control. December 10, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT December 14, 2004 ITEM NO. 5-L REQUEST Sanitary Sewer and Water Main Easement for Washington Trust Bank 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 meeUngs shall become property of the City of Meridian. December 10,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT December 14, 2004 ITEM NO. 5-0 REQUEST Addendum to Agreement for Professional Services - Sewer Master Update Plan, JUB Engineers AGENCY COMMENTS 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: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ Contacted: Emailed: Date: Staff Initials: Phone: Mdterials presented at public meetings shall become property of the City of Meridian. RECEIVED u 3 2004 C~ty Of Meridian CIty Clerk Office To: Mayor De Weerd & City Council From: Brad Watson, P.E. CC: File, City Clerk Date: 12/2/04 He: December 14,2004 City Council Meeting Agenda Item The Public Works Department requests that the item below be considered on December 14 City Council agenda, on the Consent Agenda, for Council's consideration. Addendum to AQreement for Professional Services - Sewer Master Plan Update, JUS Engineers. This addendum is for additional costs associated with updating the overall sewer master plan this year. Extra time beyond what was included in the original scope of work has been needed to update land uses and installed pipelines to account for the recent hIgh growth. The original contract amount was on a time and materials basis, not to exceed $23,401. The proposed increase amount is $5,049.00. Recommended Council Action: Approve the Addendum to Agreement for Professional Services for the Sewer Master Plan Update by JUS Engineers. Thank you for your consideration. p/IJ . Page 1 ~ ("J.U.B A ~ Engineers 'Surveyors Planners CITY OF MERIDIAN ATTN: ACCOUNTS PAYABLE 33 EAST IDAHO STREET M~RIDIAN ID 83642 Invoice 'J~U~B ENGINEERS, Inc. Regional Office 250 South Beechwood Avenue, Suite 201 Boise,ID 83709 208-376-7330 FAX 323-9336 www.jub.com RECEIVED NO\f1 7 2004 . City of Meridian pUblic vVorksDirecbl' . Project: 00-11-950 MERIDIAN':'UPDATE SEVVERMASTER PLAN Professi6nai services from December28. 2003 to October 30, 2004' . TERMS: NET 10 DAYS; INTEREST CHARGE~ ATTHE MAXIMUM RATE ALLOWED BY LAW. Task: 020 EXISTING MODEL MODIFICATIONS , Professic:iil~i Personnel' DESIGN ENGINEER " Totals , Total Labor . Billings to date Labor Totals " ....i~Jic~l;r PROJECT MAJ\JAGER Hours' 78.00 ' " 78.00. Current 5,049.00 5,049.00 , Prior O.bO' 0.00 November 16, 2004" Project No: 00-11-950 liwoice No: 0029174 . Page 1 of 1 Amount , '5,049.00 5,049.00 " ,. e' Total tl1istask Total 5,049.00 , ,5,049.00 ' ". . 5,049.00. . $5,049.00 Total ,this invoice $5.049,00 ' " * P\trtse. POSt t& PubL\0 Ndhte.-11'lOJ1\LS CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 14, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attend~mce:c Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of November 16, 2004 Pre-Council Meeting: B. Approve Minutes of November 23, 2004 City Council Regular Meeting: C. Approve Minutes of November 23,2004 Pre-Council Meeting: D. Findings of Fact and Conclusions of Law for Approval: CUP 04-039 Request for a Conditional Use Permit for a women's fitness center in a C-N zone for Lot 1, Block 1 of Cherry Crossina Subdivision by Robnett Construction, Inc. - northwest corner of Cherry Lane and Linder Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 04-038 Request for a Conditional Use Permit for a coffee shop with a drive-thru window in a C-C zone for EI Dorado Subdivision, Lot 6, Block 5 by W.H. Moore Company - north west corner of East Overland Road and Bonito Way and west of South Eagle Road: F. Findings of Fact and Conclusions of Law for Approval: PP 04- 037 Request for Preliminary Plat approval for 11 commercial building lots and 2 common lots on 36.93+ acres in a C-G zone for Meridian City Council Agenda - December 14, 2004 Page I of 4 All materials presented at public meetings shall become propClty oflhe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Smitchger Subdivision by Ustick Marketplace, LLC - NEC of Eagle Road and Ustick Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 04-043 Request for detailed Conditional Use approval for 7 office buildings in an L-O zone for Sagecrest Subdivision by Sundell Architecture - south of East Overland Road and west side of South Millenium Way: H. Findings of Fact and Conclusions of Law for Approval: PP 04- 036 Request for a Preliminary Plat approval of 5 commercial building lots on 7.16 acres in a C-G zone for Waltman Court Subdivision by Buffalo Hump, LLC - 420 Waltman Court: I. Findings of Fact and Conclusions of Law for Approval: CUP 04-044 Request for a Conditional Use Permit for a contractor's yard in a C-G zone for Waltman Court Subdivision by Buffalo Hump, LLC - 420 Waltman Court: J. Findings of Fact and Conclusions of Law for Approval: RZ 04- 013 Request for a Rezone of 1.674 acres from C-C to C-G zone for Westside Body Works by Wests ide Body Works - 210 East Fairview Avenue: K. Findings of Fact and Conclusions of Law for Approval: CUP 04-042 Request for a Conditional Use Permit to allow the operation of a body shop in a proposed C-G zone for Westside Body Works by Westside Body Works - 210 East Fairview Avenue: L. Sanitary Sewer and Water Main Easement for Washin~:lton Trust Bank: M. Approve Beer license for San Francisco Sourdough Eatery - 2044 South Eagle Road: N. Approve Beer license for Baja Taco - 1735 West Franklin, Suite 120: O. Addendum to Agreement for Professional Services - Sewer Master Plan Update, JUB Engineers: P. Award of Bid for Storey Park Phase II Construction to American Paving Company for $227,650.00: Q. Change Order No.3 for the Headworks Expansion Proiect: Meridian City Council Agenda - December 14,2004 Page 2 of4 All materials presented at public meetings shall become property of Ihe City of Meridian. Anyone desiring accommodation for disabilities related to documents andior hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior 10 the public meeting. R. Resolution No. Amendment to the Meridian Police Department Policy and Procedures Manual: S. Resolution No. : CPA 04~002 Request for Text Amendment to allow applicants to request an L-O zoning in areas designated as residential which are located along arterial streets and section line roads and also allow applicants to request that property with a Public/Quasi Public designation to be rezoned to a zoning district that is compatible with adjoining zoning districts and land uses upon redevelopment of the property by the City of Meridian Planning and Zoning Department: T. Pressure Reducina Stations - Change Order #1 - Star Construction: 6. Department Reports: A. Mayor's Office 1. Appointment to Meridian Development Corporation: 7. (Items Moved from Consent Agenda) 8. FP 04~074 Request for Final Plat approval of 5 commercial building lots and 4 common lots on 5.13 acres in a C-N zone for Cedar Springs Subdivision No.6 by Howell-Murdoch Development Corporation - NEC of Venable Lane and West Ustick Road: 9. Public Hearing: CUP 04~041 Request for a Conditional Use Permit for an espresso/internet cafe in the C-N zone for Joltz Internet Cafe by Joltz Internet Cafe, LLC - SEC of West Franklin Road and Linder Road: 10. Public Hearing; V AC 04~008 Request for a Vacation of a portion of the 5-foot utility easements located on each side of the shared lot line of Lots 26 & 27, Block 1 for Lochsa Falls Subdivision No.6 by Ramsey Homes - 1660 West Glade Creek: 11. Public Hearing: RZ 04~012 Request for a Rezone of 3.74 acres from I-L & C-G zones to all C-G zone for Ravmond Estates by Ronald Van Auker - NEC of East Franklin Road and North Gaudians Avenue: 12. Public Hearing: CUP 04~046 Request for a Conditional Use Permit for a drive-thru window in a C-C zone for Jack in the Box by RHL Design Group - NWC of E. Goldstone Drive and North Eagle Road: Meridian City Council Agenda - December 14, 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 andlor hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 13. Public Hearing: AZ 04-023 Request for Annexation and Zoning of 76.72 acres from RUT to R-4 zone for proposed Kingsbridge Subdivision by Vision First, LLC - 4070 South Eagle Road: 14. Public Hearing: PP 04-030 Request for Preliminary Plat approval for 237 single-family residential building lots and 21 common lots on 76.72 acres in a proposed R-8 zone for proposed Kingsbridge Subdivision by Vision First, LLC - 4070 South Eagle Road: 15. Public Hearing: CUP 04-032 Request for a Conditional Use Permit for a Planned Development consisting of single-family residential lots with reductions to the minimum requirements for lot size, street frontage and request to exceed the maximum block length allowed for proposed Kingsbridge Subdivision by Vision First, LLC - 4070 South Eagle Road: 16. Ordinance No. AZ 04-025 Request for Annexation and Zoning of 121.96 acres from R4 (Ada County) to R-4 zone for Vienna Woods Subdivision No. 1-7 and Edinburgh Place Subdivision No. 1-2 by the City of Meridian - NEC of East McMillan Road and North Locust Grove Road: Meridian City Council Agenda ~ December 14,2004 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 hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. I ** TX cOk.. .1ATION REPORT ** ( AS OF DEC 10 'b~ 16:56 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDi:l STATUS 01 12/10 16'35 208 895 03913 EC--5 01'13" 004 101 OK 02 12/10 16=37 128300040 G3--5 01'35" 004 101 OK 03 12110 16:39 208 387 6393 EC--5 01'11" 004 101 OK 04 12/10 16:42 8885052 EC--5 01 ' 11" 004 tel OK 05 12/10 16:43 CHERRY LANE 83--S 02'32" 1304 101 OK 06 12/10 16=47 IDAHO ATHLETIC C EC--S 01'12" 004 101 OK 07 12/10 16:48 10 PRESS TRIBUNE EC--5 01' 12" 004 101 OK 08 12/10 16:50 2088886701 EC--5 01'12" 0134 101 OK 09 12/10 16=55 ADA CTY DEVELMT EC--S 01'12" 004 101 OK ~---------------------------------------------------~--------------------------------------- j..JlttISc.. YO$~ fQ" YubUc/ NCltt c.c:. IhOJ\lLS' CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 14, 2004, at 7:00 p.m. City Council Chambers ,J 1. Roll-call Attendance: ., Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor steve Moore, with Cherry Lane Christian Church: 4. Adoption of the Agenda; 5. Consent Agenda: A. Approve Minutes of November 16, 2004 Pre-Council Meeting: B. Approve Minutes of November 23, 2004 City Council Regular Meeting: C. Approve Minutes of November 23, 2004 Pre-Council Meeting: D. Findings of Fact and Conclusions of Law for Approval: CUP 04-039 Request for a Conditional Use Permit for a women's fitness center in a CoN zone for Lot 1, Block 1 of CherrY Crossinq Subdivision by Robnett Construction, Jnc. - northwest corner of Cherry Lane and Linder Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 04-038 Request for a Conditional Use Permit for a coffee shop with a drive-thru window in a C-C zone for EI Dorado Subdivision, lot 6, Block 5 by W.H. Moore Company - north west corner of East Over[and Road and Bonito Way and west of South Eagle Road: F. Findings of Fact and Conclusions of Law for Approval~ PP 04- 037 Request for Preliminary Plat approval for 11 commercial building lots and 2 common lots on 36.93+ acres in a C-G zone for MaidillJ1 Cily Counoil "'g~1lI1- Deeemoer 14,2004 Page 1 or 4 All m.>lorl.l$ prO$elllcd U puol., mecl;~E> &MIl h_m<:pro])Cl1Y of tile Chy ofM.lidian. AllYl'ne des;,;n\: ""eommod.>tion for dis:\bililits >t1'lcu 10 documents and/or he>ri~s ple1se COnlllullhc Ci'Y Clerk's Office at ggS-44H at 1o..14K hnU," 1)1'ior 10 lhc public me..ins. ** TX CO, .,MFlTlON REPORT ** ( AS OF DEC 10 ' 13<1 16: 35 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDII STATUS 22 12/10 16:15 3810160 EC--S la2'la5" lala4 W1 OK 23 12/11a 16:18 PUBLIC WORKS EC--S el'12" 0134 lel OK 24 12/10 16:20 12084664405 EC--S 01'13" 004 W1 OK 25 12/10 16:21 8841159 EC--S 01' 12" 0B4 lBl OK 26 12/10 16:23 2088840744 EC--S 01'14" 004 101 OK 27 12/1e 16:25 POLICE DEPT EC--S 01' 12" 004 101 OK 28 12/10 16:27 8985501 EC--5 01'11" 004 101 OK 29 12/10 16:28 LIBRARY EC--S 01'35" 004 101 OK 30 12/10 16: 30 IDAHO STATESMAN EC--S 01 ' 11" 004 101 OK 31 12/10 16:32 3886924 EC--S 01' 12" 004 101 OK 32 12/10 16'34 2088886854 EC--S 01'12" 004 101 OK ---------~---------------------------------------------------------------------------------- i-Jlttlse.. YOS~ ro- hlbllC/ NCJtlCe IhOJ\\(.S CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 14, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attend~nce: ," _ Shaun Wardle _ Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: 4. Adoption oflhe Agenda; 5. Consent Agenda: A. Approve Minutes of November 16,2004 Pre-Council Meeting: B. Approve Minutes of November 23, 2004 City Council Regular Meeting: C. Approve Minutes of November 23. 2004 Pre-Council Meeting: D. Findings of Fact and Conclusions of Law for Approval: CUP 04-039 Request for a Conditional Use Permit for a women's fitness center in a C-N zone for Lot 1, Block 1 of Cherry CrossinCl Subdivision by Robnett Construction, Inc. - northwest corner of Cherry Lane and Under Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 04-038 Request for a Conditional Use Permit for a coffee shop with a drive-thru window in a C-C zone for EJ Dorado SubdiVision, Lot 6, Block 5 by W.H. Moore Company - north west COrner of East Overland Road and Bonito Way and west of South Eagle Road: F. Findings of Fact and Conclusions of Law for Approval: PP 04- 037 Request for Preliminary Plat approval for 11 commercial building lots and 2 common lots on 36.93+ acres in a CoG zone for Moria,,,,, City Council "'send. - Decenbu 14. 2004 y"so 1 or4 All nut",.I~ prC;!ctltcd :1[ p"blic mo_lin!;> dlall boool11C P'QI'Crt:t of Ill< Cill' ofMeoidiMl. An)'one desinhC; ltCcommod.:uion (or di$;lbtlili-u remlrd 11;' documtnl.$..indlnr h=uillS pie.,. conlllcl tho Cil)' L1crk'. om"" .18884433.1100.,148 hnur< 1"1,,, 10 the p~.lIc meelmg. ** TX CONFIRMATION REPORT ** AS OF DEC 15 '04 00:49 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDJ:I STATUS 06 12/15 00:04 3810160 EC--S 02'35" 005 129 OK 07 12/15 00:07 PUBLIC WORKS EC--S 01'30" 005 129 OK 08 12/15 00:09 12084664405 EC--S 01' 31" 005 129 OK 09 12/15 00:11 8841159 EC--S 01' 31" 005 129 OK 10 12/15 00:14 2088840744 EC--S 01'33" 005 129 OK 11 12/15 00:16 POLICE DEPT EC--S 01' 30" 005 129 OK 12 12/15 00:18 8985501 EC--S 01'30" 005 129 OK 13 12/15 00:19 LIBRARY EC--S 02'00" 005 129 OK 14 12/15 00:22 92083776449 EC--S 01 '29" 005 129 OK 15 12/15 00:24 3886924 EC--S 01'30" 005 129 OK 16 12/15 00:26 2088886854 EC--S 01'29" 005 129 OK 17 12/15 00:28 208 895 0390 EC--S 01'30" 005 129 OK 18 12/15 00:30 128300040 G3--S 01'58" 005 129 OK 19 12/15 00:33 208 387 6393 EC--S 01'30" 005 129 OK 20 12/15 00:35 ADA CTY DEUELMT EC--S 01'30" 005 129 OK 21 12/15 00:37 8885052 EC--S 01'30" 005 129 OK 22 12/15 00:39 CHERRY LANE G3--S 00'01" 000 129 INC 23 12/15 00:40 CHERRY LANE G3--S 00'34" 000 129 INC 24 12/15 00:41 CHERRY LANE G3--S 00'01" 000 129 INC 25 12/15 00:43 CHERRY LANE G3--S 00'01" 000 129 INC 26 12/15 00:43 IDAHO ATHLETIC C EC--S 01'30" 005 129 OK 27 12/15 00:45 ID PRESS TRIBUNE EC--S 01'35" 005 129 OK 28 12/15 00:48 2088886701 EC--S 01'30" 005 129 OK THIS DOCUMENT IS STILL IN MEMORY ------------------------------------------~-----------------------~-----------------~-~----- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday. December 14,2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: k Shaun Wardle ----->< Christine Donnell X Charlie Rountree ------x- Keith Bird X. Mayor Tammy de Weerd 2. Pledge of Allegiance; ~ IJ"'VVI?~ r J"'~ 3. Community Invocation by Pastor Steve Moore. with Cherry Lane Christian Church: ~ .Ii Arinnt;...... ...-F .1...... A....",......."". A~Aj/" ~~~ RECEIVED DEe 1 4 2004 DELINQUENCY FOR TURN OFF SCHEDULED FOR December 15, 2004 CYCLE 1 City of Meridian City Clerk Office MAYOR: This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 P.M. Tuesday, December 14, 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 December 15, 2004 unless payment is received in full. Is there anyone presentwho 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 $52,500.73 c , 'CITY OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers Dec 14,2004 05:01pm Current Period; 12/20/2004 No Delinquent Minimum AmountDelinquent Balance Report Criteria: TermInated customers not included Customer.Cust No 0" {<} 880000001 Customer.BiII Cycle" 1 Last Pmt Last Pmt Cust No Name Balance Non-Del1nq 10/20/2004 09/20/2004 08/20/2004 Date Amount 32.32.4606.1 22.18 13.63 8.55 31.57.0017.1 150.84 68.66 68.66 13.52 35.43.0211.1 37.36 36.80 .56 24.04.0552.1 ABBEY BEN 77.88 38.07 39.81 11/23/2004 41.00 - 30.74.2744.1 ABBOTT, KEVIN & SHAWNA 107.32 49.74 57.58 11/09/2004 73.16 - 24.04.0868.2 ABLE, MICHAEL 97.72 49.35 48.37 11/10/2004 50.20 - 30.74.0727.1 ACORN APARTMENTS 83.40 14.26 69.14 11/16/2004 87.76 - 30.74.0728.1 ACORN STORAGE 387.38 167.37 220.01 10/26/2004 221.67 - 23.01.4154.1 ACORN STORAGE #2 144.84 72.42 72.42 10/26/2004 90.17 - 30.74.3602.2 ADAMS, CYNTHIA 165.48 49.19 68.21 48.08 10/18/2004 63.30 - 23.02.0428.2 ADLER, J & SMITH, T 214.42 63.66 150.76 11/02/2004 53.66 - 31.52.6492.1 ADVANCED PERCISION MACHI~ 182.44 91.22 91.22 10/28/2004 90.17 - 24.04.0934.5 AGUERO, JEREMY 101.44 62.06 38.14 1.24 35.35.0190.2 AHEARN, THOMAS 115.10 72.06 43.04 11/17/2004 59.80 - 22.50.0244.1 ALGER, BRENT 72.40 40.80 31.60 11/10/2004 40.00 - 37.37.2920.1 ALL AMERICAN 13.71 9.36 4.35 37.37.2904.1 ALL AMERICAN CONSTRUCTIOt 7.83 4.46 3.37 34.34.6028.2 ALLEN, KELLlE 173.92 62.64 111.28 11/23/2004 37.16 - 37.37.3822.1 ALLEN, SCOTT 95.80 31.53 32.51 31.76 10/19/2004 33.00 - 35.35.0194.4 ALLMOND, JOSEPH & TAKEIA 75.26 49.12 26.14 11/23/2004 45.00 - 30.74.2758.5 ALLPHIN, SHERYL R 113.09 40.10 72.99 30.74.2968.3 ALVAREZ, JOSE 83.14 42.06 41.08 11/16/2004 50.45 - 23.02.0860.1 ANDERSON,DEAN 127.89 20.39 40.16 67.34 08/13/2004 60.00 - 35.35.3046.2 ANDERSON, JACOB 77.12 38.07 39.05 10/29/2004 76.86 - 20.47.1148.2 ANDRUS, MICHAEL & JENNIFEf< 64.94 44.56 20.38 35.64.5062.2 ANSON, RICK 73.20 36.11 37.09 11/16/2004 53.72 - 24.04.1664.3 ANSON. RICK & REBECCA 89.28 71.83 17.45 11/23/2004 100.00 - 46.46.7030.2 APARICIO, FERNANDO 90.20 44.61 45.59 10/19/2004 45.46 - 30.74.3660.2 ATHERTON, NOBLE 77.76 40.03 37.73 10/21/2004 72.00 - 22.51.3370.1 AlWOOD, CINDI 99.50 35.52 35.52 28.46 10/22/2004 10.00 - 22.50.2404.4 BACHMANN, LEVI 105.66 58.48 47.18 11/16/2004 48.86 - 24.04.1290.3 BACON,THOMAS & JANIS 96.30 48.14 48.16 10/13/2004 106.60 - 30.74.2524.2 BADGLEY, RUSSELL & SARAH 105.02 42.22 62.80 10/22/2004 70.54 - 22.51.0514.2 BAILEY, PEGGY 95.56 48.76 46.80 11/16/2004 59.77 - 22.51.0694.1 BAILEY, PEGGY 203.36 162.12 41.24 11/29/2004 77.18- 23.02.3550.2 BAILEY, PEGGY 82.34 40.19 42.15 11/04/2004 37.30 - 23.02.3680.3 BAINBRIDGE, STEVE 57.93 57.92 .01 11/24/2004 29.93 - 22.51.3910.1 BAKER, HELEN F 99.24 45.64 51.52 2.08 10/27/2004 53.01 - 24.04.1988.3 BALDOCCHI EUGENE & INES 80.70 54.32 26.38 11/16/2004 65.10 - 30.30.6350.2 BALLARD, STEPHEN 55.61 43.63 11.98 22.50.2142.3 BARAJAS, ANTONIO & VELMA 123.86 69.06 54.80 11/16/2004 57.64 - 21.21.9046.1 BARNACK. BILLIE 95.83 24.27 18.83 18.83 33.90 07/19/2004 15.07 - 30.74.2822.1 BARR. KENNETH 225.78 96.27 129.51 10/20/2004 240.00 - 23.01.2110.2 BARROETABENA, PHYLLIS 60.58 30.78 29.80 11/15/2004 46.26 - 37.37.2898.2 BATTAGLIA, SAM & MARISA 85.62 42.81 42.81 11/0212004 42.68 - 35.35.0248.2 BAUMGARTNER, JON & CLEMEI 76.60 37.32 39.28 10/18/2004 38.20 - 22.51.0932.1 BAYVIEW - KELLOGG 43.64 33.75 5.06 3.48 1.35 22.50.0530.3 BEAL,DEBRA 80.02 43.51 36.51 10/05/2004 50.00 - 35.35.0283.3 BEARD, KEVIN & CORRINA 77.12 38.07 39.05 10/27/2004 36.58 - 30.74.2616.3 BECK,DEAN 98.50 61.30 37.20 11/18/2004 72.90 - ... in Msg column indicates no Notice is to be sent 'CITY OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers Dec 14, 2004 05:02pm Current Period: 12/2012004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last pmt Cus! No Name Balance Non-Delinq 10/20/2004 09/20/2004 08/20/2004 Date Amount 22.50.2116.2 BECKLEY, BRIAN 66.22 58.28 7.94 10/19/2004 97.64 - 25.25.4040.2 BEDOYA, PEDRO 76.60 38.30 38.30 11/0812004 89.18 - 24.04.2010.7 BELAIR, DENNIS 113.87 28.82 44.50 40.55 09/09/2004 297.82 - 22.50.4224.3 BEL VOIR, CASEY 77.98 43.67 34.31 11/02/2004 36.14 - 30.74.3172.2 BENDER, ERIC& TREASA 119.96 59.49 60.47 10/22/2004 60.34 - 22.20.0076.2 BENGOECHEA,TOMASA 65.09 47.11 17.98 23.02.3600.1 BENNEn, HOWARD 52.07 38.46 13.61 11/1712004 50.00 - 22.51.2622.1 BENTLEY, DONALD 239.36 121 .56 117.80 10127/2004 127.38 - 22.51.2623.1 BENTLEY, DONALD 9.94 .58 9.36 10/27/2004 81.88 - 30.74.1036.2 BEVINGTON, WILSON 112.66 38.23 37.25 37.18 10/1812004 40.00 - 25.25.9932.2 BILLINGS, RAYMOND & DELANP 91.18 45.59 45.59 11/0412004 96.80 - 37.72.0256.2 BIRDGE, RICHARD & TONI 87.62 46.57 41.05 11/22/2004 50.00 - 30.74.2724.1 BISHOP, CALVIN 88.10 43.63 44.47 11/16/2004 100.00 - 23.02.6672.2 BITHELL, THOMAS 53.24 50.56 2.68 12106/2004 47.88 - 23.02.2140.1 BLAIR, WILMA 97.44 63.72 33.72 11/17/2004 84.88 - 23.02.4200.1 BLAKELY,CLAUDEJAMES 122.42 40.85 40.85 40.72 11/16/2004 33.92 - 37.37,3842.2 BLEDSOE, STEPHANIE 91.18 45.59 45.59 11/15/2004 92.88 - 23.02.1580.2 BLESSENGER, RONNIE & HAZE 61.88 30.94 30.94 11/16/2004 100.50 - 24.04,0536.8 BOBKO, RAYMOND 55.08 54.09 .99 11/16/2004 110.00 - 23.02.0488,1 BOBKO. RAYMOND 94.90 44.02 50.88 11/17/2004 60.89 - 30.74.2332.2 BOBKO, RAYMOND 148.49 51.31 49.35 47.83 10/19/2004 82.00 - 36.36.1000.2 BOEPPLE, SHELLEY 90.52 46.73 43.79 ..:-; 11/10/2004 3.60 - 22.50.1726.2 BOESIGER. MAX 99.62 63.56 36.06 11/18/2004 85.00 - 22.51.0506.1 BOGGIS, CONNIE 68.75 58.28 10.47 ',', 10/19/2004 101.70 - 24.04.2310.2 BOHRN, EARL & DONNA 134.00 60.63 73.37 .'. : 11/1 0/2004 104.60 - 30.30.6050.2 BONNEY, AARON 195.44 40.69 41.67 41.54 71.54 : 08/23/2004 122.66 - 24.04.2286.2 BOOKER, KEITH 51.65 42.06 9.59 37.75.0120.1 BOONDOCKS FUN CENTER 1 ,677.43 677.27 1,000.16 , 12/15/2004 677.27 - 30.74.0660.2 BOSSART-HILL, CANDACE 113.40 62.09 51.31 .; 10/18/2004 85.70 - 25.05.0368.1 BOUDREAUX, JAMES 148.96 83.11 65.85 .11/17/2004 77.48 - 22.50.4034.2 BRADSHAW, JANE 34.43 34.42 .01 . 11/16/2004 31.91 - 23.02.3670.4 BRAINBRIDGE, STEVE 144.76 38.07 88.07 18.62 10/25/2004 100.00 - 22.50.1988.4 BRANDT, M. & WIEDENHEFT, A. 86.08 44.02 42.06 11/23/2004 39.34 - 32.32.4900.2 BRCAK, FRED 47.50 23.26 24.24 10/15/2004 25.12 - 24.04.1808.2 BREWER, MICHAEL 48.85 40.10 8.75 12/02/2004 47.72 - 23.01.0800.1 BREWER, SID & SHELLY 99.40 34.70 64.70 10/20/2004 137.72 - 23.02.3370.4 BRIGGS, TERI 170.16 51.86 75.98 42.32 10/20/2004 110.00 - 23.02.1310.5 BRINEGAR, E.E. 124,36 42.15 39.21 43.00 10/01/2004 39.08 - 36.69.1086.1 BROOKS. JEFFREY & JANET 139.62 54.91 84.91 10/20/2004 111.52 - 22.50.2434.1 BROWN, BRIAN 100.28 58.87 41.41 11130/2004 50.00 - 37.72.0184.3 BROWN, GARREn 154.88 65.19 89.69 11/15/2004 121.34 - 37.37.3844.2 BROWN. KATHLEEN 108.84 53.93 54.91 10/19/2004 142.50 - 30.74.3264.1 BROWN, MICHAEL & LISA 86.24 43.63 44.61 11/09/2004 44.46 - 24.04.1762.3 BRUNGER, DWAYNE 146.45 44.61 101.84 11/04/2004 73.97 - 36.69.0304.1 BRYAN, WILLIAM 101.54 39.28 62.26 11/0212004 48.16 - 21.48.3225.1 BurCH, DAVE & KAREN 86.34 42.68 43.66 10/19/2004 89.72 - 24.04.2308.1 BUnERFIELD, CHARLES & TOr-- 226.10 126.09 100.01 11/18/2004 140.66 - 24.03.0832.3 BYRUM, DARYL 122.78 61.38 61.40 11/02/2004 63.18 - 22.50.0724.1 C.F.I. INVESTMENTS 77.12 31.48 28.98 16.66 11/10/2004 40.00 - 36.65.3136.2 CABRAL, JOE & JAMIE 121.44 37.91 40.85 42.68 11/02/2004 44.64 - 36.69.0570.1 CADY, WILLIAM 59.82 52.95 6.87 11/3012004 50.00 - 35.35.0106,2 CAMPAGNI, DAVID 93.44 44.64 44.84 3.76 11/16/2004 44.84 - 22.50.0354.1 CARSTENSEN, DENNIS 112.00 60.08 51.92 11/16/2004 60.00 - 24.04.0798.2 CASE, RICHARD & DONNA 134.68 44.61 44.61 45.46 09/21/2004 40.46 - 22.50.0310.2 CASS, BRUCE C 119.02 75.00 44.02 11/17/2004 65,88 - ... in Msg column indicates no Notice is to be senl jF-" ( '. CITY OF MERIDIAN Delinquent Account List. council Page; 3 Standard Payment Customers Dec 14, 2004 05:02pm Current Period: 12/2012004 No Delinquent Minimum AmountDelinquent Balance Last Pm! Last Pmt Cust No Name Balance Non-Delinq 10120/2004 09/20/2004 08/20/2004 Date Amount 24.03.0850.2 CAST, PETER & VERIONICA 97.20 40.03 57.17 11/17/2004 50.00 . 25.09.0012.1 CHAMBERS CONSTRUCTION 12.27 7.75 3.48 1.04 24.03.0070.1 CHANDLER.ZUNDEL, PATRICIA 78.10 37.09 41.01 11/30/2004 37.94 - 23.02.5910.2 CHANEY, BENJAMIN & CRISTY 144.66 45.00 59.70 39.96 32.32.4084.2 CHAPPELL, JOHN 109.36 64.68 44.68 10/19/2004 85.24 - 23.02.4700.2 CHENEY, STEVEN 114.12 42.06 42.06 30.00 11/1612004 45.88 - 23.02.6100.1 CHENEY, STEVEN 62.60 31.76 30.84 11/24/2004 40.00 - 30.74.3676.4 CHENEY, STEVEN 65.46 34.54 30.92 11116/2004 70.00 . 30.74.3020.2 CHERRY, DARREL 124.92 51.97 72.95 11117/2004 76.29. 22.50.0500.3 CHESTER. FAYE 69.28 35.40 33.88 12/02/2004 32.80 - 22.50.4016.3 CHRISTENSON, TAMI 74.06 40.73 33.33 11/16/2004 72.02 - 37.37.3234.1 CHRISTIAN BROS CONSTRUCTI 48.14 21.46 26.68 1 0/1912004 8.36 - 22.51.1168.3 CHRISTIANSON, ARTHUR & COI 49.06 7.55 7.55 7.55 26.41 06/2912004 15.10 - 22.51.1170.2 CHRISTIANSON, ARTHUR & COI 52.79 11.31 7.55 11.31 22.62 08103/2004 30.17 - 22.51.1174.2 CHRISTIANSON, ARTHUR & COI 109.19 22.59 18.83 22.59 45.18 08/03/2004 64.01 . 30.74.0428.2 CHRISTIANSON, BRAD 85.18 37.16 38.14 9.88 37.37.5054.1 CHRISTOPHER HAYES 42.03 22.45 12.30 7.28 34.01.0062.1 cm CORP 6,728.81 1,068.70 5,660.11 1 0/2812004 3.48. 22.51.0690.2 CLAY, SANDRA 58.94 28.98 29.96 1111612004 57.76 - 24.04.1248.3 CLAY, STEVEN & SUSAN 102.62 69.35 33.27 11108/2004 20;00 - 25.05.0766.2 CLEMENT,. MICHAEL 86.72 37.48 49.24 11116/2004 61.24 - 25.05.0344.1 CLIFF, DWIGHT 61.26 38.23 23.03 11/23/2004 . 50:00- 29.07.0892.3 CLUPHF, CHRIS 56.06 42.06 14.00 12/06/2004 - !2S.00- 35.65.0230.1 CLURE,MARVIN & SHIRLY 137.62 43.63 45.59 48.40 09/21/2004 . '92.88 - 37.37.3966.2 COLE, DANIEL & RENEE 115.26 55.66 59.60 11/10/2004 . !55.50- 21.48.2882.1 COMMUNITY PROPERTIES 233.18 146.67 86.51 10/1912004 150.18 - 30.74.0424.2 COMPTON, CRAIG 78.04 42.06 35.98 11/08/2004 41.96 - 37.37.3008.1 CONCORE 40,43 21.46 15.49 3.48 10119/2004 2.02 - 23.02.1920.1 CONRADI, LINDA 113.48 62.16 51.32 11116/2004 53.00 - 22.50.2416.2 COOK, SONYA 254.13 50.05 204.08 23.02.0640.1 COPE, LINDA 153.18 29.57 75.25 48.36 10/20/2004 80.00 - 25.25.9940.1 COREY BARTON CONSTRUCTfC 50.44 25.22 25.22 10/1512004 9.60 - 25.25.9930.1 COREY BARTON CONSTRUCTIC 65.48 32.74 32.74 10/1512004 36.40 - 25.25.9896.1 COREY BARTON CONSTRUCTI< 61.72 32.74 28.98 10/1512004 36.40. 24.04.0120.2 CORONA. JUAN & ROMONA 134.90 87.10 47.80 11/22/2004 60.00 - 31.52.0040.3 CORYELL, EARL 61.56 31.76 29.80 11116/2004 81.84 - 24.04.1746.1 COSGROVE, AMY 94.76 40.03 54.73 11116/2004 94.40 . 35.35.0326.2 COSTNER,SHARON 35.62 35.52 .10 1 0/19/2004 34.44 - 35.35.6042.2 COUGHLIN-JONES, JENNIFER 44.02 40.10 3.92 12/14/2004 40.10 . 35.35.0228.1 COVINO, PETER III 97.06 49.51 47.55 10/19/2004 117.38- 22.22.0590.1 CREEKSIDE ARBOUR 173.42 61.21 37.63 37.63 36.95 22.50.3928.1 CROASDALE, DENA 75.82 43.08 32.74 10/1812004 34.60 - 46.60.0030.1 CROCKER BUILDING CO 9.00 5.52 3.48 46.60.0042.1 CROCKER BUILDING CO 6.40 3.48 2.92 22.51.0742.2 CRUM, SCOTT & BECKY 63.52 32.74 30.78 10127/2004 32.64 - 30.74.2732.2 CURTIS, TROY 76.34 39.12 37.22 11118/2004 40.00 - 20.46.0120.2 CUSLlDGE, JOSEPH 131.58 57.14 74.44 11/01/2004 46.70 - 24.04.2118.2 CUSTER, PAUL & SUZANNE 94.80 45.00 49.80 11/16/2004 52.84 - 25.25.9974.3 DAESELER. KEVIN 80.20 40.10 40.10 11/0312004 17.29 - 23.02.0910.1 DAILEY, DON 36.60 35.52 1.08 11/2312004 35.42 - 23.02.4330.1 DANNENHAUER.CHARLES 47.44 24.24 23.20 1 0/22/2004 60.00 - 24.03.0874.2 DAVENPORT, ERIC 99.60 33.56 31.60 34.44 09/14/2004 68.88 - 22.50.0602.2 DAVIS, JENNIFER 81.28 40.96 35.52 4.80 11124/2004 35.52 - 35.35.0321.3 DAVIS, LAYN & TRACY 77.12 39.05 38.07 10/19/2004 37.94 - 22.50.0288.6 DAWSON, CAROL 224.12 68.14 38.14 70.00 47.84 09/22/2004 141.76 - ... in Msg column indicates no Notice is to be sent ... ( ( , 'CITY OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers Dee 14. 2004 05:02pm Current Period: 12/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/2012004 09/2012004 08/20/2004 Date Amount 35.35.0422.1 DAWSON, DEBORAH 74.64 36.34 38.30 11/1012004 76.40 - 30.74.3714.2 DEGRANGE, CHARLEY & BENTL 114.52 14.54 31.16 30.98 37.84 09/13/2004 46.66 - 37.37.3994.2 DEJOURNETT, TAMARA 43.76 43.63 .13 12/14/2004 45.46 - 23.02.1610.1 DESILET, DENICE 57.88 31.76 26.12 11/30/2004 50.00 - 24.03.0824.2 DEWITT, HALEY 67.12 33.56 33.56 10/19/2004 68.86 - 22.50.0204.1 DIPAOLA, JONATHAN 60.44 41.94 18.50 11/22/2004 50.00 - 22.50.1922.2 DIXON, KIEV & LILY 113.64 40.57 35.13 37.94 10105f2004 37.94 - 30.74.0708.2 DJ INVESTMENTS, INC 45.12 39.12 6.00 24.04.1554.1 DOLL, THOMAS 136.64 55.30 83.34 10/20/2004 167.14 - 24.04.1166.3 DONALDSON, NEAL 93.70 32.74 60.96 10/20/2004 33.62 - 24.03.0630.1 DONLON, KATHRYN 61.42 29.73 31.69 11/02/2004 63.12 - 30.74.1062.1 DOTY, PAULINE & RON 88.66 43.84 44.82 11/02/2004 45.06 - 30.30.5014.2 DREWES. ZINA 80.34 42.06 36.28 12/13/2004 55.62 - 32.32.4912.3 DRUCE, RICHARD & SYBIL 87.26 44.61 42.65 10/19/2004 69.94 - 24.04.2282.1 DRURY, PATRICK 133.90 81.15 52.75 11/18/2004 100.00 - 35.35.0036.3 DUARTE, RACHEL 114.12 41.08 73.04 11/10/2004 43.92 - 23.02.6970.1 DULHANTY, TAMARA 184.52 44.68 77.62 62.22 10/21/2004 107.90 - 24.04.1958.1 DUPLEX, KENNETH & DONNA 153.86 84.09 69.77 11/17/2004 65.32 - 23.02.5010.1 EARLEY, GEORGE 57.96 28.00 29.96 12/07/2004 28.88 - 30.74.3784.1 EBBERS, MARIE 56.52 28.75 27.77 11/02/2004 54.30 - 21.48.1632.2 EDDYS BAKERY 177.22 88.12 89.10 21.48.1633.1 EDDY'S BAKERY 4.00 3.48 .52 11/30/2004 2.96 - ,; 34.34.6230.1 EDENBROOK 45.86 32.74 13.12 10/27/2004 3.48 - 30.74.2368.1 ELDRED, FLOYD ' ('. 38.78 37.09 1.69 12/01/200'4 60.00 - 22.51.0758.1 ELITE CLEANERS 253.86 121.29 132.57 10/27/2004 154.83 - 37.72.0101.1 ELK RUN HOMEOWNERS ASSO 316.30 9.36 72.08 71.10 163.76 09/22/2004 54.44 - 36.68.0138.1 ELLINGTON, BRUCE 94.12 47.55 46.57 11/16/2004 49.38 - 23.02.6510.2 EMMONS. CYNTHIA 256.14 45.82 45.82 50.62 113.88 08/03/2004 48.20 - 37.37.3258.3 ENGLAND, PAUL & TRACY 83.14 41.08 42.06 11/16/2004 41.96 - 30.74.2686.1 EPPERSON, DAREN 42.00 39.05 2.95 11/29/2004 50.00 - 22.50.1236.3 ERHART, MILT 68.62 38.50 30.12 10/19/2004 93.00 - 22.50.1238.2 ERHART, MILT 78.44 40.96 37.48 10/19/2004 127.82 - 30.74.3796.2 ESPEY, MATTHEW & ANDREA 84.61 44.61 40.00 11/29/2004 23.11 - 32.32.4386.2 EVANS, DANIEL, RHONDA 84.12 41.08 43.04 11/22/2004 41.96 - 22.50.3822.1 EVANS,M.SHAE 85.30 47.82 37,48 11/17/2004 39.34 - 20.46.0132.3 EVANS, SUSAN 94.66 51.03 43.63 11/16/2004 90.92 - 30.74.3614.1 FACKRELL, THOMAS 68.62 35.29 33.33 11/16/2004 61.30 - 24.04.1564.2 FAIRCHILD, KERI 55.46 31.53 23.93 10/22/2004 90.00 - 23.02.2060.1 FARMER, SCOTT 106.86 51,47 55.39 11/16/2004 50.36 - 23.02.5650.1 FARNSWORTH, MELODY 60.90 30.94 29.96 11/02/2004 32.80 - 22.50.4812.2 FARROW, GREGORY & CAROL'! 109.18 54.86 54.32 11/16/2004 64.02 - 36.69.1030.1 FENICLE, CARMELLA 53.90 26.00 25.90 10/19/2004 30.00 - 22.50.0260.7 FIElDSTAD. CHRISTY 47.51 42.06 5.45 11/04/2004 83.47 - 22.50.0290.5 FIElDSTAD, CHRISTY 74.32 37.16 37.16 11/23/2004 9.88 - 30.74.2566.2 FINLEY, JEFFREY 76.06 27.34 32.24 16.48 10/0812004 130.72 - 30.74.1006.1 FISHEL, GEORGE 210.98 86.83 122.15 11/16/2004 137.49 - 22.51.3990.1 FISHER, DANNY W 62.08 31.76 30.32 10/19/2004 66.00 - 23.01.1164.4 FLATEN. ROBERT 155.04 78.68 76.36 11/12/2004 85.00 - 21.46.2695.1 FOOD SERVICES OF AMERICA 135.34 76.98 58.36 11/01/2004 174.98 - 21.48.2694.1 FOOD SERVICES OF AMERICA 2,002.64 1,016.19 984.45 11/01/2004 983.71 - 21 .48.2696.1 FOOD SERVICES OF AMERICA 706.94 439.95 266.99 11/01/2004 368.51 - 36.69.0738.1 FORGY, MICHAEL 142.76 53.93 88.83 11/23/2004 76.34 - 30.30.6212.2 FOSTER, PAMELA 88.24 45.59 42.65 1110812004 87.96 - 32.32.4664.1 FOX, GENE & CELESTE 112.94 36.50 36.50 33.57 6.37 22.50.3712.2 FRANCISCO C. MA THEOUS 45.56 45.56 11115/2004 53.40 - ... in Msg column indicates no Notice is to be sent (' ( . CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Dee 14, 2004 05:03pm Current Period: 12/20/2004 No Delinquent Minimum AmountDelinquen! Balance Last Pmt Last Pm! Cust No Name Balance Non-Delinq 10/20/2004 09/20/2004 08/20/2004 Dale Amount 30.74.0702.1 FRANK, GARY 142.62 71.80 70.82 09/15/2004 69.74 - 30.74.0704.1 FRANK, GARY E 60.58 33.72 26.86 09/15/2004 34.60 - 36.68.0142.1 FRAZEE, ANGIE 87.26 43.63 43.63 11/17/2004 44.94 - 23.02.4010.3 FRED SCHIMPH 234.90 56.48 178.42 10/19/2004 108.26 - 23.01.1200.2 FRED SCHJMPH 120.96 62.82 58.14 11/22/2004 87.00 - 22.51.3078.3 FREEMAN, NICOLE 91.54 30.64 30.64 30.26 09/21/2004 64.44 - 23.02.4930.4 FREEMAN, SARAH 83.00 39.05 43.95 10/21/2004 48.72 - 24.04.1708.2 FREINWALD, CLAY JR 85.42 39.28 46.14 11/17/2004 67.60 - 20.46.0240.2 FRENCH, KATHY & MILES, WILL 110.54 60.99 49.55 11/16/2004 53.00 - 22.50.3754.1 FRENCH, LAWRENCE 183.06 90.82 92.24 11/02/2004 89.20 - 32.32.4406.2 FRESHWATER, MICHELLE 71.90 24.01 23.03 24.86 09/17/2004 23.88 - 23.01.0832.1 FRIENDS OF CHILDREN & FAMIl 101.67 30.11 33.87 15.07 22.62 07/13/2004 67.74 - 23.01.0831.1 FRIENDS OF CHILDREN & FAMII 307.38 55.42 125.00 126.96 09/14/2004 146.56 - 37.72.0210.1 FRITZMEIER, RANDY 93.82 39.64 54.18 11/16/2004 85.00 - 22.50.1232.2 FRONCONE, JOSHUA 96.02 66.22 29.80 11/17/2004 71.16 - 24.04.1454.1 FUENTES,CHRYSTLE 93.80 44.45 49.35 11/16/2004 52.16 - 23.02.2980.3 FUGATE, LINDA 79.22 39.12 40.10 10/19/2004 44.90 - 24.04.1986.1 FULFER,KERRY 113.08 52.13 60.95 10/18/2004 172.60 - 37.72.0200.1 GALLOWAY, KARL & NONA 96.08 46.57 49.51 10/27/2004 51 .34 - 22.50.1996.2 GARCIA, CHRISSY 50.27 48.64 1.63 11/30/2004 70.00 - 25.25.9882.2 GARCJA, JOSEFINA 169.66 69.12 43.04 41.96 15.54 20.46.0116.1 GARJBOVIC, KASIM 78.64 42.53 36.11 1 0/26/2004 37.94 - 25.25.9904.2 GARVIN, MATTHEW 138.47 45.98 92.49 11/30/2004 46.00 - 30.74.0706.1 GARY, FRANK 90.66 42.88 42.88 4.90 09/15/2004 48.66 - 23.02.0950.1 GAYTHIWAITE, RITCHIE & SUSt! 94.44 41.83 52.61 11/17/2004 54.44 - 22.51.3870.2 GEORGE, RICHARD & JAN 139.40 52.73 86.67 1 0/20/2004 149.04 - 24.03.0844.1 GODFREY, SHELLI 86.60 42.81 43.79 11/16/2004 87.32 - 30.74.1044.2 GODOY, JUAN & MARIA 87.72 42.88 44.84 11115/2004 90.46 - 23.01.0150.2 GOLDEN, LEROY 54.04 27.02 27.02 11/16/2004 55.80 - 20.46.0622.1 GONZALES, JOHN 83.54 45.47 38.07 11/15/2004 73.92 - 23.01.2390.2 GONZALEZ, HARVEY 156.86 75.00 81.86 11/17/2004 52.74 - 23.02.1280.3 GOODWIN, JAMES & TAMARA 62.06 42.06 20.00 11/24/2004 27.94 - 30.74.0318.5 GOURLEY. JEFFREY 52.50 52.36 .14 12/06/2004 63.00 - 22.50.3908.1 GRAHAM, JOHN & KATHLEEN 84.00 43.74 40.26 10/18/2004 105.00 - 30.74.3656.2 GRAY, LAURA & MAURY 34.30 12.50 21.80 12/06/2004 55.00 - 36.69.0376.1 GRAYSON, GARY 97.06 45.59 51.47 11/02/2004 51.00 - 24.04.2352.1 GREAT CLIPS 37.66 18.83 18.83 11/23/2004 26.35 - 24.04.1146.2 GREEN LANCE & GLORIA 73.00 36.50 36.50 11/16/2004 37.38 - 37.72.0212.1 GREEN, JUSTIN 130.98 43.04 63.04 24.90 11/16/2004 69.80 - 24.04.1206.1 GREEN, KEVIN 115.06 38.07 38.07 38.92 10/19/2004 75.88 - 22.51.3350.1 GREGORY, STEVEN 56.00 28.00 28.00 10/11/2004 86.64 - 24.04.2276.2 GROAT, DARLA 253.17 253.17 04/16/2004 102.68 - 30.74.3180.2 GROESBECK, KEN & ROBERTA 104.90 55.39 49.51 11/15/2004 88.96 - 23.02.4290.1 GROSSO, SHADOW 81.54 25.22 25.22 31.10 11/10/2004 25.00 - 24.03.0034.1 GROUND, JENNIFER 79.96 40.03 39.93 11/30/2004 40.00 - 25.25.0126.2 GROW-GRAY, DANIELE 89.46 38.46 36.50 14.50 12/13/2004 23.00 - 46.46.7034.1 GUARANTEED QUAILlTY HOME: 73.91 28.98 25.22 12.89 6.82 32.32.4134.1 GUARANTEED QUALITY HOME~ 43.26 17.70 19.16 3.48 2.92 32.32.4644.1 GUARANTEED QUALITY HOMEE 40.48 17.70 15.40 4.46 2.92 37.37.3324.1 GUARANTEED QUALITY HOMEE 11.20 7.72 3.48 37.37.5030.1 GUARANTEED QUALITY HOMEE 23.69 17.66 3.48 2.55 24.04.1620.7 GUYMON, GREG & ALISON 73.02 41.40 31.62 11/17/2004 100.00 - 33.33.0004.1 H A ANDERSEN 31.56 9.36 8.38 7.40 6.42 08/25/2004 9.90 - 22.50.0286.1 HACKNEY, KATIE 109.40 33.56 37.48 38.36 10/26/2004 49.14 - 29.07.0896.3 HAFER, RUSSELL 102.62 52.29 50.33 11/23/2004 51.18 - ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- councll Page: 6 Standard Payment Customers Dec 14. 2004 05;03pm Current Period; 12/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/20/2004 09/20/2004 08/20/2004 Date Amount 29,07.0992.1 HAGERMAN,DEAN 63.52 32,74 30.78 11/24/2004 32,64 - 37.72.0186.2 HAISLIP, SUZY 69.87 39.87 30.00 11/16/2004 144.41. 36.68.0266.2 HALE. LAWRENCE 90,74 45.36 45.38 10/15/2004 95.30 . 22.50.1512.1 HALL, LEO 107.22 51.65 55.57 11/17/2004 59.19 . 24.04.0694.2 HALL, PAMELA & GLEN 57.86 39.26 18.58 11/16/2004 50.00 . 37.37.3340.1 HALLMARK HOMES 6.17 3.46 2.69 37.37.3310.1 HALLMARK HOMES 6.17 3,48 2.69 30.74.1052.2 HAMILTON, JACQUELYN 66.46 32,74 33.72 11/16/2004 68.22 . 24.04.1790.3 HAMMER, MARCIE 161,15 161.15 05/05/2004 10.00. 23.01.0020.1 HAMMOND OD, THOMAS R 130,48 50.24 60.24 10121/2004 105.16. 20.46.0434.2 HAMMONS, CURTIS & CARLA 92,72 49.07 42.65 1.00 11/16/2004 64.D4 . 35.35.0173.2 HAMPSON, THEODORE & MICHl 77.12 39.05 38.07 10/14/2004 77.84- 22.51.1134.1 HANDY MAT, llC, 15.10 7,55 7.55 10/19/2004 11.31 - 22.51.3001.1 HANDY TRUCK LINES 30.92 30.92 11/02/2004 27.00 - 23.02.5410,4 HANNI NAN, ALAN 79.54 39.12 40.42 1 0/26/2004 43.20 - 30.74.3342.2 HANSARD, DONALD & CARMEN 89.23 43.04 46.19 10/26/2004 13.91 - 30.74.2662.1 HANSEN, DAVID 165.68 73.04 92.64 11/18/2004 67.44 - 20.46.0136.3 HARADA, JAMES 100.54 54.95 45.59 11/10/2004 45.46. 35.35.3036.1 HARDING, MARY 50.44 25.22 25.22 11/10/2004 32.64 - 23.02.0906.1 HARMON, ROBERT K. & R HALL 70,68 40.26 30.42 11/09/2004 50.00 - 23.02.2612.2 HARMON, WilLIAM 51.08 20.64 30.44 10/15/2004 34.26 - 23.02.1530.3 HARPER, JAIME 50.82 48.76 2.06 12/09/2004 49.64 - 20.46.0810.2 HARPER, JAMES 44.98 44.86 .10 11115/2004 38.44 - 37.72.0156.1 HARRIS, CINDI 57.76 57.69 .07 12/06/2004 76.00 - 24.04.0512.3 HARRIS, KATHY, 131.00 44.61 43.63 42,76 11/01/2004 45.00 - 22.50,0218.2 HARWOOD, DONNA l 67.52 35.99 31.53 10/19/2004 31040 - 30.74,0690.2 HATCHER,PENNY 69.32 53,48 35.84 10/15/2004 71.48 - 22.50.2112.2 HAY, CHARLES & ROBERTA 109.94 74,65 35,29 11/17/2004 86.98 ~ 20,46.0260.1 HAYES, MARCIA 59.02 32,23 26.79 10/20/2004 56.26 . 22.50.2036.2 HAYHURST, D. & KIMBREll, M. 59.60 41.62 17.98 36.69,0694,2 HEATON, CHAD & HEATHER 122.16 45.59 76.57 10/20/2004 133.24 . 30.30,6064.2 HELLER, HILLARY 87.65 44.61 43.04 11/02/2004 40.98 - 23.01.2420.1 HENDRICKS, BARBARA 73.00 35,52 37.48 11/16/2004 39.34. 21.21.9118,3 HERMANSON. BRYAN & KARl 66,32 36.37 29.95 11/29/2004 94.80 - 21.21.9114,1 HERMANSON, BRYAN & KARl 70,56 32.93 37.63 11/29/2004 94.15 - 25,05.0220,1 HESSING, WILLIAM 250,38 116.82 131.56 11/22/2004 117.14 - 22,50.0592,2 HIEB, JOHNN 52,94 28.70 24.24 10/19/2004 96.56 - 24.03.0264.2 HILL, TARA 12.02 35.52 36.50 10/22/2004 36,40 - 46.46.6228.2 HINRICHS, KURT & KRISTY 82,16 40.10 42.06 11/09/2004 40.00 - 22.50.4594.3 HINSHAW, TONY & KATHY 84.47 41.62 38.14 4.71 11/16/2004 38,14 - 30.74.0688.3 HISLOP, TOM 59.92 28.96 30.94 10/15/2004 109.70 - 29.07.0996.3 HISLOP, TOM 74.50 37.25 37.25 10/15/2004 78,16 - 23.02.4750.2 HOBBS, MATTHEW 78.72 32.74 45.98 10/14/2004 55,00 - 46.46.6242.2 HOCKMAN, WilLIAM & CAROL 78.24 39.12 39.12 10/19/2004 38,04 - 22.50.3710.1 HODOR, LARRY 93.80 48.64 45,16 11/15/2004 50,94 - 20,46.0356.1 HOLDRIDGE, JOANNE 60.18 59.10 1.08 11/16/2004 96,34 - 22.51.3660.2 HOLLEY, PETER 50.34 37.16 13,18 30.74.1014.3 HOLLOWAY, JERALD K 80.52 39.28 41.24 11/30/2004 41.14- 23.01.2700.3 HOLMES, MICHAEL & lAURIE 77.56 37.32 40.26 1110112004 38.72 - 35.65.0262.1 HOLZER, ERIC 78.24 37.16 41.08 10/27/2004 42.94 . 31.52,1640.1 HON INVESTMENTS 159,86 79.94 79.94 11/12/2004 82.65 - 31.52,1641.1 HONOR PARK LLC 63.80 3,48 60.32 11/12/2004 82.86 - 31.52,1642.1 HONOR PARK LLC 258,16 129.08 129.08 11/12/2004 127.38 - 30.74.0344,2 HOOK, SHIRLEY 53,44 35.52 17.92 12/08/2004 20.00 - 22,50.0680.1 HOOVER, L YND M 79,10 42.76 36.34 10/19/2004 35.26 - ... in Msg column indicates no Notice is to be sent I ( CITY OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Dec 14, 2004 05:03pm Current Period: 12/20/2004 No Delinquenl Minimum AmountDelinquent Balance Last pmt Last pmt Cust No Name Balance Non-Delinq 10/20f2004 09/20/2004 OB/20f2004 Date Amount 22.50.0678.1 HOOVER, L YND M 112.62 69.81 42.81 10f19/2004 41.70 - 30.74.3966.1 HOSAC, JAMES 112.51 46.96 43.04 22.51 10f25/2004 92.74 - 30.30.6128.2 HOUDE, RICHARD & CATHRYN 68.50 34.54 33.96 11129/2004 36.00 . 20.46.0254.2 HOWARD, CHARLES 96.42 51.42 45.00 10118/2004 86.86 - 36.69.1276.2 HOWARD, DONALD & CAROLYN 95.68 95.68 04/21/2004 35.32 - 24.04.2252.1 HOWARD, ERNEST 54.10 54.09 .01 11/29/2004 58.00 - 23.01.0420.1 HOWARD, TREVIS 89.36 62.62 26.74 12/13/2004 80.00 - 22.50.0226.1 HOWELL, JAMES 141.92 75.15 66.77 10/15/2004 292.79 - 35.65.0704.2 HUBBARD, SCOTT & ERICA 44.94 39.28 5.66 11/24/2004 37.38 - 22.51.0714.2 HUMPHREYS, JOHN 56.04 28.98 27.06 11/29/2004 80.00 - 37.37.5034.2 HUNNICUTT, TERRY 48.71 37.16 11.55 22.51.0510.4 HUNT, WESLEY 71.36 35.68 35.68 11/15/2004 35.58 . 36.69.0747.1 HUNTS BLUFF HOMEOWNERS I 129.76 3.48 12.30 11.32 102.66 03/22/2004 6.42- 36.69.0926.2 HUNTTING, DENNIS & RANAE 1,327.98 46.96 94.00 351.26 835.76 09/22/2004 74.30 - 23.02.2850.1 HURSH, ALMA 85.10 43.04 42.06 10/1212004 42.94 - 29.07.1064.1 HYMAS, ARRON 141.86 72.81 69.05 11/2212004 66.44 - 24.03.4001.1 INTERSTATE BATTERY 4.06 .58 3.48 10/19f2004 91.68 - 31.52.0700.1 JABIL CIRCUIT 33.80 22.55 11.25 12/07/2004 133.85 - 23.02.5820.1 JACKSON, ROBERT 36.46 32.74 3.72 11/22/2004 30.00 - 35.65.0648.3 JACKSON, TIMOTHY & TINA 57.32 38.14 19.18 36.65.3112.1 JACOBS, MARIE 98.12 32.74 31.76 33.62 10/19f2004 66.26 - 36.68.0046.1 JACOBSEN, JASON & LIANNA 122.86 65.29 35.29 22.28 11/24/2004 40.00 - 22.50.4506.1 JACOBSON, BETTY B. 48.38 30.50 17.8B 12114/2004 25.94 - 23.23.3012.2 JAEGER, KEVIN & CLAY, TINA ,99.08 64.54 34.54 11/17/2004 83.68 - 35.35.0112.2 JARDINE, JEFFREY '76.04 39.28 36.78 11/16/2004 34.80 - 25.25.0024.1 JEFF MANSHIP ,50.82 31.53 19.29 10/18f2004 90.00 - 22.51.0302.7 JEPSON, MIKE & JAMIE '81.34 36.50 37.48 7.36 10/21/2004 70.00 - 30.74.2532.2 JERYLE MILLER 114.88 41.83 73.05 11/16f2004 70.00 - 20.46.0252.4 JOHANSEN, DALE & JANICE '93.04 50.44 42.60 10/19/2004 46.68 - 25.25.1074.2 JOHNSON, BRETT & MICHELLE 83.66 41.83 41.83 10/20/2004 87.30 - 35.35.3082.2 JOHNSON, ERIC & KRASTEVA. ; 56.98 28.00 28.98 11101/2004 58.78 - 24.04.2148.1 JOHNSON, KEN 70.04 24.24 45.80 10/19/2004 58.44 - 30.74.3642.2 JOHNSON, KEVIN 98.54 49.35 49.19 11116/2004 50.00 - 23.01.2710.2 JOHNSON, MARC 103.00 66.50 36.50 11/17/2004 93.38 - 22.51.4290.1 JONES, BRET 246.31 133.09 113.22 11/12/2004 224.34 - 30.74.0350.2 JONES, DAVID & CONSTANCE 45.88 41.08 4.80 20.47.1036.2 JONES, FAROL 131.91 53.97 42.06 35.88 11/02/2004 80.00 - 35.35.1166.2 JONES, LORETTA 62.54 30.78 31.76 11/02/2004 33.62 - 24.04.1138.2 JONES, NATHAN & SARAH 56.84 30.55 26.29 11/16f2004 100.00 - 22.50.2354.1 JONES, OWEN 61.59 35.33 26.28 11/29/2004 43.42 - 35.35.5029.3 JONES, TRUDY A. 62.60 49.42 13.18 22.50.2122.2 JONES, WES & CINDY 102.88 70.14 32.74 11/17/2004 65.28 - 22.50.2098.3 JONES, WES & CINDY 67.77 49.30 18.47 11/09/2004 124.81 - 24.03.0828.2 JONES, WESLEY & CYNTHIA 74.50 35.29 39.21 10/14/2004 72.28 - 23.01.2720.2 JOY, JENNIFER 90.49 42.06 42.06 6.37 11/24/2004 42.00 - 20.46.0802.4 JUDY, VICTOR 135.52 49.82 41.46 43.24 1.00 09/22/2004 92.20 - 20.46.0840.4 JUDY, VICTOR 37.66 36.97 .69 11/24/2004 107.00 - 46.17.0805.1 KELLY STOVER CONSTRUCTIOI 41.84 37.38 4.46 29.07.0882.1 KERBY, MICHAEL & K FUESS 161.50 80.75 80.75 10/19/2004 81.60 - 32.32.4056.2 KETLlNSKI, KELLI & TY 73.00 36.50 36.50 11/10/2004 36.40 - 23.02.0966.1 KLAR, ROBERT & LILLIE 79.20 31.76 47.44 10/14f2004 48.32 - 25.25.0108.3 KLEIN, RICHARD & DONNA 45.55 37.16 8.39 22.51.3570.4 KNOX, JERRY & NORMA 404.24 61.68 59.72 61.58 221.26 07/19/2004 50.00 - 46.46.6280.2 KNUFF, BRYAN & SHERRI 83.14 41.08 42.06 11102/2004 41.96 - 30.74.3962.2 KOCH, JOSEPH & VILMA 65.49 60.69 4.80 11/10/2004 34.32 - ... in Msg colu mn indicates no Notice is to be sent ( ( \ , CIll' OF MERIDIAN Delinquent Account List. council Page: 8 Standard Payment Customers Dec 14, 2004 05:04pm Current Period: 12/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/20/2004 09/20f2004 08f20/2004 Date Amount 25.25.0106.2 KRELLER, KATHLEEN M 76.14 36.11 40.03 10/26f2004 91.56 - 20.46.0852.1 KRISHNEK, JOHN 89.46 89.46 03/11/2004 31.40 - 35.65.0398.1 KUBENA, TED 48.18 29.80 18.38 11/01/2004 89.55 - 22.50.4642.3 KUGEL, LISA 120.74 51.15 69.59 11/15/2004 91.00 - 36.65.3158.2 KULM. JAMES & WENDY 69.08 34.54 34.54 10/21/2004 75.74 - 30.74.2966.1 KUNARD, LARRY 30.88 30.78 .10 12/06/2004 32.64 - 22.51.0770.1 KURDY, PATRICK 100.48 52.11 48.37 10/19/2004 51.47 - 22.51.0766.2 KURDY, PATRICK 15.10 7.55 7.55 10f19/2004 7.55 - 22.50.1750.1 LACY, MEL 95.98 63.33 32.65 11f17/2004 71.00- 23.01.1950.2 LADD, RONALD & MILDRED 119.67 68.79 50.88 10f19/2004 100.38 - 35.35.5055.2 LAFOND, SUSAN 42.92 21.46 21.46 11/10/2004 24.30 - 20.46.0396.3 LAING, DAVID 86.62 46.52 40.10 10/27/2004 40.98 - 35.35.0144.3 LAMASTERS,TERRENCE 77.48 38.30 39.18 11/24/2004 40.26 - 25.25.0030.1 LANGDON, PATRICK 86.08 43.04 43.04 11/0212004 43.92 - 22.50.4268.2 LANHAM, PATRICE 136.20 91.65 44.55 11/17/2004 55.00 - 23.02.4490.2 LARSON, LEIF 103.70 59.06 44.64 12/14/2004 10.00 - 35.65.0260.2 LARSON, WADE & LAURI 92.34 49.12 43.22 11/17/2004 100.00 - 35.65.0300.1 LAU, TODD 73.98 37.48 36.50 10f19/2004 37.38 - 32.32.4174.2 LAWSON, JAMES & BONNIE 83.53 40.85 42.68 11 f24/2004 42.81 - 22.50.0600.2 LAYTON, JONATHON & FELlCIT 73.50 41.12 32.38 12/07/2004 33.00 - 30.74.1260.3 LEGGETT, CHAD & CHERYL 35.42 33.33 2.09 11 f15/2004 33.20 - 23.01.3250.2 LIDDELL, JOSH & SARA 160.16 65.98 46.96 47.22 10f15f2004 79.82 - 25.25.4012.3 L1EBERG,SUSAN 53.58 26.79 26.79 10f21/2004 . ,;:.26.66 - 24.03.0386.2 LIGHTFOOT, LANCE S.' 136.86 40.10 44.02 44.90 7.84 12f01/2004 . :')40.00 - 22.50.2130.1 LIKES, JENNIFER 119.86 82.24 37.62 11f17/2004 I.,. 60.00 _ 29.07.0772.2 LINCOLN, CHARLES 87.80 56.64 31.16 11/23/2004 ',54.52 - 30.74.3218.3 LINDSEY, STEPHANIE 88.66 43.79 42.81 2.06 11/10/2004 : ;75.00- 22.51.0382.1 LISBY, DOLORES 18.86 11.31 7.55 10/21/2004 ' 11 .31 - 23.02.4070.4 LJ PROPERTIES LLC 44.86 23.41 21.45 I - 10/20/2004 24.39 - 23.02.4080.4 LJ PROPERTIES LLC 31.44 16.21 15.23 10/20/2004 16.21 - 23.02.4100.2 LJ PROPERTIES, LLC 65.46 35.67 29.79 10/20/2004 29.79 - 24.03.0080.3 LLOYD, JARED & AMANDA 76.14 38.07 38.07 10/26/2004 81.76 - 23.01.4080.2 LOUISIANA-PACIFIC CORP 236.41 123.61 112.80 11/24/2004 359.15 - 23.02.6110.2 LOVAN, RICHARD & LAREE 74.96 35.52 39.44 11/01/2004 39.34 - 37.72.0228.1 LOWERY. WILLIAM 95.01 43.47 51.54 10/27/2004 67.22 - 22.50.0142.1 LYNN,DEE 56.86 32.62 24.24 10/26/2004 25.12 - 29.07.0782.1 LYON, DOUG & TRICIA 78.10 39.05 39.05 10/25/2004 76.66 - 23.01.3350.1 MADSEN,LOU 96.02 45.66 50.36 11/12/2004 100.00 - 20.47.0062.2 MAGEE, VALERIA 76.02 41.71 34.31 10f26/2004 37.12- 30.74.3110.2 MAGLECIC, BRIAN 121.08 60.54 60.54 11 f02/2004 59.46 - 22.50.2336.1 MAGNUSON, ERIC 85.50 46.45 39.05 10f19/2004 122.54 - 22.50.1676.4 MAHATHY, ANTHONY 81.70 38.89 42.81 10f19/2004 39.74 - 22.51.0862.2 MAHATHY, ANTHONY 90.86 51.58 39.28 10f27/2004 41.14 - 23.01.3360.1 MAKOVSKY, GERALD & RUTH 104.38 45.82 58.56 10/14/2004 74.14 - 30.74.3618.3 MALOY, JAMES & HARKINS, RO 128.76 88.89 39.87 11f17/2004 88.30 - 30.74.2642.1 MANWARING, MARK 114.26 57.85 56.41 11 f15/2004 65.00 - 23.02.1510.1 MANWARING, MARK 67.40 32.74 34.66 12/13/2004 20.00 - 22.51.0486.1 MARCH, RICHARD 134.28 65.60 68.68 11 f04/2004 83.00 - 24.03.0806.4 MARCUM, CARL & JULIE 83.46 40.10 41.08 2.28 10/19/2004 40.00 - 35.65.0472.1 MARQUARDT, MICHAEL 51.48 51.38 .10 11/22/2004 53.00 - 23.02.2520.3 MARTIN, CRAIG 183.38 51.04 43.20 42.12 47.02 08/23/2004 49.96 - 25.25.0136.2 MARTIN, DAVID & SHERR1E 137.20 82.13 55.07 11/17/2004 56.90 - 30.30.6348.2 MARTINEZ, BRIAN & PARK, SAR 86.85 44.61 42.24 10/29/2004 43.50 - 35.35.1170.2 MARTINEZ, LUIS & VERONICA 77.06 41.83 35.23 11/16/2004 45.00 - 35.64.0020.2 MARTINEZ, RON 115.80 70.42 35.52 9.86 11/18/2004 60.00 - ... in Msg column indicates no Notice Is to be sent { ( , CITY OF MERIDIAN Delinquent Account List. council Page; 9 Standard Payment Customers Dee 14, 2004 05;04pm Current Period: 12/20f2004 No Delinquent Minimum AmounlOelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/20f2004 09/20/2004 08/20f2004 Date Amount 22.50.2424.1 MARTS, DEBI 68.96 38.18 30.78 11/04/2004 30.68 - 32.32.4090.2 MATULONIS, JUDY 49.46 25.22 24.24 10/15/2004 24.14 - 36.69.0100.3 MAUPIN, BRADLEY 87.26 43.63 43.63 1 0/29/2004 42.52 - 35.35.0243.2 MAUS, DOUGLAS & LAURI E 90.00 41.08 48.92 10f19f2004 87.84 - 22.50.1508.1 MAY. RICHARD 172.94 79.12 93.82 12/05f2004 30.74.2902.4 MCBAINE. DONALD 130.26 42.81 43.79 43.66 10f07/2004 43.66 - 30.30.6110.2 MCCAULEY, BRIAN 55.34 41.08 14.26 12/13f2004 20.00 . 23.23.3494.2 MCCOY, MARGI 36.14 35.29 .85 12/14/2004 35.29 - 23.01.0170.2 MCCURDY,NATHAN 83.66 69.87 13.79 11/18/2004 80.52 - 23.02.2586.1 MCCURRY, ARTHUR 53.66 18.50 35.16 10/15/2004 40.57 - 24.03.0314.3 MCDOUGAL, MIKE 75.94 38.30 37.64 10/19f2004 80.00 - 30.30.6054.2 MCEWAN. ROY & LEGGETTE 86.70 42.65 44.05 11/10f2004 44.00 - 24.03.0078.2 MCGINLEY, LOUIS & JULIA 109.16 43.63 42.06 23.47 30.30.6086.2 MCGINNIS, JACOB & REBECCA 65.74 34.31 31.43 11/23/2004 60.00 - 22.51.3246.1 MCKAGUE, RICK 87.21 36.27 37.25 13.69 12/08/2004 8.00 - 24.04.1798.2 MCKINLEY, JAMES A 139.76 29.57 77.21 32.98 10f21/2004 100.00 - 23.02.6270.5 MCKINLEY, JUNE 68.58 63.09 5.49 11/18/2004 61.52 - 23.02.4870.4 MCKINLEY, JUNE 116.61 57.10 59.51 11/16/2004 63.86 - 23.02.0944.1 MCLEOD, ROD 49.63 49.58 .05 11/23/2004 49.53 - 22.50.2126.1 MCMAHAN, BRIAN 76.02 48.64 27.38 11/23/2004 55.00 - 23.02.3892.1 MCNALLEY,RUSSELL 121.90 40.85 41.83 39.22 10/15/2004 60.00 - 22.50.2444.1 MCNITT, STEVE & TRACY 67.36 36.97 30.39 10/19/2004 61 .00 - 23.02.5590.1 MEDENA, RAYMOND 67.96 33.49 34.47 11/16/2004 35.60 - 23.01.2730.1 MELLEN, ANGELA 159.32 93.41 65.37 .54 11/17/2004 104.50 - 21.49.0984.1 MERIDIAN ACADAMY 50.00 50.00 - ; 21.49.0986.1 MERIDIAN SCHOOL DISTRICT 7.95 7.55 .40 11/30/2004 428.27 - 46.46.7105.1 MESSINA VILLAGE - WATER FE, 8.92 5.44 3.48 12/08/2004 3.48- 23.02.2030.1 MEYER, VIRGINIA 61.52 31.74 29.78 10/26/2004 61.56 - 22.50.4032.3 MICHAILOFF, ERNEST 121.70 42.92 36.50 42.28 09/27/2004 97.30 - 31.52.1003.1 MICRON PARKING LOT 6.96 3.48 3.48 11/12/2004 3.48- 22.51.3210.1 MILLER, FRIEDA 86.62 20.48 20.48 22.34 23.32 08/30/2004 25.28 - 30.74.3696.1 MILLER, GREGORY & ERICA 150.58 35.52 84.54 30.52 10/20/2004 65.00 - 24.03.0102.1 MILLER, KENT & JENNIFER 85.94 41.99 43.95 10/18/2004 127.54 - 22.51.0898.1 MINER, GERALD F. 82.04 43.74 38.30 10/15/2004 39.18 - 30.74.2896.3 MINTZ, KEILA & BRIAN 28.82 28.82 09/14/2004 37.94 - 25.05.0636.2 MITCHELL, DARLA 391.19 53.97 116.18 221.04 09/21/2004 209.28 - 24.04.0538.1 MONSON. THOMAS 151.14 57.62 93.52 10/20/2004 138.90 - 23.02.3742.1 MONTGOMERY, DENNIS 71.16 35.52 35.64 11/01/2004 50.00 - 22.50.3856.2 MONTGOMERY, JOSEPH & DOF 130.98 66.05 64.93 10/21/2004 46.76 - 33.33.0001.1 MONTVUE SPINAL CLINIC 9.11 3.48 5.63 37.37.3612.3 MOONEY, BRYAN 85.30 42.65 42.65 10/19/2004 127.56 - 23.02.0942.1 MOORE, DENNIS 73.00 36.50 36.50 11/15/2004 38.36 - 24.04.1634.1 MOORE, RUSSELL C 214.94 20.48 33.22 45.86 115.38 08/03/2004 100.00 - 22.51.4218.2 MOORTGAT, JIM 125.01 61.03 56.13 7.85 36.36.1132.1 MOOSE CREEK BUILDERS 48.95 17.70 17.70 10.07 3.48 08/26/2004 1.68 - 37.37.3302.1 MORGAN CREEK HOMES 8.41 7.40 1.01 24.03.0889.1 MORNING GLORY #2 HOA 31.32 3.48 3.48 3.48 20.88 23.02.3020.2 MORRIS, TRAVIS 66.78 33.88 32.90 10/22/2004 76.38 - 30.74.2666.1 MOSER, CAROLYN 102.94 46.57 56.37 10/22/2004 63.10. 23.01.0076.3 MOUSER, ADRIAN 75.60 33.88 41.72 11/16/2004 88.14 - 23.02.6050.3 MOWLER, JAKE 52.62 41.08 11.54 11/23/2004 50.00 - 24.03.0408.2 MPOYO. MARTIN & JOSEE 113.40 51.31 62.09 10/21/2004 63.92 - 35.65.0384.1 MUCK, JIM 80.46 38.89 39.87 1.70 11f16/2004 40.00 - 30.74.3216.1 MUIR, GRANT 86.26 37.09 49.17 11 f15/2004 60.00 - 25.25.1104.2 MUSTAGOG, ALBERT 71.90 24.01 24.01 23.88 09/2212004 79.28 - ... in Msg column indicates no Notice is to be sent ( ( CITY OF MERIDIAN Delinquent Account list- council Page: 10 Standard Payment Customers Dec 14, 2004 05:04pm Current Period: 12/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pm! Last Pmt Cust No Name Balance Non-Delinq 10/20/2004 09/20/2004 08/20/2004 Date Amount 23.02.6860.1 MYERS, MICHAEL 99.16 49.58 49.58 1110912004 51.44 - 30.74.3654.3 NAGLE, GEORGE & JUDY 87.96 58.00 29.96 11122/2004 61.82 - 30.30.6346.2 NATIVIDAD, DENNIS 10 1.25 37.16 38.14 25.95 25.05.0816.1 NAVA,BENNY 109.14 39.87 69.27 11/09/2004 85.80 - 24.04.1876.2 NEEDS,KATHY 91.50 41.83 49.67 11/1512004 52.48 - 37.37.3030.3 NEILSON, CHRIS & JILL 126.14 47.55 48.92 29.67 11/23/2004 42.94 - 35.65.0450.1 NELSON, MARILYN 98.18 48.60 49.58 10/18/2004 100.92 - 22.50.2150.1 NELSON, RYAN & JILL 98.14 53.74 44.40 10/27/2004 46.18 - 23.01.2000.1 NESBIT, RICHARD & BARBARA 89.02 45.00 44.02 1111012004 52.74 - 24.04.1446.2 NEWBERRY, PAULA 118.46 50.17 68.29 11/1612004 63.76 - 23.02.1990.1 NEWBERRY, RICHARD 82.48 39.28 43.20 10/22/2004 44.08 - 22.50.0034.1 NEWMAN, TIM 58.82 32.62 26.20 11/1512004 53.18 - 22.51.0334.3 NIEHOFF, DENNIS 62.65 41.08 21.57 37.37.4214.2 NIELSEN, CLARK 139.58 46.57 46.57 46.44 09/1512004 107.42 - 30.74.0664.1 NIELSON, STEVE 46.46 31.76 14.70 11/29/2004 54.40 - 22.51.0390.1 NORA, LLC 146.00 29.84 29.84 29.51 56.81 09/07/2004 35.48 - 24.04.1900.2 NYE, KEVIN & ROXANNE 69.41 42.06 27.35 20.47.1224.2 NYLAND, BRIAN & ANGELA 87.10 50.37 36.73 11101/2004 77.00- 30.74.3952.2 OBENCHAIN, TERRY 27.08 26.20 .88 12114/2004 26.20 - 24.04.1260.2 OBENCHAIN, TERRY & ELLOND. 90.26 87.26 3.00 11118/2004 103.88 - 24.04.1598.1 OGAN, JOHN & DAWN 63.66 30.71 32.95 11115/2004 45.00 - 25.25.0078.1 OLIVER CLEAVER 80.73 32.74 36.50 11.49 10115/2004 3.48 - 25.25.0084.1 OLIVER CLEAVER 76.76 44.02 32.74 12/0812004 73.87 - 25.25.0086.1 OLIVER CLEAVER 99.48 17.70 21,46 21.36 38.96 12108/2004 17.31 - 30.74.1475.1 OLMSTEAD,GERALD 51.06 11.32 32.88 6.86 12114/2004 32.88 - 23.01.1210.2 O'NEAL, GEORGE & JANET 64.50 32.74 31.76 11123/2004 31.66 - 35.65.0256.1 OPOLSKI, FRED 59.92 30.94 28.98 11108/2004 :29.86 - 22.50.2258.3 OSTERHOUT,MARLEA 61.44 33.44 28.00 10127/2004 27.90 - 35.35.0063.3 OVERGAARD, JOSH & ALLYN 86.08 43.04 43.04 10128/2004 41.96 - 22.51.3430.2 OVERTON, DAVID 54.36 54.36 07102/2004 56.31 - 37.72.0268.1 OWEN, KENNETH 70.58 35.29 35.29 11123/2004 35.16 - 30.74.3286.1 OWENS, GLENN & VICKI E 51.28 51.15 .13 11116/2004 104.00 - 23.01.3320.1 PACK,RAY 50.35 44.98 5.37 10127/2004 73.34 - 22.50.1770.2 PALMER, ELDON 126.93 83.67 63.28 12/06/2004 60.00 - 25.05.0428.1 PALOMO, ALEX 74.86 38.07 36.79 11/24/2004 40.00 - 32.32.4666.1 PARK HOMES 51.80 17.70 17.70 11.01 5.39 30.74.3044.1 PARRISH, STEVE 50,46 49.35 1.11 12109/2004 53.14 - 30.30.6070.2 PASSANNANTE, DAN & ATHENP 148.04 43.04 62.06 42.94 09/2112004 94.35 - 30.74.3970.1 PATE, ERIC & LINDA 76.14 38.07 38.07 1112212004 40.88 - 22.51.0318.3 PAULIN, BEN 50,44 24.24 26.20 11/1812004 23.08 - 30.30.6084.2 PAYNE,TONY 77.26 38.14 39.12 11/2912004 38.04 - 36.69.0452.2 PERCIFIELD, TIMOTHY & MISTY 85.62 42.81 42.81 11/1612004 82.84 - 24.D4.1326.2 PERRY, JARED & MICHELLE 85.10 42.06 43.04 11/0212004 85.88 - 35.35.1446.2 PETERSON, JAKE & ANN 64.50 31.76 32.74 10/2212004 36.56 - 37.37.4182.1 PETTENGILL, RAY & DEBBIE 117.02 71.60 45.38 .04 11/17/2004 84.04 - 30.74.3518.3 PETTIGREW, JOSHUA 34.34 31.76 2.58 12/07/2004 34.60 - 36.69.0478.1 PHAKDY, SAM 125.76 76.41 49.35 11/17/2004 50.20 - 23.02.3732.4 PHAM, KIMAN 92.30 45.66 46.64 10/21/2004 47.52 - 20.47.1110.3 PIERCE, WILLIAM & LAURA 103.28 54.36 48.92 11/09/2004 93.72 - 22.51.4000.3 PIONEER FINANCE. LLC 195.09 46.53 49.46 46.61 52.49 09/2112004 50.53 - 37.72.0112,4 PLUM, GINGER & LARRY 87.90 38.07 49.83 1011412004 106.54 - 23.02.3340.1 POE, RICHARD 134.02 56.12 77.68 .22 1111612004 81.00 - 23.01.1020.2 PONJEVIC, SENADA 68.32 37.16 31.16 25.25.0054.2 POPEL, LAURIE 55.54 27.77 27.77 11/16/2004 27.64 - 23.02.1840.2 PORTENIER, ROBERT & RACHE 142.10 78.76 63.34 11/2212004 200.00 - ... in Msg column indicates no Notice is to be sent "r-.' r' o CITY OF MERIDIAN Delinquent Account List. council Page: 11 Standard Payment Customers Dec 14, 2004 05:05pm Current Period: 12/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/20/2004 09/20/2004 08/20/2004 Date Amount 22.51.3102.2 PRICE, REBECCA 74.36 36.20 38.16 11/16/2004 71.64 - 35.65.0610.2 PRIMEAUX, MARK & KATRINA 159.86 44.61 45.59 46.44 23.22 11/12/2004 23.22 - 23.02.5340.2 PRIVATSKY, K. & JOHNSTON, TI 134.26 67.72 66.54 10/19/2004 77.86. 20.46.0114.3 PROCHASKA, DARRELL 81.70 48.96 32.74 11/01/2004 31.66 - 31.52.1061.1 PROPERTY GROUP LLC 70.22 3.48 30.92 35.82 09/29/2004 41.70. 23.01.0100.2 PYLICAN, WOODROW A. 131.29 131.29 02/18/2003 45.26 . 24.04.1960.2 QUESNELL, GIL & LESLIE 159.40 43.63 115.77 11/16/2004 99.36 - 32.32.4210.2 QUINLIN, WILLIAM & KATHRYN 83.69 43.04 40.65 11/23/2004 41.08. 31.52.0302.1 R T NAHAS FURNITURE STORE. 148.28 29.55 37.07 37.07 44.59 08/26/2004 96.70 - 30.74.0902.2 RACKHAM,LARRY 67.25 21.47 22.45 23.33 10/1312004 55.20 - 24.04.1838.3 RADICAN, DONALD & CYNTHIA 84.76 35.52 49.24 11/24/2004 98.00 - 31.52.1002.2 RAFANELLI & NAHAS 383.50 191.75 191.75 10/28/2004 133.55 - 24.04.2074.1 RAMZA, RONALD 37.98 36.50 1.48 11/16/2004 80.24 - 30.74.3420.3 RANSOM, PATRICIA 107.04 75.00 32.04 11/30/2004 100.00 - 30.30.6222.2 RASMUSSEN, TONYA 78.24 39.12 39.12 10/29/2004 40.98 . 23.23.3490.2 RAYBORN, ROBERT 75.22 35.52 35.52 4.18 10/12/2004 65.00 . 30.74.0412.4 REED, ANGELA 86.46 32.74 33.72 20.00 10/29/2004 54.10 - 23.02.5600.1 REEDER. SHAWN & WENDY 69.32 50.56 18.76 11/08/2004 100.00 . 30.74.0392.2 REES,ARTHUR 105.96 32.74 36.66 36.56 09/16/2004 90.76- 23.02.0770.1 REMLlNG, RODNEY 92.48 42.81 49.67 10/15/2004 52.48 . 24.04.0542.2 RES, SHAWN 71.04 36.50 34.54 10/19/2004 66.92 - 37.37.3118.2 RICE, JAMES & L1ZETTE 309.32 41.02 42.52 225.78 06/30/2004 123.26 . 32.32.4170.2 RICHARDS, MICHAEL & SUZIE 85.10 43.04 42.06 09/17/2004 85.88 - 22.51.3154.5 RICKORDS, SHANNON 98.84 54.91 43.93 11/18/2004 75.00 - 30.74.3302.2 RIEBE, DEANA 60.20 40.10 20.10 12/10/2004 20.00 - 22.50.0306.2 RITTENHOUSE, CRAIG 601.73 127.06 226.58 248.09 10/26/2004 25.00 - 37.75.0110.1 ROARING SPRINGS ';1 433.26 8.38 424.88 11/02/2004 1,549.98 - 37.75.0112.1 ROARING SPRINGS WATER PAl 221.90 15.07 206.83 11/02/2004 660.07 - 22.50.0256.2 ROBBINS, ELLEN 48.36 40.26 8.10 11/22/2004 70.00 - 35.65.0338.2 ROBBINS, MARJORY 54.56 26.79 27.77 10/15/2004 27.64 - 37.37.4220.2 ROBERTS, ALLEN 80.72 37.91 42.81 10/19/2004 41.70 - 36.69.0078.2 ROBERTS, BRYAN & DARICE 65.48 32.74 32.74 11/04/2004 32.64 - 22.51.3300.1 ROBERTS, DAVID 99.80 28.98 58.38 12.44 10/28/2004 100.20 - 24.03.0848.1 ROBERTS, TODD 78.46 38.30 39.28 .88 12/06/2004 39.28 - 25.05.0164.1 ROBINSON, CAL & COLLEEN 143.48 63.41 80.07 11/16/2004 81.90 - 30.74.3210.1 ROBINSON, LONNIE 82.68 41.83 40.85 10/18/2004 84.38 - 37.37.3224.1 ROCKY RIDGE HOMES 21.56 21.46 .10 12/10/2004 17.60 . 30.74.0406.4 RODGERS, ANGIE 84.12 43.04 41.08 11/10/2004 44.90 - 35.35.1222.2 ROHNBACH, DAVID 137.68 45.43 45.43 46.28 .54 09/16/2004 83.00 - 22.50.0130.1 ROSARIO, SONYA 87.92 48.64 39.28 10/14/2004 80.32 - 36.69.0544.2 ROSS, PATRICIA 39.96 39.94 .02 11/30/2004 50.72 - 35.35.3028.1 ROTIA, JOE & DARCIE 300.51 46.96 45.98 51.44 156.13 06/16/2004 200.00 - 31.52.0269.2 ROUND TABLE PIZZA 454.92 3.48 28.96 112.26 310.22 03/10/2004 13.40 - 35.35.0058.2 ROWETT, BOB & DANA 90.66 45.59 45.07 11/16/2004 45.00 - 31.52.1644.1 ROY ENTERPRISES LLC 227.56 117.54 110.02 11/10/2004 120.25 - 31.52.1643.1 ROY ENTERPRISES LLC 88.30 7.40 80.90 11/10/2004 66.20 - 20.47.0074.2 RUMSEY, PHILIP & JENNIFER 101.98 56.16 45.82 11/1712004 91.44 - 23.23.3458.2 RUPERT, DAN 50.44 26.20 24.24 10/19/2004 25.12 - 36.69.1076.1 RUPERT, DAVID & LAURIE 128.02 64.39 63.63 10/19/2004 102.00 - 22.50.0742.5 RUSSELL, MARK 59.38 42.60 16.78 32.32.4020.2 RUTHS,GARY 81.18 41.08 40.10 11/03/2004 59.68 - 32.32.4116.1 RUWE CONSTRUCTION 3.93 3.48 .45 32.32.4200.1 RUWE CONSTRUCTION 3.93 3.48 .45 23.02.3180.1 RYAN, WALTER 109.15 34.70 39.60 34.85 10/1 9/2004 70.00 - 22.50.0090.1 SABA. VIRGINA 142.70 78.97 63.73 11/23/2004 47.06 - ... in Msg colu mn indicates no Notice is to be sent i ( , CITY OF MERIDIAN Delinquent Account List- council Page: 12 Standard Payment Customers Dee 14, 2004 05:05pm Current Period; 12/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non.Delinq 10/20/2004 09/20/2004 08/2012004 Date Amount 25.05.0732.3 SACKETT, KURT & LAURA 56.12 38.14 17.98 32.32.4636.1 SAGELAND HOMES 17.80 17.70 .10 11/24/2004 17.60- 30.74.3432.2 SAGER, LEE & NAOEAN 85.62 42.81 42.81 11/30/2004 45.62 - 35.65.0700.3 SAUNDERS, FRANKLIN & MIRIAI 81.49 38.14 43.35 30.74.2890.3 SCHAFFER, ROBERT 116.02 58.99 57.03 11/04/2004 55.92 - 23.02.2270.4 SCHIMPF. FRED 34.60 34.31 .29 11/23/2004 35.00 - 23.02.0600.1 SCHLEKEVVAY, ALOYS 156.40 80.65 75.75 10128/2004 77.51 - 23.02.1690.4 SCHLEKEVVAY,ALOYS 43.90 21.46 22.44 10/28/2004 26.26 - 23.02.0580.1 SCHLEKEVVAY, BUSTER 65.48 32.74 32.74 10/28/2004 32.64 - 23.02.0590.1 SCHLEKEVVAY, BUSTER 56.98 28.00 28.98 10/28/2004 31.82 - 30.74.2828.3 SCHMECKPEPER, BRANDON & 83.14 41.08 42.06 12/13/2004 45.88 - 23.02.0110.4 SCHMECKPEPER,MERLYN 48.52 25.38 23.14 11/1712004 67.52 - 22.51.3720.2 SCHOVV. BART & ALISSA 134.20 39.28 89.28 5.64 10/26/2004 145.38 - 37.37.5056.1 SCHROEDER ENT 61.79 17.70 17.70 17.60 8.79 46.46.7060.1 SCHROEDER ENT 50.82 17.70 21.46 8.18 3.48 23.02.0082.1 SCHROEDER, JOHN T 12.67 12.11 .56 29.07.0984.1 SCOTT, JASON 61.10 30.55 30.55 10/15/2004 119.86 - 24.04.2294.3 SCOTT, STEVEN & LORI 174.48 100.77 73.71 11/17/2004 92.20 - 23.01.2040.1 SEAMONS, DOUGLAS 101.04 65.52 35.52 11/17/2004 71.82 - 30.74.2718.2 SELLS, DAVID 83.66 41.83 41.83 11/16/2004 89.76 - 34.34.6200.1 SHADOVV MOUNTAIN 27.82 13.91 13.91 23.02.2930.1 SHARP, LEE 54.66 26.84 27.82 10/15/2004 29.31 - 36.69.1332.3 SHARTS, DOLORES/ROBERT, K 107.64 45.98 61.66 10/15/2004 81.16 - 37.72.0202.1 SHAVV, MICHAEL &. ELLEN 160.84 76.99 83.85 _-. I 11/02/2004 81.76 - 29.07.1072.3 SHEETS, RONALD & RHONDA 132.94 44.02 44.02 44.90 09/21/2004 41.96 - 30.74.0322.2 SHELDON, PAM 110.94 29.08 57.00 24.86 11/03/2004 50.00 - 36.65.3092.7 SHELLEY, RALPH & DIXIE 38,36 37.16 1.20 30.74.3242.1 SHEL TRON, ROGER 133.82 50.92 82.90 11/16/2004 52.72 - 22.50.1902.2 SHEL TROVVN, ROGER & BONN II 58.40 41.62 16.78 32.32.4950.1 SHOEMAKER, FRANK & HELEN 73.52 37.25 36.27 10/25/2004 74.24 - 25.09.0002.1 SHUR-LUCK HOMES 15.82 10.60 3.48 1.74 25.09.0038.1 SHUR-LUCK HOMES 34.30 17.70 13.12 3.48 25.09.0058.1 SHUR-LUCK HOMES 38.06 17.70 16.88 3.48 25.09.0040.1 SHUR.LUCK HOMES 34.30 17.70 13.12 3.48 25.09.0006.1 SHUR.LUCK HOMES 15.82 10.60 3.48 1.74 24.03.0292.1 SHURTZ, ROD 161.34 61.61 99.73 11/1712004 105.00 - 30.74.3096.1 SIGMOND. SERGIO 158.70 80.33 78.37 11/17/2004 131.38 - 37.37.3896.2 SISK, DONALD 99.12 49.12 50.00 11/24/2004 43.00 - 23.02.0380.1 SKIVER, VVAYNE 0 143.25 20.30 41.57 81.38 08/17/2004 40.59 - 25.25.4052.2 SLATER, LINDSAY 69.40 35.68 33.72 10/19/2004 78.02 - 23.02.3962.4 SLENDER, LEONARD & BOSVVEI 30.94 30.78 .16 12/06/2004 34.75 - 30.74.1118.2 SLYTER, GORDON 104.44 73.10 31.34 11/29/2004 30.00 - 30.74.3638.1 SMITH, CELlSE 72.02 36.50 35.52 10/27/2004 72.80 - 36.69.0862.2 SMITH, JOHN & MARY 135.32 67.17 68.15 11/15/2004 98.02 - 29.07.0786.2 SMITH, JUDY 45.00 44.02 .98 11/16/2004 43.04 - 22.51.0498.1 SMITH, KARL 136.06 48.92 45.98 41.16 10/19/2004 60.00 - 30.74.3178.1 SMITH. TYLER & JANET 76.14 38.07 38.07 11/16/2004 83.72 - 29.07.0910.1 SMITH, VON 64.50 32.74 31.76 11/02/2004 33.62- 24.03.0836.3 SOSA. JOSEPH 51.90 45.00 6.90 11/30/2004 45.00 - 23.02.0900.2 SOUZA, JR., VVILLIAM 82.48 40.26 42.22 10/20/2004 74.44 - 23.02.0180.2 SPANGLER, STEVE 98.93 17.19 81.74 07/0812004 55.80 - 22.50.2382.2 SPARKS, BRIAN 104.94 62.54 42.40 11/0812004 65.82 - 36.36.0182.2 SPARKS,HEATHER 72.26 42.06 30.20 11/16/2004 55.00 - 23.02.1480.6 SPEAR, LAVVRENCE & ANDREA 149.75 62.02 86.49 1.24 36.68.0010.3 SPEISER, JEFF & MARGARET 90.14 45.59 44.55 11/23/2004 40.00 - '" in Msg column indicates no Notice is to be sent i ( CITY OF MERIDIAN Delinquent Account List- council Page: 13 Standard Payment Customers Dec 14, 2004 05:05pm Current Period: 12/20/2004 No Delinquent Minimum AmounlDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 10/20/2004 09/20/2004 08120/2004 Date Amount 24.04.7001.1 ST ALPHONSUS 267.64 3.48 264.16 12/14/2004 283.76 - 46.60.0068.1 STACY CONSTRUCTION 58.08 22.59 26.35 9.14 09/21/2004 5.44- 24.03.0426.2 STAGGERS,PERRY 434.86 28.72 73.08 333.06 09/08/2004 100.00 - 23.02.2170.2 STALFORD, SHANNON 70.58 35.52 35.06 11/16/2004 82.00 - 30.74.2596.1 STARR, SONI 149.12 67.83 81.29 11/15/2004 48.00 - 30.30.6334.2 STEELE, STEVEN & DEBBIE 124.52 46.57 77.95 11122/2004 48.00 - 30.30.6294.2 STEPHENSON, MICHAEL 62.34 37.16 25.18 30.30.6268.1 STETSON HOMES 42.05 20.25 21.80 10/26/2004 10.90 - 20.46.0100.2 STEWART, LARRY & RONDA 102.50 56.91 45.59 11/02/2004 45.46 - 35.35.0415.3 STICE, CRAIG & MARY 74.84 40.85 33.99 09/17/2004 41.14 - 20.47.0036.1 STICKLEY, DANIEL 68.96 38.18 30.78 10/14/2004 30.68 - 22.51.3104.2 STODDART, TIFFANY 33.80 32.44 1.36 10/27/2004 65.10 - 32.32.4104.2 STOFFLE, ERIC & ANDREA 45.43 40.10 5.33 12/14/2004 40.10 - 20.47.1072.2 STONE, CHAD 124.16 47.66 37.32 39.18 10/05/2004 39.18 - 22.50.4482.3 STONE, HAROLD 77.14 42.10 20.64 14.40 1110212004 111.94- 23.02.0436.4 STOVALL, THOMAS 145.01 42.06 52.84 42.94 7.17 22.51.0938.5 STRATE,EUGENE 71.14 39.26 31.88 11115/2004 85.00 - 22.05.0004.1 STRICKLAND OFFICE BLDG 5.39 3.48 1.91 30.74.0716.1 STUBBLEFIELD CONST ACORN 409.74 210.75 198.99 11/0212004 198.99 - 23.23.0001.1 STUBBLEFIELD DEV. CO 154.94 12.30 142.64 11/16/2004 388.62 - 23.23.0002.1 STUBBLEFIELD DEVELOPMENT 935.26 433.85 476.41 25.00 11/16/2004 421.28 - 24.04.1456.4 SULLAN, AMARJIT & SUKHVIND 87.06 43.04 44.02 22.51.1129.1 SWCR CORP 514.66 243.12 271.54 12108/2004 ;':t" 608.50 - 22.51.3288.1 TAHOE CONSTRUCTION 86.60 18.83 18.83 26.35 22.59 08/24/2004 (.' ,~ 30.11 - 22.51.3286.1 TAHOE CONSTRUCTION 45.24 15.07 11.31 7.55 11.31 08/24/2004 18.83 - 22.51.3284.1 TAHOE CONSTRUCTION 82.84 7.55 26.35 22.59 26.35 08/24/2004 . e-: 30.11 - 30.74.3244.3 TENA,PEDRO 60.41 43.63 16.78 20.47.0052.4 TENNANT, ROBERT & CONNIE 154.40 57.30 43.04 44.90 9.16 11/18/2004 100.00 - 23.02.1190.1 TERRELL, A 90.46 61.76 28.70 11/30/2004 60.00 - 20.46.0402.1 TESAR, TRACI 56.92 56.91 .01 12114/2004 46.56 - 29.57.0104.1 THE PERFECT CUP 30.14 15.07 15.07 11/0212004 30.14 - 23.02.2550.7 THOMAS, DREW 73.29 38.14 35.15 11/16/2004 40.00 - 23.01.0820.1 THOMPSON, JAMES 56.00 28.00 28.00 10/13/2004 28.88 - 22.50.2110.2 THOMPSON,RHONDA 169.50 90.90 78.60 11/17/2004 50.46 - 36.68.0104.1 THOMSON, SCOTT 74.18 37.09 37.09 10/27/2004 37.94 - 25.09.0052.1 THORNTON, DON 44.24 17.70 17.70 5.36 3.48 35.35.5026.2 THORNTON, NIKKI 72.74 35.36 37.38 11/30/2004 40.00 - 46.46.6246.2 THRONEBERRY, BRIAN & KATH 76.55 45.59 30.96 23.02.5360.1 TIDWELL, ROBERT 54.50 34.54 19.96 11/23/2004 50.00 - 37.37.5044.2 TILMANT. JOSEPH & MERLE 51.10 39.12 11.98 34.34.5014.1 T-MOBILE 2,697.65 787.79 748.99 730.19 430.68 12108/2004 748.99 - 23.01.0720.4 TODD, BRUCE 87.06 40.10 46.96 11/24/2004 41.96 - 23.02.2200.3 TODD, RICK 63.52 31.76 31.76 11/29/2004 31.66 - 37.72.0144.2 TOMLINSON, DARRELL & L1NDI 89.61 42.65 46.96 10/26/2004 59.27 - 22.50.4022.3 TORGESON, MATTHEW 102.08 39.32 29.96 32.80 10/12/2004 35.74 - 30.74.2464.1 TOWN, NEAL 123.86 55.07 68.79 11/16/2004 65.72 - 23.02.3510.1 TRAVIS, HANSEN 94.17 46.62 47.55 10/19/2004 107.00 - 21.48.2693.1 TREASURE VALLEY BUS CTR 418.12 3.48 62.28 40.72 311.64 11/12/2004 40.72 - 23.02.5060.2 TRIBFELNER, MARK & YVETTE 76.92 35.52 41.40 10/19/2004 46.20 - 30.74.2386.2 TUPPER, PAXTON & APRIL 108.16 46.73 61.43 11/23/2004 63.26 - 24.03.0348.3 TURNER,MARCY 88.04 43.04 45.00 11/2912004 44.90 - 22.50.4522.1 UGARRIZA, SHELBY 88.10 41.87 46.23 10/22/2004 102.04 - 20.46.0638.2 VAN AMBURG, GLEN 73.86 41.12 32.74 10/27/2004 32.64 - 22.51.1144.2 VANCE, JIM & DERRIAN 76.68 76.68 35.35.6022.2 VANDERLAAN, RUDOLPH & AN~ 51.48 51 .4 7 .01 11/02/2004 55.38 - ... in Msg column indicates no Notice is to be sent i ( '. CITY OF MERIDIAN Delinquent Account List. council Page: 14 Standard Payment Customers Dec 14, 2004 05:05pm Current Period: 12/20f2004 No Delinquent Minimum Amou ntDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 1 0/20f2004 09f20/2004 08/20/2004 Date Amount 25.25.1088.2 VANDEVENTER.DARREL 137.36 44.84 46.80 45.72 10/01/2004 42.78 - 22.51.4070.1 VASCO PROPERTIES 1 ,596.37 542.15 523.35 530.87 09/22f2004 530.87 - 20.47.1124.2 VASSIN. SERGEY & TATYANA 132.44 52.40 43.04 37.00 11/10/2004 4.96 - 24.03.0030.2 VERHEIJEN, ERIC& CHRISTIE 82.75 42.85 40.10 10f12/2004 70.00 - 30.30.5020.1 VHB LLC 5.02 4.46 .56 30.30.5024.1 VHB LLC 5.02 4.46 .56 30.30.5018.1 VHB LLC 5.02 4.46 .56 30.30.5022.1 VHB LLC 4.04 3.48 .56 23.01.0430.1 VICK, JON 85.68 42.84 42.84 10f14/2004 22.74. 23.02.1860.3 VICTORY. CHRISTOPHER 107.50 71.01 36.49 11f17/2004 100.00 - 22.51.4350.1 VIKING INDUSTRIAL SYSTEMS 231.53 109.98 121.55 11/30f2004 150.00 - 22.51.3094.2 VNUK, JOHN 67.16 28.68 38.48 11/03f2004 50.00 - 24.03.0284.3 WADDELL. WILLIAM & ELEANOF 41.10 41.08 .02 12/14/2004 65.00 - 23.02.1430.4 WADDOUPS, DOROTHY 52.44 24.24 24.24 3.96 11/16/2004 60.00 - 35.35.5017.2 WAGEMAN. CLINT 140.80 53.34 87.26 10/20/2004 109.42 - 23.01.2310.2 WALKER. BETTE 78.42 38.23 40.19 11/08/2004 40.02 - 20.46.0860.2 WALMER, TAMMY JO 92.04 52.17 39.87 10/25/2004 74.58 - 23.01 .3340.1 WALSH, RON 138.52 136.52 01/16/2002 29.17. 37.37.2960.2 WARD, GARY & BILLIE 75.16 38.07 37.09 10/19/2004 36.96 - 25.25.4528.2 WARD, JENNIE 48.66 48.66 02/10/2004 86.64 - 20.46.0540.3 WARNER. DENNIS & NICOLE 88.58 48.48 40.10 11/03/2004 41.96 - 23.01.0260.1 WATSON, PAUL D. 71.36 35.68 35.68 11/16/2004 36.56 - 24.03.0302.2 WATTS, MELVIN & SONDEE 84.66 41.83 42.83 11/16/2004 42.00 - 22.50.4550.3 WEBB, ASHLEY 90.54 47.50 43.04 10/19/2004 61.56 - 23.02.6080.1 WEBB, GERALD 106.22 31.53 36.43 38.26 11/0212004 46.10 - 22.51.3310.2 WEBB, MICHAEL 84.74 42.86 41.88 10/22/2004 3.71 - 23.02.1350.2 WEBER, JOHN J 80.20 40.10 40.10 10/25f2004 89.80 - 23.02.3390.1 WELKER, IDA 96.38 50.74 45.84 11/10f2004 47.13 - 24.04.2240.1 WERRIES, DARRELL 102.60 39.05 63.55 10/19/2004 173.88 - 23.01 .1110.2 WEST. JONI 81.42 26.20 55.22 10/20/2004 90.06 - 22.50.4530.2 WEST. ROBERT & JONI 112.94 78.80 34.14 11/17/2004 60.00 - 30.74.3122.1 WESTERBERG, STEVEN 80.06 41.01 39.05 11/23/2004 40.88 - 35.35.0087.2 WHEELER, JOSHUA & HEIDI 102.38 81.83 40.55 11/16/2004 42.00 - 24.04.1922.3 WHEELER, JUDY 61.34 42.65 18.89 11/29/2004 50.00 - 30.74.0064.2 WHITSITT, JOSEPH 138.36 92.82 45.54 11/17/2004 80.00 - 30.74.3830.3 WHITTEKIEND, GERAD & ANGEl 85.30 42.65 42.85 1O/22f2004 42.52 - 24.04.1788.3 WIEDERICH, LARRY 109.16 35.29 73.87 10/21/2004 55.00 - 30.74.3708.3 WILBURN, STEVEN 118.68 39.05 41.01 38.62 10/29/2004 30.00 - 35.35.1464.2 WILES, DENISE 57.96 28.98 28.98 10/29/2004 27.90 - 23.01.1468.3 WILEY, DIANE 125.40 94.85 30.55 11/23f2004 63.79 - 36.68.0042.3 WILLIAMS, SCOTT & ANDREA 84.44 43.20 41.24 11/01/2004 40.16 - 22.50.4036.2 WILLIAMS, SHELLlE 98.20 53.97 44.23 11/24/2004 95.00 - 29.07.0880.2 WINKLER, GREG 72.84 37.48 35.36 11/16f2004 71.00 - 23.01.2010.1 WISDOM. RICK S 85.42 39.28 46.14 10/19f2004 105.80 - 25.25.1086.3 WISSER, RICK & CATHY 70.20 44.61 25.59 11/16f2004 66.44 - 2D.47.1204.2 WIXSON, RYAN 96.38 60.01 36.37 11/30f2004 55.00 - 22.50.1666.1 WOLFE, NELLIE 48.14 17.70 30.44 10/26f2004 35.24- 24.04.1560.1 WOOD, JONATHAN 87.58 41.83 45.75 11/16/2004 51.50 - 30.74.1028.8 WOOD, MARK 88.56 39.87 48.69 10/19/2004 49.54 - 35.35.0049.2 YEAGE,JOEL 86.22 43.63 42.59 11/10f2004 45.00 - 30.74.0372.3 YELTON, LAURA 166.47 50.40 75.30 40.77 10/05f2004 21.29 - 36.68.0158.1 YOKOM, TOM 93.82 50.65 43.17 11/30f2004 25.00 - 23.02.0660.3 YOUNG, AUSTIN 60.82 30.41 30.41 11/02/2004 30.00 - 23.02.0650.2 YOUNG, AUSTIN L 77.46 37.11 35.15 5.20 11/17/2004 20.00 - 32.32.4100.2 YRAGUEN, JOHN & NICOLE 88.70 44.84 43.86 11/03f2004 88.50 - ... in Msg column indicates no Notice is to be sent (' CITY OF MERIDIAN Delinquent Account List- council Standard Payment Customers Current Period: 12/20/2004 No Delinquent Minimum AmountDelinquenl Balance Page: 15 Dec 14,2004 05:05pm Last Pmt Last Pml CustNo Name Balance Non-Delinq 10/20/2004 09/20/2004 08/20/2004 Dale Amount 22.50.3784.1 ZAVALA, JOSE 135.28 72.92 35.52 26.84 11/23/2004 50.00 - 24.04.0848.2 ZIMMERMAN, BRAD 91.18 45.59 45.59 11/01/2004 91.90 - Grand Tolals: 89,964.51 37,463.78 40,501.04 6,224.08 5,775.61 Report Criteria: Terminated customers not included Customer.Cust No 0 = {<} 880000001 Customer.BiII Cycle = 1 ... in Msg column indicales no Notice is 10 be sent ~, RECEIVED DEe 1 4 2004 City of Meridian City Clerk Office - LETTER OF COMMITMENT IN SUPPORT OF LEVY OVERRIDE ELECTION FOR THE OPERATION OF ADA COUNTY EMERGENCY MEDICAL SERVICES THIS AGREEMENT is entered into this _ day of , 2004 by and between Ada County and Ada County Ambulance District and its Emergency Medical Services Department, the City of Boise and its Fire Department, the Eagle Fire Protection District, the Star Joint Fire Protection District, the Kuna Rural Fire Protection District, the North Ada County Fire Rescue, the City of Meridian and its Fire Department, the Meridian Rural Fire Protection District, and Whitney Fire Protection District. The parties identified are collectively referred to herein as the "Parties." WHEREAS, Ada County operates Ada County Emergency Medical Services ("EMS") an ambulance taxing district organized under Idaho Code ~ 31-3908; and WHEREAS, The recent changes to Federal laws under Medicare created an environment wherein the ambulance providers no longer have the ability to recover the balance of a bill not paid by Medicare from apatient, and along with similar changes by Medicaid and other insurance providers it has been represented by ("EMS") has resulted in EMS losing more than 20% oftheir-gross revenue annually since April 2002, when the rules went into effect; and . WHEREAS the demand for service by EMS continues to increase annually; WHEREAS, the Board of Ada County Commissioners commissioned the Ada County Emergency Medical Services Blue Ribbon Task Force in November 2003 to study in depth the current emergency medical services system in Ada County with a specific emphasis on the financial impact that the drastic changes to the Medicare system by the federal goverrunent has had on Ada County and their ability to provide public safety services to citizens; WHEREAS, the Task Force looked at many options for increasing funding to Ada County EMS as a self-supporting ambulance district including actively supporting a bill sponsored by the Idaho Association of Counties in the 2003 and 2004 Idaho State Legislature to allow for ambulance districts to increase their levy to the level currently allowed by statute and mandates taxpayer approval of the tax levy increase at a supermajority level and such bill failed; and LETTER OF COMMITMENT IN SUPPORT OF LEVY OVERRIDE ELECTION FOR THE OPERATION OF ADA COUNTY EMERGENCY MEDICAL SERVICES PAGE 1 WHEREAS, In the event alternative sources of funding could not be realized to fund the budgetary short falls, the Task Force unanimously recommended that the current Ada County "Emergency Medical Services" District be dissolved and created pursuant to Idaho Code 931-3908; and WHEREAS, Ada County Commissioners are considering a resolution to dissolve the current "Emergency Medical Services" district and a petition from taxpayers to create a new district pursuant to Idaho Code ~ 31-3908; and WHEREAS, several cities and fire districts have requested Ada County to consider their proposals in cooperation for the provision of emergency medical services in Ada County as they believe that an override of the taxing levy limitations would be an effective way for Ada County Commissioners to solve their financial concerns for the Emergency Medical Services; and MlEREAS, Ada County Commissioners are willing to consider asking the voters of Ada County for a temporary override of the taxing levy for the Emergency Medical Services district pursuant to Idaho Code ~ 63-802(3) under certain conditions as a temporary override will not provide a permanent solution to the funding problem as it would not adequately address the issue as ongoing costs for equipment and personnel continue to increase because of the increased demand for service; and WHEREAS, Ada County Commissioners desire to pursue the option of -- ~~- -~-,~-_.._~-~~~-- ~ consolidation of fire and emergency medical services. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. Support of Override Election. The undersigned agree to assist as best they can in providing facilities for override election polls and election staffing assistance as allowed by law and at the discretion of the governing board for the EMS override election in calendar year 2005. 2. Legislative Cooperation. The undersigned agree to cooperate and actively s1,lpport the passage of legislation to allow an ambulance district to increase the mill levy of the district up to the level currently allowed by statute with taxpayer approval of the tax levy increase at a supermajority level, and as determined and recommended by and through the EMS COORDINATION PLANNING AGREEMENT ADA COUNTY LETTER OF COMMITMENT IN SUPPORT OF LEVY OVERRIDE ELECTION FOR THE OPERATION OF ADA COUNTY EMERGENCY MEDICAL SERVICES PAGE 2 _.- [A Joint Exercise of Power Agreement], legislation to create an option for taxpayers to vote to consolidate emergency medical and fire services within a county. 3. Independent Review of Emergency Medical Services Department and Fire Services for Efficiencies. The undersigned agree to allow for an independent third party review of all emergency medical and fire services within Ada County for efficiencies. 4. Emergency Medical and Fire Service Study Committee. The undersigned agree to enter into the EMS COORDINATION PLANNING AGREEMENT ADA COUNTY [A Joint Exercise of Power Agreement] which will establish a committee "EMS Planning and Service Coordination Committee for Ada County" to be fonned immediately to review any proposed efficiencies of service within the current structure of EMS and fire service. The proposed EMS COORDINATION AND PLANNING AGREEMENT may include an independent third party who shall act as the committee facilitator and shall be a non-voting member of the committee. The proposed Agreement may include an Ada County citizen as an at-large member. The "EMS Planning and Service Coordination Committee for Ada County" shall also review any proposed plan for consolidation and make recommendations to the Parties to the EMS COORDINATION PLANNING AGREEMENT ADA COUNTY. IN WITNESS WHEREOF, this commitment is executed on the date indicated below. ADA COUNTY/AND FOR ADA COUNTY AMBULANCE DISTRICT By: Dated: Judy Peavey-Derr Chairman CITY OF BOISE By: Dated: David H. Bieter Mayor LETTER OF COMMITMENT IN SUPPORT OF LEVY OVERRIDE ELECTION FOR THE OPERATION OF ADA COUNTY EMERGENCY MEDICAL SERVICES PAGE 3 . CITY OF MERIDIAN By: Dated: Tammy DeWeerd Mayor NORTH ADA COUNTY FIRE RESCUE By: Dated: Chair KUNA RURAL FIRE PROTECTION DISTRICT By: Dated: Chair EAGLE FIRE PROTECTION DISTRICT By: Dated: Chair STAR JOINT FIRE PROTECTION DISTRICT By: Dated: Chair MERIDIAN RURAL FIRE PROTECTION DISTRICT By: Dated: Chair "WHITNEY FIRE PROTECTION DISTRICT By: Dated: Chair Z:\Work\K\Kuna Fire [9787\ambulance district matters\LETIER OF COMMITMENT IN SUPPORT OF LEVY OVERRlDE ELECTION.doc LETTER OF COMMITMENT IN SUPPORT OF LEVY OVERRIDE ELECTION FOR THE OPERATION OF ADA COUNTY EMERGENCY MEDICAL SERVICES PAGE 4 . LETTER OF COMMITMENT 11~ SUPPORT OF LEVY OVERRIDE ELECTION FOR THE OPERATION OF ADA COUNTY EMERGENCY MEDICAL SERVICES THIS AGREEMENT is entered into this _ day of , 2004 by and between Ada County and Ada County Ambulance District and. its Emergency Medical Services Department, the City of Boise and its Fire Department, the Eagle Fire Protection District, the Star Joint Fire Protection District, the Kuna Rural Fire Protection District, the North Ada County Fire Rescue, the City of Meridian and its Fire Department, the Meridian Rural Fire Protection District, and Whitney Fire Protection District. The parties identified are collectively referred to herein as the "Parties." WHEREAS, Ada County operates Ada County Emergency Medical Services ("EMS") an ambulance taxing district organized under Idaho Code ~ 31-3908; and WHEREAS, The recent changes to Federal laws under Medicare created an environment wherein the ambulance providers no longer have the ability to recover the balance of a bill not paid by Medicare from a patient, and along with similar changes by Medicaid and other insurance providers it has been represented by ("EMS") has resulted in EMS losing more than 20% of their gross revenue annually since April 2002, when the rules went into effect; and . WHEREAS the demand for service by EMS continues to increase annually; WHEREAS, the Board of' Ada County Conimissioners .co:rm1iissioned ~theAda County Emergency Medical Services Blue Ribbon Task Force in November 2003 to . - _ ,__ '.._'-'--'--r---T, ~. . _. study in depth the current emergency medical services system in Ada County with a specific emphasis on the financial impact that the drastic changes to the Medicare system by the federal government has had on Ada County and their ability to provide public safety services to citizens; WHEREAS, the Task Force looked at many options for increasing funding to Ada County EMS as a self-supporting ambulance district including actively supporting a bill sponsored by the Idaho Association of Counties in the 2003 and 2004 Idaho State Legislature to allow for ambulance districts to increase their levy to the level currently allowed by statute and mandates taxpayer approval of the tax levy increase at a supermajority level and such bill failed; and LETTER OF COMMITMENT IN SUPPORT OF LEVY OVERRIDE ELECTION FOR THE OPERATION OF ADA COUNTY EMERGENCY MEDICAL SERVICES PAGE 1 WHEREAS, In the event alternative sources of funding could not be realized to fund the budgetary short falls, the Task Force unanimously recommended that the current Ada County "Emergency Medical Services" District be dissolved and created pursuant to Idaho Code S 31-3908; and WHEREAS, Ada County Commissioners are considering a resolution to dissolve the current "Emergency Medical Services" district and a petition from taxpayers to create a new district pursuant to Idaho Code ~ 31-3908; and WHEREAS, several cities and fire districts have requested Ada County to consider their proposals in cooperation for the provision of emergency medical services in Ada County as they believe that an override of the taxing levy limitations would be an effective way for Ada County Commissioners to solve their financial concerns for the Emergency Medical Services; and WHEREAS, Ada County Commissioners are willing to consider asking the voters of Ada County for a temporary override of the taxing levy for the Emergency Medical Services district pursuant to Idaho Code ~ 63-802(3) under certain conditions as a temporary override will not provide a permanent solution to the funding problem as it would not adequately address the issue as ongoing costs for equipment and personnel continue to increase because of the increased demand for service; and WHEREAS, Ada County Commissioners desire to pursue the option of "__.__._~.c~.___~___ " consolidation of fire and emergency medical services. NOW, THEREFORE, in consideration .of the foregoing recitals, the parties covenant and agree as follows: 1. Support of Override Election. The undersigned agree to assist as best they can in providing facilities for override election polls and election staffing assistance as allowed by law and at the discretion of the governing board for the EMS override election in calendar year 2005. 2. Legislative Cooperation. The undersigned agree to cooperate and actively support the passage of legislation to allow an ambulance district to increase the mill levy of the district up to the level currently allowed by statute with taxpayer approval of the tax levy increase at a supennajority level, and as determined and recommended by and through the EMS COORDINA nON PLANNING AGREEMENT ADA COUNTY LETTER OF COMMITMENT IN SUPPORT OF LEVY OVERRIDE ELECTION FOR THE OPERATION OF ADA COUNTY EMERGENCY MEDICAL SERVICES PAGE 2 [A Joint Exercise of Power Agreement], legislation to create an option for taxpayers to vote to consolidate emergency medical and fire services within a county. 3. Independent Review of Emergency Medical Services Department and Fire Services for Efficiencies. The undersigned agree to allow for an independent third party review of all emergency medical and fire services within Ada County for efficiencies. 4. Emergency Medical and Fire Service Study Committee. The undersigned agree to enter into the EMS COORDINATION PLANNING AGREEMENT ADA COUNTY [A Joint Exercise of Power Agreement] which will establish a committee "EMS Planning and Service Coordination Committee for Ada County" to be formed immediately to review any proposed efficiencies of service within the current structure of EMS and fire service. The proposed EMS COORDINATION AND PLANNING AGREEMENT may include an independent third party who shall act as the committee facilitator and shall be a non-voting member of the committee. The proposed Agreement may include an Ada County citizen as an at-large member. The "EMS Planning and Service Coordination Committee for Ada County" shall also review any proposed plan for consolidation and make recommendations to the Parties to the EMS COORDINATION PLANNING AGREEMENT ADA COUNTY. IN WITNESS WHEREOF, this commitment is executed on the date indicated below. ~-----.- -' ~_n_'____ ADA COUNTY/AND FOR ADA COUNTY AMBULANCE DISTRICT By: Dated: Judy Peavey-Derr Chairman CITY OF BOISE By: Dated: David H. Bieter Mayor LETTER OF COMMITMENT IN SUPPORT OF LEVY OVERRIDE ELECTION FOR THE OPERATION OF ADA COUNTY EMERGENCY MEDICAL SERVICES PAGE 3 CITY OF MERIDIAN By: Dated: Tammy DeWeerd Mayor NORTH ADA COUNTY FIRE RESCUE By: Dated: Chair KUNA RURAL FIRE PROTECTION DISTRICT By: Dated: Chair EAGLE FIRE PROTECTION DISTRICT By: Dated: Chair STAR JOINT FIRE PROTECTION DISTRICT By: Dated: - Chair MERIDIAN RURAL FIRE PROTECTION DISTRICT By: Dated: Chair WHITNEY FIRE PROTECTION DISTRICT By: Dated: Chair Z:\Work\K\Kuna Fire I 9787\ambulance district matters\LETTER OF COMMITMENT IN SUPPORT OF LEVY OVERRIDE ELECTION.doc LETTER OF COMMITMENT IN SUPPORT OF LEVY OVERRIDE ELECTION FOR THE OPERATION OF ADA COUNTY EMERGENCY MEDICAL SERVICES PAGE 4 GIVE@PSLEY LLP LAW OFFICES 601 W. Bannock Street PO Box 2720, Boise, Idaho 83701 TELEPHONE: 208388.1200 FACSiMILE: 208 388.1300 WEBSITE: www.glvenspursley.com Gary G, Allen Kelly T. Barbour. Christopher J. Beeson William C. Cole Michael C. Creamer Thomas E. Dvorak Roy Lewis Eiguren Timothy P. Feamside Jeffrey C. Fereday Steven J. Hippler Karl T. Klein Debora K. Kristensen Anne C. Kunkel Jeremy G. Ladle Franklin G. Lee December 14, 2004 Meridian City Hall City Clerk, City of Meridian 33 East Idaho Ave. Meridian,ID 83642 Re: Response to George Hicks' Letter Dated December 8,2004 Dear Mayor and Members of the Meridian City Council: David R. Lombardi D. Oavid Lorello, Jr. Emily A. MacMaster Kimberly D. Maloney John M. Marshall Kenneth R. McClure Kelly Greene McConnell Cynthia A. Melillo Christopher H. Meyer L. Edwerd Miller Patrick J. Miller Judson B. Montgomery Angela K. Nelson Deborah E. Nelson w. Hugh O'Rlordan, LL.M. Michael C. Orr Kenneth L. Pursley Bradley V. Sneed H. Barton Thomas, LL.M. J. William Varin Conley E. Ward Robert B. While Raymond D. Givens RETIRED James A. McClure RETIRED .Ucensed in Texas This letter responds to the incorrect assertions by George Hicks on behalf of Bridlewood and Bremerton Subdivisions in a letter to the City of Meridian dated December 8,2004. Mr. Hicks improperly suggests that the City must enforce a repealed Ada County ordinance that is referenced in note 9 on the Dartmoor plat against Lot 11, Block 2 of Dartmoor Subdivision, after it is annexed together with 20 adjoining acres (collectively, the "Property"). Even if the referenced ordinance were not repealed, under state law, it no longer has any legal effect upon annexation to the City. The Idaho Supreme Court has clearly held that county zoning ordinances are not effective within the boundaries of a municipality and thus cease to apply to annexed lands. Ben Lomond, lnc, v. City of Idaho Falls, 92 Idaho 595, 599, 448 P.2d 209, 213 (1968). "The county, in brief, has no legal right to legislate for a municipality located within its limits upon any subject which is within the scope of powers granted to the municipality ...." Id. (quoting Ex Parte Knight, 55 Cal.App. 511,203 P. 777 (Cal.App. 192]). Therefore, because enforcement of note 9 on the Dartmoor plat explicitly rests upon provisions of the Ada County Code, this note no longer is enforceable against the Property. Instead, upon annexation, development of the Property solely is governed by the Meridian Comprehensive Plan and Zoning Ordinance. The same rule of law applies to any note on the plat. Note 2, for example, states that "Building setbacks and dimensional standards in this subdivision shall comply with the applicable zoning regulations of Ada County Idaho." Simply because this requirement is written on the plat does not mean that the County's zoning regulations must continue to be enforced by the City upon annexation. Likewise, the County's open space restrictions have no legal effect in the City after annexation. /' DEN: kdt S:\CLlENTS\6634\4\R.'pon'e to Hicks letter.DOC INVOICE FOR PROFESSIONAL SERVICES EIVE DEe 1 3 2004 MERJDiAN ACCTS, PAYABLE (208) 345-8872 Fax (208) 3-13-7]62 e-mail: zga@.zgll.com Architects and Planners, Chartered 565 \Vest Myrtle, Snite 225 Boise. Idaho 83702-7606 November 30,2004 MAYOR TAMMY de WEERD CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, 10 83642 Account#~ !JJ/Z) Account' . ..... - ..~. ~ f P c: UY'---\-v~0 Purpose 0 urchase Re: MERIDIAN SITE CONCEPTS Project No.: 0454.00 ~~~~:;-~ Invoice No.: 1 Professional Services: Hours Rate Amount MICHAEL G. SIMMONDS CATHERINE M. SEWELL DAVID J. RUBY AARON C. WHITMAN 22.00 2.50 6.00 30.00 $100.00 $ 75,00 $ 75.00 $ 65.00 $2,200.00 $187,50 $450.00 $1,950.00 Total Professional Services $4,787.50 Current Due Past Due $4,787.50 $0.00 BALANCE DUE $4,787.50 011r s€'rvices are invoiced on a Illonthl~' basis with payment ill fnll required within thirty (30) days following the inyoice date. Any unpaid balance shall bear interest frOIl1 the date payment is due at a rate of 1 1/2% per month (18% per annum). Late payme!1ts apply to accrued interest I1rst then to unpaid pl'inciple. December 10, 2004 MERIDIAN CITY COUNCIL MEETING CP A 04-002 December 14/ 2004 APPLICANT City of Meridian Planning & Zoning Department ITEM NO. 5-5 REQUEST Resolution - Request for a Text Amdmnt to allow applicants to request an l-O zoning in areas designated as residential which are located along arterial streets & section line roads & olso allow applicants to request that properyw/ public / quasi public to be rezoned to a district that is compatible AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POUCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Resolution v-ovJ./ {}/(If Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. tJ 1- - ~!i" 4-- BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION AMENDING THE TEXT OF THE CITY OF MERIDIAN COMPREHENSIVE PLAN; PROVIDING FOR CLARIFICATION OF THE RESIDENTIAL, OFFICE, AND PUBLIC, QUASI-PUBLIC, AND OPEN SPACE LAND USE DESIGNATIONS AS SET FORTH IN CHAPTER VII, SECTION 1; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to I.C. S 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August of 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to clarify the City of Meridian's Comprehensive Plan definitions for residential, office, public, quasi-public and open space land use designations; and WHEREAS, the City Council held a Public Hearing on the proposed amendment on September 7, 2004; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said Comprehensive Plan Amendment; and WHEREAS, the Mayor and City Council have done all things required by the Idaho Local Land Use Planning Act to amend the text ofthe adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. Pursuant to Idaho Code S67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan. A copy of the City of Meridian Comprehensive Plan Amendment is attached as Exhibit "A". Section 2: That this Resolution shall be in full force and effect immediately upon its adoption and approvaL COMPREHENSIVE PLAN AMENDMENT - 1 OF 4 ADOPTED by the City Council of Meridian, Idaho, this l4+'-day of _De~eW\\oe.Y ,2004. APPROVED by the Mayor ofthe City of Meridian, Idaho, this ~ay of 'i)-~r ,2004. COMPREHENSIVE PLAN AMENDMENT - 2 OF 4 Exhibit" A" COMPREHENSIVE PLAN AMENDMENT Chapter VII, Section 1, p. 95 (Proposed additions are underlined) Residential. The purpose ofthis designation is to provide a variety of housing types. Uses will include a range of densities varying from large estate lots to multi-family homes. Residential designations are as follows: . Low Density: to allow the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at densities of three dwelling units or less per acre. A planned development permit may be required for large subdivisions. Density bonuses may also be considered with the provision of public amenities such as open spaces, pathways, or land dedicated for public services. . Medium Density: to allow smaller lots for residential purposes within city limits. Uses may include single-family homes at densities of three to eight dwelling units per acre. A planned development may be required for large subdivisions. Density bonuses may also be considered with the provision of public amenities such as open space, pathways, or land dedicated for public services. . High Density: to allow for the development of multi-family homes in areas where urban services are provided. Residential densities may exceed eight dwelling units per acre, The residential development might include duplexes, apartment buildings, townhouses, and other multi-unit structures. Other uses within a development may be considered under a planned development permit process. A desirable project would consider the placement of parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses. . At the discretion of City Council. areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size. In this instance. no ancillary commercial uses shall be permitted. Chapter VII, Section 1, Pg. 99 (Proposed additions are underlined) Office. This designation will provide opportunities for low-impact business areas. These would include offices, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers or tec1mological parks), Additionally, as noted in the Residential districts section of the Comprehensive Plan. light offices uses may be appropriate in limited circumstances and at the discretion of the City Council. COMPREHENSIVE PLAN AMENDMENT - 3 OF 4 Chapter VII, Section 1, Pg. 99 (Proposed additions are underlined) Public, Quasi Public, and Open Space. Areas are designated to preserve and protect existing private, municipal, state and federal lands for area residents and visitors. This category includes churches and public lands (excluding parks and schools) within the Area of Impact. Upon redevelopment of such properties, a change in desi~ation and use may be appropriate. The redevelopment of these areas should be guided by the intensity of the existing use. the underl ying zoning ofthe property. the surrounding land uses. the location ofthe property, and transportation issues associated with the proposed development of the property. The appropriate land use designation and accompanying zoning for these areas will be determined by City Council on a case by case basis." COMPREHENSIVE PLAN AMENDMENT - 4 OF 4 December 10, 2004 Department Reports MERIDIAN CITY COUNCIL MEETING December 14, 2004 APPLICANT Mayor's Office ITEM NO. 6-A-l REQUEST Appointment to the Meridian Development Corporation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY 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: srnLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~(}YV ~ Contacted: Emailed: Dote: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridIan. (- ~ ~' ~ \1 \ I ,.__ll._~ rL_ll~' t-.. - _h__ ; L i J-=L December 10,2004 MERIDIAN CITY COUNCIL MEETING AZ 04-025 December 14, 2004 APPLICANT City of Meridian ITEM NO. 16 REQUEST Ordinance - Request for Annexation and Zoning of 121.96 acres from R4 (Ada County) to R-4 zones for Vienna Woods Subdivision No. 1-7 and Edinburgh Place Subdivision No. 1-2 -- northeast corner of East McMillan Road and North Locust Grove AGENCY COMMENTS 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 Ordinance 1% J -rv~ (Y~I o 4-/ III q Contacted: Emailed: Date: Staff Initials: Phone: Matorlals presontod at public meetings shall become property of the City of Meridian. EXHIBIT A Legal Description Vienna Woods Subdivision No's 1-7 & Edinburgh Place Subdivision No's 1-2 (AZ-04-025) ANNEXA nON DESCRIPTION FOR THE ClTV OF MERmiAN, .,ADA COliNTY, f.DAHO A pnrccl !"r annexation purposes located in the NW y, orthe SW '1" the NE !I, of the SW 'I, and the SE '/, of the SW '/, of Section 2<), Township 4 North, Range I East Boioc tVlcridian, Ada Coullty. Id,llm and heing Vlli'NNA WOODS :;"UBDlVlSlON NO. 'S /, ], 3, 4. 5. 6 and 7 llnd l:mNBURGl/ I'lACE 5'UBD1VlS/ON NO, 'S J and 2 more p:miculady described as follom:: BECHNN1NG at a bras,; cnp monument marking tbe northweslerly cnrner of said NW ,/, of the SW 'I, !i'OlU which a brass cap monument marking the southwesterly corner flf the SW 'I, of smd Section 29 benrs S 0025'22" W a distunce of2652.l7 feet: Thence S 1\9045'[6" E along the northerly boundaries of said NW y.; of the SW ';" nnu thc NE v.. of the SW 'I, u Liistance of 265779 feet 10 a 5/8 inch diameter iron marking the northenswrly wrncr of said NE '/., of the SW '/,; fhcnce S 0031"21" W along the e:Jsterly boundaries of said NE '/, of the SW '!. and the SF 'I, of the SW ',<~ a diswnce of 2677.69 feet to il 5/8 inch diameter iron pin nmrking the soulheusterly comer of said SE '!. ofthc S\V \1,: rhence N 89011' 14" \V along the southerly boundary of said SE ,(, of the SW '/" a distance of 1326.55 teel 10 a 518 inch diamcter iron pin marking the :iouthwc,stcrly comer of said SE % of ,he5W'/.: Tlwncc N (Jo2!r2()" E along the wcsterly boundary or said SE % of the SW 'I. a distance of 1332.46 feet 10 a 5/R inch uiamctcr iron pin marking the northwesterly corner of s;:lid SF v, of [he SW 'k Thence N 89"28'46" \V along the southerly boundary of said NW % of the SW V, u distancll of t 127.71 feet to a 51R inch diameter iron pin marking the southwesterly corner of said NW ~:, of theS\\' '/'; lllenct: N n025'22" E along the westerly houndary of said NW '/, of the SW \'. a distance of 1326,09 feet to the POINT OF flEGlNN1NG. This pillX:cl contains 121.96 acres. Preparcd by: CJlcun K. Bennetl, ilLS Civil Slll'vcy Consultants, Incorporated March 1, 2004 This description was prcpnrcLi from record information and docs not eonsttlute a lield survey Civil Smvey Consultants. Incorporatcd is not liable for any discrepancies II tield survey might disclose, '~J;':':~ ( ;,:,?,~7J l'YC ~:\...GJ~_ ..~ .~... l~ierid.illn. .PubEr \Vorkf~ Dfmtc SKETCH TO ACCOMPANY ANNEXAT!ON DESCRIPTION FOR VIENNA WOODS AND EDINBURGH PLACE SUBDIVISIONS lOCATED IN THE SW 1/4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, I BO!SE MERIDIAN, ADA COUNTY, IDAHO. f i S 89'45'16~ E 2657.79' 1/4 "- POINT OF BEGINNING 0, o <6 t'J t<) ... w VIENNA WOODS SUBDIVISION NO.'S 1 THROUGH 7 . N N in t'J b z N 8!r28'46~ W 1327.71' o <5 0:: ~ o a:: l.:l In ;::J o o ..J 10 v c.J t<) I") ~ w io t'J 10 C'l b z :sL09 31 32 McMILLAN ROAD SCAlE: 1'=400' C 1/4 0, to r-.: '" CO t'J ~- ~...... -- ~ EDINBURGH PLACE SUBDIVISION NO. 's 1 AND 2 N 89"2'14~ IN 1326,55' . ...... ~ ... f'1 b (I) 1/4 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 04- //19 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land known as Vienna Woods 1-7 Subdivision and Edinburgh Place 1-2 Subdivision commonly located on the northeast comer of the intersection of North Locust Grove Road and East McMillan Road, immediately north of the Settlement Bridge and Sheridan Place Subdivision at generally Township 4 North, Range 1 East, SIW 1,4 of Section 29, Meridian, Idaho, more particularly described in Attachment "A". This parcel contains 121.96 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. All according to Record of Survey No. 5082, recorded in the Office of the Ada County Recorder. This information contained in this legal description was derived from the data of record as shown on "Record of Survey No. 5082", and is not based on an actual field survey. A full text of this ordinance is available for inspection at the City Clerk's Office, City Hall, City of Meridian, 33 East Idaho AvenUf' ~eridia~;~~o. This ordinance shall become effective on the ! 16- day of ..e-;~~A--- . 2004. ~\".... of ~~;~ - ~~ ~~, f~ ~ \.. YOf and City Counc - C y of Meridian f () '\ By: William G. Berg, Jr., City Clerk ~ . SE;;\L ~ - '? #.,.. First Reading: 12 ..... I ~ - t? 4- . \. ~~T 151 ,."\ . ! Adopted after the first reading by sllspenslOn 5l;~ . ursuant to Idaho Code 50-902: YES)( NO "'''''1111' ,. .~fi"l>~"-' Second Reading: l'"~t4'Q.~~Il~V;1>}h Third Reading: - ORDINANCE SUMMARY-ANNEXTION & ZONING AZ 04-025 VIENNA WOODS 1-7 AND EDINBURGH PLACE 1-2 Page 1 of 1 EXHIBIT A Legal Description Vienna Woods Subdivision No' s 1-7 & Edinburgh Place Subdivision No's 1-2 (AZ-04-025) ANNEXATION DESCRIPTION FOR THE CITY OF MERJnrA.~, ADA COUNTY, IDAHO A pared tbr annexation purposes located in the NW V, of the SW Yo, the NE Yo of the SW y.; and the SE Y. of the SW y.; of Section 29, Township 4 North, Range I East, Boise Meridian, Ada County, Idaho and being VIENNA WOODS SUBDIVISION NO. 'S 1, 2. 3, 4, 5, 6 and 7 and EDINBURGH PLACE SUBDIVISION NO. 'S J and '] more particularly described as foHows: BEGlNNlNG at a bra'l..~ cap monument marking the northwesterly corner of said NW ,/, of the SW 'II from wbich a brass cap monument marking the southwesterly corner ofthe SW ,/, of said Section 29 bears S on25'22" W a distance of2652J7 feet; Thence S 89"45'16" E along the northerly boundaries of said N W 'I, of the SW y.; and the NE V- of the SW % a distance of 265.7.79 feet to a 5/8 ineh dinmeter iron marking the northeasterly comer ofsaid NE '/.i ofthe SW '/.i; Thence S 0"31 '27" W along the easterly boundaries of said NE '10 of the SW y. and the SE ';' of the SW ..... a distance of 2677.69 [cetto a 5/8 inch diameter iron pin marking (he southeasterly comer of said SE '/.i oflhe SW y.; 'nlencc N 89012' 14" W along the southerly boundary of said SE 'I. of the SW Y.. a distance of 1326.55 feel (0 a 5/8 inch diameter iron pin marking the southwesterly comer of said SE V. of the SW 'I.; Thence N 0"2&'26" E along tlte wesferly boundmy of said BE '/, of the SW '.4 a distance of 1332.46 feet to a 518 inch diameter iron pin marking the northwesterly corner of said SE '/.i of theSW'/.i; Thence N 89<>28'46" W along the soulherly boundary of said NW Y. of lhe S W V. a distance of 1327.71 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of said NW V. of lhe SW v.; 111ence N 0"25'22" E along the westerly boundary of said NW Vi of tbe SW V. a distance of 1326.09 feel to thePOfNT OF BEGINNING, This parcel contains 12},9(, acres. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, lncorporatcd March 1. 2004 /,7" r{. ~,. -', '" SKETCH TO ACCOMPANY ANNEXATION-DESCRIPTION FOR VIENNA WOODS AND EDINBURGH PLACE SUBDIVISIONS LOCATED IN THE SW 1/4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. , SCALE: 1"=400' S 89645'16" E 2657.79' C 1/4 1/4 ~ POINT OF BEGINNING O:t o co N fI) ..- w VIENNA WOODS SUBDIVISION NO.'S 1 THROUGH 7 ~ C"oI C"oI in N b z en co r-.: ...... co N N 89'28'46'" W 1327.71' --------:;: ~ ...... N Cl ~ a::: ~ Q: C) tn ::> o 9 ~ co v N t") ,..., .... .... t") b en w EDINBURGH PLACE SUBDIVISION NO.'S 1 AND 2 I: co '" 'in '" b z 30 29 31 32 McMILLAN ROAD N 89"12'14" W 1326.55' 1/4 page 1 or 1 Will Berg From: Ilse Goff [itgoff@cableone.net] Sent: Monday, December 27,20049:25 AM To: bergw@meridiancity.org Cc: johnsonj@meridiancity.org Subject: FW: File No. CUP-04-036 Mr. Berg, In order to be refunded our moneys, Brad Hawkins-Clark asked us to notify you by email of our decision to withdraw our UP Application 04-036. We wrote you on November 2nd, and have yet to receive our money. Would you please update us on the status of our request? Thank you. IIse Goff From: llse Goff [mailto:itgoff@cableone.net] Sent: Tuesday, November 02, 2004 1:20 PM To: bergw@meridiancity.org Cc: johnsonj@meridiancity.org Subject: File No. CUP-Q4-036 Mr. Berg: After conferencing with the city planner, Brad Hawkins-Clark, we have decided to withdraw the above CUP application from consideration by the City, afthis time. Please accept this email as formal notification ofthis decision to withdraw the CUP application numbered: CUP-04-036. Brad related that we should be able to obtain a refund for the filing fees associated with this application, minus those expenses incurred by your office in the hearing notification process. We thank you for your time and effort on our behalf. Sincerely, Garland R. and Use T. Goff 12/28/2004 ADA COUNTY RECORDER J. D~~"""NAVARRO AMOUNT .00 6 BOISE IDAHO 12/22/04 11:01 Ai." ,,' ~~~~~E~~~~Q~~~:i61~g 1111111111111111111111111I11111111111 Meridian City 1104161955 CITY OF MERIDIAN ORDINANCE NO. tfJ.f- - I ! I q BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-04-025 AKA VIENNA WOODS 1-7 AND EDINBURGH PLACE 1-2 SUBDIVISIONS) FOR PROPERTY LOCATED AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF :MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS AS R-4 (MEDIUM TO LOW DENSITY RESIDENTIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated be reference as Exhibit "A" is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and zoning by the City of Meridian, pursuant to Idaho 50-222, Idaho Code, Category "B" annexation. SECTION 2. That the above-described real property is, and the same is hereby and annexed and zoned as R-4 (Medium to Low Density Residential, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property, SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION & ZONING ORDINANCE AZ-04-025 VIENNA WOODS 1-7 AND EDINBURGH PLACE 1-2 Page 1 of3 SECTION 6. AIl ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State ofIdaho, SECTION 9. That pursuant to the affinnative vote of one-half (l/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 14-!j day of };ee e,fh,~ , 2004. APPROVED BY THE MAYOR OF THE CITY OF :MERIDIAN, IDAHO, this 14ff: dayof kel?v~ ,2004. STATE OF IDAHO, ) )ss. County of Ada ) On this I ~.{-lA day of 'Dee!? >>t bel ,2004, before me, the undersigned, a Notary Public in and for said 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ..,II'UII"" .." L '" ...... l.C~ . 84" '" ~.. ~.). ....'''~~.< ~./':>.. '.... ... ~~.o '- ..r~,. .". l.....y.... ~ ,.)'" \ : : .j,01/.< :. .1 . ~ ~ :: _L : ...~ 'l h :: ~ ~ e ' g :. I) (I:: \. \ PUB1."\ -'.0 $ ~ L ..0" '=- if. ~. .....' .: , .r", u......... .: ..... .-' f .... ~ -..."-- ~. ~ ...... ; .{ J... l- > \ y ..,...... ........11........,.. u ANNEXATION & ZONING ORDINANCE AZ-04-025 VIENNA WOODS 1~7 AND EDINBURGH PLACE 1-2 Page 3 of3 EXHIBIT A Legal Description Vienna Woods Subdivision No's 1-7 & Edinburgh Place Subdivision No's 1-2 (AZ-04-025) ANNEXATION DESCRIPTION FOR THE CITY OF MERmIAN, ADA COVNTY, IDAHO A pa\'t:el ft)[ annexation purposes locnted in the NW y,; of the SW '1<, the NE Y. of the SW y.; and the SE Y. of the SW Y, of Section 29, Township 4 North, Range 1 East, Bnise Meridian, Adll County, Idaho and being VIENNA WOODS SUBDIVISiON NO. 'S J, 2, J, 4. 5. 6 and 7 and EDlNIJURGH PLACE SUBDiVISION NO. 'S I and 2 more particularly described as follows: BEGlNNING al a bwss cap monument marking the northwesterly corner of said NW y, of the SW y~ trom which a bra.~s cap monument marking the southwesterly corner of the SW y, of said Section 29 bears S 0025'22" W a distance 01'2652.17 fed: Thence S 89045' 16" E along the Ilortherly boundaries of said NW y, of the SW \I.j and the NE V. of the SW 'j., a distance of 2657.7CJ feet to a 5/8 inch diameter iron marking the norlhe..'15terly comer orsaid NE y" orthe SW v.: Thence S DO)1 '27" W along the easterly boundaries of said NE ',4 of the SW Y, and the SE Y, of the SW Y. a distance of 2677.69 feel to a 5(8 inch diameter iron pin marking the southeasterly comer ofsmct SE y" of the SW v.; 'Otencc N 89" 12' 14" W along the sllulherly bonntlnl'Y of said Sf:: 'Ii of the SW v.. a distance of 1326.55 feet to a 5/8 inch diameter iron pin marking the Sllllthwestcrly comer of said SE 'It of the SW Y.; Thence N 002&'20" E along the weslerly boundary of said SE y, of the SW 'I. a distance of 1332.46 leet tllll 5/& inch diameter iron pin illarking the northwesterly corner of said SE v., or theSW'I..; Thence N 89"28'46" Walong lhe southerly boundary of said NW Yo, of the SW v.. a distance of t327.71 feet to it 5/8 inch diameter iron pin marking the southwesterly corner of sakI NW 'I, of Ihe SW '4: TIlenec N 0"25'22" E along the westerly boundary or said NW V, of the SW Y. a distance of 1326.09 feet to the POINT OF BEGINNING. This parcel contains 121.96 acres. Prepared by: Glenn K. Bennett. PLS Civil Survey Consultants, Incorporated March 1, 2004 ~~ ~-- Mt!,N e 1 ?D(!; M.eridian Public Works Dcpt. /? . u.. \( SKETCH TO ACCOMPANY ANNEXATION DESCRIPTION FOR VIENNA WOODS AND EDINBURGH PLACE SUBDIVISIONS LOCATED IN THE SW 1/4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. I ~ SCALE: 1"=400' 1/4 ~ POINT OF BEGINNING S 89'45'16'" E 2657.79' C 1/4 ~ en o ui N t') ..- I.U VIENNA WOODS SUBDIVISION NO. 's 1 THROUGH 7 I: N N in N b z en co r...: " <0 C\.l N 89'28'46'" W 1327.71' - - - - - - --=: :: f'. N CI ~ 0:: ~ 0:: " ~ ::> o 9 <0 v C\I t") t') ..- ..- t") b (/) LaJ EDINBURGH PLACE SUBDIVISION NO.'S 1 AND 2 I: <0 C\I (0 C\.l b z 30 29 31 32 McMILlAN ROAD N 89'12"14'" W 1326.55" 1/4 '~;<"", ~ , i' I fttt-R EffiB~ Ig ~=~L~ i1,~" - rr / - "Z'" , " , - "~(J' ", " /...-f/ >'1(' L-. /~~...~ ')8\) ~ /, I ~ ~~~ =e: >--.- I I II r f-: Ie-- ',"'''.'v. ,'I II)--l :=?(J I n u. 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December 17, 2004 MERIDIAN CITY COUNCIL MEETING AZ 04-013 December 21,2004 APPLICANT Lyons Development, LLC ITEM NO. 18 REQUEST Amendment to Ordinance - Request for Annexaiton and Zoning of 13.5 acres from RUT to C-G zones for Stow-It Storage Facility - southwest corner of Stoddard Road and West Overlan Road AGENCY COMMENTS 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: srnLERS IRRIGATION: IDAHO POWER: US WEST: TRANSPORTATION DEPT MERIDIAN POST OFFICE: OTHER: Contacted: :bU.>>,k\lI / Emailed: ~ See attached Ordinance ~~ ~~/ " Date: I1jt"O St ff Initials: Phone: q ~g ID~r:o Materials presented at public meetings shall become property of the City of MerIdian. NOTICE AND PUBLISHED SUMMARY OF AMENDED ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN AMENDMENT TO ORDINANCE NO. 04-1109 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Amendment to Ordinance of the City of Meridian granting annexation and zoning for land owned by Idaho Power Company, to be known as Stow-It Self Storage, consisting of 13.5 acres and commonly located on the southwest comer of the intersection of Overland Road and Stoddard Road, within Section 24, Township 3 North, Range 1 West, Meridian, Idaho, with a zoning designation ofC-G General Retail and Service Commercial; and providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. LEGAL DESCRIPTION A parcel ofland lying in the NE 14 of the NW y,j of Section 24, T.3N., R. 1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the ~ comer common to Sections 13 and 24 of said T.3N., R.1 W., said point being the REAL POINT OF BEGINNING,;. Thence South 00051 '53" West, 1164.75 feet on the east boundary of said NW ~ of Section 24; Thence North 89006'56" West, 33.00 feet to a point on the centerline extended of the Hardin Drain; Thence North 46039'41" West, 347.48 feet on the extended centerline and the centerline of the Hardin Drain; Thence North 40042'05" West, 265.61 feet on the centerline of the Hardin Drain; Thence North 45000'56" West, 161.99 feet on said centerline; Thence North 60018'32" West, 107.71 feet on said centerline; Thence leaving the centerline of the Hardin Drain, North 00041 '54" East, 566.91 feet to a point on the north line of said Section 24; Thence South 89006'56" East, 677.82 feet to the Point of Beginning. Containing 13.50 acres, more or less. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk A full text of this amended ordinance is available for inspection at City Hall, City of Merid?e 33 East ~ Meridian, Idaho. This.ordinance shall become effective on the 21 r day of ~ , ?QiMtIHI/Jllfl! :\~ ......c: lJU:'"" (If. :\...., ~ V' n-rfl^. ;.t"""~ # .G;. . '~-1. \>;-...... I "v.ro~~ ~.~ ~ <b ~ - . ~ - ~ - - . - - - - c = .,. - ... ~ " $' f.f * 12 r'J,( -t?4" ".r-... , , ",\ I I ==--___ . W. OVERLAND ROAD S 89'06'56"E MERIDIAN EXIMi"G< C",rUM-= B~OUN-~DA-RY-- - ..........= - 6~7"7- -8 ~ - - - _ ~ 1j ~ 'I' ~"" '" I'"~ . 2 ADA couiir( .'[4- ~ T.3H., R.'W. REAL POINT OF BEGINNING I I I I ~I'- IO~ ';-Ol veO , (0 810 zl I I N 6'0- '0> 1as .>,. !.?it- 'V 76' 1l".s-:\ <.9 00):<9. ~~~ '1- '~~. ~6'.s- ~- '6' O.s- 7-,;:' , ~ t?r~ 04--1/01 PROPOSED MERIDIAN ANNEXATION STOW-IT SELF STORAGE SITE LOCATED IN THE NE 1/4 OF THE NW 1/4 SECTION 24, T.3N., R.1 W., S.M., ADA COUNTY, IDAHO , SCALE = ,.. = 100' \4Q303 '1- , 1l"6'. U"i}.:t<9- ~~;;:X7- t9. ,it--' , N 89'OS'SS"w 33.00' 05 4- K I I ~1. ~I~ IOv ~i~ I 00 I tl ~i 'E o ~g 5i tI f f 10 ~ I a:: f~ II 1m I I ADA COUlm MERIDIAN ~ m m ENGINEERING SOLUTIONS liP EAGLE. IDAHO BEFORE THE MERIDIAN CITY COUNCIL C/C December 21, 2004 IN THE MATTER OF THE ) APPLICATION OF ROUNDTREE ) DEVELOPMENT, LLC FOR ) APPROVAL OF t6 MULTI-FAMILY ) RESIDENTIAL BUILDING LOTS ) AND 3 COMMON LOTS ON 5.7 ) ACRES IN AN L-O ZONE ) LOCATED AT LOT 2, BLOCK 1, ) TRAMORE SUBDIVISION, A ) RESUBDIVISION OF LOT 2, ) TRAMORE SUBDIVISION ) SITUATED IN A PORTION OF THE ) SOUTHWEST J;.t OF T. 3N., R. tW., ) SECTION 12. CASE NO. FP-04-076 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code ~ 12-3-7 on December 21,2004, and the CounciL finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: December 21, 2004, to the Mayor and Council, and the Council having considered the requirements ofthe preLiminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING ROUNDTREE SUBDIVISION, A RESUBDIVISION OF LOT 2, TRAM ORE SUBDIVISION SITUATED IN A ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR ROUNDTREE SUBDIVISION I (FP-04-076) Page 1 of 4 PORTION OF THE SOUTHWEST y.; OF T. 3N., R. 1 W., SECTION 12, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 11/22/04, SHEET 1 OF 2, RENNISON ENGINEERING, PLLC", ROUNDTREE, 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 Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: December 21, 2004, listing 20 SITE SPECIFIC REQUIREMENTSlFlNAL PLAT and 5GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their December 21, 2004 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health 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-offis not to create a mosquito breeding problem; and it is suggested that the 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ROUNDTREE SUBDIVISION I (FP-04-076) Page 2 of4 disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ROUNDTREE SUBDIVISION I (FP-04-076) Page 3 of 4 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 Q \ St day of Oe(\f'n '-he v ,2004. Attest: By:df~,k~,~ City Clerk's Office Dated:_\ -5-Q'S ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ROUNDTREE SUBDNISION / (FP-04-076) Page 4 of4 MA VOR Tammy de Weerd ~U /CITYOF ~-,- '-/YLerldian~ IDAHO " '.)"'. " " " V \'1 j! ~ 0mcF. -T[i903 CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-22J 1 - Fall: 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 CITY COUNCIL MEMBERS Keith Bird Christine DOlmelJ Shaun Wardle Charles M. Rounlree STAFF REPORT: City Council Date: December 21,2004 To: Mayor & City Council Sonya Allen, Assistant City Planner JI{ .c;::::;;f Bruce Freckleton, Development ServIces Manager ~ From: Re: Roundtree Subdivision Request for Final Plat Approval of Sixteen (16) Residential Building Lots and Three (3) Common Lots on 5.7 Acres in an L-Q Zone for Roundtree Subdivision, by Roundtree Development, LLC (File No. FP-04-076) We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Roundtree Development, LLC, has requested final plat approval for 16 residential building lots and 3 cornman lots on 5.7 acres in an L-O zone for Roundtree Subdivision. The proposed 16 residential lots will contain multi-family buildings, each containing one four- plex structure, for a total of 64-units. The common lots will consist of open space, landscaping, and drainage lots, Amenities in the subdivision will consist of a half basketball court, a volleyball court, and a gazebo. The proposed subdivision is located approximately ':4mile east of N. Linder Road on the south side of Pine Ave., in the SW ':4 of Sectin 12, T.3N., R.IW. A Conditional Use Permit was approved for this subdivision which allowed for reductions to the minimum requirements in the L-O zone for the following: street frontage (from 50-ft. to O- ft. internally) and building setbacks (side: from 5-ft. per story to 5-foot; and rear: from 20-ft. to lO-ft.). The submitted final plat substantially complies with the approved preliminary plat. Exhibit "A" Mayor & City Council Hearing Date: December 21, 2004 Page 2 of 5 Staff recommends approval of the final plat for Roundtree Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS I. Applicant is to meet all terms of the approved Development Agreement, Preliminary Plat (PP-04-018), and Conditional Use Permit (CUP-04-0l8) for this subdivision. 2. Submit compaction test results to the Meridian Building Department for any building pads within lots receiving engineered backfilL 3. If permanent perimeter fencing is not proposed, temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to issuance of building permits, All proposed fencing must be in compliance with MCC 12-4-10. 4. Revise the landscape plan dated 5/13/04 and prepared by South Landscape Architecture, as follows: a. Construct a pathway on the north side of the Ninemile Drain, from the west property line to the edge of pavement of the existing driveway (approximately 12-feet long). Said pathway shall be a minimum of 5-ft. wide and constructed to align with the existing pathway on the east side of the driveway. 5. Revise or add the following notes to the face of the plat: (3.) .. .contained in the channel of Nine mile Creek. HJ. "No fencing shall be built closer to any building than five feet per story." f1J. Add note regarding Right to Fann Act (QJ. Add note calling out the common lots within the subdivision and who will be responsible for their ownership and maintenance, ill "Any re-subdivision of this plat shall be in compliance with the most recently approved subdivision standards of the City of Meridian." lliJ. "Building setbacks and dimensional standards in this subdivision shall be in compliance with Title 11 and Title 12 of the Meridian City Code unless otherwise modified by Conditional Use Permit (CUP-04-018) which allowed for reduced setbacks and lot frontages." 02J. ('Maintenance of any irrigation or drainage pipe or ditch crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage district. .QQJ. ('The developer and/or owner shall comply with Idaho Code 31-3805 pertaining to irrigation water rights." .Q1J. "The bottom elevation of all structural footings shan be set a minimum of 12- inches above the highest established normal groundwater elevation." FP-04-076 Exhibit "A" Roundtree Sub FP.doc Transmittal Date: December 16, 2004 Mayor & City Council Hearing Date: December 21, 2004 Page 3 of 5 6. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed prior to applying for building permits. All development improvements 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, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 7. Sanitary sewer service and municipal water to this development shall be via extensions from existing mains. Applicant will be responsible to construct, or re-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 form of easements, for any mains that are required to provide service. 8. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 9. The applicant has not indicated who will own and operate the pressurized irrigation system within this development (private home owner's association or irrigation district.) Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point cOlUlection 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 City Engineer. If the system is to remain private, a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The pressurized irrigation system. The pressure irrigation system shall be accepted prior to the issuance of a Certificate of Occupancy. 10. Submit an encroachment agreement with NMID for all improvements located within the Ninemile Creek easement. 11. Graphically depict a 5-f1. wide landscape buffer on the plat along the southern boundary of the development outside the NMID easement for the Rutledge Lateral. 12. Prior to issuance of building permits, a permanent vehicular crossing of the Ninemile Drain shall be constructed. 13. Provide a Fire Department approved secondary access to the site. Extend the northern most drive aisle to the east property line to provide secondary (emergency) and FP-04-076 Exhibit "A" Roundtree Sub FP .doc Transmittal Date: December] 6, 2004 Mayor & City Council Hearing Date: December 21, 2004 Page 4 of5 pedestrian access between the subject site and the recently approved Rock Creek Development. Construct the drive aisle to be a minimum of 20-feet wide with curb, gutter and sidewalk. Unless otherwise approved by the Meridian Fire Department, provide a 20-foot wide swing or sliding gate equipped with a knoxbox padlock at the eastern terminus of the drive aisle. 14. Submit a License Agreement with NMID for the landscaping within the easement for the Rutledge Lateral and the Ninemile Drain prior to signature on the Final Plat. If a license agreement cannot be obtained for the proposed landscaping, trees shall be planted in accordance with MCC outside of the easements. Make any changes necessary on the landscape plan. 15, Correct the bearing quadrant to SE for Curve One in the boundary legal description of the Certificate of Owner's. 16. The sum ofthe segments of the for Lots 10, 11, 16, 17, and 1, Block 1, don't match the overall boundary length shown. Please make the appropriate corrections. 17. Complete the Certificate of Owners and accompanying Acknowledgment. 18. Delete the "Approval of Planning Commissioner" Certificate from page two of the plat. 19. Add a Certificate for the "Ada County Highway District" to page two of the plat. 20. Staffs failure to cite specific ordinance provisions or terms of the approved Development Agreement, Preliminary Plat or Conditional Use Permit does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. (Wells may be used for non-domestic purposes such as landscape irrigation.) 3. Install 2SD-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. FP-04-076 Exhibit "A" Roundtree Sub FP.doc Transmittal Date: December 16,2004 Mayor & City Council Hearing Date: December 21,2004 Page 5 of 5 3. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) 4. Coordinate with the Meridian Public Works Department and the Meridian City/Rural Fire Department to determine fire flow requirements. Provide a letter from the Fire Department stating required fire flow requirements prior to final plat approval. RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP.04-076 Exhibit "A" Roundtree Sub FP .doc Transmittal Date: December] 6, 2004 BEFORE THE MERIDIAN CITY COUNCIL C/C December 21,2004 IN THE MATTER OF THE ) APPLICATION OF LIBERTY ) DEVELOPMENT, LLC FOR ) APPROVAL OF 49 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 2 COMMON LOTS ON ) 12.14 ACRES IN AN R-8 ZONE ) LOCATED AT 4000 WEST PINE ) AVENUE IN THE NORTH ~ OF T. ) 3N., R. lW., SECTION 10. ) ) ) ) CASE NO. FP-04-075 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 December 21, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: December 21,2004, to the Mayor and Council, 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 CASTLEBROOK SUBDIVISION NO.5 LOCATED IN THE NORTH Yz OF T. 3N., R. IW., SECTION 10, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CASTLEBROOK SUBDIVISION NO.5 / (FP-04-075) Page 1 of 4 DATE: 12/01104, SHEET 1 OF 5, BAILEY ENGINEERING, INC.", LIBERTY DEVELOPMENT, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: December 21,2004, listing 22 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their December 21,2004 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health 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-offis not to create a mosquito breeding problem; and it is suggested that the 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 stonnwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CASTLEBROOK SUBDIVISION NO.5! (FP-04-075) Page 2 of 4 1. State of Idaho Catalog of Stonnwater 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. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1 . The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code g 67-6521. An affected person being a person who has an interest ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CASTLEBROOK SUBDIVISION NO.5! (FP-04-075) Page 3 of 4 in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the d \ S~ day of frccmN>.v ,2004. Attest d~.,.6./J4 SEAL E ~ . ~ ,.~ = William G. Berg, Jr., City Clerk%.. "6~"'b. . ..~'~ I '" ~ '. ~'r 1S-~ ~ 'iI:' 'fJ' Copy served upon Applicant, the ;;~~~J'l'~artment, Puhlic Works Depal1ment, and CIty Attorney. 1~4,,"'~~~~~~ By: ~~1LLQjY\. City Clerk's Office Dated: \. 5 wOs ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CASTLEBROOK SUBDIVISION NO.5 / (FP-04-075) Page 4 of4 j MAYOR Tammy de Wcerd ~p /CITYOF "."..~_, VYLerldian IDAHO CITY HALL (208) 888-4433 - Fax 887-4813 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree ~ ',,", {, " \' V ~/ ~)J / PUBLIC WORKS BUILDING DEPARTMENT (208) 887-221 I - Fax 898-955 [ LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 ( SIIIU ,1903 MEMORANDUM: Hearing Date: December 21, 2004 To: Mayor & City Council From: Sonya Allen, Assistant City Plannerc5'-1 Bruce Freckleton, Engineering Tech III ~ CASTLEBROOK SUBDIVISION NO.5 Re: Request for Final Plat Approval of Castlebrook Subdivision No.5, Consisting of Forty-nine (49) Single-family Residential Building Lots and Two (2) Common Lots on 12.14 Acres in an R -8 Zone by Liberty Development, Inc. (File No. FP-04-075). 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 The applicant, Liberty Development, Inc" has applied for final plat approval of the fifth phase of Castlebrook Subdivision. This phase of the subdivision includes 49 single-family residential building lots and 2 common lots on 12.14 acres in an R-8 zone. This phase was preliminary platted under the name of Castlebrook Subdivision No.2. The gross density of Phase No.5 is approximately 4.0 dwelling units/acre. The net density is approximately 5.0 dwelling units/acre. This phase of Castlebrook Subdivision is located approximately 1/3 mile east of N. Black Cat Road, north ofW. Pine Ave., in theNW y,; of Section 10, T.3N., R.IW. The common area lots within the subdivision consist of landscape and pathway lots and will be owned and maintained by the Castlebrook Homeowners Association. The pressurized irrigation system within this development will also be owned and maintained by the Homeowners Association. The final plat for this phase complies with the approved preliminary plat. Exhibit "A" Mayor & City Council Hearing Date: December 21, 2004 Page 2 of5 Staff recommends approval for Castlebrook Subdivision No. 5 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant shall meet all terms of the approved Annexation (AZ-02-031) and Preliminary Plat (PP-02-032). 2. Underground year-round pressurized irrigation must be provided to all lots within this development. lfthe pressurized irrigation system within this development is to remain a private Homeowners Association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water, Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. The pressure irrigation system shall be accepted prior to the issuance of a Certificate of Occupancy. 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, off-site pathway constructed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, micro-paths, off-site pathway, 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. Water service to this site shall be via main line extensions from the existing mains adjacent to the property. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to the adjacent properties (including stub streets and W. Pine Lane). 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. Sanitary sewer service to this site will be via main line extensions to an existing temporary lift station within the Blackstone Subdivision. This lift station pumps to an existing gravity sewer main located in Black Cat Road, that then flows to the Ashford Greens lift station. The Blackstone lift station shall be upgraded or modified, at this FP-04-075 Exhibit "A" Castlebrook SubS,FP.doc Mayor & City Council Hearing Date: December 21, 2004 Page 3 of 5 developers expense, to the City of Meridian's standards and specifications. The applicant will be responsible to construct lateral sewer mains to and through this proposed development including and in coordination with the City's Black Cat Trunk Project. Subdivision designer to coordinate main sizing and routing with the Public Works Department. This development shall be subject to the Ashford Greens sewer latecomers fees. Black Cat trunk development fee of $1,500.00 per dwelling unit shall also be assessed against this development. Payment of the trunk development fees and latecomer fees are required prior to signature on the final plat map by the City Engineer. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 6. All fencing shall be in compliance with MCC 12-4-10 and 12-13-15-9. 7, The landscape plan dated 10/26/04 (Sheet L 1) prepared by South Landscape Architecture needs to be revised as follows: a. Six-foot vinyl fencing is required along the eastern boundary ofthe subdivision. b. Include calculations table on the Landscape Plan. c. See note #19 below. Revise Landscape Plan accordingly. Minimum 5-ft. wide paved pathway with landscaping (no trees) required on each side ofthe pathway, extending to Pine Ave. 8. Add or revise the following notes on the face of the plat: (2.) Delete note - No drainage facilities are shown on the construction plans. (7.) Delete note - Not required to be shown on plat. 00,) "Buildinf! setbacks and dimensional standards in this subdivision shall be in comoliance with Title 11 and Title 12 of the Meridian Citv Code. " (.1 1,) Place a note on the plat that references the FEMA flood plain boundary adjacent to the Ten Mile Creek. Note restrictions associated with the flood zone on the face of the plat. 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. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. (All areas being counted toward the 5% open space shall be free of "wet ponds" or other such nuisances.) 11. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 12. Please clarify the "No Cap, Set Cap" notation at the southeast comer of the subdivision FP-04-075 Exhibit "A" Castlebrook Sub5.FP,doc Mayor & City Council Hearing Date: December 21, 2004 Page 4 of 5 boundary (sheets 1 &3 of 5.), and verify against the symbol that is shown in the Legend. 13. Graphically depict five-foot wide Public Utilities, Drainage and Irrigation Easements along the west side of Lot 43, Block 7, Lot 7, Block 14, Lot 27, Block 14, and Lot 4, Block 15, as these will be side lot lines against a previous phase. 14. Graphically depict an eight-foot wide Public Utilities, Drainage and Irrigation Easement along the westerly side of Lot 46, Block 7. The extra width is required due to the location of a pressurized irrigation main. 15. Lot 6, Block 16 doesn't meet the-required minimum street frontage along the N. Scotney avenue frontage. Place an arrow on this lot to indicate the house frontage orientation towards W. Gillete Drive, and add arrow symbol to the plat legend. 16. The sum of the segments along the north boundary of Lots 43-44, Block 7 doesn't equal the overall boundary distance shown. Please make the appropriate corrections. 17. The sum of the segments along the east subdivision boundary doesn't equal the overall boundary distance shown. Please make the appropriate corrections. 18. The sum ofthe segments along the south boundary of Lots 4-13, Block 15 doesn't equal the overall boundary distance shown. Please make the appropriate corrections. 19. Extend a minimum twenty-foot wide "finger" off of the common area Lot 3, Block 15 to be centered over the sanitary sewer truck line, and depict a twenty- foot wide easement out to W. Pine Lane. Also, a paved pathway will be required within this "finger" extending to Pine Ave. Adjust adjacent lots to meet the minimum street frontage requirements. 20. The pathway along the Ten Mile Creek shall be constructed prior to the issuance of the first Certificate of Occupancy Permit of any lots adjacent to the pathway. 21. The Homeowner's Association shall maintain the public pathway that runs along the Ten Mile Creek until such time that the City elects to take over maintenance of such pathway. 22. Staffs 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 FP-04-075 Exhibit "A" Castlebrook Sub5.FP.doc Mayor & City Council Hearing Date: December 21,2004 Page 5 of 5 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. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 6, Applicant's engineer will be required to submit a signed, stamped statement certifYing that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation, 7. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 8. Provide sidewalks in accordance with the MCC. STAFF RECOMMENDATION Staff recommends approval of the final plat for Castlebrook Subdivision No. 5 with the above stated comments & conditions. FP-04-075 Exhibit "A" CastJebrook Sub5.FP.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HOWELL- MURDOCH DEVELOPMENT CORPORATION FOR APPROVAL OF 5 COMMERCIAL BUILDING LOTS AND 4 COMMON LOTS ON 5.13 ACRES IN A C-C ZONE LOCATED ON THE NEC OF VENABLE LANE AND WEST USTICK ROAD IN A PORTION OF THE SE.~ OF T. 4N., R. lW., SECTION 36. C/C December 14, 2004 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-04-074 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 December 14, 2004, and the Council finding that the Administrati ve Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: December 14,2004, to the Mayor and Council, 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 CEDAR SPRINGS SUBDIVISION NO. 6 LOCATED IN A PORTION OF THE SE ~ OF T. 4N, R. tW., SECTION 36, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO, 6 I (FP-04-074) Page 1 of 4 GAL\11960\11960FP LDWG 06/07/04, HANDWRITTEN DATE: 06/07/04, SHEET I OF 2, J-U-B ENGINEERS, INC.", HOWELL-MURDOCH DEVELOPMENT CORPORATION, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: December 14, 2004, listing 15 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 5 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their December 14, 2004 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health 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-offis not to create a mosquito breeding problem; and it is suggested that the 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 stonnwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO, 6 I (FP-04-074) Page 2 of 4 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1, The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO, 6/ (FP-04-074) Page 3 of 4 in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~4~h day of JY;'Ccn, \:e y , 2004. Attest: By: juo m-41\.Cl m) City Clerk's Office Dated: \ -to-Ot; ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDMSION NO.6 / (FP-04-074) Page 4 of 4 ; r MAYOR Tammy de Weerd ~ U / CITY OF ~...::-",< '-./VL eridian IDAHO CITY HALL (208) 888.4433 - Fax 887-48/3 PUBLIC WORKS BUILDING DEPARTMENT (208) 88J.22 I I - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 4664405 CITY COUNCIL MEMBERS Keith Bird Chl;stine Donnell Shaun Wardle Charles M. Rountree STAFF REPORT: City Council Date: December 14, 2004 To: Mayor & City Council Sonya Allen, Assistant City Planner JIl ~ Bruce Freckleton, Development ServIces Manager ~ From: Re: Cedar Springs Subdivision No.6 Request for Final Plat Approval of Five (5) Commercial Building Lots and Four (4) Common Lots on 5.13 Acres in a C-N Zone for Cedar Springs Subdivision No.6, by Howell-Murdoch Development Corporation (File No. FP-04-074) We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Howell-Murdoch Development Corporation, has requested final plat approval for 5 commercial building lots and 4 common lots on 5.13 acres in a C-N zone for Cedar Springs Subdivision No.6 (flea Cedar Springs Professional Center). The proposed subdivision is located on the north-east corner of W, Ustick Road and N. Venable Lane, in the SE 1,4 of Section36, TAN., R.IW. The submitted final plat complies with the approved preliminary plat. Staff recommends approval of the final plat for Cedar Springs Subdivision No.6 with the comments and conditions stated in this report. Exhibit "A" Mayor & City Council Hearing Date: December 14, 2004 Page 2 of 4 SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved Rezone (RZ-03-013), Development Agreement, Preliminary Plat (PP-03-044), and Conditional Use Permit (CUP-03-067) for this subdivision, 2. Submit compaction test results to the Meridian Building Department for any building pads within lots receiving engineered backfill. 3. Revise the landscape plan dated 3/8/04 and prepared by Jensen Belts Associates, as follows: a. The detached sidewalk along W. Ustick Road must be constructed in conformance with MCC 12-13-10-8 with a minimum landscaped parkway width of 5-feet. b. Landscaping must be shown for Lots 3 & 4 (future right-of-way). Developer shall maintain a 10-ft. wide gravel shoulder and landscape the remainder with lawn or other vegetative groundcover in compliance with MCC 12-13-10-9. c. Street buffer along W. Ustick Road (Lots 2 & 5) must be a minimum of 25-feet wide beyond any future right-of-way. d. Show 25-ft. wide access for property to the east (see condition #10). e. There is a 20-foot wide sanitary sewer easement across Lot 7 (see plat for exact location). Trees may not be planted within this easement, please replace with bushes. f. Landscape buffer along east boundary must be a minimum of20-feet wide unless property owner to east agrees in writing to proposed buffer (see condition #11) 4. Revise or add the following notes to the face ofthe plat: (3.) . ..public right-of-way, Lot 6, Block 25, and the exterior... (8,) "...unless said access is specifically approved by the Ada County Highvlay District, and the City of Meridian. (10.) Complete recording information. (14.) The bottom elevation of structural footings shall be set a minimum of 12-inches above the highest established nonnal groundwater elevation. 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements 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, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. FP-04-0674 Exhibit "A" Cedar Springs Sub6 FP.doc Transmittal Date: December 9, 2004 Mayor & City Council Hearing Date: December 14~ 2004 Page 3 of4 6. Sanitary sewer service and municipal water to this development shall be via extensions from existing mains. Applicant will be responsible to construct~ or re-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 form of easements~ for any mains that are required to provide service. 7. 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. 8. The Ada County Street Name Committee letter submitted with the application states that the name of the development is to be "Cedar Springs Professional Center Subdivision." Please correct the name~ or provide evidence that the name has been approved as "Cedar Springs Subdivision No, 6." 9. The pressurized irrigation system within this development is to be owned and maintained by Nampa Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized~ the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 10. A 25-foot wide vehicular cross-access easement agreement shall be provided for the property owner to the east (Ada Co. Parcel #S0436438801) located somewhere between Buildings A & B. 11, Landscape buffer must be widened to 20-feet along eastern property boundary unless the owner of the property to the east (parcel #S0436438801) submits a written statement to the City that the proposed buffer width is acceptable. 12. Show landscape buffer easements on the face of the plat. 13. Dimension the width of the Venable Lane right-of-way adjacent to Lots 1&10~ Block 25. 14. Complete the Certificate of Owners and accompanying Acknowledgment. 15. Staffs failure to cite specific ordinance provisions or terms of the approved Rezone, Development Agreement, Preliminary Plat or Conditional Use Permit does not relieve Applicant of responsibility for compliance. FP-04-0674 Exhibit "A" Cedar Springs Sub6 FP,doc Transmittal Date: December 9, 2004 Mayor & City Council Hearing Date: December 14, 2004 Page 4 of 4 GENERAL REQUIREMENTS 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. (Wells may be used for non-domestic purposes such as landscape irrigation.) 3. Install 250-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and penuit from the Public Works Department prior to commencing installations. 3. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) 4. Coordinate with the Meridian Public Works Department and the Meridian City/Rural Fire Department to detennine fire flow requirements. Provide a letter from the Fire Department stating required fire flow requirements prior to final plat approval. RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP-04-0674 Exhibit "A" Cedar Springs Sub6 FP,doc Transmittal Date: December 9, 2004 Downtown Meridian Transportation Management Plan (DMTMP) Steering Team Steering Team Member Email address Phone number Meridian paz Staff Anna Borchers Canning canninaa@meridiancitv.ora (208) 884-5533X221 Steve Siddoway siddowas@meridiancity.org (208) 884-5533 ACHD Staff Bruce Mills bmills@achd.ada.id.us (208) 387-6185 Terry Little tlittle@achd,ada.id,us (208) 387-6145 Valley Ride Kelli Fairless KF airless@vallevride.ora (208) 846-8547 MDC Linda Rupe Li n ru oe2 (O)aol. co m (208) 412-7319 Transportation Task Force Terry Smith smithoark(O)aol.com > (208) 888-6801 Compass Charles Trainor ctrainor@compassidaho.orq (208) 855-2558X232 Meridian paz Dave Zaremba No email (FAX (208) 288-2936 (208) 288-2935 Traffic Safety Commission Representative Cap1. John Overton overtoni@meridiancitv.org (208) 888-6678 Idaho Transportation Department Representative Sue Sullivan ssulliva@itd.state,id.us (208) 334-8955 Consulting Team Member Tom Hudson THudson@thehudsonco.com (208) 883-2890 Tim Taylor 1. tavlor(Q)fehrand DeerS.com (801) 261-4700 Jerry Wallace iwallace@thehudsonco,com - (208) 301-4122 . &~~~~~~ ~ P /'" CITY OF N!~i", '-./VI erzdztrti- MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CiTY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 Parks & Recreation 11 E, Bower Street 888-3579/ fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/ fax 888-6854 Police 1401 E. Water tower Lane 888-6678/ fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/ fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/ fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/ fax 884-1159 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 Council Chambers, Meridian City Halll 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, December 14, 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 issue: Executive Session per Idaho State Code 67 -2345( 1 )(b) and (f) Discussion and Review of Draft Inspection Services Contracts Discussion of Prosecution Contract - Discussion of Amendment to the Police Building The public is welcome to attend the meeting. DATED this 10th of December, 2004. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 CITY CLERK-E\X 888-4218 HUMf\N RESQURCES-E\X 884-8723 December 10, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT December 14, 2004 ITEM NO. 5-1 REQUEST Pressure Reducing Stations -- Change Order No. 1 - Start Construction AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached 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. RECEIVED DEe D 2 200~ qty Of Meridian CIty Clerk Office Memo To: Brad Watson From: Lenard Grady /!CJ j Cc: Date: 12/212004 Re: Proposed Agenda Items for December 14, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the December 14 City Council consent agenda: Pressure Reducinq Stations - Change Order #1 - Star Construction: Attached is Change Order #1 for an additional Pressure Reducing Vault (PRV). Additionally, four new PRVs and one existing PRV will be connected to the SCADA system via remote radios powered by solar systems. The existing contract was $119,709.95 and the change order amount is $77,403.00. Recommended Council Action: The Public Works Department recommends that City Council approves the $77,403.00 change order for an additional PRY and SCADA installation for five PRVs with Star Construction and authorize the Mayor to sign it. From the desk of. .. Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 gradyl@meridiancity.org CHANGE ORDER NO.1 NO.1 DATE OF ISSUANCE 12/10/2004 EFFECTIVE DATE 12/10/2004 OWNER City of Meridian CONTRACTOR: Star Construction Contract: Hiqh Zone Pressure Reducinq Valves (PRVs) ENGINEER You are directed to make the following changes in the Contract Documents: Descri ptio n: 1) Additional PRY on Franklin Road to increase fire flows in the Future MDC area. 2) Installation of SCADA system (solar powered) on the 4 new PRVs and one existing PRY. 3) Additional site reclamation requested. 4) Additional work required on Eagle Road PRV due to very deep water line. Attachments: (List documents supporting change): Quote from Star Constuction. CHANGE IN CONTRACT PRICE: Original Contract Price $ 119,709,95 Net Increase (Decrease) from previous Change Orders No. to_ $ None Contract Price prior to this Change Order: $ 119.709,95 Net increase (decrease) of this Change Order: $ 77.403.00 Contract Price with all approved Change Orders: $ 197,112,95 By: EN Date: 12/^-/oi I I EJCDC 191 O.8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: 11/14/2004 Ready for final payment: 11/14/2004 (days or dates) Net change from previous Change Orders No. _ to No. _: Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: 11/14/2004 Ready for final payment: 11/14/2004 (days or dates) Net increase (decrease) this Change Order: Substantial Completion: 120 Ready for final payment: 120 (days) Contract Times with all approved Change Orders: Substantial Completion: 3/14/2005 Ready for final payment: 3/14/2005 (days or dates) APPROVED: By: Mayor De Weerd Date: Attest: William Berg Jr., City Clerk Council Approval 12/14/104 12/02/2004 08:05 . 2082857947 /' \, STAR CONSTRUCT7?~ i,:" ." PAGE 02 STAR CONSTRUCTION, L.L.C. P.O~ Box 157 Star~ ID 83669 Bus: (208) 286-9198 Ancil- Cell: 867-7082 Fax: (208) 286-7947 . December 2, 2004 . City of Meridian 660 E. WatertowerLane, Suite 200 Meridian, ID 83642 3) 4) 5) 6) Attn: Len Grady Re: 3 PR V Changes Len, The following are the cost changes I need for your req~ests of the additional work on the 3 PRY project 1) 2) Unsucce~sful bore attempt at Touchmark Way 472.00 Addit.ional fittings and labor on Eagle Road for transition to existing pipe depth (9') 3,630,00 Eagle Road site work 6,473,00 Franklin Road PR V mechanical procurement and installation 17,049.00 Solar PR V site installation, including radio and enclosure for PR V site; installation and connection to 3 pressure transducers arid 1 flowmeter; 24VDC, lOOW, solar power system w/2 '100 amp hour gel batteries, battery charger and battery de-sulfator; radio antennae and installation; well house radio, antennae aodinstalIation: Well house PLC programming; WonderWare programming; System commissioning. 5 each at $10,791.00 53,955.00 Deduct for sod, concrete, Ale and installation - Items deleted due to solar energy supply <4.176.00> Totallncrease $77,403.00 DEe 02 '0~ 06:49 20828579~7 PRGE.02 December 10, 2004 MERIDIAN CITY COUNCIL MEETING December 14, 2004 APPLICANT ITEM NO. 5-Q REQUEST Change Order No.3 for the Headworks Expansion Project 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 ~.rU 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. RECEIVED DEe D 9 2004 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer cc: Brad Watson, Public Works Director Date: 12/9/2004 Re: Proposed Agenda Item for December 14, 2004 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 14 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No.3 for the Headworks Expansion Proiect. Additional work is required for the completion of the Headworks Expansion Project. This change order consists of resolving Proposed Change Orders (PCO) T, U, V, W, X and Y. Additional documentation for this change order is available for the council to review by request from the Public Works department. Contractors Northwest, Inc. submitted a cost for this change order as summarized below: . Contractors Northwest, Inc. $6,756.00 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No.3 for the Heaclworks Expansion Project with Contractors Northwest, Inc. for $6,756.00 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 t . . . . . . . . . ~ . . . . ~ ~ CHANGE ORDER NO.3 PROJECT: City of Meridian WWTP, Headworks Expansion Project DATE OF ISSUANCE: November 29,2004 EFFECTIVE DATE: November 29,2004 OWNER: City of Meridian CONTRACTOR: CONTRACTORS NORTHWEST INC., ENGINEER: Carollo Engineers You are directed to make the following changes in the Contract Documents. Cover Page 1 of 2 1. Description: PCO T - Modify Screw Pump Control Panel to provide uninterrupted power source (UPS) with related modification to permit the screw pumps to start automatically under standby power. Reason for Change: Upgrade the control panel as requested by the plant staff to improve reliability. 2. Description: PCO U - Install permanent pve pipe casing in the headworks dewatering well. Reason for Change: Provide capability for future dewatering for structural repairs. 3. Description: pea v - Miscellaneous site work modification for the Headworks (See details in Work Change Directive #12). Reason for Change: Clarify field details and conflicts with existing site grading and structures. 4. Description: PCO W - Miscellaneous structural and metal fabrication work for the Headworks (See details in Work Change Directive #11). Reason for Change: Clarify field details and conflicts with existing structures. 5. Description: PCO X - Reconcile final quantities and unit price allowance in the bid documents for concrete rehabilitation and protective coatings. Reason for Change: Unit prices in the contract were estimated for the purpose of comparing bids. Final payment is based on actual measurement of the work. 6. Description: PCO Y - Provide temporary weather enclosures and heating during protective coatings. Reason for Change: Compensate contractor for extra work not in the bid, caused by unavoidable delay. Attachments: PCO T - from CNI and Custom Electric dated 11/4/04, for $5,958. (8 pages) PCO U." from CNI dated 11/4/04, for $1,184. (3 pages) PCO V - from CNI for WeD 12dated 11/24/04, for $8,293, (24 pages) PCO W - from CN! for weD 11 dated 11/18/04, for $10,409. (56 pages) PCO X - from CNI dated 11/24/04, adjustment credit for $20,492. (5 pages) PCO Y -from CNl and Stonhard dated 11/24/04, for $1,404, (4 pages) (Total Pages in Change Order No.3, including cover pages and attachments: (100 pages) i'J i" j Q ~.("'4 ~ n \1 ,1 if'- D. i'1 ~'t ~~ :rr:;~ lj ft ;.r-.. . ~u '.. '-..I.l;::3- ,. DEe - 3 2G04 ~,"CONTRACTORS NW INC ~ CO'A OFFICE .". CHANGE ORDER NO.3 PROJECT: City of Meridian WWTP, Headworks Expansion Project DATE OF ISSUANCE: November 29,2004 EFFECTIVE DATE: November 29,2004 OWNER: City of Meridian CONTRACTOR: CONTRACTORS NORTHWEST INC., You are directed to make the following changes in the Contract Documents. ENGINEER: Carollo Engineers Cover Page 2 of 2 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion: 330 Days - Novernber28.2004 $ 892.046,00 Ready for final payment: 360 Days - December 28. 2004 days or dates Net Changes from previous Change Orders No....L. to No. --.L Net Changes from previous Change Orders No. .JL. to No.2 $ 81.170.00 15 work days (21 calendar days) Days Contract Price prior to this Change Order Contract Times prior to this Change order .. Substantial Completion: 351 Days - December 19. 2004 $ 973.216.00 Ready for final payment: 381 Days - J nnuary 18. 2005 days or dales Net Increase (decrease of this Change Order No.3) Net Increase (decrease of this Change Order) $ 6.756.00 0 days Contract Price with all approved Change Orders Contract Times with all approved Change Orders $ 979.972.00 Substantial Compl~tion: 351 Days - December 19.2004 Ready for final payment: 381 Days - January 18.2005 days or dates By: Commcm< Au~ed Sjgnature) Date: / Z-h h ?-- ~ / RECOMMENDED BY ENGINEER: By: Date: >>~ .3XJ .. Zod/ APPROVED BY OWNER: Brad Watson, P.E., Public Works Tammy DeWeerd, Mayor Attest; William G. Berg, Jr., City Clerk Date: Date: Date: