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HomeMy WebLinkAbout2004-02-10 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, February 10, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: 1 Shaun Wardle l\ Bill Nary ~ Charlie R9>Jntree X Keith Bird ~ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Ice Skatinq Facilitv: (*15 minutes) 1!6rn-'-fichvtA:..- /-P 1. --2-1- -e4 4. Discussion of Snake River Racing Remote Control Car Track: DI S C U 55 C cl (*5 minutes) 5. Discussion of Parks and Recreation Commission Proposed Ordinance: D\ SCUS$c-d. br\nQ botL (*15 minutes) :.J 6. Discussion of Council Agendas: DS(USS('C} (*15 minutes) 7. Discussion of Resolutions Dealing with COBG Applications: - Fair Housing - Anti-Displacement and Relocation Assistance Plan - Citizen Participation Plan - Non-Discrimination and Grievance Procedures (*5 minutes) D\S(USSeG\ * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda- Janwuy27, 2004 Page 1 ofl 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 pleJlile contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. MAYOR Tammy de Weerd " ;-.... +':r:~t;t- ~t,- olfe;;;I1;n IDAHO <, LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888.3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500. Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-[297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird ~~, J.:../ '\, \j )); j/ .-F qmcE ',1903 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-Coun.cjl Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, February 10, 2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Discussion of fee Skating Facifity - Discussion of Snake River Racing Remote Controf Car Track - Discussion of Parks and Recreation Commission Proposed Ordinance - Discussion of Council Agendas - o;scussion of Resolutions Dealing with CDBG AppHcations - Fair Housing - Anti-Displacement and Relocation Assistance Plan - Citizen Participation Plan - Non-Discrimination and Grievance Procedures The public is welcome to attend the meeting. DA TED this 6th day of February, 2004. .\., 33 EAST IDAHO AVENUE · MERIDIAN, IDAHO 83642 . (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884.8723 . Finance & Utility Billing Fax (208) 887-4813 February 26, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT March 2, 2004 ITEM NO. 6.A REQUEST Approve minutes of February 10,2004 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: v,/../ Cvfr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridIan. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, February 10, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle _ Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Ice Skatina Facilitv: (*15 minutes) 4. Discussion of Snake River Racing Remote Control Car Track: (*5 minutes) 5. Discussion of Parks and Recreation Commission Proposed Ordinance: (*15 minutes) 6. Discussion of Council Agendas: (*15 minutes) 7. Discussion of Resolutions Dealing with CDSG Applications: - Fair Housing - Anti-Displacement and Relocation Assistance Plan - Citizen Participation Plan - Non-Discrimination and Grievance Procedures (*5 minutes) * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda - JanulU)' 27,2004 Page 1 of 1 Ail materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at Ieast 48 hours prior to the public meeting. Meridian City Pre-Council Meeting February 10. 2004 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on Tuesday, February 10, 2004 by Mayor Tammy de Weerd. Members Present: Keith Bird, Tammy de Weerd, Shaun Wardle, Charlie Rountree, Bill Nary. Others Present: Anna Powell, Bill Nichols, Bill Musser, Doug Strong, Brad Watson, Diane Stewart, Gary Smith, Jeff Oviat Item 1. Roll Call Attendance: x X Tammy de Weerd Cherie McCandless X X Bill Nary X Keith Bird Mayor Robert Corrie Item 2. Adoption of the Agenda: Bird: Move to adopt the agenda as published. Rountree: Second. Nary: Moved and seconded to adopt the agenda as published. All those in favor? MOTION CARRIED: ALL AYES Item 3. Discussion of Ice Skating Facilitv: Nary: Anybody here from the Ice Skating Facility? Bird: No. Nary: I know- Green: Madam Mayor, Members of the Council. I got a phone call from Charlotte Catlett, who said she wasn't going to be here tonight and she just wanted the information after the meeting is over. Nary: I think she was supposed to provide us a little bit m ore information. I guess maybe it was unclear to Ms. Catlette as to what exactly was the expectation for tonight. Council, what I will do is with Mr. Berg coordinate again another opportunity. I think what we had asked was for them to give us a little more information over what they would like to do, expectations and that obviously wasn't what she thought, so, we'll - it bought us a little time. Meridian City Pre-Council Meeting February 10,2004 Page 2 of 21 Bird: Mr. President. Nary: Mr. Bird. Bird: Before we get off that, I would also like to know what type of building they are planning 0 n. Some kind 0 f an idea 0 f whether, you k now, I don't want a (inaudible) out there or something like that. At one time, they had talked about something like that. I would like - if they got an idea of what the makeup of the building is going to be. Nary: I will ask them if they have some drawings or something like that as to what their expectations are - my assumption is that they are trying to raise money and they are going to have something to show people - Bird: That and well, they got an idea if they are going to - you know they say they want to raise about 2.5. So, they got an idea of what the kind of building they are going to have. Nary: We will re-communicate with the folks doing that and ask them to come - it won't be for a couple of weeks now, but we have got some other things more pressing on the agenda for the next week or two. Item 4. Discussion of Snake River Racing Remote Control Car Track: Nary: Mr. Strong. Strong: Madam Mayor, Members of the Council this issue has been discussed in our Park's & Recreation Commission Meeting back in November, I believe and was passed to bring forward to the Mayor and to Council. Essentially what we are looking for or what the club is looking for is a central valley location for their club racing activities for remote control cars. The site that was discussed in the Commission meeting would be the five-acre track next to the Police Station, which gives it good access near the freeway and easy access for anybody traveling from either east or west to take part in racing events or weekly practice activities. What's being proposed is the club would build and maintain the track and the dimensions are roughly 250 foot by 175-foot area of that five-acre track and in discussion it seemed like it would be compatible use with other things being considered for that area next to the Police Station. It's a dirt track, there is not much development that takes place other than wood borders and structures like that and an area to operate the cars. If you have questions about the track, Mr. Jeff Oviat with Snake River Racing is present tonight and can answer questions specific to what they are proposing. Bird: Did he bring one of his cars down? They are neat. They are fantastic. Strong: The Commission was able to actually see and touch and tear apart one of the cars, so - Meridian City Pre-Council Meeting February 10, 2004 Page 3 of 21 De Weerd: And we didn't get that opportunity? Bird: No, you didn't. I was hoping he'd bring it, it was neat. I am sorry, Mr. President. Mr. President. Nary: Mr. Bird. Bird: I know Chief Musser is in agreement with this and everything - it's use for the five acres. Musser: President Nary, members of the Council, Madame Mayor - got through the whole litany there. Director Strong and I have been talking about this five acres, seeing if we can come up with some sort of mixed use approach on our own and find a couple of different types of uses for that land out there so it just doesn't sit vacant and we can help develop and give something back to the community and also demonstrate a joint effort between departments. I know I had mentioned in the past that we were looking at a K-9 training facility that would also be open-for off lead type of dog usage with some of our K-9 clubs in the town. The dirt track area for the cars is just but one area that we occupy with that and then we were also kind of toying with a third application, which would be an area for the BMX bikers to help keep them off the skate board park too. Ultimately, that is what we were working at and we have had some conceptual things, but we are just trying to get by in for what we were looking at from the Council, the Commission so that we can move fOlWard on it and see if we can't provide something in general for the citizens here. Nary: Doug, I was a little curious on the way that it's worded in your memo it says the track would be constructed and maintained entirely by the club now. I am assuming that the intent is to - the club would sort of have first use for advanced activities or some sort, but they would sponsor or promote for this site. But the off time when it's not used for those activities it would be open to the public? Is that what's intended, or what? Strong: Mr. President, Members of the Council. I would assume a scenario similar to t hat. I think that an agreement would have to be struck that would identify use and priorities for use. While, there are concerns that has been discussed in Commission is that there has also been a proposal to develop a small BMX bike area there with dirt mounds and that - possibly some paved areas or hard surface areas for BMX bikes, but also dirt areas. We would want to ensure that eager BMX bikers didn't use the remote control car track for their jumps and things like that, so Chief Musser is correct in that we are exploring compatible uses for that site. Obviously, there would be some investment by the City upfront in our department to develop a gravel parking lot and access into the site. We would probably need some water and electrical hookup and some minimal site developments like that before we move ahead and then I believe Chief Musser has somebody working on a plan for the K-9 area and help with the Meridian City Pre-Council Meeting February 10, 2004 Page 4 of 21 development of that, so we would need to probably come back with a master site plan for the entire site that would include this portion of that five acres. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Doug, when you - do we have any preliminary budget numbers for what that might cost the City as far as gravel parking lot and some utilities? Any preliminaries? Strong: I do not. Wardle: Would that be something that could be brought back with the master site plan for the area? Strong: That would be the best time to take a look at cost. Wardle: I agree that this would be a great use if we can get other uses in there. I would like to see, personally, a site plan and some proposed costs and an agreement. Do you have any information as to what Boise's agreement with the site at (inaudible) Boise is with their track? Strong: Mr. President, Councilman Wardle, I haven't explored any of their costs or what they have done there at all. One of the things that when we were first exploring the concept of developing this five acres would be relatively inexpensive ways to use the site on an interim basis. Recognizing that that five acres is a part of potential future development for the Police Department. We wouldn't want to create anything that would be so hard surfaced or so in place that if the Police Department needed to expand their building or other facilities that would be in conflict with those future plans. Things we are looking at would be relatively inexpensive to developing and probably could be done within current budget and that's the way we would approach it, either by getting groups like this that a re going to dot he entire development maintenance 0 f the site a nd then some Police Department resources for the K-9 training area and things like that. So, we will have to put a cost to it at some point when we master plan it. Rountree: Mr. President. Nary: Mr. Rountree, I am sorry. Rountree: (Inaudible). Don't take my comments as trying to dissuade you. I just need to know. Talking about three concepts. Right now we are talking about the local remote car usage. What kind of traffic are you going to generate? How much use? Are there tournaments? Are there race days? What do we plan for? Meridian City Pre-Council Meeting February 10, 2004 Page 5 of 21 Strong: Mr. President, Council Rountree I think I would like to defer that to Jeff who is here who can best answer that question. Rountree: Let me give a couple more to you and then I will hear that. I heard mention that possibility of a gravel parking lot concerns me a little bit. I assume it would have to go through some kind of a variance process with the City because I don't believe we'd let anybody else develop a gravel parking lot, even though it is a temporary use. So, that's an issue that needs to be confronted. I read in the memo and I heard you say something a little bit different about the maintenance. I read in the memo that they agreed to develop and maintain the track. Strong: Yes. Just the track. Rountree: I heard you allude that they may maintain the area or at least their portion of the area and I think that needs to be made clear who is going to maintain this area because it's going to be occupied by other's litter. If it's not a developed area with vehicles off a gravel or a paved parking lot, you are going to be grading, you are going to be doing all kinds of things to maintain the site, So, is that something that you are asking the City to contemplate? Your department is going to do? Any thoughts on that? Strong: Mr. President, Councilman Rountree, 0 bviously we would have some increased maintenance of the site if we have any activity there at all. All we would obligate this group to would be the maintenance of the area that they are using. There would be garbage containers and some other minimal maintenance, probably some grassy areas to mow and things like that. So, there would be additional maintenance to our department. Rountree: To your department? Okay. I guess my final comment is I think it's great that we use these open spaces to the benefit of the community on an interim basis. As long as agreements are written in such a way as the folks can understand it's interim, I encourage it. But, we do have some issues thatwe have got to take care of. Nary: Council, do you want to hear from the gentleman from the Snake River Racing? Rountree: Please. Just curious to find 0 ut a bout the e vents and the primary folks that participate. Oviat: Good evening. Nary: Could you state your name for the record, please. Oviat: Jeff Oviat. Nary: And you are with Snake River Racing? Meridian City Pre-Council Meeting February 10,2004 Page 6 of 21 Oviat: Yes. Nary: Could you give us a kind of a sense of the usage, your expectation would be for this site and the type of traffic that might generate - numbers of people and those kinds of things. Oviat: Based on the club that's in Boise right now it's an average of 20 to 30 participants on an every other weekend basis brought up by a schedule of because of holidays and what not we go through a whole year and come up with the schedule of every other weekend. Right now the other place has a schedule and I have agreed to work with them so long as this goes through to counter their weekends. But, that's what we are looking at is about every other weekend and then it is open to the public. Racing is open to the public - race days, practice days - you know, anytime that we are allowed to be there due to noise ordinance or anything like that. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: Do you collect fees or anything for events? Do you have tournaments, those kinds of things? Oviat: There would be - Rountree: -- charge entrance fees? Oviat: Yes, there would be a due to actually join the club. It all stays in the club. All the money will stay in the club and there are benefits to being in the club. It costs you two dollars less to be a club member to race than if you were a non- member. Everybody is eligible to race or to become a member. Bird: Mr. President. Nary: Mr. Bird. Bird: A couple of questions, Jeff. One is just the racers pay an entry fee? And it stays for trophies and stuff like that, right? Oviat: Yes. Bird: Also, with each car you say there is 20 to 30 cars on race days? Oviat: Yes, there could be. Meridian City Pre-Council Meeting February 10, 2004 Page 7 of 21 Bird: And what do you have? Two people with each car or one vehicle per car that comes to the track? Oviat: N 0, t here are people that r ace various - t here a re classes 0 f different cars. Some people race up to four classes. Bird: Okay, yes, I understand, but how many cars would you guess on a race day that would be out there? 20 or 30? Oviat: What kind of car? Bird: The driving car. (Inaudible). Oviat: The most I have seen is about 20 cars. Bird: Okay, I think that was the question that you asked wasn't it? Rountree: Yes, and he answered it. Bird: Oh, I am sorry. I missed it. I was going to sleep here. Oviat: Boy, it's going to be a long night. There is a lot of family or father and son, nephews with gentlemen that come out there and participate. So, it's not just one car per person. Nary: Any other questions? Oviat: Thank you. Powell: Mr. President. Nary: Ms. Powell. Powell: The use would likely require conditional use approvals, so if the Parks and Police Department would like to work with Planning a little bit before hand, we can maybe suggest some things, but don't forget - don't forget. Nary: I am sure that was their intent all along. Powell: Yes. Nary: Mr. Strong, do you need some direction from us to go forth and do that or do you - I guess, what my expectations would be and Council can correct me if I am wrong. What I would anticipate you doing now is coming up with some sort of master plan for this site with the Police Department and with this in mind as one of the pieces of that master plan and then whatever needs to be done working out those details with Planning as well as that issue in the gravel parking Meridian City Pre-Council Meeling February 10, 2004 Page 8 of 21 lot that Councilman Rountree raised. That way the BMX or excuse me the Snake River Racing folks know what schedule they are on to be able to put this together. Is that a fair timetable - is that kind of what everyone thinks process wise? Someone want something different than that? Rountree: Works for me. Nary: Does that sound okay to you, Mr. Strong? Strong: That would be fine. Nary: Great. So, ultimately, we will see it again before we get too much further down the road. Before we are turning dirt, we will see it again. Strong: [t will require communication with the Police Department and that could be tough. Nary: He is here every Tuesday night, at least for a while. Great. Thank you. Next is the Parks and Recreation Commission Ordinance. De Weerd: That's you again. Item 5. Discussion of Parks and Recreation Commission Proposed Ordinance: Strong: Mr. President, members of the Council, Madam Mayor. What you have before you is something that has evolved over time, [ guess would be the easiest way to describe this. There has been several additions of a proposed change to the existing Park & Recreation Commission Ordinance. It's taken a number of months to get to this point. So, what you see before you - I hope you have a colored copy. You will see a read through by Mr. Bill Nichols our City Attorney that's in bold and statements from his review in between paragraphs and then some revisions in red that were made by Commission members working on the subcommittee to pull this ordinance together and then the edits that you see either underlined or crossed-out in green are my edits to the proposed ordinance. With all that being said, there is still some editing that needs to take place because [ think that there are one or two places in the ordinance where I missed adding recreation to Parks & Recreation Commission, so that it reads throughout as Parks & Recreation Commission Ordinance. So, with that I will stand for questions if you have had the opportunity to look through it. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Doug, one of the things that we have talked about and I am just going to ask if it's been resolved is the difference between a recommending body and a Meridian City Pre-Council Meeting February 10, 2004 Page 9 of 21 policy-making body for the Parks Commission. Is that something that has been resolved or is that something you need direction from the Council on? Strong: M r. P resident and Councilman Wardle, I think that hopefully with this (inaudible) and with Mr. Nichols' review as well, you will see that the edits that I have made in this have changed some of the wording that read as a policy to an advisory capacity for the Commission to be consistent with what the intent of the Commission as I understand it from what it's inception was. So, if there is anything that still reads as policy versus advisory we would need further review of that, but I believe that most all of that's been caught and you will see in Mr. Nichols' notes there are several locations in the document where that change has been recommended. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: And just to follow up. I know from my time on the Parks Commission that that was a question from some of the Commissioners as to - that were working on the ordinance - as to what the City would like to see that body be. Personally, I feel that it's a recommending body that's a very important body to the City, but one that recommends projects and policies to the Mayor and to Council who ultimately make those decisions. Nary: Doug, I missed what you said when I was looking for my color copy. The red, the green and then the black bold are which? What's the difference between them? Strong: The black bold in between paragraphs is Mr. Nichols' review and recommendations for how it needed to be worded in some cases. The red changes are actually changes made by Commission members that were on the subcommittee to review and recommend this ordinance. Then the green changes our mind. After my read through, providing additional edits. Nary: So, is the green changes after you reviewed the comments from Mr. Nichols? Strong: Yes. Nary: Okay. Because I noticed his comment and then the green makes that change and I just wanted to make sure I understood that - Strong: It's also after the red edits. Nary: The green is the last one that you did? Strong: The green is the last. Meridian City Pre-Council Meeting February 10, 2004 Page 10 of 21 Nary: I got it. Okay. Strong: Green is go, I guess. Nary: Okay. Council do you have other questions or concerns about - or Madame Mayor - about the ordinance and I guess the ultimate proposal are the edits that are in green and I think, I guess, I would echo what Councilman Wardle just said too. I do concur that I think that the really the objective and responsibility of Commissions are recommending bodies and not necessarily policy making bodies, but I think you have captured that in the final edit through here. I think that really is the intent, but does anyone else have any other input for Mr. Strong? Strong: Mr. President, just for some additional clarifications. J read through this today at what is here still needs some changes it looks like because I think staggered t13rms is identified as needing to be clarified, so there needs to be some final writing to the document to make it accurate before we have a final document. This is-a draft document. All of that will need to be carefully reviewed again. It's been a while since, I think, everybody has looked at it. Bird: Mr. President. Nary: Mr. Bird. Bird: Let's say that Doug needs to go through and I agree with him that there is a couple of areas that need to be added in like the staggered terms, the succession of terms and all that stuff and get it back to us and give us a week to work it over and run it through the program. J like the basics of it real well. So much better than the old one. Nichols: Mr. President. Nary: Mr. Nichols. Nichols: Mr. President, members of the Council, Madame Mayor. J think the key thing was to get a sense from the Council the recommending versus policy- making part of it because it was the position of our former Mayor that that's the way it ought to be and it didn't really move forward to you, but I know that there were - I believe there were some on the Commission that felt - the Parks and Recreation Commission had felt differently about it. So, as long as - which we have we have got your clear indication on what direction you want us to go, then we will work on getting it in final form and bringing it back to you at a future time for you to go through it and go forward with it. Nary: As always, you were reading my mind because that's what I was going to say was that it appears that the main question in reading this was that distinction Meridian City Pre-Council Meeting February 10, 2004 Page 11 of21 between policy-making essentially and recommendations and seems to me that what Council is saying that they prefer that recommending language that you got in the last edit. Madame Mayor, did you have anything? De Weerd: Yes, Mr. President, I know when they started this they wanted to tailor it after that the way the Boise Commission is set up and that is not policy- making either. I think with the new director and a better working relationship it deals with a lot of the concerns that the Commission had when they originated the rewrite of this ordinance and so some of that has been taken care of through other happenings - Bird: (inaudible)- De Weerd: I was going to say that and then I decided not to. So, it does look good. I guess the question remains for me is similar to Planning & Zoning. They are not a decision-making body in most cases, but their recommendations come to City Council in a written form, you have been the bearer of their recommendations and I would like to see a little bit more formality to them expressing their opinions and motions. At least maybe that the minutes are extracted to where the motion is in written form to Council so they are more aware of what the Commissions coming from on the various issues that come in front of us. Nary: Mr. Wardle. Wardle: Mr. President. Thank you. I agree with the Mayor and one of the things that will help me as the liaison to this department currently would be - and I think we are doing a good job with the memos that are coming into the Council. I have a little more knowledge on some of the events having attended the Commission meetings, but it allows the Council to ask questions that the director or I can answer and so I think we are beginning to move towards a little bit better process bringing things from the Commission to the Council, but I would like to see just a little bit more formality. My follow up question to Doug is is there an item that can be addressed in - is it on the agenda for tomorrow's Commission meeting? Strong: Mr. President, Councilman Wardle it's on as an information item update on what we attempted to do at each Commission meeting is bring back anything that is passed out on the Commission and update on it's progress through the Council, so we update every month on anything that's pending and just as a point of clarification t he form that you see it inn ow h as passed 0 ut 0 f t he Parks & Recreation Commission as acceptable, at least in draft form. Nary: I guess - Madame Mayor, members of the Council do you want - when you are saying you want some formality, I mean do you want like some sort of signed document from the Commission or some sort of memo from the Chair saying the Commission has discussed this item and is that the formality that you are talking about? Meridian City Pre-Council Meeting February 10, 2004 Page 12 of21 Wardle: Mr. President. Nary: Mr. Wardle. Wardle: One of the things that I would like to see and we talk about these projects - the skating rink being one of them and Adventure Island being another is potentially some sort of an informational packet. We just addressed tonight that the people from the skate rink are not here and we don't have a lot of information. If we could have some sort of a short presentation - and I am thinking of the zoning packets that go through Planning & Zoning. Certainly, not necessarily quite as complex as that, but something where the staff can make recommendations on certain individual points would be helpful for myself when deciding on projects that come out the Commission. Strong: Mr. President, members of the Council if I could just clarify what we currently do so we have some idea of what the expectation is that would help us so that we have something specific to work from. Following a Commission meeting we have an agenda that the following morning any action taken or that occurred at the meeting is hand written in much like the Council minutes that we receive the next day after a Council meeting whether an item was approved or not. That is sent out to the Mayor and Council the next day and then as you see in the packets that you have, the memo that comes to the Council with the recommendation that comes from the Commission and it comes from me to the Council in the format that you see it here. So, if we need to do something more formal than this or in a different timeframe that's what we would need specific guidance on. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess I ask a Council member -I feel kind of immaterial right now- as a Council member I would have preferred to see what the motion was and if there were any additional comments or stipulations or discussion points they wanted specifically addressed by the Council. I guess that that would be helpful in the dialogue because in some of this they know in more detail about the program and the project themselves and so just an opportunity for them to bring a certain aspect of it to our attention that maybe they had considerable discussion or dialogue on that they felt would warrant maybe more of a policy type discussion or further discussion by Council. Strong: Mr. President, members of Council this is beyond the minutes that you get later in the month from the Commission meeting then. Something earlier in the month is what you are talking about as far as a discussion? Meridian City Pre-Council Meeting February 10, 2004 Page 13 of 21 De Weerd: No, just for the packet regarding that specific item. So, you know - it's more the reader's digest if you extract it from the minutes or they in their motion have to bring up certain, for lack of a better word, findings that they would like us to consider as requirements or for item's of discussion. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Just to take the current example that we just heard about the car race track and some of the other things that are going to be combined into that - I would personally like to see a proposal that came together that included costs and we talked about costs a little bit - there would be costs, estimated timeframes, potentially outstanding issues for the Council being working between the departments. Some of those issues that let us know everything that's going on with that project in just a short reader's digest version and potentially follow that with the motion made from the Commission so that it gives us just a little more information so that we can act appropriately. Nary: I guess what I am trying synthesize what you folks are saying is that recommendation form like we have been getting from Planning & Zoning that synthesizes what the Commission said, what issues are still left to discuss. Is that kind of the format or idea you are talking about versus just - having the minutes with your memo would be more helpful because they don't come together so I have to - one is on one disc and ones on another so I don't always have a way to put them back together, but like we have been getting from Planning & Zoning for a while now is, for lack of a better term, a cheat sheet that says here is what they talked about and here is how many people showed up, here is the issues they raised, here is the issues that are still left to discuss. Because one of the things that we don't always see is that what if the project or proposal has changed from what the Commission saw to what they bring here, we a re not really going to k now what's different unless you tell us that this is different, but you know - something like that if the Commission gave them some direction saying well we will recommend it, but we'd recommend that before you go to Council you fix this or change that or whatever that we'd have some way, something that shows us here is what the Commission wanted, here's what they directed, here's the issues that they couldn't resolve that are here if there is any - you know, whatever those things are. It's kind of like what your memo is, but it sort of pulls together here's the Commission, here's Parks, here's your department's perspective of this project and then if there is relevant minutes to that discussion because again like with Planning & Zoning we get the minutes. I am not trying to create more work for you, I am just saying that when we see it, it kind of all blends together as all those pieces then it might make it a little easier. Does that sound all right? Does that make sense? We can get the minutes for this -Okay, any other questions for Mr. Strong? Bird: I have none. Meridian City Pre-Council Meeting February 10, 2004 Page 14 of 21 Nary: Okay, so it sounds like with this one, we are kind of on track to get the changes made on the Park's Ordinance and bring it back. Strong: Mr. President, members of Council you want it brought back as a final proposal for an ordinance? Bird: Please. Strong: From the attorney's office? Nary: I think so. We will talk a little b it a bout agenda here in a second and whether or not we are going to - how process wise we get those ordinances on, but other than making these few changes it sounds to me like what was the Council's direction was to continue with that recommending body type of language and clean up those few other minor issues you had left. Strong: Okay, thank you. Nary: Council on our next item is Item Number 6. Item 6. Discussion of Council Agendas: Nary: We have had this on a few weeks to kind of get this straight in our mind. I believe I forwarded it to all of you. It may have been yesterday or today. Ms. Powell had some suggestions on some of that. Mr. Nichols had given us copies of the appropriate ordinances that would need to be addressed. Does anyone want to start as to what their preferences of how we maybe restructure some of our agendas to help streamline our meeting a little bit? Bird: Mr. President. Nary: Mr. Bird. Bird: I would like to hear an explanation. I have never had a real clear explanation of what we want to change. I think I know where we are going. I don't agree 100 percent with where I think we are going. I think our system has been pretty successful. I know it needs to be worked over now and then. I am not in any favor of the citizens not being able to voice their opinions if they'd like, but in the same token, I'll probably contradicting myself, I'd like to see as much stuff as we can on consent agenda, you know what I mean? In the same token, I think this system has been very successful for a city that has grown faster than anybody in the State of Idaho at least over the last 13 or 14 years. Not that we haven't had our problems and I know there are some things that we need to tweak, but I'd just like to know what - I never had anybody really say well, we want to change this, we want to do this or we want to do that. If you have that, I'd like you to tell me, Bill. Meridian City Pre-Council Meeting February 10, 2004 Page 15 of 21 Nary: Sure. I guess I'll give you a little bit of my perspective. I would agree with you that most of the way we do our things I think are pretty effective and most of our agenda, I think, is pretty well done and probably can't be shortened to any significant amount. There is a couple of things that we do as a practice that may or may not have a tremendous value to what we do and seem to add a lot of time to our meeting. I w ill tell you the number one thing to me is the fact that we swear in every person that comes to testify. Bird: I agree 100 percent. Nary: I don't know anywhere in the State Code that requires that and I think that that was kind of part of our discussion point with Mr. Nichols is whether or not it is really necessary. It's necessary because of our ordinance requires it, but is it necessary by state law that we do it that way? It doesn't appear that we gain a lot of value because realistically, I think as we have discussed on a number of occasions, the folks that come here to tell us what they think are just telling us what they think. Bird: It's an opinion, not necessarily- Nary: T hey a re not necessarily telling us something that really h as a lot of- whether - it's not really an issue to them whether it's true. They believe it to be true because it's their opinion about something. That would save us some time without minimizing the content or the opportunity to give us their input. So, I guess that's one of the things in our agenda. I agree with you - the more that we can put on our consent agenda, the better. We want to make sure, of course, that we don't short circuit the public input as you stated. Another thing that we can group together is we can either by creating an agenda item for uncontested projects, like a consent agenda for the plats so that we make sure that each of the plats that we have the applicant tell us they are in concurrence with the conditions or they are not; they want to discuss them, we have a number of occasion - we have actually been fortunate lately we have had a number of final plats that there hasn't been an issue on or plats for phases or projects there hasn't been an issue. We could group them together and maybe pass them in one motion rather than three or four motions for that. Again, I think Mr. Nichols' input will be helpful on those. Obviously, at the public hearing stage we have tried to at least combine the items from different applications, but all for the same item annexations and preliminary plats and all of those things. So, I think we have tried to do that if we have eliminated the swearing in or at least did it in a different manner that might help us a little bit on time. I think it's very intimidating to folks sometimes to do that. Lastly, one of the things we haven't had a lot of lately, but sometimes I think we have all sat here when we have had four or five ordinances and the necessity to read the title from beginning to end and Mr. Nichols can tell us if the State Code says we - the State Code says, I think, you have to read the title. Now, I know in other cities, they don't really read the actual title; the title is printed on the agenda. The motion, which is normally - like in Meridian City Pre-Council Meeting February 10, 2004 Page 16 of 21 Boise, is done by the Clerk saying it's considered read by title. If that's legally adequate that certainly helps if we put those ordinances at the end of the meeting, so that the public doesn't have to sit through a half an hour of reading every one of those things until we get to the public hearings. That might help at least the public's being able to sit here and listen to that. We have had some discussions - I think Ms. Powell's email has some structural things as well that might help the process move a little quicker and be a little more efficient and try to keep some time limits on some things so that again people aren't rambling on and on about the same thing and try to focus their attention and if we let them know up front kind of like we have done occasionally, we did again last week and same here again we got 15 minute time period. Keep the people sort of on pace. That might help a little bit. The last thing; some of our department reports, I think, are very helpful. It's good to hear from the departments. There are certain things that probably we can compartmentalize differently. One of the suggestions - this isn't driven by our ordinance, we have a monthly financial report from the finance director in person for sometimes what is a three minute report to a written report we already received. My view is we should probably have the monthly written report, but we probably don't need Ms. Kilchennman to stay every month fejr five minutes. We could probably do that quarterly with her so that she still is getting the written material to you, if there is something in the interim of those quarters that you feel is important that you want to have finance present for we can certainly do that at a pre-council meeting, but to do that regularly just seems like a lot of wasted effort to some of those things. So, those are some of my thoughts as to ways I might do that and again, I think, Councilman Rountree probably has some as well and Mr. Wardle, but we'll probably need to hear from Mr. Nichols on at least the issue about swearing in these folks and whether or not that is really necessary. What do you think, Mr. Nichols? Nichols: Mr. President, members of the Council there is no requirement State Code that the witnesses be sworn. You can even take the, I think the point that even a sign is posted that witnesses are expected to testify truthfully and that sort of thing and then you just take them at their word. If someone gets caught in some sort of a fib that's different. But, typically, these are things that are not really controverted in terms of fact. Someone looking at how a development would impact their property, not necessarily something that the developer is going to be able to come up and say well you are all (inaudible). It is a matter of perception and for the most part folks are up here telling what they believe to be true. Anyway, it's just a requirement in your ordinance. So, if you take that requirement out, I don't think it diminishes the record because the record is still there that folks have given you information upon which you can rely. Now, I have been - most other places that I have appeared on behalf of clients in like Canyon County, Owyhee County they do swear in the witnesses as a group at the beginning of the meeting. They swear in the staff at the beginning of the meeting. You can't testify unless you signed up. You have to indicate on the sign up sheet whether you intend to testify or not and many times people say yes, but then their name is called and they decline. So, that is another approach Meridian City Pre-Council Meeting February 10, 2004 Page 17 of 21 that you can use would be to swear them in. I am not aware of a state statute or a case that says they have to be sworn. I think you would run a risk if you have an ordinance that says they have to be sworn and you don't then you do run a risk on that point of it because you haven't followed your own rules. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: I guess there is just some protocols or procedures or comments that we do - we opened this evening with a role call of attendance and state the obvious to a person too ur I eft that we a re a II h ere. Why can't something as simple as a silent role call be taken for that and the opening of our Council meeting? That saves 30 seconds. Not a lot of time, but you know. When it approaches 1 :00 in the morning that's a lot of time. Making of motions, we have a tendency to want to read exactly what is on the agenda in the form of this is what the motion is all about as opposed to what the content of a findings should be and that sort of thing. It seems to me that a motion could be to approve or deny an agenda item by item number and/or alpha character and then state your specific directions that would go with that approval or denial and again, not state the obvious that findings of facts and conclusions and decisions be prepared because that's just what's done. I don't know how specific we have to get it in motions a nd in that regard, whether we have to read everything on paper. It seems to me we could save some time and head scratching occasionally because sometimes I am trying to figure out what to say in a motion and try to remember the real important things like what somebody said about agreeing or disagreeing with the staff comment or that sort of thing that actually should be in the motion that isn't already a matter of record. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: I also agree with and I'll agree on that point with Councilman Rountree that it would greatly help my ability to listen more intently to public testimony if I know at the end of the action we could move on an item and be specific about what kind of action we wanted to have. I also agree that swearing in the public if it is not necessary that we need to look at changing that ordinance. I also believe that some of the comments that you have made about moving some of those ordinance readings to the end of the meeting so that we can move to the public hearings faster and the department reports faster so that city business that may not interest the public or they might not have comments on could be taken care of at the end of the meeting, so I do agree with those. Bird: Mr. President. Nary: Mr. Bird. Meridian City Pre-Council Meeting February 10, 2004 Page 18 of21 Bird: If I could add something. I think sitting through a lot of Council meetings, late ones which you and Shaun don't know what late is do they Charlie? But I think the biggest thing is at the public hearings that I would attend at the other cities they are very strict with their time. We are not strict with our time. We have had developers that have set here for 30 and 35 minutes getting their point across and it has been repetitious. I think there is ways we can streamline our meetings. I think you - Nampa has got a real nice way. At eight the public hearings start - I am just throwing out eight o'clock and at 10 the meeting is over. If they are not over they are continued. They go on a very strict deal. I am for streamlining any way we can as long as we keep integrity of the citizens within policy. The swearing in I think is - it's ridiculous and Charlie can see if I am wrong, but I don't recall swearing in until we hired our outside attorneys and had a certain attorney come on board that figured out he had to swear everybody in. De Weerd: Mr. President. Nary: Madam Mayor. De Weerd: I guess we were - Mr. Bird, we were only following our own orders. Bird: I know- De Weerd: So, if want to change that- Bird: We didn't follow them before. De Weerd: We certainly need to do that. But, I think the suggestions that our Planning & Zoning Director has suggested in formatting of and of educating our public that will probably be here to testify as to that process is very helpful and it does keep the integrity of the public process and allows them a chance to comment. I think that since the beginning of the year we have maintained the timing and I see you have added five minutes so be it and that's fair. We just need to be fair and consistent. That's something that should happen both here at City Council and also at our Planning & Zoning Commission. We shouldn't run our meetings two different ways. So, perhaps the fifth Tuesday of - if there is a fifth Tuesday we have a joint meeting with Planning & Zoning Commission that happens in March and we did talk at the director's meeting today that we meet jointly with the Planning & Zoning Commission that's an ideal time since we have two new Planning Commissioners to discuss how we want to run our meetings and that we do have that consistency and it's going to help them out a lot more. Our meetings rarely go past 10:30. So, I think that some of the comments tonight are being followed and would be easy enough to change if we want to take out the swearing of the person giving testimony that it would require an ordinance change, but that wouldn't be all that time consuming. Nary: Ms. Powell. Meridian City Pre-Council Meeting February 10, 2004 Page 19 of 21 Powell: Mr. President I did want to add that the consent or abbreviated public hearing for the non-controversial items wasn't just staffs desire to go home early. I do get frequent requests from the development community for that. I just wanted you to know it wasn't purely selfish. It was customer oriented. Nary: Well, Council, I think our time is running short, but what I would suggest if you are of a mind, we will get the comments that we have all expressed tonight and between myself and the Mayor and Mr. Nichols maybe within about two or three weeks we could just like we do with the other projects bring back what the amended ordinances will look like, what the proposal of process will be. I think Councilman Rountree's comments are very well taken and someone has to acknowledge that everyone is here, but we don't have to call roll every time we do that. We could certainly approve projects, I don't know if we want to stick with just letters because then we have to keep this paper showing what letter it is, but we could certainly do it by the title of the p reject and not have to read every single little thing that goes with it. I think we can move that along. I agree with what you are saying that if we didn't say findings of facts and conclusions of law decision (inaudible),- Mr. Nichols is going to do it anyway. So, whether or not we actually said those words I think it's still going to happen so maybe within two or three weeks we can then bring that back to all of you again and say here is what we propose the process to be and here is how we can streamline it, here is the ordinance changes that we can put on in a week or two if that's acceptable to everybody and then maybe we can get this off of our plate. Does that work for everyone? Rountree: Sounds great. De Weerd: Mr. President. Nary: Madam Mayor. De Weerd: I think though in your motions - I had talked to a city attorney about this and even how too pen u p the public hearing. I t's - I can identify it by a number. Also there is an application or your preliminary plat or your CUP number and then just state the name of the project itself and that would be sufficient in addition to any changes that you want in the conditions and that sort of thing. You could probably even start that tonight. Rountree: Thank you. De Weerd: You have my permission. Nary: Our last item is discussion of resolutions dealing with CDBG applications and there are four on your disks. I don't know who was going to talk about it. Nichols: Mr. President. Meridian City Pre-Council Meeting February 10, 2004 Page 20 of 21 Nary: Oh, Mr. Nichols. Item 7. Discussion of Resolutions Dealing with CDBG Applications: - Fair Housing - Anti-Displacement and Relocation Assistance Plan - Citizen Participation Plan - Non-Discrimination and Grievance Procedures Nichols: Mr. President, Madam Mayor and members of Council just to let you know that next week on your agenda will be adoption of resolutions that are necessary to adopt by February 20th in order for the City to be the applying entity for the grant to assist the Senior Citizen's Center Rehabilitation project. So, these are federal requirements we have to have these in place. I had some concerns about some of the mandates that were in them, but those have already been anticipated in the contract with Sage and that's part of what they contract for is to do some of the things that are required in these resolutions of the City. Things like identifying whether they are any impediments to fair housing in our statutes or if there-are any issues with regard to handicap accessibility under the Section 504 of the Rehabilitation Act and those sorts of things. So, they do that as part of their contracts. We just need to make sure that we get that as part of what they do in the contract. It's in the contract, we just need to make sure that we get it so that when we sign off on these grants that hopefully we will get, that we are in full compliance with the federal. Nary: Any questions, Council? Mr. Rountree. Rountree: Mr. President, Council, and Counselor. Are these resolutions essentially (inaudible) from the housing community development (inaudible) in the City of Meridian? Nichols: Councilman Rountree, Madame Mayor and members of the Council that is correct. These are the same ones that the feds ask communities in Oregon to sign. I can tell you that from just looking at them. They are (inaudible). They are ones that probably even have them in Alabama. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I believe we have had them in some form or another as we have received community bought grants that may have been changed slightly but it's been done in the past. Nary: Any other questions, Council? One last housekeeping item before we adjourn the Pre-Council session. Next week's meeting I have been trying to because of time needs and all that to not start meetings for Pre-Council before Meridian City Pre-Council Meeting February 10, 2004 Page 21 of 21 six at night, but next week the Hudson Company has some more information to provide us on the studies that they have been working on for the City and Ms. Blakesly is also here to finish up her follow up on her report and both of those items together are going to take approximately an hour and one half. So, next week unless it is a hardship for any of us or at least two of you to not get here we are probably going to start at 5:30 instead of 6:00 and I apologize for that, like I said, I know with everyone's schedule that 6:00 is really pushing it sometimes, but I am hoping that giving you a week's notice that you might be able to be here and get that done. I just wanted to make you aware of that. Is there any other business for Pre-Council? Okay then, motion to adjourn. Rountree: So moved. Bird: Second. Nary: All those in favor? ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:59 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 3 I 2- I f!}4-' .WEERD, MAXQ~ DATE APPROVED \\\t\\ II/{I/ \\\ . J:: Mt- 'I ,"\'_1 Or . CFft;o~ 11/// ~' ~.... '-1 /-'/ ~'a o?>poF11~ It- -;.... 2 .;;.0 (:-0 '\ I/. t ~ SlWl=ST D:~~~1:z ~ ;"7Q tJ ;:;WILLlAM G. BERG, JR., CIT. CLERK ~ Q ,,OJ 0.3' ~".o uSr 1S\ ' $ f -'/ ~<!t ~,~. ....' "/ "11"'. \v ", ......-:,'.., '!,.".o" ,I~ ~~1 ~...( t '.\ \. . '! - \ \ \" . I I ~ . February 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT February 10,2004 ITEM NO. s REQUEST Discussion of Ice Skating Facility AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: r c.O'\..-L\J U -r to( 'YU -\ 6'\.1; vJ-t-e-'(..( (\00fC Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs shall become property of the City of Meridian, Meridian City Pre-Council Meeting January 27, 2004 Page 14 of 19 Watson: Maybe briefly, yes. It would obviously be in draft form, but - I hate to bog you down with this because I knew you'll have at least two looks after I go to BCA, but I can certainly do that. Nary: Council do you have other questions? No. Just one that I guess, I have Brad. Timing wise it seems a little strange, I mean you are asking basically for us to pass a resolution or some motion or something accepting the plan, but we don't - we are sort of committing to some degree to the schedule of improvements, but we are not going to get the financial plan that the money is available to do that for another couple of months. Is that just cause of the timing, we just have to do it that way? Watson: It could be and when I ask for the resolution I don't anticipate that being in the next couple of weeks. We need to get DEQ's comments back and see if we need to rework anything and get the collection's system document finalized. I anticipate this to be like a two-month process. Hopefully, that will somewhat coincide with at least the draft financial plan. Nary: So, we could hold off at least on that and have that as part of the discussion of that draft financial plan and then schedule that at the same time with the pre-council session and then we could have a resolution or something after that. Watson: Sure, I think that would work great. Thank you very much. Nary: Thanks for bringing all your gang with you. ***End of Side 1 *** Item 5. Discussion of Ice SkatinQ Facilitv: Nary: Next item is the ice skating facility. There is a memo that is part of your packet and I don't know that there was a presentation, Madam Mayor, on this or- De Weerd: Mr. Nichols can introduce the parts he needs to - so we kind of know the direction Council is going. Nichols: Mr. President, Madame Mayor and Members of the Council. Some months ago I did a memo to the Mayor and Council that outlined additional information that needed to come from the Council in order for me to proceed with drafting a Memorandum of Understanding with the Ice Skating Facility group. The tentative idea is to have that facility on the Borah property on the corner of Cherry Lane and McDermott, which the City has about 30 acres there. The group needs to know when the City will have infrastructure available, so that when they go to potential donors they can say here is the City's plan for when those things will be there. So, the donors will know when they have to come up Meridian City Pre-Council Meeting January 27, 2004 Page 15 of 19 with their pledge and that sort of thing. So, I have outlined in the memo the additional information that I need to be able to go back to that group with some sort of Memorandum of Understanding and that's - we just haven't had a chance to have that discussion and for the Council- whether it's three years, ten years, two years, one year or whatever it is. De Weerd: Mr. President. Nary: Madam Mayor. De Weerd: I had also talked with Charlotte Catlett, she is somewhat leading this effort and at this point, which might come before the Memorandum of Understanding they want a letter of intent. I don't know what all planning we'll need to do for answers they need to have the letter of intent of what those qualifications - Nichols: Well, Madam Mayor, Mr. President, Members of Council when I met with Bob Aldridge one of the keystone pieces was when are facilities going to be out there so that we could actually put up a structure. So, I would think that is still is a key piece that needs to be in a letter agreement, letter of understanding, memorandum of understanding, however you want to characterize it that would set out what the City is willing to do when the City thinks those services will be there. How much ground is going to be made available? How might that be located? A lot of those things we have already discussed, but it's the timing of the infrastructure that I need to go forward. Nary: Council Members too, one of the things that might be helpful - we haven't had what I consider a full-blown presentation of this project. It was something that was brought to the City a few years ago. There has been some discussion about it, but I know there are at least two of you that probably hadn't heard anything about it before you saw this memo. So -- Mr. Wardle go ahead. Wardle: Mr. President and Mr. Nichols, I guess I'll address this to you because we are talking about the memorandum. I am actually familiar with the project. One of the questions that I do have before this City commits to a timeline when we are going to provide services and then obviously when the property will be zoned and donated and all of the things that need to happen is unlike the memorandum of understanding that we had with Adventure Island Playground, where that was to be built and then donated to the City, it is my understanding this group will be operating this ice rink and with that in mind, I believe we need to see some sort of a plan for the operation of that in conjunction with the City committing when we are going to provide services and then start the, I guess, our partnership together. Have they given, Mr. Nichols, any indication as to whether they are going to provide that at the time that we provide information to them? Meridian City Pre-Council Meeting January 27,2004 Page 16 of 19 Nichols: Mr. President, Mayor and Members of the Council. The group has formed a non-profit corporation. They received 501 (c) (3) status from the IRS, so they have gone a lot farther than many groups have. They have a board of directors, which includes, I think one of the Supreme Court Justices is on the - they have got a pretty broad-based group that has come forward with this process. In terms of the actual operation they - I know in previous discussions privately with them that they are looking at putting up two sheets of ice. They have some idea with regard to what works in a facility design. We have emphasized from the very beginning that if this were a situation where they built this facility on City property and ran it, it would have to be one at least as we staff represented to them was no cost to the City, it wasn't going to be subsidized by the City, so they are not going to go forward with a however many million dollar structure unless they know that they are going to be able to operate it in the black or at least break even. As far as a business plan that shows how they are going to market it and those kinds of things, I don't think they have got there yet. They are trying to focus on raising the money, the pledges to be able to put up the structure and as they get closer to their goal, they would then begin that process of laying out what the operational costs would be. There were some other questions I think we raised in terms of are we going to let commercial vendors have a food booth inside, is that any concern to the City? There are some other things that may have been outlined in the memo, we just need you to (inaudible) - I am sure they would be glad to come and present to you where they are at, what they have done, where they need to go, but I know that they have hit a road block in fund raising because they can't really go to a corporation and say we would like you to donate some money because they can't tell them when it's going to be built because they know it can't be built until sewer is available. Nary: Council members. I think we have got really two issues before us. One is when is facilities going to be available for that site, regardless of what's going to be there, whether it's the size (inaudible) or anything else. Those are decisions we have to make, but also if there is at least a desire to have a little more information before proceeding further and for Mr. Nichols to be putting this MOU together and letter of intent or whatever form we want to use, would that be the Council's preference? I can get a hold of these folks, Ms. Catlette, Mr. Aldredge and see if they would be available in the next week or two to come and give us a little bit more detail. At one juncture in the past, we were looking to pattern this after some other facilities in the Valley like the Optimist Club and some of the other types of facilities that have been used at long term leases, but you know, I think there appears to be some questions on folks faces and I think maybe - would that be helpful? Would you like me to do that? I can certainly try to book that within the next couple of weeks, so that we can proceed on this and move it along. Bird: That would be my preference, Mr. President. Nary: Mr. Strong, do you have any comment on this? If you don't, it's fine. Okay. Mr. Rountree. Meridian City Pre-Council Meeting January 27,2004 Page 17 of 19 Rountree: Mr. Nary. If the question is simply whether or not or when sewer is going to be out there, that is one thing, but I read in the memo a bunch of other things that they are asking from the City to take a position on. Though obviously, the sewer is probably the most costly initial item, there are some things in here in terms of whether or not the City wants to take over the facility at the end of the lease, etc., and apparently we need to address. So, I would like more information and be able to talk to those, but as far as the sewer I think we could probably give them a projected date on that. Nary: If the Council is all right, what I will do is try to get a hold of Ms. Catlette or Mr. Aldridge and try to see if we can schedule it within the next two weeks to come and give us a little more presentation on what they are really wanting and give us a little bit more and make those decisions to assist Mr. Nichols in this MOU because you are looking at some long term commitment for the City to have a facility there whether we are going to turn it over at the end of the day or whatever happens to it, so I will ask to do that and we'll put this back on in a week or two. Item 6. Proposed Fees for Picnic Shelters at Chateau Park and Meridian Settler's Park: Nary: Next item on our agenda is the proposed fees for picnic shelters. There is also a memo in your packets about that, basically f think all we are looking for is we have to have a public hearing on these fees. I think we had another fee hearing that we already talked about. Is there a way we can combine those, or do we have to burden us twice with having those things? Great. Well, basically, I think Council all we are looking for at this juncture is if they are at mind set to consider these proposed fees from the Parks Department for the shelters that we set a date. Do we have a proposed date Mr. Berg? Berg: No we don't. Nary: Okay, so we can set a date that needs to be at least three weeks from now, preferably longer, but before people start using them, so before summer. Berg: Yes sir. Rountree: Mr. President, if I could add just one thing. Mr. Nichols and I had discussed some issues and trying to draw up maybe in the ordinance that includes all parks rather than having to just keep adding - when we build a new park we add a new fee and so we are going to maybe try and clean that up also and make sure we are consistent through all the parks maybe with a square footage of a shelters, something in that nature so that - just because we add a new park we have to attach that fee the way the resolution is written. So, we are going to try and take care of that. o .... ,.t:\ o 06- ~~ ';>?..'g <1>....... b ~ '- ~~ rn <:,J .~ ~ e ~' ...... <.) ..J ~ ~ ..... ~S '..... ? tf) ~ ~ ~'t> ~E ~g u~ ..... . ~ ~~ ~~ ~P... ~~ ot ~"t; ~'So -<<:,J ~~ u eng -::r t,) en~ "{ g ~@) c;:> en ch~ ~~ C:\ .' P< ~~ r--() o c;:> '-0 en t- OC -.::t -;::8 ;:<-~ o.i::$ l=!-\ . ~ ~ ~~ O-$J,} ~'2. January 22, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT January 27, 2004 5 ITEM NO. REQUEST Ice Skating Facility 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 AtY\'~ GlyVl- S~1lJ1' dj"J ()IL' V 1fZVU {;~ ~ Ct\,oVV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED JAN 2 2 2004 Interoffice IvIEMORANDUM - City Of Meridian City Clerk Office To: Mayor Robert D. Corrie and Meridian City Council Cc: William G. Berg, Jr., Doug Strong From: Wm. F. Nichols Subject: Ice Skating Facility Date: January 22, 2004 Mayor Corrie and Council Members: Last summer I met with Bob Aldridge, one of the founders of the non-profit corporation formed to develop funding for an ice skating facility to be built in Meridian. The facility would include two "sheets" of ice, with additional space for locker rooms, and other accessory facilities. The non-profit corporation needs four to five acres of space, furnished through a lease of at least 20 years, at a very nominal rent. They also want the City to provide the infrastructure improvements, such as curb, gutter, sidewalk, and street improvements, along with sewer and water stubbed to the property. They would prefer to get any and all discounts they can on water/sewer connection fees and inspection fees. They also would expect the City to assist in the review and design of, and placement of, the facility upon the property. The corporation is willing to co-locate the facility with other general or special uses, and they primarily see that by sharing a common parking lot. They will build the building and construct the landscaping and parking lot. They anticipate that they will emphasize public usage of the facility, which will include allocation of time for school skating and hockey programs, developing programs for disabled people to enjoy the ice, and develop free and reduced fee programs, particularly for youth. In recognition ofthe City's contribution towards the facility by providing the land at low cost, the group is also willing to discuss discounts to bona fide City of Meridian residents. The group anticipates that they will raise all of the funds sufficient to build the facility before entering into the lease. They expect that it will take at least 2.5 million dollars to construct the bare bones facility, and want to raise more money than that. Before we can proceed to develop a Memorandum of Understanding, it is necessary for the Mayor and Council to answer some questions. Among these are: 1) the projection of the time frame within which water and sewer service will be available to the property, 2) a projection of the costs for those utility extensions, and 3) a commitment as to how those infrastructure improvements will be paid for. Along with the utility extensions, there will need to be a projection of, and plan for payment of, the cost of street related infrastructure improvements. The group also needs to lmow whether the City has any intent to take over the facility at the end of the lease, or at the end of any renewals that might be granted. Because the Corporation intends to sublease space to commercial entities such as a pro shop and food vendors, the corporation needs a commitment, or at least the City to answer the question, whether such leases will be permitted, and if so, whether the City intends to participate in any revenue from the subleases. The Corporation intends to sell advertising which will be displayed on the walls inside the facility, and they need to know whether the City has any objection to that advertising or to the Corporation being able to "name" various portions of the facility in recognition of significant donations or contributions. The City also needs to provide direction on the minimum lease term, and whether that can be extended, and if so, the length of each extension and the number of extensions that would be permitted. At the request of Doug Strong, we are proceeding to finalize purchase of the remaining 12 acres of the Borup property. Therefore, the timing of the discussion on these issues related to the ice skating facility is appropriate. Z:\Work\M\Meridian\Meridian 15360M\Mayor and CounciNce Skating Facility lO 13 03.doc c, R,ECEIVED OCT 1 5 2003 Interoffice lYffiMORANDUM - MAYORS OFFICE C!T:..: OF ~IEB:U)JAN To: Mayor Robert D. Corrie and Meridian City Council William G. Berg, Jr., Dj9j Strong Wm. F. NiC~ Ice Skating Facility Cc: From: Subject: Date: October 14,2003 Mayor Corrie and Council Members: Last summ,e! I met with Bob Aldridge, one of the founders of the non-profit corporation formed to develop funding for an ice skating facility to be built in Meridian. The facility would include two "sheets" of ice, with additional space for locker rooms, and l?ther accessory facilities. The non-profit corporation needs four to five acres of space, furnished through a lease of at least 20 years, at a very nominal rent. They also want the City to provide the infrastructure improvements, such as curb, gutter, sidewalk, and street improvements, along with sewer and water stubbed to the property. They would prefer to get any and all discounts they can on water/sewer connection fees and inspection fees. They also would expect the City to assist in the review and design of, and placement of, the facility upon the property. The corporation is willing to co-locate the facility with other general or special uses, and they primarily see that by sharing a common parking lot. They will build the building and construct the landscaping and parking lot. They anticipate that they will emphasize public usage of the facility, which will include allocation oftime for school skating and hockey programs, developing programs for disabled people to enjoy the ice, and develop fr~e and reduced fee programs, particularly for youth. In recognition of the City's contribution towards the facility by providing the land at low cost, the group is also willing to discuss discounts to bona fide City of Meridian residents. The group anticipates that they will raise all of the funds sufficient to build the facility before entering into the lease. They expect that it will take at least 2.5 million dollars to construct the bare bones facility, and want to raise more money than that. Before we can proceed to develop a Memorandum of Understanding, it is necessary for the Mayor and Council to answer some questions. Among these are: I) the projection of the time frame within which water and sewer service will ~e available to the property, 2) a projection of the costs for those utility extensions, and 3) a commitment as to how I) @;~'*~ 2..) 6 ;r ?) c1o/ ~ t @n;..~~ I those infrastructure improvements will be paid for. Along with the utility extensions, there will need to be a projection of, and plan for payment of, the cost of street related infrastructure improvements. The group also needs to know whether the City has any intent to take over the facility at the end of the lease, or at the end of any renewals that might be granted. Because the Corporation intends to sublease space to commercial entities such as a pro shop and food vendors, the corporation needs a commitment, or at least the City to answer the question, whether such leases will be permitted, and if so, whether the City intends to participate in any revenue from the subleases. The Corporation intends to sell advertising which will be displayed on the walls inside the facility, and they need to know whether the City has any objection to that advertising or to the Corporation being able to "name" various portions of the facility in recognition of significant donations or contributions. The City also needs to provide direction on the minimum lease term, and whether that can be extended, and if so, the length of each extension and the number of extensions that would be permitted. At the request of Doug Strong, we are proceeding to finalize purchase of the remaining 12 acres of the Borup property. Therefore, the timing of the discussion on these issues related to the ice skating facility is appropriate. ~ eridian\Meridian 15360M:'Mayor and Council\lce Skating Facility 10 I3 03.doc /(k~-4 L.th~ ~ ~~-6A4 ~~ J ct;J~k! . . ~ February 5,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT February 10, 2004 ITEM NO. ~ REQUEST Discussion of Snake River Remote Control Car Track 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: Di SCL\SS-E'cL See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridIan. , ' : Meridian Parks & Recreation , ' ~ ~ , , , ~ . ~ v ':. "Po . ? ., ~ . ?:: ~ . , ";; , ? . " ~~ ? ? ' , " ~? " ~ ~ ~?" - 07",;/ Memo '1r"1l E CT:1T\l'11."1 "11'%, W. Ii ~'. P !li A '\',_2 ,L:) .N. ..",_J,,_ DEe i 5 2003 From: Mayor and City Council Doug Strong, Director fX.---1\yf City of MBridia:n City C1e'rk (}r-n:::~{. To: Date: December 12, 2003 Re: Remote Control Car Track, Park and Recreation Commission Ordinance, Meridian Youth Baseball Concept for Settler's Park, and Picnic Shelter reservation fees. During the November and December Park and Recreation Commission meetings the following items were reviewed and passed by the Commission to be sent forward to Mayor and Council. The Parks Staff is requesting four items under the consent agenda for your January 06th or 13th meeting, which are listed below. ~.~ Snake River Racing is a local club of remote control car enthusiasts who V are looking for a more central valley location for a track for club activities as well as region wide sanctioned races. The five-acre parcel next to the Meridian Police Department has been proposed as a possible site because of its proximity to the freeway. The track would occupy an area of approximately 250 feet by 175 feet and would be constructed and maintained entirely by the club. A sketch ofthe track area is attached. 2. The Parks and Recreation Commission are submitting a draft of their proposed ordinance for Council review and action. The draft has been through several edits and has been reviewed by the city attorney, Bill Nichols and by Doug Strong. The Commission sub-committee made the edits that appear in red and Doug Strong made the edits in green. The sections that are bolded are those of Bill Nichols comments. The Commission approved the draft, as it appears with the exception that all Page 1 Page 2 references to the Department shall appear as the Parks and Recreation Department. A draft of the proposed ordinance is attached for review and action. 3. Conceptual drawings of the proposed baseball complex by Meridian Youth Baseball were reviewed and approved by the Parks and Recreation Commission. This complex is proposed to be developed on the Western portion of Meridian Settler's Park. The concept drawings have also been reviewed by staff and are ready for review and action by the Council. Construction drawings will be developed once Council approval is received. Drawings are attached. 4. Lastly, proposed fees for the picnic shelters at Chateau Park and Meridian Settler's Park are attached for Council review and action. Once approved; the shelters will be added to the Department's shelter reservation list and made available in the spring of 2004. The proposed fees are consistent with the fees currently being charged for shelters of the same or similar size that are in the Department's reservation system. f-JD'~ Ti I I j \ , I I ~ I N i ! ~ ! Ie 0 l i 0 -0 i -J.. N I [ .J. I j~ I <oJ I ! P- I VJ I ! , I ! i ! ! i ! ~i-- _A_....... ,-.....~ 175'""' --I- I r ~ I I Spe.tk-t.... ~(:)f S I roo J -- VI f i Pit ~lta... ~ .u .... . d:;- ~ '5- ----r I ! I I ~ I -.J ..... .d::. I -t- Gl-- I , j I \ I I _---1 vn ~ ~ ~ ~ -...:; \~ t...~ ~ ~ ~ ~ ~rE. MAYOR Tammy de Weerd ~~. r CITY OF L__ -',; L/Vlerldi::rH JDAHO " LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500' Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (208) 884.5533 . Fax 888-6854 CITY COUNCIL MEMBERS Shaun Wardle William L. M, Nary Charles M. Rountree Keith Bird ~. ,5:~r1. \1 v \I ,/ i' .;l .,Y' QI~j[;E : 1903 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, February 10, 2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Discussion of Ice Skating Facifity - Discussion of Snake River Racing Remote Control Car Track - Discussion of Parks and Recreation Commission Proposed Ordinance - Discussion of Councif Agendas - Discussion of Resolutions Dealing with CDBG Applications - Fair Housing - Anti-Displacement and Relocation Assistance Plan - Citizen Participation Plan - Non-Discrimination and Grievance Procedures The public is welcome to attend the meeting. DA TED this 6th day of February, 2004. . ~ . ; , ~ 33 EAST IDAHO AVENUE ~ MERIDIAN, IDAHO 83642 . (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 February 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT February 10,2004 5 ITEM NO. REQUEST Discussion of Parks and Recreation Commission Proposed Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: D\S0L\S&l'0-- pew ex \ f\.S 't:/).,~ (2.. e orcA \ (\ o.rl See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridJan. Meridian Parks & Recreation Memo RECEIVEl) DEe 1 5 2003 From: Mayor and City Council Doug Strong, Director IJ), City of Meridian City Clerk OfficE' To: Date: December 12, 2003 Re: Remote Control Car Track, Park and Recreation Commission Ordinance, Meridian Youth Baseball Concept for Settler's Park, and Picnic Shelter reservation fees. During the November and December Park and Recreation Commission meetings the following items were reviewed and passed by the Commission to be sent forward to Mayor and Council. The Parks Staff is requesting four items under the consent agenda for your January 06111 or 13111 meeting, which are listed below. 1. Snake River Racing is a local club of remote control car enthusiasts who are looking for a more central valley location for a track for club activities as well as region wide sanctioned races. The five-acre parcel next to the Meridian Police Department has been proposed as a possible site because of its proximity to the freeway. The track would occupy an area of approximately 250 feet by 175 feet and would be constructed and maintained entirely by the club. A sketch of the track area is attached. ~ ~ The Parks and Recreation Commission are submitting a draft of their /' L/ proposed ordinance for Council review and action. The draft has been through several edits and has been reviewed by the city attorney, Bill Nichols and by Doug Strong. The Commission sub-committee made the edits that appear in red and Doug Strong made the edits in green. The sections that are bolded are those of Bill Nichols comments. The Commission approved the draft, as it appears with the exception that all Page 1 Page 2 references to the Department shall appear as the Parks and Recreation Department. A draft of the proposed ordinance is attached for review and action. 3. Conceptual drawings of the proposed baseball complex by Meridian Youth Baseball were reviewed and approved by the Parks and Recreation Commission. This complex is proposed to be developed on the Western portion of Meridian Settler's Park. The concept drawings have also been reviewed by staff and are ready for review and action by the Council. Construction drawings will be developed once Council approval is received. Drawings are attached. 4. Lastly, proposed fees for the picnic shelters at Chateau Park and Meridian Settler's Park are attached for Council review and action. Once approved; the shelters will be added to the Department's shelter reservation list and made available in the spring of 2004. The proposed fees are consistent with the fees currently being charged for shelters of the same or similar size that are in the Department's reservation system. NOTE: Several references in the draft refer to "Board" when it should refer to "Commission." These should all be changed. CHAPTER 2 PARKS AND RECREATION COMMISSION 2-2-1: ESTABLISHMENT, MEMBERSHIP, TERMS, VACANCIES: A. Commission Established: There is hereby established a Meridian Parks and Recreation Commission of the City. This provision is the same as current code. B. Membership; Compensation: 1. This Parks and Recreation Commission shall consist of seven (7) members. Any four (4) members ofthe Commission shall constitute a quonun for the transaction of any business of the Parks and Recreation Commission. Members of the Commission shall be appointed by the Mayor and approved by the City Council on a vote of one-half (1/2) plus one of the Council members, and Commission members may, in like manner, be removed. This provision deletes a reference to no salary for commission members (but that is provided elsewhere in the revision). It adds a quorum definition. 2. All members of the Parks and Recreation Commission and the officers thereof shall serve without salary or compensation. The City shall provide the necessary and suitable equipment and supplies to enable the Commission to properly transact and attend to its business.The budget for Commission equipment and supplies shall be provided for them through the Parks and Recreation budget. This provision carries the no salary provision but adds a requirement that the City provide equipment and supplies. This implies that the budget will contain provisions for equipment and supplies for the Commission. This provision should be adopted only if the Council intends to budget for Commission equipment and supplies or otherwise provide for them through the Parks budget. 3. Residents who reside within the City limits, or area of impact and are a minimum of eighteen (18) years of age are eligible to serve on the Parks and Recreation Commission. No more than two (2) members may be appointed from residents of the City impact area, outside the corporate limits. Page 1 of7 This changes the composition of the commission by eliminating a mandatory one member from the area of city impact and a maximum of three. It allows one or two members from the area of impact, but no such appointment is mandatory. It may be necessary to change the wording to allow for one mandatory position in order to obtain County approval of the adoption of Park Impact Fees for the area of impact. The provision adds a youth member which would be a voting position. The main problem with that is it conflicts with the number of members set forth in B.1., and puts the total members at an even number which can result in tie votes with no tiebreaker. One suggestion would be to make the youth position ex-officio thereby allowing for input. The wording for this should also be revised as the current wording is awkward. 4. One member of the Meridian City Council, the City's Parks and Recreation Director,_OIle member who represents the administration of the Joint School District No.2, Ada County, State ofIdaho, and an additional position may be added to represent tRe youth veise-ef which may be, at the time of appointment, under eighteen (18) years of age. All shall serve as ex- officio members with no vote. This provision is the same as current code. C. Terms of Office: 1. Each Commissioner shall serve a term of three (3) years provided that the youth member shall be appointed to a term of up to one (1) year and may be reappointed to up to three (3) successive terms. Commissioners wishing to serve additional terms must submit a letter of interest thirty (30) days prior to the first term expiring. Reappointments are at the discretion of the Mayor, with confirmation by the City Council. *re-insert stagered term rotation language from current ordinance. This provision eliminates the staggered term language. It should be reinserted so appointments to mid term vacancies do not affect the staggered rotation. 2. Vacancy: When vacancy occurs, interested citizens will submit a letter of interest or resume to the Mayor within an advertised time period. (Ord. 822, 4- 20-1999) Page 2 of7 This provision is the same as the current code. 3. A subcommittee of three (3) individuals of the Parks and Recreation Commission will review the application and submit a recommendation to the Mayor. The location of the applicant's residence, in order to provide a representation based upon geographic areas and population will be given strong consideration. This provision is the same as found in 2-2-1 B. in the current code 2-2-2: ORGANIZATION; RULES AND REGULATIONS: A. Officers: At the December meeting of each year, the members of the Parks and Recreation Commission shall meet and organize by electing one of their members President, Vice President and such other officers as may be necessary. The City Parks and Recreation staff shall provide secretarial service for the Commission. This provision changes the time of election of officers from the beginning of the fiscal year to the end of the calendar year. If the terms of appointment run from the beginning of the calendar year, this may not make much difference. It may simply be a reflection of what would be a better practice. B. Rules And Bylaws: The Parks and Recreation Commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the Parks and Recreation Commission. The bylaws, rules and regulations are subject to the approval of the Mayor and City Council after recommendation by the Commission. (Ord. 822, 4-20-1999) This provision is the same as th.e current code. 2-2-3: DUTIES: It shall be the duty of the Parks and Recreation Commissioners to work in conjunction with the Parks Department staff to advise the Mayor and the City Council in the orderly and efficient administration of the city Parks and Recreation system as hereinafter amended, and any other ordinances hereinafter enacted and amended relating to parks, urban forestry and recreation: There are major changes in this section. City Council needs to decide whether the Commission remains a recommending body or whether it moves into more policy making and supervision. Some rule making is Page 3 of7 subject to council approval, but other language implies more authority for the Commission. The reference to cemeteries should be deleted. A. Supervision of Recreation Areas: 1. To advise the Parks and Recreation Department staff, the City Council, and the Mayor as to the best use of all public parks and any land or lots hereinafter purchased, leased, devised and bequeathed to the City for park and recreation purposes, and as such to ffireet make recommendation regarding the ornamenting, adorning, laying out and improving of the grounds of said parks; This provision makes the Commission the superintending body for parks with the ability to direct how parks are landscaped and laid out. Currently that responsibility rests with the Mayor and Council. 2. To study the economic and physical conditions and problems in connection with the maintenance, operation, management, control and use of all the public P3!~ grounds, park and playground facilities in the City; This provision is acceptable. 3. To propose and promulgate reconm1end rules and regulations for the control and regulation of the use of the public park grounds, buildings, and playground facilities; Subject to approval by the Mayor and City Council. Promulgating rules is policy making. Although later in the draft it refers to Council approval, it is not clear if the Council has much discretion. If the Council wants the Commission to promulgate rules and regulations, better wording would be to preface such provisions with "Subject to approval by the City Council..." or it could say "Makes recommendations to the Mayor and Council for..." 4. To study and propose plans, and promulgate recommend rules and regulations for the planting, growing, care, regulation and control of trees and shrubbery in all public places; This provision is acceptable. 5. To represent the public interest in making suggestions and recommendations for the development, use and expansion of needed and required playground and other recreational and leisure program activities; This provision is acceptable Page 40f7 6. To propose plans, recommendations and suggestions for the future growth development and regulation of park, playground, and recreation facilities of the City This provision is acceptable 7. To set priority to plans, recommendations and suggestions for the future growth development and regulation of park, playground and recreation facilities ofthe City. Subject to approval by the Mayor and City Council. This proviSion allows the Commission to determine priority for plans, future growth, etc. Since these items are so closely tied to fiscal issues, the final decision should rest with the City Council. 8. To propose plans, recommendations, and suggestions to the annual budget to be submitted by the Parks Director for the projects and expenditures for the next fiscal year prior to the budget proposal being submitted to City Council for approval. This provision involves the Commission in budget planning. This can be acceptable if it is modified to constitute a recommendation, and so long as the Parks Director can submit his/her own vision for the budget since that is one of this department head's job duties. 9. To suggest and recommend such rules and regulations necessary and desirable to carry out the intent of the Chapter This provision is acceptable. 10. To review and comment on the Parks and Recreation Department's Comprehensive Plan and Action Plan This provision is acceptable. 11. To review and comment on the City's Comprehensive Plan as that plan relates to Parks and Recreation This provision is acceptable. 12. To represent the public interest in making recommendations to the-Mayef ooG-tJ::ie City Council for the employment of the park and recreation agency director. If requested bv the Mavor, to review candidates for Parks and Recreation Director and make recommendations to the Mavor regardinq those candidates. Page 5 of? This provision places the Commission in the hiring process as well as recommending use and control of the parks, etc. I would suggest that the second phrase regarding ILIse of parks is redundant with the ability to make or recommend rules and regulations and therefore the second phrase can be deleted. As to hiring, since the Mayor has the statutory obligation to appoint department heads, I suggest that this provision be modified to read: "If requested by the Mayor, to review candidates for Parks and Recreation Director and make recommendations to the Mayor regarding those candidates." Such discussion may qualify for executive session. 13. To suggest and recommend such rules and regulations necessary and desirable to carry out the intent of the Chapter and to improve and correlate the problems of governmental administration of all recreation and leisure programs of the City; This provision is acceptable. 14. To appoint members ofthe commission to subcommittees to provide community information to the Parks and Recreation Commission concerning particular facilities or programs of the park and leisure movement of the City. This provision carries appointive powers which are generally held by the Mayor. Perhaps adding "Subject to approval by the Mayor," to the beginning of the sentence would clarify roles. All rules and regulations fOlIDulated, proposed and promulgated by actions of the Parks and Recreation Commission shall be --aflflfovcd and ratified subject to approval by the Mayor and Council and after such approval and ratification shall have the force and effect of ordinance. All rules and regulations of the Parks and Recreation Commission now in effect shall remain in full force and effect until amended, altered or repealed. B. Advisory Status: The Parks and Recreation Commission shall be deemed advisory and report to the Mayor and City Council. The Parks and Recreation Commission chairman will submit an annual report to the Mayor and Council. (Ord. 822,4- 20-1999) This provision should be modified to read: "All actions of the Commissioners shall be subject to approval by the Mayor and City Council. When approved, any rules and regulations shall have the force and effect of ordinance." Page 6 of7 Section 2-2w4 FEES The Parks and Recreation Commission is hereby authorized and empowered to make recommendations regarding the establishment of and regulate all fees for facility reservations and/or rental, facility admission, program activity participation, and league registration; and the establishment of fees for urban forestry services. All rules and regulations pertaining to fees shall be subject to approval by the Mayor and the Meridian City Council. (Ord. 4895, 12-30-85; Ord. 5227,4-17-90). This provision needs its own number rather than to be stuck at the end as an unnumbered paragraph. I suggest that it be reworded to clarify that fees are suggested or recommended to the Council for adoption rather than "make" or ''fixing'' fees and charges. This provision is acceptable. 2-2-5: MEETINGS:. _ The Commission shall meet regularly each month at a time and place determined by the Commission. All meetings shall be open to the public and shall be publicized; the Commission shall allow and promote public participation in the meetings of the Commission. The Commission shall also review and comment on any needed changes to the City's Comprehensive Plan as it relates to Parks and Recreation. (Ord. 822, 4-20- 1999) This provision is the same as the current code. retl- CUirJ,fVIIJrt'tnv reChY\~d.-tvt'/pn.f ~r2en. - ) f)~ r. rl. Ctrfhl'Vl en. dex..4i ~f 10 DId... - 13;11 NioA.o Is { P"Yn ht.en- r,r ! r-e C (J tn h--a e Jt-d~ tTnJ Page 7 of7 Page 1 of2 CHAPTER 2 PARKS AND RECREATION COMMISSION 2-2-1: ESTABLISHMENT, MEMBERSHIP, TERMS, VACANCIES: A. Commission Established: There is hereby established a Meridian Parks and Recreation Commission of the City. B. Membership; Compensation: 1. This Commission shall consist of seven (7) members who shall receive no salary. Members of the Commission shall be appointed by the Mayor and approved by the City Council on a vote of one-half (1/2) plus one of the Council members, and Commission members may, in like manner, be removed. 2. Residents who reside within the City limits, or area of impact and are a minimum of eighteen (18) years of age are eligible to serve on the Commission. At least one but not more than three (3) members may be appointed from residents of the City impact area, outside the corporate limits. 3. A subcommittee of three -(3) individuals of the Parks and Recreation Commission will review the application and submit a recommendation to the Mayor. The location of the applicant's residence, in order to provide a representation based upon geographic areas and population will be given strong consideration. 4. One member of the Meridian City Council, the City's Parks and Recreation Director, and one member who represents the administration of the Joint School District No.2, Ada County, State of Idaho, shall serve as ex-officio members with no vote. C. Terms Of Office: 1. Each Commissioner shall serve a term of three (3) years. Commissioners wishing to serve additional terms must submit a Jetter of interest thirty (30) days prior to the first term expiring. Reappointments are at the discretion of the Mayor, with confirmation by the City Council. 2. Starting dates of terms were staggered at the inception of the Parks and Recreation Commission so that three (3) Commissioner's terms expire each year starting in October 1, 1999. D. Vacancy: When vacancy occurs, interested citizens will submit a letter of interest or resume to the Mayor within an advertised time period. (Ord. 822, 4-20-1999) 2-2-2: ORGANIZATION; RULES AND REGULATIONS: A. Officers: At the first meeting each fiscal year, the members of the Parks and Recreation Commission shall meet and organize by electing one of their members chairman and such other officers as may be necessary. The City Parks and Recreation staff shall provide secretarial service for the Commission. B. Rules And Bylaws: The Parks and Recreation Commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the Parks and Recreation Commission. The http://66.113.195.234/docbar.htm 2/1 012004 Page 2 of2 bylaws, rules and regulations are subject to the approval of the Mayor and City Council after recommendation by the Commission. (Ord. 822, 4-20-1999) 2-2-3: DUTIES: A. Supervision Of Recreation Areas: 1. The Parks and Recreation Commission shall advise the Mayor, City Council, and Parks and Recreation Director, on the planning for, conduct of, operation of, and the supervision of, public parks and public playgrounds, athletic fields, recreational facilities and other recreation activities on any of the properties owned or controlled by the City, and on any other properties in the area of impact upon which recreational facilities and/or activities are conducted and/or planned. 2. Each year during the preliminary stages of budget preparation the Commission shall assist in planning and prioritizing projects and expenditures for the next fiscal year, and shall review the Parks and Recreation Department budget before its submission to the City Council. The Commission shall also review and comment on any needed changes and/or revisions to the City's Comprehensive Plan as that plan relates to Parks and Recreation. B. Reports: The Parks and Recreation Director shall make monthly reports to the Mayor and City Council, and other reports from time to time as requested by the Mayor and the City Council. The Parks and Recreation Commission chairman will submit an annual report to the Mayor and Council. C. Advisory Status: The Parks and Recreation Commission shall be deemed advisory to the Parks and Recreation Director, the Mayor and City Council. (Ord. 822, 4-20-1999) 2-2-4: MEETINGS: The Commission shall meet regularly each month at a time and place determined by the Commission. All meetings shall be open to the public and shall be publicized; the Commission shall allow and promote public participation in the meetings of the Commission. The Commission shall also review and comment on any needed changes to the City's Comprehensive Plan as it relates to Parks and Recreation. (Ord. 822, 4-20-1999) http://66.113.195.234/docbar.htm 2/1 0/2004 / I Meridian City Pre-Council Meeting February 10, 2004 Page 8 of 21 lot that Councilman Rountree raised. That way the BMX or excuse me the Snake River Racing folks know what schedule they are on to be able to put this together. Is that a fair timetable - is that kind of what everyone thinks process wise? Someone want something different than that? Rountree: Works for me. Nary: Does that sound okay to you, Mr. Strong? Strong: That would be fine. Nary: Great. So, ultimately, we will see it again before we get too much further down the road. Before we are turning dirt, we will see it again. Strong: It will require communication with the Police Department and that could be tough. Nary: He is here every Tuesday night, at least for a while. Great. Thank you. Next is the Parks and Recreation Commission Ordinance. De Weerd: That's you again. ~ Item 5. _...-r- ~ Discussion of Parks and Recreation Commission Proposed Ordinance: Strong: Mr. President, members of the Council, Madam Mayor. What you have before you is something that has evolved over time, I guess would be the easiest way to describe this. There has been several additions of a proposed change to the existing Park & Recreation Commission Ordinance. It's taken a number of months to get to this point. So, what you see before you - I hope you have a colored copy. You will see a read through by Mr. Bill Nichols our City Attorney that's in bold and statements from his review in between paragraphs and then some revisions in red that were made by Commission members working on the subcommittee to pull this ordinance together and then the edits that you see either underlined or crossed-out in green are my edits to the proposed ordinance. With all that being said, there is still some editing that needs to take place because I think that there are one or two places in the ordinance where I missed adding recreation to Parks & Recreation Commission, so that it reads throughout as Parks & Recreation Commission Ordinance. So, with that I will stand for questions if you have had the opportunity to look through it. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Doug, one of the things that we have talked about and I am just going to ask if it's been resolved is the difference between a recommending body and a Meridian City Pre.Council Meeting February 10, 2004 Page 9 of 21 policy-making body for the Parks Commission. Is that something that has been resolved or is that something you need direction from the Council on? Strong: M r. P resident and Councilman Wardle, I think that hopefully with this (inaudible) and with Mr. Nichols' review as well, you will see that the edits that I have made in this have changed some of the wording that read as a policy to an advisory capacity for the Commission to be consistent with what the intent of the Commission as I understand it from what it's inception was. So, if there is anything that still reads as policy versus advisory we would need further review of that, but I believe that most all of that's been caught and you will see in Mr. Nichols' notes there are several locations in the document where that change has been recommended. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: And just to follow up. I know from my time on the Parks Commission that that was a question from some of the Commissioners as to - that were working on the ordinance - as to what the City would like to see that body be. Personally, I feel that it's a recommending body that's a very important body to the City, but one that recommends projects and policies to the Mayor and to Council who ultimately make those decisions. Nary: Doug, I missed what you said when I was looking for my color copy. The red, the green and then the black bold are which? What's the difference between them? Strong: The black bold in between paragraphs is Mr. Nichols' review and recommendations for how it needed to be worded in some cases. The red changes are actually changes made by Commission members that were on the subcommittee to review and recommend this ordinance. Then the green changes our mind. After my read through, providing additional edits. Nary: So, is the green changes after you reviewed the comments from Mr. Nichols? Strong: Yes. Nary: Okay. Because I noticed his comment and then the green makes that change and I just wanted to make sure I understood that- Strong: It's also after the red edits. Nary: The green is the last one that you did? Strong: The green is the last. Meridian City Pre-Council Meetirig February 10, 2004 Page 10 of21 Nary: I got it. Okay. Strong: Green is go, I guess. Nary: Okay. Council do you have other questions or concerns about - or Madame Mayor - about the ordinance and I guess the ultimate proposal are the edits that are in green and I think, I guess, I would echo what Councilman Wardle just said too. I do concur that I think that the really the objective and responsibility of Commissions are recommending bodies and not necessarily policy making bodies, but I think you have captured that in the final edit through here. I think that really is the intent, but does anyone else have any other input for Mr. Strong? Strong: Mr. President, just for some additional clarifications. I read through this today at what is here still needs some changes it looks like because I think staggered terms is identified as needing to be cfarified, so there needs to be some final writing to the document to make it accurate before we have a final document. This is"a draft document. All of that will need to be carefully reviewed again. It's been a while since, I think, everybody has looked at it. Bird: Mr. President. Nary: Mr. Bird. Bird: Let's say that Doug needs to go through and I agree with him that there is a couple of areas that need to be added in like the staggered terms, the succession of terms and all that stuff and get it back to us and give us a week to work it over and run it through the program. I like the basics of it real well. So much better than the old one. Nichols: Mr. President. Nary: Mr. Nichols. Nichols: Mr. President, members of the Council, Madame Mayor. I think the key thing was to get a sense from the Council the recommending versus policy- making part of it because it was the position of our former Mayor that that's the way it ought to be and it didn't really move forward to you, but I know that there were - I believe there were some on the Commission that felt - the Parks and Recreation Commission had felt differently about it. So, as long as - which we have we have got your clear indication on what direction you want us to go, then we will work on getting it in final form and bringing it back to you at a future time for you to go through it and go forward with it. Nary: As always, you were reading my mind because that's what I was going to say was that it appears that the main question in reading this was that distinction { Meridian City Pre-Council Meeting February 10, 2004 Page 11 of 21 between policy-making essentially and recommendations and seems to me that what Council is saying that they prefer that recommending language that you got in the last edit. Madame Mayor, did you have anything? De Weerd: Yes, M r. President, I k now when they started this they wanted to tailor it after that the way the Boise Commission is set up and that is not policy- making either. I think with the new director and a better working relationship it deals with a lot of the concerns that the Commission had when they originated the rewrite of this ordinance and so some of that has been taken care of through other happenings - Bird: (inaudible)- De Weerd: I was going to say that and then I decided not to. So, it does look good. I guess the question remains for me is similar to Planning & Zoning. They are not a decision-making body in most cases, but their recommendations come to City Council in a written form, you have been the bearer of their recommendations and I would like to see a little bit more formality to them expressing their oJJinions and motions. At least maybe that the minutes are extracted to where the motion is in written form to Council so they are more aware of what the Commissions coming from on the various issues that come in front of us. Nary: Mr. Wardle. Wardle: Mr. President. Thank you. I agree with the Mayor and one of the things that will help me as the liaison to this department currently would be - and I think we are doing a good job with the memos that are coming into the Council. I have a little more knowledge on some of the events having attended the Commission meetings, but it allows the Council to ask questions that the director or I can answer and so I think we are beginning to move towards a little bit better process bringing things from the Commission to the Council, but I would like to see just a little bit more formality. My follow up question to Doug is is there an item that can be addressed in - is it on the agenda for tomorrow's Commission meeting? Strong: Mr. President, Councilman Wardle it's on as an information item update on what we attempted to do at each Commission meeting is bring back anything that is passed out on the Commission and update on it's progress through the Council, so we update every month on anything that's pending and just as a point of clarification the form that you see it in now has passed out of the Parks & Recreation Commission as acceptable, at least in draft form. Nary: I guess - Madame Mayor, members of the Council do you want - when you are saying you want some formality, I mean do you want like some sort of signed document from the Commission or some sort of memo from the Chair saying the Commission has discussed this item and is that the formality that you are talking about? Meridian City Pre-Council Meeting February 10, 2004 Page 12 of 21 Wardle: Mr. President. Nary: Mr. Wardle. Wardle: One of the things that I would like to see and we talk about these projects - the skating rink being one of them and Adventure Island being another is potentially some sort of an informational packet. We just addressed tonight that the people from the skate rink are not here and we don't have a lot of information. If we could have some sort of a short presentation - and I am thinking of the zoning packets that go through Planning & Zoning. Certainly, not necessarily quite as complex as that, but something where the staff can make recommendations on certain individual points would be helpful for myself when deciding on projects that come out the Commission. Strong: Mr. President, members of the Council if I could just clarify what we currently do so we have some idea of what the expectation is that would help us so that we have something specific to work from. Following a Commission meeting we have an agenda that the following morning any action taken or that occurred at the meeting is hand written in much like the Council minutes that we receive the next day after a Council meeting whether an item was approved or not. That is sent out to the Mayor and Council the next day and then as you see in the packets that you have, the memo that comes to the Council with the recommendation that comes from the Commission and it comes from me to the Council in the format that you see it here. So, if we need to do something more formal than this or in a different timeframe that's what we would need specific guidance on. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess I ask a Council member - I feel kind of immaterial right now- as a Council member I would have preferred to see what the motion was and if there were any additional comments or stipulations or discussion points they wanted specifically addressed by the Council. I guess that that would be helpful in the dialogue because in some of this they know in more detail about the program and the project themselves and so just an opportunity for them to bring a certain aspect of it to our attention that maybe they had considerable discussion or dialogue on that they felt would warrant maybe more of a policy type discussion or further discussion by Council. Strong: Mr. President, members of Council this is beyond the minutes that you get later in the month from the Commission meeting then. Something earlier in the month is what you are talking about as far as a discussion? Meridian City Pre-Council Meeting February 10,2004 Page 13 of 21 De Weerd: No, just for the packet regarding that specific item. So, you know - it's more the reader's digest if you extract it from the minutes or they in their motion have to bring up certain, for lack of a better word, findings that they would like us to consider as requirements or for item's of discussion. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Just to take the current example that we just heard about the car race track and some of the other things that are going to be combined into that - I would personally like to see a proposal that came together that included costs and we talked about costs a little bit - there would be costs, estimated timeframes, potentially outstanding issues for the Council being working between the departments. Some of those issues that let us know everything that's going on with that project in just a short reader's digest version and potentially follow that with the motion made from the Commission so that it gives us just a little more information so that we can act appropriately. Nary: I guess what I am trying synthesize what you folks are saying is that recommendation form like we have been getting from Planning & Zoning that synthesizes what the Commission said, what issues are still left to discuss. Is that kind of the format or idea you are talking about versus just - having the minutes with your memo would be more helpful because they don't come together so I have to - one is on one disc and ones on another so I don't always have a way to put them back together, but like we have been getting from Planning & Zoning for a while now is, for lack of a better term, a cheat sheet that says here is what they talked about and here is how many people showed up, here is the issues they raised, here is the issues that are still left to discuss. Because one of the things that we don't always see is that what if the project or proposal has changed from what the Commission saw to what they bring here, we are not really going to k now what's different unless you tell us that this is different, but you know - something like that if the Commission gave them some direction saying well we will recommend it, but we'd recommend that before you go to Council you fix this or change that or whatever that we'd have some way, something that shows us here is what the Commission wanted, here's what they directed, here's the issues that they couldn't resolve that are here if there is any- you know, whatever those things are. It's kind of like what your memo is, but it sort of pulls together here's the Commission, here's Parks, here's your department's perspective of this project and then if there is relevant minutes to that discussion because again like with Planning & Zoning we get the minutes. I am not trying to create more work for you, I am just saying that when we see it, it kind of all blends together as all those pieces then it might make it a little easier. Does that sound all right? Does that make sense? We can get the minutes for this -Okay, any other questions for Mr. Strong? Bird: I have none. MerIdian City Pre-Council Meeting February 10, 2004 Page 14 of 21 Nary: Okay, so it sounds like with this one, we are kind of on track to get the changes made on the Park's Ordinance and bring it back. Strong: Mr. President, members of Council you want it brought back as a final proposal for an ordinance? Bird: Please. Strong: From the attorney's office? Nary: I think so. We will talk a little b it a bout agenda here in a second and whether or not we are going to - how process wise we get those ordinances on, but other than making these few changes it sounds to me like what was the Council's direction was to continue with that recommending body type of language and clean up those few other minor issues you had left. Strong: Okay, thank you. Nary: Council on our next item is Item Number 6. Item 6. Discussion of Council Agendas: Nary: We have had this on a few weeks to kind of get this straight in our mind. I believe I forwarded it to all of you. It may have been yesterday or today. Ms. Powell had some suggestions on some of that. Mr. Nichols had given us copies of the appropriate ordinances that would need to be addressed. Does anyone want to start as to what their preferences of how we maybe restructure some of our agendas to help streamline our meeting a little bit? Bird: Mr. President. Nary: Mr. Bird. Bird: I would like to hear an explanation. I have never had a real clear explanation of what we want to change. I think I know where we are going. I don't agree 100 percent with where I think we are going. I think our system has been pretty successful. I know it needs to be worked over now and then. I am not in any favor of the citizens not being able to voice their opinions if they'd like, but in the same token, I'll probably contradicting myself, I'd like to see as much stuff as we can on consent agenda, you know what I mean? In the same token, I think this system has been very successful for a city that has grown faster than anybody in the State of Idaho at least over the last 13 or 14 years. Not that we haven't had our problems and I know there are some things that we need to tweak, but I'd just like to know what - I never had anybody really say well, we want to change this, we want to do this or we want to do that. If you have that, I'd like you to tell me, Bill. ~~Q- V ~ DSt .ft{ ~u6l\'G ~:\ltlu/ ,-1httY1l(~ ~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, February 10, 2004 at 6:00 p.m. City Council Chambers 1. RolI~call Attendance: Shaun Wardle _ Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Ice SkatinQ Facilitv: (*15 minutesf 4. Discussion of Snake River Racing Remote Control Car Track: (*5 minutes) 5. Discussion of Parks and Recreation Commission Proposed Ordinance: (*15 minutes) 6. Discussion of Council Agendas: ('''is minutes) 7. Discussion of Resolutions Dealing with CDSG Applications: - Fair Housing - Anti-Displacement and Relocation Assistance Plan - Citizen Participation Plan - Non-Discrimination and Grievance Procedures (*5 minutes) * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda - January 27, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City ofMeridiaa Anyone desiring accommodation for disabilities related to documents and/or hearings please contaet the City CIerk's Office at 888-4433 at leJlllt 48 hours prior to the public meeting. ** TX CONFIF<. . [ON REPORT ** AS OF FEE 09 '04 09:28 PAGE. 01 CITY OF MERrDlAN 29 30 31 DATE TIME TO/FROM 02/09 09:21 3810160 02/09 09:23 PUBLIC WORKS 02/09 09:24 2084664405 MODE EC--S EC--S EC--S MIN/SEC PGS 00'59" 0212 00'38" 002 00'38" 002 CMDt; STATUS 038 OK 038 OK 038 OK -------------------------------------------------------------------------------------------- ~~Oj)u ~ CSt .fDr Vubl;0 ~otiw -1htJ.r!lC~ ~ CITY OF MERIDIAN PRE-COUNCJL MEETING AGENDA Tuesday, February 10. 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle _ Bill Nary Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Ice SkatinQ Facility: (-is minutes) 4. Discussion of Snake River Racing Remote Control Car Track: ("'5 minutes) 5. Discussion of Parks and Recreation Commission Proposed Ordinance: r15 minutes) 6. Discussion of Council Agendas: (.15 minutes) 7. Discussion of Resolutions Dealing with COSG Applications: - Fair Housing - Anti.Displacement and Relocation Assistance Plan - Citizen Participation Plan - Non.Djscrimination and Grievance Procedures ("5 minutes) "Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Moridian City C<lunofl At"!Ida-JlU1U"'Y 17, 2004 p~g., 1 of! All mol"".' pre~ nl p~blic .<OOdillgo ohMl booome pNll<>1y oftlu: City ofMcri~ ~. d."lllriD,llaccoDlllloW1ion to.: dimilirl", {clllted to dot:un:llllJls and/or heori>>CO pi..... C<lo\:j~ !he City Clai:.'s Office lit 8S&4433llt lwt 'IS bou:J1I prinrtDtho public meetillg. / ( '0" TX IRMATrON REPORT "'* AS OF FEB 0S '134 ~:58 PA!;;E.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDIl STATUS 01 1'l2/09 09: 28 8841159 EC--S 00'38" 002 038 OK 132 132/09 09:29 20888407<14 EC--S 00'37" 002 \338 OK 03 IXV09 09:313 POLlCE DEPT EC--S 130'38" 13\32 038 OK 134 02/139 09:32 8985501 EC--S 013'38" 002 038 OK 135 02/09 13S: 33 Ll BRMY EC-S 013'47" 002 1338 OK 06 02/09 09:34 92083776449 EC--S 00'36" B02 038 OK 07 02/09 09:35 208 388 6924 EC--S 00'46" 002 038 OK 08 02/09 09:36 21388886854 EC--S 00'38" 002 038 OK 139 132/09 09:38 208 695 0390 EC--S 00'38" 002 038 OK 1\3 fl2/09 09:39 208 387 6393 EC--S 00' 38" ee2 038 OK 11 02/09 09: 40 ADA CTY DEUELMT (;3-S I'll '09" 002 038 OK 12 02/09 139:42 8885052 EC--5 00'37" e02 038 OK 13 02/09 e9:43 CHERRY LANE (;3-5 01'13" 002 038 OK 14 e2/09 09'45 POST OFFICE EC--S 00'59" 002 038 OK 15 02/09 09:47 IDRHO ATHLETIC C EC--5 00'38" 1302 038 OK 16 fl2/09 09:48 887 0816 G3--5 el'14" 002 038 OK 17 02/09 09:50 ID PRESS TRIBUNE EC--S 00'38" 0132 038 0'0< 18 02/09 09:51 20888867131 EC--S 013'38" 002 038 OK 19 02/09 139:55 ALL AMERICAN INS EC--S 00' 37" 002 038 OK 2eI 02/09 09:57 1283000413 U3--S 00'47" 0132 038 OK -----------------------------~-------------------------------------------------------------~ ~lLC~,h~ ~ CSt ~{ ~lJ6t;G Uatku -1hc1.r1l(':, ~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, February 10, 2004 at 6;00 p.rn. City Council Chambel'$ i. Roll-call Atteodance: _ Shaun Wardle _ Bill Nary Charlie Rountree Keith Bird - _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Ice SkatinQ Facilitv: (.1S minutes) 4. Discussion of Snake River Racing Remote Control Car Track: (.S minutes) 5. Discussion of Parks <Ind Recreation Commission Proposed Ordinance: ("15 minutes) 6, Discussion of Council Agendas: (~15 minutes) 7. Discussion of Resolutions Dealing with COBG Applications: - Fair Housing - Anti-Displacement and Rolocation Assistance Plan - Citizen Participation Plan - Non-Discrimination and Grievance Procedures ('5 minutes) "Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridi...CltyCo\>l\cl1 "t<'><Io-J..."}' 21, 200< F.colof! "11_. pr<~ II< ",ohll<omcrti:op,!,oJl booom<r<"l'<<1yoflb< City ofM<ri~ ~.d..";';Ol:=_odJ1iOllIOr dWbilitito ..1>1"\ 10 &.wmonts"""""heWC' pl...._..lhcCily CJal:'. Offi....ll8_33 *,1_48 bouropr;or>nm. pobli....<tio,;. February 5, 2004 Department Reports MERIDIAN CITY COUNCIL MEETING February 10, 2004 APPLICANT Public Works Dept. -- Brad Watson ITEM NO. 1-1)-( REQUEST Agreement for Professional Services, WWTP Noise & Odor Study - Corolla Engineers 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 ~V1Y ~~ t~ ! f ,j ...t.;_<.~ :'-...' 'v \:, Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. fl !' J 0 Of Meridian Clerk Office To: Mayor de Weerd & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 1/22/03 He: January 27 City Council Meeting Agenda Items The Public Works Department respectfully requests that the following item be placecl on the February 10 City Council agenda, under Public Works Department Reports, for Council's consideration: Aareement for Professional Services, VVWTP Noise & Odor Study - Carollo Engineers. Carollo Engineers submitted a final draft of a Noise & Odor Study to us which I have reviewed. I also forwarded the agreement to Anna Powell and discussed the study with her. I will ask Carollo Engineers to have frequent check-in meetings with us (including P & Z staff) so that the information they are providing is useful in the eventual evaluation of land uses around the WNTP. Public Works will work closely with P & Z so that useful land use recommendations or, at a minimum, ideas can be presented to Mayor and Council. At my request, Carollo has added Task 2,1, Odor Control Reference Standards and Policies, in which they will conduct a literature search and telephone interviews to determine what other sewerage agencies are doing in terms of land use. The agreement represents Task Order No. 4 of the existing WNTP Facility Plan Update Study and is technically a change order. The agreement is on a time-and- materials basis, not to exceed $64,000. Recommended Council Action: Approve the agreement with Carollo Engineers for the WWTP Noise & Odor Study on a time..and-materials basis, not to exceed amount of $64,000, and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. .. Page 1 TASK ORDER NO.4 CITY OF MERIDIAN (OWNER) AND CAROLLO ENGINEERS, A PROFESSIONAL CORPORATION (ENGINEER) This Task Order is issued by the OWNER and accepted by the ENGINEER pursuant to the mutual promises, covenants and conditions in the Agreement between the above named parties dated the 23rd day of July, 2002, in connection with: The Wastewater Treatment Plant Facility Plan Update Project (Project). PURPOSE The ENGINEER's scope of services, time of completion and compensation shall be as set forth herein. Services shall be generally described as an assessment of the potential for off-site impacts from odors and noise originating from the OWNER's wastewater treatment plant. ENGINEER'S SERVICES Project shall be referred to as the wastewater treatment plant odor and noise mitigation study. ) TASK 1-PROJECTMANAGEMENT ENGINEER will provide the following project management services for the duration of the project: 1.1 - Management. Manage the efforts of the project team members and subconsultants, assign manpower, delegate responsibilities, review work progress, and communicate with the City. 1.2 - Project Meetings. Schedule and attend project meetings with the City. The proposed schedule includes the following meetings: D Two preliminary meetings during the evaluation phase. D One review meeting of the final report. TASK 2 - ODOR CONTROL EVALUATION This task includes investigation and assessment of potential odor sources and presentation of control alternatives. 2.1 - Odor Control Reference Standards and Policies- ENGINEER will conduct a brief literature search and telephone interviews to summarize example odor control performance criteria adopted by municipal sewerage agencies in other regions. Odor performance criteria will summarize the allowable odor concentration and frequency under the adopted standards, with reference to the land uses surrounding the wastewater treatment facilities. Available monitoring procedures and other public relations measures and policy guidelines will also be reported. 2.2 - WWTP Odor Source Assessment. ENGINEER will summarize the potential WWfP odor sources and the potential odor producing compounds, or the "type" of odors; the conditions contributing to odor production; and the expected odor concentration ranges. The odor potential from the existing WWfP as well as the expanded unit processes recommended in the Wastewater Facility Plan will be addressed. 2.3 ~ Odor Control Performance Criteria. ENGINEER will define three levels for odor control performance criteria, as adjusted odor units in terms of Dilutions to Threshold (OfT), with the maximum annual frequency, in accordance with American Society for Testing and Material, (ASTM) E 679. Performance levels will be used to quantify the expected performance and benefits from odor control alternatives. The three general levels will be as follows: · No Action - The base condition of the existing WWTP with no odor control. e Level 1 - Provide odor containment and control for the most significant odor sources, considered to be the influent raw sewage and headwork:s area, and the biosolids handling processes of the WWTP. This level of odor control is considered to be appropriate for industrial and non-retail commercial land use. e Level 2 - Provide odor containment and control from all major components of the WWTP, including the primary clarifiers, aeration basins, thickening facilities, and secondary clarifiers, in addition to the provisions in Level 1. This level of odor control is considered to be appropriate for near-by residential areas, public parks, and commercial land use. 2.4 - WWTP Odor Dispersion Model. ENGINEER will engage the services of Webster Environmental Associates, Inc, as a subconsultant, to complete atmospheric dispersion I modeling to show the"predominant dispersion pattern, odor concentrations, and annual , frequency distribution of odors from the existing WVVTP, assuming the most-probable odor concentrations with no odor control measures. Dispersion modeling will apply the Breeze ISC model (Version 4.0.4) with meteorological data from the EPA SCRAM website for the nearest available weather station. Results from the dispersion model will be shown on an aerial map with the probable odor impact at the WWTP property line and the surrounding area. The WWTP odor impact with Level 1 and Level 2 odor control facilities in-place will also be predicted by the model. 2.6 - WWTP Odor Control Capital Improvements. ENGINEER will describe general alternatives for odor containment covers, foul air handling, and methods of treatment Preliminary capital cost estimates for the improvements will be organized in stages to attain the Level 1 and the Level 2 performance standard as defined in Task 2.3 for the existing WWTP and the expanSions proposed in the Facility Plan. Conceptual alternatives will include physical/chemical and biological systems for treatment of gas- phase odors. The life cycle costs of odor control alternatives will be developed to compare capital as well as operation and maintenance requirements. Cost-to-benefit analyses of the three odor control performance criteria will be displayed using the atmospheric dispersion model in Task 2.4. A draft Technical Memorandum will be provided for review, to incorporate the OWNER's comments into the final report. Preliminary design of the preferred odor control alternatives will be developed with design criteria, showing basic plan and section drawings and equipment cut-sheets. Final recommendations will be summarized and can be ammended into the recommendations and phasing in the Facility Plan. TASK 3 - NOISE ASSESSMENT This task includes investigation and assessment of potential noise sources and presentation of control alternatives. 3.1 - WWTP Sound Level Documentation. ENGINEER will utilize the services of Pritchard White, Ph. D., as subconsultant, to record and document the WWTP sound levels in decibels and the sound frequencies, to compare to measured ambient noise levels. The sound will be measured under the expected normal and maximum WWTP operating conditions, over times when the surrounding neighborhood noises are at the minimum and maximum. Potential noise sources will include the existing WWTP and modifications proposed in the Facility Plan. The one-third octave band spectra and A-weighted noise levels will be measured at the following locations: 1 . NW corner of property 2. SW corner of property 3. Midway along south property line 4. SE comer of property 5. 500 ft S of-SE comer of property 6. 500 ft S of Location 3 7. 500 ft S of SW comer of property 8. Near Blower Building 9. Interior WWfP site - exact location to be determined To document the difference between the WWTP operating conditions and neighborhood noises at different times, sound level measurements are proposed for the following times and days: 1. Monday, 11 :00 PM: Quietest neighborhood time, indicative of minimum ambient noise 2. Tuesday, 12:00 noon: Typical mid-day operation 3. Wednesday, 10:00 - 11 :00 AM: During testing of the WWTP standby diesel generators and the biosolids dewatering centrifuge 4. Wednesday, 4:00 - 6:00 PM: Normal WWTP operation, with the highest local traffic noise on Ustick and Ten Mile ENGINEER will compare the noise measurements at the property to other noise measurements in the Treasure Valley, and to other noise ordinances from various cities and counties in the US. An attainable noise reduction goal and maximum WWTP sound level will be defined, relative to the measured ambient noise. 3.2 - WWTP Sound Attenuation Alternatives. ENGINEER will summarize WWfP noise sources identified from Task 3.1. General noise control alternatives will be presented, to include WWTP site improvements such as sound panels, and other specific source control components such as mufflers, silencers, insulation and enclosures. The expected sound attenuation for each alternative will be identified with preliminary cost estimates. A draft Technical Memorandum will be provided for review, to incorporate the OWNER's comments into the final report. PROJECT DELlVERABLES Tasks 2 and Task 3 will be presented in the form of one Technical Memorandum ( TM ). The following deliverables will be prepared as part of the project: A. Draft TM, (3 copies) of Task 2 for the odor sources, dispersion model, conceptual odor control alternatives and preliminary cost estimates, for OWNER review. B. Draft TM (3 copies) of Task 3 for the noise level report, control alternatives, and preliminary cost estimates, for OWNER review. C. Final Odor and Noise Mitigation TM (5 copies). OPTIONAL SERVICES 0-1.0 - Odor Sampling. WWTP odors are typically highest during the warmer summer months. This study will assume odor concentrations, typical for normal domestic sewage. Odor sampling is nofincluded in this proposal, since the completion is anticipated during ) . winter and early spring. Odor sampling and analyses can be included in a future task to verify assumptions used in this preliminary assessment, or to conduct a more thorough documentation of the odor characteristics and concentrations. Odorsampling can include a combination of field measurements, and off-gas sampling for laboratory analyses, selected on a case-by-case basis. SERVICES PROVIDED BY OWNER OWNER will provide access to the wwrp for the ENGINEER and subconsultants to conduct all evaluations under this scope. OWNER will also provide available base maps and aerial photographs. TIME OF COMPLETION The estimated schedule for completion is: Notice to Proceed (NTP) Draft Odor Control Evaluation Draft Noise Evaluation Final TM Odor and Noise Mitigation (no later than) 60 days from NTP 90 days from NTP 120 days from NTP COMPENSATION OWNER shall pay ENGINEER on an hourly basis in accordance with the attached engineering cost estimate (Exhibit A). Subconsultants shall be invoiced at ENGINEER's cost plus ten (10) percent. All other direct costs shall be invoiced at the actual cost. ENGINEER's total compensation for the Scope of Services identified in this Task order shall not exceed the amount of sixty four thousand dollars ($64,000), without additional authorization from OWNER. The ENGINEER shall submit monthly statements to the OWNER based on the ENGINEER's labor and expenses accrued at the time of billing. OWNER shall make monthly payments in response to ENGINEER's statement. EFFECTIVE DA TIE This Task Order No.-A...is effective as of the /0 -f~ day of ;:ebrtl ~J- 2012.1::... IN WITNESS WHEREOF, duly authorized representatives of the ENGINEER and of the OWNER have executed this Task Order No. -A- evidencing its issuance by OWNER and acceptance by ENGINEER. 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Roll-call Attendance: Y.... Shaun Wardle X Bill Nary X. Charlie Rountree )( Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community. Jnvocation by Stan Kelly Senior Pastor at Capital Christian Center: 4. Swearing in Ceremony for three new Police Officers -- Will Stoy, Chris McGilvery, and Brian Lueddeke: / . . . .D . ~JYtS n I SS)q ffl;yYfd '-\~ l :5 q, Adoption of the Agend a: ~~(J ~"~ ~ ~ t~ cu~ lit ~ (j'Iu aottf11vvt- I j)t - L.fJ-.;. J.' ~A+t~ Consent Agenda: CV;('}(1,t ~ut ~'y. vf{'Bt.t?rh-J.L -C;fJ~ I ~ F~Q rr'-v- f . A. I Approve minutes of January 27, 2004 Pre-Council Meeting: ~ f d. I <-j2~~..LC B. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: VAC 03-007 Request for a Vacation of three feet of ACHD right of way on each side of West Pennwood Street for Troutner Business Park Subdivision No.2 by Mary Ballantyne - west of South Meridian Road and south of West Franklin Road: ~ C. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-034 Request for Preliminary Plat approval for a re-plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of 6 commercial building lots and 1 common lot on 17.26 acres in a C-G zone for Troutner Business Park No.2 by Mary Ballantyne - south of West Franklin Road and west of South Meridian Road: ~ 5. 6. Meridian City Counci I Agenda - Fcbmary 10, 2004 Page lor 4 All materials presented at public meetings shall become propel1y orthe City orMeridian_ 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. app~ H. D. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-029 Request for Preliminary Plat approval of 6 building lots on 2.064 acres in a L-Q zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers - 2150 West Cherry Lane: C(~ Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-048 Request for a Conditional Use Permit for a Planned Development for nursing home care for up to 40 patients and office use with reduced setbacks and landscaping requirements in an L-Q zone for proposed Cher Lane Office Park Subdivision by Pinnacle Engineers, Inc. - 2150 West Cherry Lane: E. G. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-031 Request for annexation and zoning of 15.04 acres from RUT to R-8 zones for proposed Windsong Subdivision by Landmark Engineering & Planning, Inc. - west of Nort~ Linder Road and north of West Ustick Road: ~\At vf3,~ct 1--VVGltd.tl Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-037 Request for Preliminary Plat approval of 66 single-family building lots and 2 common lots on 15.04 acres in a proposed R-8 zone for proposed Windsona Subdivision by Landmark Engineering & Planning, Inc. - westpf Nortb Li~der oad and north9f);Ve~tIU_stick Road: '/J JJ '-Vvl~ <Ar\(lt ~t11 ~1t1Y~ carrJ'C-t{ Findings of Fact d Conclusions of Law for Denial: RZ 03-009 Request for a Rezone of 6.39 acres from C-N to R-8 zones for proposed Sta leton Subdivision by Wardle and Associates - 3680 West Ustick Road: a I. Findings of Fact and Conclusions of Law for Denial: PP 03-019 Request for Preliminary Plat approval of 40 building lots and 7 other lots on 5.93 acres in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: ~ Findings of Fact and Conclusions of Law for Denial: CUP 03-034 Request for a Conditional Use Permit for a Planned Development for a 41-lot subdivision to include a reduction in minimum size lots, size of homes, minimum square footage on main floor of multi-level homes, and setbacks in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: 0fPr8ve. Findings of Fact and Conclusions of Law for Denial: RZ 03- 011 Request for a rezone of 9.34 acres from I-L to R-15 zones for J. K. Meridian City Council Agenda - February 10,2004 Page 2 of4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, O. proposed Ma air Commons Subdivision by Wildwood Development, LLC - 1125 East Pine Street: pprovC-- L. Findings of Fact and Conclusions of Law for Denial: PP 03- 031 Request for Preliminary Plat approval of 38 building lots and 17 other lots on 12.74 acres in a proposed R-15 zone for proposed Mayfair Commons Subdivision by Wildwood Development, LLC - 1125 East Pine Street: ~ Findings of Fact and Conclusions of Law for Denial: CUP 03- 057 Request for a Conditional Use Permit for multi-family residential subdivision requesting reduced setbacks, parking standards, and dimensional requirements in a proposed R-15 zone for proposed Mayfair Commons Subdivision by Wildwood Development, LLC - 1125 East Pine Street: Apprav-c Addendum to Development Agreement for Park Impact Fee Reimbursement for Farwest, LLC Lochsa Falls Subdivision: Resolution No. 0 tf -lf2D Agreement with Adventure Island Playground: M. N. 7. Department Reports: A. B. Planning and Zoning Department - Anna Powell 1. Di~~AII American Stora~e: ~~Jl /vt1~ Public Works Department - Brad Watson 1. Agreement for Professional Services, WWTP Noise & Odor Study - Corollo Engineers: ' 8. (Items Moved from Consent Agenda) r 1 0, 9. FP 04-001 Request for Final Plat approval of 31 single-family residential building lots and 4 common lots on 5.2 acres in an R-8 zone for Highgate Subdivision No.1 by liarri~ .Hol]1es, LLC - 2700 North MerJ.c.1ian Road: rrl eft.. --t6ro -w 2-/11 ~\\-t?l ItA(~~y"...te. ~a 10. FP 04-002 Request for Final Plat approval of 45 single-family residential building lots and 4 common lots on 10.49 acres in an R-8 zone for Hig~~ate Subdivision No.2 by Harris Homes, LLC - 27qO. North '.~ MeridIan Road: -\-ztru -ro z,fll ~}.6I1J c.f;2ou~d~. c.anl e~ 11. FP 04-003 Request for Final Plat approval of 77 single-family residential building lots and 14 common lots on 25.14 acres in a R-4 PD zone for Melidian City Council Agenda - February 10,2004 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabiliti es related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 houlO prior to the public meeting. 14. 15. 16. 17. 18. 19. 20, 2( d 12. Lochsa Falls Subdivision No.7 by Lochsa Falls, LLC - west of North Linder Road and north of West McMillan Road: ~Q;vclLL c 12\ e~ aoiJnltv .~. e~ ~ VI FP 04-004 RequesfYor Final Plat approval of 54 single-family residential building lots and 4 common lots on 24.48 acres in a R-4 PO zone for Lochsa Falls Subdivision No.8 by Lochsa Falls, LLC - we~.t of North (), 1 Linder Road and north of West McMillan Road: ~p.prtv-e. (.;{9u.-~..{Q I ce1yO\. Public Hearing: Proposeine~ seJYice fee for the Third Party Billin~ A~reement: ~1/.lI!:. ~--- ~... ,. -- /' ~.., poJ /1 ~ a-/,/-lJr A e:J tin? L /JY1€ ltvl-( /ILl' puL-h ~ r1'V"t. .6't? ...- ~ Public Hearing: AZ. 03-033 Request for annexation and zoning of 10.05 acres from RUT to R-8 zones for proposed Baldwin Park Addition by Capital Development - north of West Ustick Road and east of North Linder Road: .1!C-hrn.eep Iv r,P~ ..f'1f- f ol.e --firr a~vd., Public Hearing: PP 03-038 Request for Preliminary Plat approval of 71 single-family residential building Jots and 7 common lots on 19.07 acres in a proposed-R-8 zone for proposed Baldwin Park Addition by Capital Development - north of West Ustick Road and east of North Linder Road: ~Aetj tr? rweP~ ../'IF.tC/.e rhr F?~I/aL Public Hearing: PFP 03-004 Request for Preliminary I Final Plat approval of 2 building lots on 3.775 acres in a C-N zone for Cherry Crossin~ Commercial Subdivision by Hawkins Companies - northwest corner of West Cherry Lane an~,}'Jorth ~inder Road: ai'~e!J .;;0 p<<-f'tirX-/I.t: d cl-t r:hrr Public Hearing: AZ 03-027 Request for Annexation and Zoning of 140.25 acres from RUT to R-4 zones for proposed Sa~uaro Canyon Estates Subdivision by Farwest, LLC - nortj1 sid~,of East McMillan Road and east of North Meridian Road: ~-tl.UJth 1 8/q Public Hearing: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Sa~uaro Canyon Estates Subdivision by Farwest, LLC -)lJo~~ige of ~~it McMillan Road and east of North Meridian Road: VV"'(Y' , t-{I w# ~q Public Hearing: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Sa~uaro Canyon Estates Subdivision by Farwest, LLy - north side of East McMillan Road and east of North Meridian Road: (J1iJ1frtd Wt-h I ~/1 Sye6J~ :;;~l~()~, () , dee/SF ~ ~ rol) ,,_/f1.&u.frf.ru.~) PVO Meridian City Council Agenda - February 10,2004 Page 4 of 4 All materials presented at public meetings shall become property of the City of Melidian, 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. fli1.J<?crr ~ p.,...e,.p~ ~ri..-(J-vi'f'.n-io-;O #13 57& 13. March 18, 2004 MERIDIAN CITY COUNCil MEETING APPLICANT March 23, 2004 ITEM NO. '" C; -J$ REQUEST Approve minutes of February 10,2004 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: F ()J(f jf9 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 10, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community: _Invocation by Stan Kelly Senior Pastor at Capital Christian Center: 4. Swearing in Ceremony for three new Police Officers -- Will Stoy, Chris McGilvery, and Brian Lueddeke: Swore in 5. Adoption of the Agenda: Approved 6. Consent Agenda: A. Approve minutes of January 27, 2004 Pre-Council Meeting: Approve B. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: VAC 03-007 Request for a Vacation of three feet of ACHD right of way on each side of West Pennwood Street for Troutner Business Park Subdivision No.2 by Mary Ballantyne - west 0 f South M erid ian Road a nd south 0 f West Franklin Road: Approve C. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-034 Request for Preliminary Plat approval for a re-plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of 6 commercial building lots and 1 common lot on 17.26 acres in a C-G zone for Troutner Business Park No.2 by Mary Ballantyne - south of West Franklin Road and west of South Meridian Road: Approve Meridian City Council Agenda - February I 0,2004 Page I of 5 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-029 Request for Preliminary Plat approval of 6 building lots on 2.064 acres in a L-O zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers - 2150 West Cherry Lane: Approve E. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-048 Request for a Conditional Use Permit for a Planned Development for nursing home care for up to 40 patients and office use with reduced setbacks and landscaping requirements in an L-O zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers, Inc. - 2150 West Cherry Lane: Approve F. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-031 Request for annexation and zoning of 15.04 acres from RUT to R-8 zones for proposed WindsonQ Subdivision by Landmark Engineering & Planning, Inc. - west of North Linder Road and north of West Ustick Road: Approve G. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-037 Request for Preliminary Plat approval of 66 single-family building lots and 2 common lots on 15.04 acres in a proposed R-8 zone for proposed Windsonq Subdivision by Landmark Engineering & Planning, Inc. - west of North Linder Road and north of West Ustick Road: Approve with Changes H. Findings of Fact and Conclusions of Law for Denial: RZ 03-009 Request for a Rezone of 6.39 acres from C-N to R-8 zones for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: Approve I. Findings of Fact and Conclusions of Law for Denial: PP 03-019 Request for Preliminary Plat approval of 40 building lots and 7 other lots on 5.93 acres in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: Approve J. Findings of Fact and Conclusions of Law for Denial: CUP 03-034 Request for a Conditional Use Permit for a Planned Development for a 41-lot subdivision to include a reduction in minimum size lots, size of homes, minimum square footage on main floor of multi-level homes, and setbacks in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: Approve Meridian City Counci I Agenda - February 10, 2004 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at Ieast 48 hours prior to the public meeting. K. Findings of Fact and Conclusions of Law for Denial: RZ 03- 011 Request for a rezone of 9.34 acres from I-L to R-15 zones for proposed Mayfair Commons Subdivision by Wildwood Development, LLC - 1125 East Pine Street: Approve L. Findings of Fact and Conclusions of Law for Denial: PP 03- 031 Request for Preliminary Plat approval of 38 building lots and 17 other lots on 12.74 acres in a proposed R-15 zone for proposed Mayfair Commons Subdivision by Wildwood Development, LLC - 1125 East Pine Street: Approve M. Findings of Fact and Conclusions of Law for Denial: CUP 03- 057 Request for a Conditional Use Permit for multi-family residential subdivision requesting reduced setbacks, parking standards, and dimensional requirements in a proposed R-15 zone for proposed Mayfair Commons Subdivision by Wildwood Development, LLC - 1125 East Pine Street: Approve N. Addendum to Development AQreement for Park Impact Fee Reimbursement for Farwest, LLC Lochsa Falls Subdivision: Approve o. Resolution No. 04-420 Island PlaVQround: Approve Agreement with Adventure 7. Department Reports: A. Planning and Zoning Department - Anna Powell 1. Discussion of All American StoraQe: Discussed B. Public Works Department - Brad Watson 1. Agreement for Professional Services, WWTP Noise & Odor Study - Corollo EnQineers: Approve 8. (Items Moved from Consent Agenda) F&G 9. FP 04-001 Request for Final Plat approval of 31 single-family residential building lots and 4 common lots on 5.2 acres in an R-8 zone for HiQhQate Subdivision No.1 by Harris Homes, LLC - 2700 North Meridian Road: Table to February 17, 2004 Meeting 10. FP 04-002 Request for Final Plat approval of 45 single-family residential building lots and 4 common lots on 10.49 acres in an R-8 zone for Meridian City Council Agenda - February 10,2004 Page 3 of 5 All materiaIs 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. Highgate Subdivision No.2 by Harris Homes, LLC - 2700 North Meridian Road: Table to February 17,2004 Meeting 11. FP 04-003 Request for Final Plat approval of 77 single-family residential building lots and 14 common lots 0 n 25.14 acres j n a R -4 P D zone for Lochsa Falls Subdivision No.7 by Lochsa Falls, LLC - west of North Linder Road and north of West McMillan Road: Approve 12. FP 04-004 Request for Final Plat approval of 54 single-family residential building lots and 4 common lots on 24.48 acres in a R-4 PD zone for Lochsa Falls Subdivision No.8 by Lochsa Falls, LLC - west of North Linder Road and north of West McMillan Road: Approve 13. Public Hearing: Proposed new service fee for the Third Party Billing Agreement: Approve $20.00 fee - Attorney to prepare resolution 14. Public Hearing: AZ 03-033 Request for annexation and zoning of 10.05 acres f rom RUT to R-8 zones for proposed Baldwin Park Addition by Capital Development - north of West Ustick Road and east of North Linder Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: PP 03-038 Request for Preliminary Plat approval of 71 single-family residential building lots and 7 common lots on 19.07 acres in a proposed R-8 zone for proposed Baldwin Park Addition by Capital Development - north of West Ustick Road and east of North Linder Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: PFP 03-004 Request for Preliminary / Final Plat approval of 2 building lots on 3.775 acres in a C-N zone for Cherry Crossing Commercial Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 17. Public Hearing: AZ 03-027 Request for Annexation and Zoning of 140.25 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Re-notice for March 9,2004 Meeting 18. Public Hearing: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Re-Notice for March 9, 2004 Meeting Meridian City Council Agenda - February 10,2004 Page 4 of 5 AU matcrials presented at public meetings shall become propcrty ofthe City of Metidian. Anyone desiring accommodation for disabilities related to documents and/or hcaring please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 19. Public Hearing: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: R e-Notice for March 9, 2004 Meeting 20. Executive Session: No Decision 21. Mayor to prepare letter in support of HB 578. Meridian City Council Agenda - February 10,2004 Page 5 of 5 All materials presented at public meetings shall become property ofthe 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. Meridian City Council Meetin~ February 10. 2004 The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., on Tuesday, February 3,2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlie Rountree, and Shaun Wardle. Others Present: Bill Nichols, Will Berg, Tara Green, Jolene Robles, Anna Powell, Brad Watson, Kenny Bowers, Bill Musser, Stacy Kilchenmann, Gary Smith, and Dean Willis. Item 1. Roll-call Attendance: x X Shaun Wardle Charlie Rountree X X Bill Nary X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and open the Regular Meeting for City Council. It's Tuesday, February 10th, and I think it's just eight minutes after 7:00. I can't see the clock. There is a glare. It's not my eyes and I will ask the Deputy City Clerk to call roll. Item 2. Pledge of Allegiance: De Weerd: Item Number 2 is the Pledge of Allegiance and we will be led in the pledge by a member from Troop 183. Please stand. (Pledge of Allegiance recited.) Item 3. Community Invocation by Stan Kelly Senior Pastor at Capital Christian Center: De Weerd: Thank you for leading us in the pledge this evening. That's Troop 183 and they are from Kuna. We appreciate you joining us tonight. Item Number 3 is a community invocation by Pastor Stan Kelly he's the senior pastor at Capital Christian Center. Kelly: I've got to make a correction. I'm not the senior pastor. I just don't want my boss to get suspicious, so -- I'm an associate pastor. Let's pray. Heavenly Father, we thank you for this beautiful city you have allowed us to work in, to live in, and to raise our children in. Lord, we ask that you would give us your wisdom, you would give us your guidance, Lord, you would give the Mayor, the City Council, and everyone that you have gathered here that -- everyone that's gathered here this evening and give them your wisdom. Lord, we ask that though there may be differences of opinion, we ask that what is best for our community and the generation to come would ultimately be worked out, would ultimately be the decision that's made. Lord, just bless this place with peace, Meridian City Council February 10, 2004 Page 2 of 30 bless it with your joy, and bless it with your overshadowing -- overlooking us, Lord, this evening, in Jesus name. Amen. De Weerd: Thank you so much, Pastor Kelly. If I could present you with one of our esteemed watertower pins. Kelly: Thank you. I will wear it with pride. Item 4. Swearing in Ceremony for three new Police Officers -- Will Stoy, Chris McGilvery, and Brian Lueddeke: De Weerd: Thank you. Okay. Item Number 4 gives me great pleasure to introduce our Chief of Police, Chief Musser, and with the swearing in of our new officers. Musser: Thank you, Madam Mayor. I'd like to have our new officers, Will Stoy, Brian Lueddeke, and Chris McGilvery come up front, please, if you would. Would you choose to sit behind the desk, Your Honor, or -- De Weerd: Oh, no. Musser: Why don't you go ahead and face the audience, gentlemen. I'll give a brief introduction, as the Mayor's coming down, to each one of the officers. The first officer here next to me is Brian Lueddeke. Brian comes to us from the business environment where he was a past business manager, just started in law enforcement, and currently he's right in the middle of going through the POST academy. He's currently married as well, wife Charlene, and they have a son Brock. Will Stoy is right next to him. We managed to take Will away from the Ada County Sheriff's Department where he had spent 10 years working down in the jail area -- that is working there. He's also married. His wife Jenny and his stepson Chase weren't able to be here tonight, but we sure encourage them in the future to go ahead and participate with us if they can. She works over at Ada County still, so she's busy tonight. Will is also a current chapter president for the Boise Blue Knights Association, which is a police motorcycle association as well. Then, our final member is Chris McGilvery. Chris comes to us from Amarillo, Texas, where he served six years on the Police Department down there. He grew up in the Amarillo area, up until the time he was in high school and he is a graduate of Centennial High. Apparently like the area well enough -- or at least his sister did, she's married to Brian Zimmerman, one of our firemen, and Chris, in the meantime, decided to come on back up here and he brings his daughter Harley and his son Tyler with him tonight and they are joining dad for the ceremony here tonight. That's our officers. Welcome aboard, gentlemen. De Weerd: Well, it's my pleasure to offer you the official oath of office and if you'll raise your right hand. When I say -- I, state your name, do solemnly swear or affirm, that I will support the Constitution of the United States and the Constitution and laws of the State of Idaho and the laws and ordinances of the City of Meridian and that I will abide by the law enforcement code of ethics and policies and procedures of the Meridian Police Meridian City Council February 10, 2004 Page 3 of 30 Department, that I will obey the lawful orders and directives of those appointed over me and that I will, to the best of my ability, faithfully discharge all the duties of the office of a police officer in and for the City of Meridian, Idaho, so help me God. (Oath recited.) De Weerd: Thank you. Congratulations. De Weerd: Thank you, officers, and your families for joining us here tonight. Before we do get to the adoption of the agenda, I think you all note that Items Number 17, 18, and 19 have you been requested by the applicant to be deferred and so anyone who is here to testify in that, I apologize if you're here and you came to join us tonight. It was deferred after the mailings went out, but I did want to let you know that those will be deferred and, staff, did they mentioned a deferral date? Powell: March 9th. Item 5. Adoption of the Agenda: De Weerd: To March 9th. Okay. Item 5 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that -- I would like to add to the Regular Agenda Item Number 20, an Executive Session, as per Idaho State Code 67-2345(1)(c). With that, I would move that we adopt the revised agenda. Rountree: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as amended. Is there any discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 6. Consent Agenda: A. Approve minutes of January 27,2004 Pre-Council Meeting: B. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: V AC 03-007 Request for a Vacation of three feet of ACHD right of way on each side of West Pennwood Street for Troutner Business Park Subdivision No.2 by Mary Ballantyne - west 0 f South Meridian Road and south 0 f West Franklin Road: Meridian City Council February 10, 2004 Page 4 of 30 C. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-034 Request for Preliminary Plat approval for a re-plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of 6 commercial building lots and 1 common lot on 17.26 acres in a C-G zone for Troutner Business Park No.2 by Mary Ballantyne - south of West Franklin Road and west of South Meridian Road: D. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-029 Request for Preliminary Plat approval of 6 building lots on 2.064 acres in a L-Q zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers - 2150 West Cherry Lane: E. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-048 Request for a Conditional Use Permit for a Planned Development for nursing home care for up to 40 patients and office use with reduced setbacks and landscaping requirements in an L-Q zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers, Inc. - 2150 West Cherry Lane: H. Findings of Fact and Conclusions of Law for Denial: RZ 03-009 Request for a Rezone of 6.39 acres from C-N to R-8 zones for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: I. Findings of Fact and Conclusions of Law for Denial: PP 03-019 Request for Preliminary Plat approval of 40 building lots and 7 other lots on 5.93 acres in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: J. Findings of Fact and Conclusions of Law for Denial: CUP 03-034 Request for a Conditional Use Permit for a Planned Development for a 41-[ot subdivision to include a reduction in minimum size lots, size of homes, minimum square footage on main floor of multi-level homes, and setbacks in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: K. Findings of Fact and Conclusions of Law for Denial: RZ 03- 011 Request for a rezone of 9.34 acres from I-L to R-15 zones for proposed Mayfair Commons Subdivision by Wildwood Development, LLC - 1125 East Pine Street: Meridian City Council February 10, 2004 Page 5 of 30 L. Findings of Fact and Conclusions of Law for Denial: PP 03~ 031 Request for Preliminary Plat approval of 38 building lots and 17 other lots on 12.74 acres in a proposed R-15 zone for proposed Mayfair Commons Subdivision by Wildwood Development, LLC - 1125 East Pine Street: M. Findings of Fact and Conclusions of Law for Denial: CUP 03- 057 Request for a Conditional Use Permit for multi-family residential subdivision requesting reduced setbacks, parking standards, and dimensional requirements in a proposed R-15 zone for proposed Mayfair Commons Subdivision by Wildwood Development, LLC - 1125 East Pine Street: N. Addendum to Development Aareement for Park Impact Fee Reimbursement for Farwest, LLC Lochsa Falls Subdivision: o. Resolution No. Adventure Island Plavaround: Agreement with De Weerd: Item 6 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda staff has asked that we take Items F and G and move them to the regular agenda and make that 8-F and 8-G and with the rest of the items that we pass and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda as stated. Any further discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yes. I was just going to say we probably need to include what the resolution number is for Item O. Bird: Yes. De Weerd: Our Resolution Number 04-420. Bird: I would include that in my motion, then. Meridian City Council February 10, 2004 Page 6 of 30 De Weerd: Does the second agree? Any further discussion? Okay. Mrs. Deputy Clerk, will you, please, call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 7. Department Reports: A. Planning and Zoning Department - Anna Powell 1. Discussion of All American Stora~e: De Weerd: Thank you. Okay. Item 7, Department Reports. We will start with Item A, Planning and Zoning Department, discussion of All American Storage. Powell: Madam Mayor, Mr. President, this is -- it just occurred to me that I forgot to get a map together of where this is. This is on the southern most boundary of the area of city impact. As you're going down Meridian Road toward Kuna, it's a very small, narrow piece of property on the east side of Meridian Road. They have worked with Ada County trying to amend their zoning ordinance to allow a mini storage facility in their current zoning, which is RUT. That failed and now they are looking at trying to get a rezone to a commercial designation that would allow a mini storage facility in that location. To do that, to get any kind of rezone in Ada County, they do need a letter from the city engineer -- they either need to have municipal services or a letter from the engineer that says that it's not required. The city engineer has already provided them with a letter stating that the one toilet facility associated with the mini storage use does not require hookup to the sewer system and the water system. It is kind of just before you tonight to make sure that when the transmittal comes from Ada County, that you all are in favor of having a mini storage use there. De Weerd: Any questions of staff? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What's staff's recommendation? Powell: As an interim use, actually, mini storages aren't bad. It's well designed in that it's a very, long, narrow one. The narrow portion being up against the roadway. As development fills around it, it will, basically, hide everything that's there, because -- I mean it will be a little obvious at first, because there is not much else out there, but as development continues, it will just kind of blend toward the back or be used for something else. Now, the likelihood of it being on its own redeveloped is probably Meridian City Council February 10, 2004 Page 7 of 30 pretty small. It is very narrow. It is designated for commercial -- or mixed-use properties on the Comprehensive Plan. De Weerd: Any further discussion? Direction for staff? I'm assuming because there is no discussion that it seems to be okay. Powell: The applicants are here tonight. If you wanted to question them at all, they are here, but they don't anticipate speaking, so -- they'll answer questions, but I did not have them prepare a speech, is alii mean to say. De Weerd: Oh, well, darn. Okay. Unless this applicant has anything they would like to add, we will move on. No? Okay. B. Public Works Department - Brad Watson 1. Agreement for Professional Services, WWTP Noise & Odor Study - Carollo Engineers: De Weerd: Item 7-B PUblic Works. Brad Watson to discuss agreement for professional services for WWTP noise and odor study by Corollo. Watson: Thank you, Madam Mayor. I hesitate to even bring this up, since we talked about brevity earlier in Pre-Council. Ordinarily, these agreements are simply on Consent Agenda, but given the background discussion on this agreement, I thought I would bring it back to you. They have gone through three or four revisions on this agreement and provided me what I think is a final copy. It's the noise and odor study for the wastewater treatment plant. They have included some literature research and community surveys to see what other communities have done as far as land use planning. They will simply provide that information to us and will include the Planning and Zoning staff in our regular meetings throughout the project to see if that information if useful and see if we can get some ideas or maybe even some recommendations to you as that study is completed. The contract itself is for - - 0 n a time a nd materials basis, not to exceed 64,000 dollars. The length of the agreement is approximately three months. The one thing that I do need to point out if you do approve it, I need a line item transfer from our wastewater treatment plant design budget that's currently approved into the facility plan line item. I don't have those numbers. I should have put those in the memo. Those are the titles of those two budget line items. We will be -- we will certainly be okay with our budget if we do that. With that, I'll entertain any questions. De Weerd: Any questions for Brad? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council February 10, 2004 Page 8 of 30 Bird: Brad, this covers everything that we discussed and we would want in this study, am I not -- Watson: Council Member Bird, it not only includes everything that we discussed and had Corollo discuss two weeks ago, but we added the task that I mentioned of literature research and community survey. Bird: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Brad, am I to understand that that addition -- I think what we were getting to in our last discussion was that we would like to at least have some direction on where we go with the planning process and so is this the -- at least the start of that and to include the planning staff in the process? Watson: Council Member Wardle, that's exactly right. The intent is just for them to provide some information that planning staff, in cooperation with public works, can use to get that rolling. Wardle: Thank you. De Weerd: Thank you. Any further questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yes and I take it from Mrs. Powell's nod that that was something she would like to participate in and be part of. That's great. De Weerd: I guess the nod wasn't on the record, was it. Nary: I was just trying to make the record clear. De Weerd: Okay. Do you need any kind of motion, Brad? I would assume so. Watson: Yes, Madam President, if -- or Madam Mayor. Sorry. If you could approve the contract just as we do all the other contracts. De Weerd: Thank you. Rountree: Madam Mayor? Meridian City Council February 10, 2004 Page 9 of 30 De Weerd: Mr. Rountree. Rountree: I move that we approve the contract for the noise and odor agreement just discussed by the city engineer and include in that motion the adjustment of line items in the wastewater treatment budget in order to accommodate the cost of the contract for such study. Bird: Second. De Weerd: Does the motion want to include the amount of the contract? Rountree: Yes, Madam Mayor. De Weerd: Mr. Watson is that amount 64,000? Watson: The contract amount is not to exceed 64,000. Rountree: I agree to amend my motion to include the language not to exceed 64,000. Bird: Second agrees. De Weerd: Okay. Stacy, did you have any comment? Okay? Any further discussion? Nary: Other than, we don't have a clerk. Bird: Mayor can call roll. De Weerd: The motion in front of us is to approve the agreement for not to exceed 64,000. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. De Weerd: Okay. All ayes. MOTION CARRIED: ALL AYES Item 8. (Items Moved from Consent Agenda) F. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: AZ. 03-031 Request for annexation and zoning of 15.04 acres from RUT to R-8 zones for proposed Windsona Subdivision by Landmark Engineering & Planning, Inc. - west of North Linder Road and north of West Ustick Road: Meridian City Council February 10, 2004 Page 10 of 30 G. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-037 Request for Preliminary Plat approval of 66 single-family building lots and 2 common lots on 15.04 acres in a proposed R-8 zone for proposed Windsona Subdivision by Landmark Engineering & Planning, Inc. - west of North Linder Road and north of West Ustick Road: De Weerd: Okay. Item 8. We moved two agenda items from the Consent Agenda, F, and G. We will go ahead and have discussion on Wind song Subdivision, AZ 03-031. Staff? Watson: Madam Mayor, Council Members, I hope that you have a copy of a position statement that I hastily prepared late this afternoon. One of the items I should have recognized a month ago when this came to you with the recs from Planning and Zoning. There is an item -- I hope these numbers are right, 2.A.1, and 2.B.10. As you recall, there was some testimony regarding a boundary dispute between this development and a neighbor. As J read this condition, it concerned me specifically in that the boundary dispute between this property and the neighboring property shall be resolved before signature on the Final Plat. This is one of those conditions that can tie me up and tie the developer up for weeks trying to figure out what resolved actually means. I am seeking direction on what the Council's definition and perhaps the city attorney's definition of recommendation regarding resolved might mean. The second item is one that came during the motion a couple weeks ago approving the preliminary plat and it is Item 1.1.3 on Page 14 of the findings. The way the finding came out, it said that I will -- the city engineer shall verify that there will be no groundwater problems in the area before signing the Final Plat. Again, this is one that causes me quite a bit of concern, in that I think the perception would be that I would be the one making the professional judgment on whether there is a groundwater problem. I have inserted proposed language in that the engineer of record shall provide certification to the city engineer that there will be no groundwater in the crawl spaces of the houses to be constructed in the subdivision prior to Final Plat signature by the city engineer. Then, keep the last sentence as was written, the city engineer may request applicant to provide additional testing to verify the groundwater levels. Modifying it in this way puts the responsibility back on the developer and his engineer, which I will, of course, c heck prior to -- or check that it has been certified prior to signature. Those are the two items that I wanted to clarify or modify. I will be happy to answer any questions. De Weerd: Okay. Questions? Mr. Bird. Bird: Madam Mayor? Brad, on the property dispute, I guess resolved is finalized. I mean whose -- what property -- where is the property line at. They have got to come up with that before you can do anything, as far as I -- and that's what I took our motion of approval to mean, that, you know, this -- you don't go out and guess. They have got -- it's not up to our responsibility to find it, I mean -- but until they resolve it, the boundary's located, then, I -- it isn't approved, as far as I'm concerned. That's what our motion was, is to resolve that before we signed off on it for the final plat. Meridian City Council February 10, 2004 Page 11 of 30 Watson: Madam Mayor? Madam Mayor, Council Members, Council Member Bird, there are different definitions of resolved. The developer and his sUlVeyor at the last meeting felt that it had been resolved. The neighbor, obviously, didn't feel it had been resolved. Worse, case -- and I usually think of these things in worst case, is that the plat comes in, the sUlVeyor of record has sealed the plat and says it's perfectly fine. If there is litigation that's commenced prior to that, it might -- to wait until that litigation has run it's course and there is a decision -- those are the scenarios that run through my mind when I have these kind of conditions. De Weerd: I appreciate your caution. Is that a question for our legal counsel? Nichols: Madam Mayor, Members of the Council, I think what you have in this situation is one where there isn't an issue with regard to what the sUlVeyors are going to include, it's more the fence wasn't on the boundary line is what I suspect the facts will end up being. The question becomes whether that creates some sort of problem. The motion was to have it resolved. Now, you can modify that to say that before signing on the final plat the applicant submits proof that the neighbor's dispute has been resolved by a writing signed by thensighbor, or that property owner or you can say that it's resolved by court order, you can say, you know, any of those alternatives. From a platting perspective, if you approve this without this condition, the developer can proceed, can go ahead, and plat it, what they may find themselves with is the inability to sell any of those lots along that boundary because of pending litigation, but that does not necessarily affect the plat. Where it could affect the plat is if a court ultimately determined that say the easterly six feet of each of those lots is not owned by the developer, in which case there would have to be a replat of those lots with the shorter dimensions. Again, the developer wouldn't be able to sell those lots because of the tie up of those lots in the litigation. They would still be able to proceed with the subdivision. De Weerd: Is there any further questions for the attorney or staff? Okay. Nichols: The applicant is here, Madam Mayor. Or his representative. De Weerd: Would the applicant's representative have anything to add? Do I need to time you? Boyle: Madam Mayor, Council Members, let me flip to my speech here. I will keep this quick tonight. I have had -- De Weerd: Better get the timer out. Boyle: Get the timer out. Nary: Name for the record. De Weerd: Name, please. Meridian City Council February 10, 2004 Page 12 of 30 Boyle: My name for the record is Clint Boyle. Business address of 104 9th Avenue South, Nampa, Idaho, Landmark Engineering and Planning, representing the developer on the project and just a couple of thoughts this evening -- and I have had discussions with Brad on this earlier. Actually, a couple of hours ago on this with regards to the boundary dispute, there is a couple of options that the developer is, I guess, just offering to the Council on that. To begin with, two different surveying companies have verified that based on the deeds, the deeds match -- the boundaries of the deeds match and the property that is staked in the field matches those deeds, so the pins that were set in the field matches the deeds. As Mr. Nichols mentioned, what is at issue is that there is a fence that is not on that deeded boundary that was installed quite a few years back. That's what I guess is causing the claim -- my understanding from the adjoining property owner is that that fence has been there for a number of years and, therefore, it's felt that that is a portion of the adjoining property owner's property. With regards to the plat itself, as was indicated in the hearing, the lots that are adjacent to her property are large enough that even removing that six and a half, seven foot piece of land, they still meet all of the zoning ordinance requirements as far as size. What the developer is throwing out as options, he's willing to even exclude that area out of the plat, so we come in with a preliminary plat and a final plat that has that six and a half feet excluded out. The option, then, would be that over the course of time as this gets worked out, that if she's in the right and it's deemed by courts or attorneys or whatever process this ends up in, that that six feet is hers, then, it's hers and it doesn't affect the plat. If it's deemed that it actually is his, then, at that point in time he would be willing to just deed that additional six feet to all of the adjoining platted property owners and he would work that into their purchase agreements. That's one option. The other option would be that he could also provide this as a common lot on the preliminary plat. You know, he's willing to go to that extent if he needs, own and maintain that area himself if he needs to. The long and short of it is is just like any of us, he doesn't want to necessarily just give away a piece of his property just for the sake that somebody is claiming that they have ownership on it. He wants it to kind of workout and sees where the chips fall, if they are in his favor, then, he has the property, and if they are not, then, he will concede that he doesn't. Those are, I guess, a couple of options that he's thrown out that may be a way to resolve this platting issue and move it forward without too much hassle later on of replats 0 r whatever it might be. I just offer that up to the Council for consideration. Outside of that, the other item on the groundwater, we don't have a problem with that. We typically provide certifications on groundwater for the streets and we can provide it for the crawl spaces as well. I think the language that Mr. Watson has proposed would be acceptable for the grou ndwater issue. De Weerd: Thank you. Boyle: Appreciate your time this evening. Thank you. De Weerd: Any questions? It looks like the attorney -- no? No questions for Mr. Boyle? Thank you. Meridian City Council February 10, 2004 Page 13 of 30 Boyle: Thank you. De Weerd: Mr. Nichols. Nichols: Madam Mayor, Members of the Council, just a point. It's not just a matter of the plat, we also have the annexation, and we have the [egal description on the annexation. We are going to annex this property before the final plat is finalized and submitted. You could have a six and a half, seven-foot strip, which remains in the city that ultimately becomes part of the adjoining property. Now, that could be resolved by deannexing that six and a half foot strip as part of the deal or leave it alone. What we could do is perhaps impose a condition that at the time of submitting the final plat that the plat will either reflect a resolution of the boundary dispute or that the lot dimensions affected by the dispute will be modified so a s to not place a ny of the boundaries of those lots outside the undisputed area. Because I think that part of it's going to be fairly well -- so that the point -- and, then, Mr. Stubblefield at that point can make his decision as to what he's going to do. If he's going to shorten those lots by six and a half feet and do it that way, then, the plat comes in six and a half feet shorter. That's a possibility. De Weerd: Thank you, -Mr. Nichols. Any further questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: It seems like one of the questions, though, is the -- I guess how to make it clearer as to what we intended by resolved. It's a great legal word, but it doesn't help the engineer. I think one of the things I heard you say is one of the ways of showing resolved was by basically submitting the plat with the adjustment being made. Did we want to have some 0 ther language i n the conditions, then, t hat, you know, they can show it by a number of different methods? Because some of it may be by court order, it may be by stipulation, it might be by redrawing of the plat with the six feet taken off, and, then, we'd have to deannex that other portion. Listing all those options, I don't know if that's too limiting, but at least it provides what those options are, so at least the city engineer isn't -- at least it isn't the city engineer's job to make that call. He can look at that checklist to see if one of those things exist and that's all that's necessary. [s that -- is that adequate do you think, Mr. Nichols? Nichols: Madam Mayor, Council, I believe so. I mean the neighbor either agrees to withdraw the claim or the plat is redrawn to account for the claim or there is a court order that resolves the claim one way or the other. Madam Mayor, if I may ask Mr. Watson, does that give you enough certainty at Final Plat time? Watson: Madam President -- or Mayor. I'm sorry. Council Members, yes, I think it does. [f those three are on the menu, those should work, I believe. De Weerd: Council, any further discussion? Do we have a motion? Meridian City Council February 10, 2004 Page 14 of 30 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve AZ 03-031 for Wind song Subdivision and I don't believe these changes will be in that, it will be in the Preliminary Plat, for the Mayor to sign and the Clerk to attest: Nary: Second. De Weerd: Okay. It's been moved and seconded to approve AZ 03-031 for Wind song Subdivision. Madam Deputy City Clerk, will you, please, call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES De Weerd: Thank you'. - Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve PP 03-037, with the changes as stated by our attorney, with the three options before the Final Plat comes back for Windsong Subdivision. Rountree: Second. De Weerd: Okay. It's been moved to approve PP 03-037 for Windsong Subdivision with the amendments as stated. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 9. FP 04-001 Request for Final Plat approval of 31 single-family residential building lots and 4 common lots on 5.2 acres in an R-8 zone for Highgate Subdivision No.1 by Harris Homes, LLC - 2700 North Meridian Road: De Weerd: Thank you. Okay. Item 9 is FP 04-001 for Highgate Subdivision NO.1. I will ask for staff comments. Powell: Madam Mayor, Members of the Council, on both Highgate 1 and 2, the following item, upon closer examination we realize that they weren't consistent with the Meridian City Council February 10, 2004 Page 15 of 30 approved Preliminary Plat. There was a memo from Mr. Siddoway asking that they be tabled tonight. I forgot to mention it to the Council prior to your adoption of the agenda. I apologize for that. The applicant is working on revised Final Plat and landscape plan for us. We just got those today. If we could table them one week, that should be sufficient. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we table Item FP 04-001, Highgate Subdivision No. 1 to February 17, 2004. Rountree: Second. De Weerd: It's been moved and seconded to table Item Number 9 for Highgate Subdivision No. 1 to February 17, 2004. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10. FP 04-002 Request for Final Plat approval of 45 single-family residential building lots and 4 common lots on 10.49 acres in an R-8 zone for Highgate Subdivision No.2 by Harris Homes, LLC - 2700 North Meridian Road: De Weerd: Item 10 is FP 04-002, for Highgate Subdivision NO.2. Staff comments. Powell: Same comments, Madam Mayor. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd move that we table FP 04-002, Highgate Subdivision NO.2 to February 17, 2004. Rountree: Second. De Weerd: It's been moved and seconded to table Item Number 10 for Highgate Subdivision NO.2 to February 17, 2004. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council February 10, 2004 Page 16 of 30 Item 11. FP 04-003 Request for Final Plat approval of 77 single-family residential building lots and 14 common lots 0 n 25.14 acres in a R-4 PO zone for lochsa Falls Subdivision No.7 by Lochsa Falls, LLC - west of North Linder Road and north of West McMillan Road: De Weerd: Item Number 11 is FP 04-003 for Lochsa Falls Subdivision No.7. Staff comment. Powell: Madam Mayor, Members of the Council, this is Lochsa 7. This is most of the Preliminary Plats that's comprised of this area. They started on kind of the east side of the property and you working generally the west. This is the final plat and it is consistent with the approved Preliminary Plat. I did want to point out that when this was approved they did request reduced setbacks, in particular, a seven foot side yard setback and they are, as you know now, allowed a five foot side yard setback, because it was part of the development agreement and -- or the planned development. We are still holding them to that seven-foot side yard setback. We anticipate that they will come forward to just the Planning and Zoning Commission for a modification of that Planned Development. They ate the decision-making body on a modification to a Conditional Use Permit. I believe it isn't coming to you. I just wanted to let you know about that and to point out comment number -- on Page 3, Item Number 6, regarding the note 12. I did want to point this out. We have had some discussions about this before on the need to provide information on the plat. I have worded number 12 such that if they do get the modification from the Planning and Zoning Commission, they can go forward with this note and it should work with that modification. It basically says that they need to be in compliance with this -- the approved CU. With that, I will end staff's comment on -- or presentation on that. I can't wait to see if Council Member Bird yells at me. De Weerd: Any comments or questions? Maybe I should limit it to questions for staff. Bird: I have no problem. Powell: The developer is in agreement with the conditions of approval and has supplied a letter as such. Idaho Power also gave a letter that talks about their facility on Locust Grove. This is on Linder. I'm not quite sure where Idaho Power was today. We do have a record from Idaho Power, but -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And maybe this is my own ignorance -- I guess that's my favorite word this week. If there is a Development Agreement that has this seven-foot side yard setback, how does the Planning and Zoning Commission grant a waiver to that? I understand that they a re t he decision maker on the C U, b ut if we add to it here tot he development agreement, that's with -- that's with the Mayor and the Council. Meridian City Council February 10,2004 Page 17 of 30 Powell: That's a good point, Mr. President, and I think they might just have a CU, but I will double-check, because if they do need to modify the DA, then, it will come to you and we will do that as a secondary run. Nary: Okay. Powell: The applicant's representative is here and he may be able to -- Nary: And it may not be a -- it's not really a factor tonight, I just was curious, because you had mentioned that point, so I don't know if it's an issue tonight, but -- that's all. De Weerd: Does Council have questions for the applicant's representative or does the applicant's representative have any comment? He nods no. Any questions for the applicant? For staff? Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle: Wardle: I move that we approve FP 04-003, Lochsa Falls Subdivision No.7. Bird: Second. De Weerd: Okay. Discussion? Is there any special note for staff comment on item -- Page 3, Item 6 note 12? Wardle: Yes, Madam Mayor, to include item number -- I'm looking for that. What was that? Bird: Three. De Weerd: That's Page 3, Item 6. Wardle: Page 3 Item Number 6. Bird: Second agrees. De Weerd: And that would be the changes as suggested by staff. Powell: I'm sorry, Madam Mayor. I didn't mean to -- perhaps I didn't communicate clearly. I didn't make any changes, I just wanted to point out that that condition was there. De Weerd: You were underscoring. Meridian City Council February 10, 2004 Page 18 of 30 Powell: Yes. Nary: She was reading the underscore. De Weerd: Thanks for the underline. Okay. Any further discussion? Okay. Does the Deputy Clerk want to call roll on this? Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 12. FP 04-004 Request for Final Plat approval of 54 single-family residential building lots and 4 common lots on 24.48 acres in a R-4 PD zone for Lochsa Falls Subdivision No.8 by Lochsa Falls, LLC - west of North Linder Road and north of West McMillan Road: De Weerd: Item 12, FP 04-004, on Lochsa Falls Subdivision NO.8. Staff. Powell: Madam Mayor,- Members of the Council, this is just to the north of the previous one. I think you can see the -- what will be the park there with the north arrow and, then, here it is at the south end of this one. It's immediately north. There is this red area. I'm sorry. Same comments as before. They did have reduced setbacks at the time that are no longer actually reduced and the same wiggle room is put into the plat note regarding the dimensional standards. Also Idaho Power's letter referring to this one as well. De Weerd: With a change of street. Powell: Yes. De Weerd: Any comments for staff? Okay. I would entertain a motion. Any comments from the applicant? Thank you. You agree with all staff comments? They nod agreement. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Lochsa Subdivision NO.8 Final Plat, FP 04-004, including all staff comments and conditions. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve FP 04-004 on Lochsa Falls Subdivision NO.8. Deputy Clerk, want to call roll, please. Meridian City Council February 10,2004 Page 19 of 30 Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES De Weerd: Thank you. Now, we are entering into our Public Hearing process. If anyone is here for Items 17, 18, and 19, those will be continued until -- I'm sorry, I still didn't write it down -- March 9th. If you're here for those items, they will be taken up again on March 9th and I'm sorry for the inconvenience. For all others we do require that those wishing to testify or will comment to be sworn in and I will just do it all at one time. Anyone who will be commenting during these public hearings, if you will raise your right hand. Do you promise the testimony you provide tonight is the truth, the whole truth, and nothing but the truth, so help you God? (Affirmative answers.) Item 13. Public Hearing: Proposed new service fee for the Third Party Billin~ Agreement: De Weerd: Thank you. Okay. Item 13 is a Public Hearing on the proposed new service fee for a Third Party Billing Agreement and we will start with comments from our finance director Stacy Kilchenmann. Kilchenmann: Okay. This fee pertains to a service that the utility billing department proposes to offer whereby a homeowner or property management company can have -- instruct the utility billing department to send the monthly utility bill to a third party, such as a renter, with delinquency notices being sent to both the renter, tenant, and the property owner. We are proposing a fee of 20 dollars and I will explain how that cost is broken down. We basically see it as three steps. The first step is the property owner agent comes in and fills out the agreement, the agreement is notarized, entered into the utility billing and filed in utility billing. We figured this would take 15 minutes at 26 cents a minute for a cost of $3.90 and the 26 cents per minute is the average salary, plus benefits, for a utility billing clerk. The second step is that the water department sends the meter reader out to read the meters. Again, we calculated the cost per minute for the meter reader at 40 cents per minute times 30 minutes, for a cost of 12 dollars, and, then, the final step the utility billing department sends out the extra delinquent notice to property owner and tenant. We figured this would maybe happen 50 percent of the time for a total cost of $5.34. The average cost should be $21.24 and we are rounding that down to 20 dollars. De Weerd: Any questions for staff? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yes. Stacy, on the fee, the 20 dollars, that's per unit? Meridian City Council February 10, 2004 Page 20 of 30 Kilchenmann: Yes. Per agreement between tenant and landlord and that will be billed to -- the landlords that we surveyed requested that be put on the first bill and billed to the tenant. Nary: So, on a duplex it would be 40 dollars, single house would be 20? Kilchenmann: Yes. Nary: What about apartment complexes? Are those done differently anyway? Kilchenmann: Usually those are done by -- the owner pays the utilities. Nary: All right. Those are done differently. Kilchenmann: Yes. Nary: Okay. Thank you. De Weerd: Okay. Any further questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Is the rounding down just a convenience thing? If it's going to cost us 21.24 to do it, why don't we charge 21.24? Kilchenmann: The reason that we are doing it this way is because we haven't costed out the cost of performing the service, so, for example, on the delinquency notices, we just took an average of six, when, in actuality, it might only be one or two. For the first year, we decided to make it a 20-dollar cost, because in the past we have offered -- they have offered the service, but they haven't charged a fee for it in the past. Rountree: Thank you. De Weerd: Thank you, Stacy. Any further questions? Okay. Is there anyone in the audience who would like to testify on this item? Okay. Hearing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on the third-party billing agreement. Rountree: Second. Meridian City Council February 10, 2004 Page 21 of 30 De Weerd: It's been moved and seconded to close the Public Hearing on Item 13. Any discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: Okay. Items 14 and 15 are Public Hearings. Bird: We need to pass on that, Madam Mayor. De Weerd: I'm sorry. I really wanted to move this along. Bird: I'd love to. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the 20-dollar fee for the city to charge on the third- party billing agreements. Rountree: Second. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Madam President, Members of the Council, just to let you know that we will be bringing back to you a resolution to actually adopt the fee, so you can go ahead and move to approve it, but we will have to bring it forward in a formal resolution. Bird: In a resolution. Yes. Okay but we have to approve it. De Weerd: Okay so, the motion was to approve this and we will see a resolution. Bird: At 20 dollars. De Weerd: Okay. Mr. Clerk, will you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 14. Public Hearing: AZ 03-033 Request for annexation and zoning of 10.05 acres f rom RUT to R-8 zones for proposed Baldwin Park Addition by Meridian City Council February 10, 2004 Page 22 of 30 Capital Development - north of West Ustick Road and east of North Linder Road: Item 15. Public Hearing: PP 03-038 Request for Preliminary Plat approval of 71 single-family residential building lots and 7 common lots on 19.07 acres in a proposed R-8 zone for proposed Baldwin Park Addition by Capital Development - north of West Ustick Road and east of North Linder Road: De Weerd: Thank you. Okay. Now Items 14 and 15 are Public Hearings on AZ 03- 033, Baldwin Park Addition, and PP 03-038. I will open these two Public Hearings with staff comment. Powell: Madam Mayor, Members of the Council, this is the location forthe Baldwin Park Addition. It's, actually -- the outlined property is a little bit larger than what is included on the Preliminary Plat. This is all the unplatted portions of Baldwin. You may remember when the last few phases of Baldwin have gone through, a comment regarding the need to replat a portion of this, because they had kind of gained five or six lots as time went on, so they have included the final phase of Baldwin Park and they have added the property to the south -- if I can get my mouse up. This is the primary new area for the preliminary plat. It abuts Cedar Springs just to the west and the adjoining properties have largely been sold to developers as well. This is a copy of the plat and the -- or the landscape plan. You will see that there is a -- the White Drain goes through the center of the property. They do have one crossing of that facility and, then, it ties into Cedar Springs to the east. The applicant's representative Dean Briggs did testify in favor of the application at the Planning and Zoning Commission. No members of the public testified in opposition to the application. The discussion at the Planning a nd Zoning Commission centered 0 n fencing requirements a long t he White Drain and also the operation and maintenance manual for the pressurized irrigation system and tying that into the existing Baldwin Park facilities. The changes that the Planning and Zoning Commission made on staff's original recommendations were just to the fencing plan and, then, a need -- a rewording of one condition regarding the possible need for an encroachment agreement, a s the surveying is refined and they discover whether or not those lots are within that encroachment. Planning and Zoning Commission has forwarded this to you with a recommendation for approval. The letter has provided -- the letter -- the applicant has provided a letter, excuse me, it should show up as a memo from Craig Hood in the record, and it was just a clarification of some of the site specific conditions, particularly in Number 8 and Number 12. Staff is in agreement with those clarifications and would recommend that you accept those site modifications. With that, I will end staff's report. De Weerd: Any questions for staff? Okay. Is the applicant or his representative here? Please state your name and address and if you would, please, spell your last name. Arnold: Oh. Madam Mayor, Members of the Council, for the record, my name is Steve Arnold. I'm here representing Capital Development. I'm with Briggs Engineering. Business address is 1800 West Overland Road. Meridian City Council February 10, 2004 Page 23 of 30 De Weerd: Thank you. Arnold: We have reviewed the modifications in the letter that was sent to the Council, dated -- well, received by the City Clerk February 4th, with the modifications as previously requested by us. We are asking for the two additional modifications on number seven and item 13, with the requirement to delete the sidewalk -- or, excuse me, a fencing adjacent to - - it's a common lot and it's not a pathway I at, so we are asking that that be modified. Item Number 13, it will be Baldwin Park Homeowners Association, not Baldwin Park Addition Homeowners Association. With that and your new streamlined process, I will stand for any questions. De Weerd: Are there any questions for the applicant's representative? Thank you. Arnold: Thank you. De Weerd: Is there anyone else in the audience who would like to provide testimony on this application? If you will, please, state your name, address, and spell your last name, please. Christoph: Madam Mayor, it's Ann Christoph, and it's 1333 West Yosemite Street. [live in Baldwin Park. My concern is access to the addition. Right now, we just have one access road. I don't know what all the other plans are, but I'd just like to find out a little more about it. De Weerd: Thank you. We will ask the applicant to respond, if there is no further testimony. Is there any other testimony? Arnold: In my haste to be -- again, for the record, Steve Arnold. In my haste to request for clarification on those items, it was Number 8 and 12, not 7 and 13. I stand corrected. Currently that is correct, the main entrance into Baldwin Park Subdivision was off of -- or it was -- I believe it was -- well, off Linder, but the name of the road is -- slips my mind. Monument Street. That's the main entrance into the sub. There is a proposal north of us that will have a secondary connection that will have an out and that subdivision -- I forget the name of that. Powell: Cobblefield. Arnold: Cobblefield. Names aren't doing me too well tonight. The other is to the east of this ten-acre parcel. We are going to connect into Cedar Springs. Actually, with the additional -- with this addition that we are adding with that ten acre piece and with what's going on to the north, we will have more than one access in and out of the subdivision. Essentially, this will allow -- the additional portion will allow a second access into the site. De Weerd: So, Steve, what will the total number of homes be? Meridian City Council February 10, 2004 Page 24 of 30 Arnold: We are adding 39 and there is 70 -- 71 total here. There were 272 originally approved. I think we added five in the original 80 acre parcel, so that would bring it up to 277, roughly, and, then, you add the 39 to the south, that takes it well above 300 and some odd lots. I can't do the math right, but -- but based on the access points that we have, the residential collector within Baldwin, we are well within all acceptable thresholds that ACHD has. Again, they have reviewed this for access in and out of the subdivision and they have approved the layout and the design, so -- and I believe you have that as part of your item packet, so -- De Weerd: So, Anna, are those applicants -- I know Cedar Springs is already approved and I don't know what phase that connection would be, but the application to the north, is that in process or has that been approved as well? Powell: Cobblefield One has been approved and they do have access going north. Cobblefield Two replats the entrance road, I believe. I believe, because that was their only access -- or that was their secondary access in Cobblefield One, so I think there is an existing access there now. They came through -- they have been through Planning and Zoning Commissioh and are headed toward you for their preliminary plat approval of Cobblefield Two. Cedar Springs -- I believe those phases of the plat -- they are all shown here, so I think that they have gone through Public Works at this point. And, then, they just recently got Venable vacated, which was one of the things that they had to do for their Final Plat. I'm pretty sure that they had -- I believe this applicant, if there is right of way, also needs to go through the vacation application -- vacation process with the city and ACHD as well. There may be some question a s to whether there actually is right of way and the condition of approval, as worded from ACHD, gets them the latitude to figure that out and, then, go through the process if need be. Those accesses are there. The Venable access is constructed as a half plus 12, I believe, currently. De Weerd: Okay. Arnold: Madam Mayor, if I may add, too. We are providing stubs to the -- excuse me, to the west and to the south. We are aware that there is a developer working on the property to the south of us and I'm sure you will be seeing that pretty soon. Directly to the south we are anticipating that we will have access out to Ustick here fairly soon. Powell: And to further comment on that, they have been in for a couple pre-apps already, so, yes, we do anticipate that as well. De Weerd: Okay. Any questions for Council? Thank you, Steve. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council February 10, 2004 Page 25 of 30 Bird: Hearing no more discussion, I move we close Public Hearings AZ 03-033 and PP 03-038, both of them for Baldwin Park Addition. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Items 14 and 15. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I know we closed the Public Hearing, but if I could just ask, staff one question about this additional piece. I mean this addition that's on here, this doesn't change any of the other -- this does-n't impact -- there is already the green space and all of the other things they have already done for this, this was already just -- like you stated earlier, just part of what was anticipated as -- of this addition because of how the lots have sort of adjusted along the way, this doesn't impact anything else. Powell: Yes, sir. I made sure that staff went through and double-checked the open space requirements for Baldwin Park. I believe they were quite a bit over their required open space, so -- Nary: Great. That's what I remembered, but thank you for clarifying that for me. De Weerd: Any further questions? Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve AZ 03-033, Baldwin Park Addition, to include all staff and applicant comments, specifically items eight and 12. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve AZ 03-033 for Baldwin Park Addition. Is there any further discussion? Mr. Clerk, will you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Meridian City Council February 10, 2004 Page 26 of 30 De Weerd: Thank you, Mr. Clerk. Okay. Item 15, PP 03-038. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve PP 03-038, Preliminary Plat for Baldwin Bark Addition and to include all staff and applicant comments and for the attorney to draw up the proper papers. Rountree: Second. De Weerd: It's been moved and seconded to approve PP 03-038 for Baldwin Park Addition. Mr. Clerk, will you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 16. Public Hearing: PFP 03-004 Request for Preliminary I Final Plat approval of 2 building lots on 3.775 acres in a C-N zone for Cherry Crossing Commercial Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: De Weerd: Okay. Item 16, Public Hearing PFP 03-004 for Cherry Lane Crossing Commercial Subdivision. We will open the Public Hearing with staff comment. Powell: Madam Mayor, Members of the Council, this is a slight rework of Cherry Crossing. Once again it just highlights the inability or our zoning ordinance to accommodate site modifications to planned developments, but what had happened -- when the original plat was approved, there was one large lot in the front of the development and two small lots in the back, so there was three lots. They did a lot line adjustment to get two lots to the front to accommodate, I believe, the Pizza Hut development and, then, they were left with one large lot in the back. This is now an application to divide that one large lot. It is completely consistent with the way it's built and constructed out there and with the lot line adjustment, they accommodated this subdivision -- or anticipated it when they did the lot line adjustment in the development. Here is the landscaping plan. At the Planning and Zoning Commission, the applicant's representative Brian Huffaker testified in favor of the application. No other testimony was given. There was no substantive changes to staff's initial recommendations and there are no outstanding issues before the City Council that we know of and with that scenario it came to you, of course, with a recommendation of approval from the Planning and Zoning Commission, so-- Meridian City Council February 10, 2004 Page 27 of 30 De Weerd: Thank you, Anna. Any questions for staff? Okay. Is the applicant here? Please state your name and address and spell your last name if you would. Aguilar: Madam Mayor, Members of the Council, I'm Jessica Aguilar, with Hawkins Companies business address 8645 West Franklin Road. I'm here on behalf of Brian Huffaker, who could not attend this evening and we are in concurrence with the last set of comments we have received from staff. We have addressed the site specific comments that were provided and have resubmitted that to staff and the clerk's office and look forward to your approval. De Weerd: Thank you. Any questions for the applicant's representative? Okay. Thank you. Okay. Is there any further testimony? Seeing how our city attorney's assistant and the ACHD representative have no comment -- Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we close Public Hearing PFP 03-004, Cherry Crossing Commercial Subdivision. Bird: Second. De Weerd: It's been moved and seconded to close the Public Hearing for Item 16. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: Discussion? Or motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no discussion, I would move that we approve PFP 03-004, Cherry Lane Commercial Subdivision. Attorney to draw up the proper papers. Rountree: Second. De Weerd: I t's been moved and seconded to approve P FP 03-004 for Cherry Lane Crossing Commercial Subdivision. Mr. Clerk, will you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Meridian City Council February 10, 2004 Page 28 of 30 Item 17. Item 18. Item 19. Public Hearing: AZ 03~027 Request for Annexation and Zoning of 140.25 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Public Hearing: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Public Hearing: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Sa~uaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: De Weerd: Okay. Items 17, 18, and 19. I will open the Public Hearings on AZ 03-027, PP 03-032, and CUP 03-058 for Saguaro Canyon Estates Subdivision and I will open the Public Hearing, but it has -- Nichols: Madam Mayor, if I may. Madam Mayor, Members of the Council, I believe they are submitting -- and it has to be renoticed, because the property description changes because of the addition of a small strip or some additional ground. Powell: Yes. I didn't point that out. Nichols: So, you know, even though you have opened them, I mean it's going to be renotice and -- De Weerd: Okay. Nichols: -- opened, as I understand it. De Weerd: Okay. I will withdrawal that. Bird: We just table these or deny it or-- Powell: I believe just the annexation needed to be renoticed. Well, no, it would have been the Preliminary Plat also. Bird: The whole thing. Meridian City Council February 10, 2004 Page 29 of 30 De Weerd: Okay. Well, we will just ignore Items 17, 18 and 19, and we'll be renoticing the three items for Public Hearing AZ 03-27, PP 03-032, and CUP 03-058, to be renoticed. Bird: To March 9th. De Weerd: It will be renoticed, so I don't think a date needs to be stated. Okay. Nary: But if it did, it would be to March 9th. De Weerd: But if I had to choose a date-- Powell: I believe the notice has already been sent out. The redo notice has already been sent out by the Clerk's Office. We are pretty safe on the March 9th. Just for the record, since it's an unusual word, it is Saguaro. The G is silent. De Weerd: It's what? Bird: Saguaro. Powell: Saguaro. Kind of that Saguaro kind of thing. It's that big cactus with the big arms. I like to call it Saguaro just to bug them, but it's Saguaro. Item 20. Executive Session. De Weerd: Okay. Well, next time we will only read it by the application number. Okay. We are on item 20, Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c). Rountree: Second. De Weerd: It's been moved and seconded to convene into Executive Session. M r. Clerk, will you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES De Weerd: Thank you. (ENTER INTO EXECUTIVE SESSION) Meridian City Council February 10, 2004 Page 30 of 30 (RETURN FROM EXECUTIVE SESSION) De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Nary: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: No decisions were made. Okay, any further items of business? Nary: Madame Mayor. De Weerd: Mr. Nary. Nary: We did receive- a memo or a letter today from the Ada County Highway District requesting our input or support on a bill that's before the legislature now regarding disillusion of highway districts in making the state law provisions more in line with the method that's used to create single-wide county highway districts. It appears to be a pretty reasonable legislation to me. If the rest of the Council is of mind, we ask that you - if you would also agree that you prepare a letter of support to be sent to the members of the Committee. The other governing agencies for cities as well as all of our district representatives and if each of the Council members is willing then we would sign off for both yourself as well as the Council. Bird: Is that a motion? Nary: Yes. Bird: I second it. De Weerd: It's been moved and seconded. All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: Just a couple of housecleaning items. Have you all submitted bios to Peggy for inclusion on the website? Bird: Didn't know we were supposed to. Rountree: I guess -I am not sure I want to-- De Weerd: Charlie? Meridian City Council February 10, 2004 Page 31 of 30 Rountree: -- some of the crazies we got out there. De Weerd: You can put any kind of little blurb you want on there. It's just - if you would write it on w hat you would like - you can just have your name if that's what you so desire. Rountree: Why don't you create a format, so they all four or five look about the same? Bird: So they look about the same. De Weerd: Why wouldn't I have done that before you all came here in different colors had your hands currently - Nary: Madame Mayor. De Weerd: -- the lack of consistency in bios would show the consistency in the photo. Rountree: You didn't te11 me I was supposed to wear any particular clothes. Nary: Madame Mayor. De Weerd: Mr. Nary. Nary: Maybe what we could do is submit as you suggested that we submit what information we'd like and however your office edits them and puts them on the website so they do look at least somewhat uniform is fine. De Weerd: That sounds good. Or would you prefer some form? Bird: How many letters do we get? Maybe I want to sit down and write about a six- pager. De Weerd: Well, it will be edited. Now, do you want to go with this picture or would you like to have - Bird: Is that number four? De Weerd: Yes. Or would you like to try it again and have our hands all the same, you know, we won't make Shaun stand so far away from us. Nary: It's just fine. De Weerd: We'll have Charlie button his coat. Bird: And get my lapel straightened. Meridian City Council February 10, 2004 Page 32 of 30 Nary: It's fine. Bird: It's fine, put it up. De Weerd: Well, it's already on there, but we can at some point do this again. Is that correct? (Laughter ------) De Weerd: Okay, we will talk about another date for a photo, but for now we will stay with what we have. The State Leadership Prayer Breakfast is March 20th. In the past, we have all gone together. Would the Council have an interest in that? Bird: The prayer breakfast? De Weerd: The State Leadership - that's a Saturday morning. Bird: I am buying a tabte, so if you can find ten people to go. De Weerd: Okay, well - Bird: I'll buy the table - De Weerd: Council- Bird: How many want to go? We will buy two if we have to. De Weerd: I'm gOIng. Bird: Can you go? Rountree: When is it? Bird: The seventeenth. It's on a Saturday morning. Nary: It's the twentieth, isn't it? Wardle: Madame Mayor. De Weerd: Shaun. Wardle: Madame Mayor, let me double check my schedule. Nary: It's the twentieth. Meridian City Council February 10, 2004 Page 33 of 30 Bird: It's for spouses. Wardle: You have got to understand my wife, we are really out the door early on Saturdays - we are out the door at 10:00. (Laughter) Nary: I will check with my wife as well, Madame Mayor and let you know. De Weerd: If you will let Peggy know. Bird: I will buy one table and then if we need two we'll get that. De Weerd: The Mayor's Prayer Breakfast here in Meridian is Wednesday, March 31st. That's in the a.m. I don't know if it starts at 6:45 or 6:30. Bird: 6:45, I think. De Weerd: Have youa11 responded back about Council shirts? Nary: We talked last week about if you'd like a shirt or vest or something else there is - or Peggy will have the catalogue, so just let her know, advise her of what you would like. Wardle: I will talk to her tomorrow. Rountree: I haven't talked to her. De Weerd: Would you please do so so we can get those ordered. At least that we have shirts for the AIC conference and if you want to dress. De Weerd: It was Bill's opinion that they don't need to all be the same color, but it is kind of nice. Rountree: Then tell us what color you want them to be. Bird: Okay, then let's do like we always do. Pick out your color whatever color you want as long as it's blue or gray. De Weerd: Okay, pink. Just not white. Bird: White's pretty good. Makes us look a little bit more fluffy. Talking about that I got a call from a Blue Cross Nurse and they want to put me - you know I have got that congestive heart failure in the lower part of my heart so they want me to do this diet thing. They have a scale that you plug in to the telephone line and you plug into the Meridian City Council February 10, 2004 Page 34 of 30 deal and every morning when you g et u p you step up on ita nd t hat a II goes to her computer over at BC. De Weerd: I just wanted to remind you that the retreat next week begins at 8:30 and so it is at the Police Station. We thought maybe the MDC can be done by then or put Hudson the same presentation and (inaudible) on the last part of the MDC agenda. So, if you will give me a motion to adjourn, I'll take your sizes off the record. Bird: So moved. Rountree: Second. De Weerd: It's been moved and seconded to adjourn. All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 8:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~&h TAMMY DE E>, MAYOR ~ J/2'3/04- DATE ATTESTED: WILLIAM G. BERG, JR, CI ,\IIUllllrlllll, \\\ .- nil '1/ :\\'\1 0,- 1VJe.,'?'^ III, ,,' "t ... "<;J' '/ " .......:" /.-1 v ~"V Cp?>POi?-1 't. -1,; ~ ~ -~ (.'/\ ~ ~ ~ v ~ - ~ - - - - - - - - January 31, 2004 Department Reports MERIDIAN CITY COUNCil MEETING February 3, 2004 APPLICANT Parks and Rec Department - Doug Strong ITEM NO. REQU EST Draft Agreement between Adventure Island Playground Organization and the City of Meridian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Minutes - jt.. _ _th...d ........ y . v->> (j ~ fo .fJ" W(~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publtc meetings shall become property of the City of Meridian. February 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT February 10, 2004 ITEM NO. /'~D REQUEST Resolution - Agreement with Adventure Island Playgound 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: r..~~ 1/0 (}fir r .04"4' Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. RESOLUTION NO. 04- ~() BY: kelf~/J/rL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "MEMORANDUM OF UNDERSTANDING" BETWEEN CITY OF MERIDIAN, PARKS AND RECREATION DEPARTMENT, AND THE COMMUNITY CAMPAIGN FOR THE ADVENTURE ISLAND PLAYGROUND AND WATER SPLASHPAD, AN UNINCORPORATED VOLUNTEER ORGANIZATION, COORDINATED BY ANGELA LINDIG. BE IT RESOLVED BY-THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian, Parks and Recreation Department, to enter into a memorandum of understanding agreement with The Community Campaign for the Adventure Island Playground and Water S plashPad, an unincorporated volunteer organization, coordinated by Angela Lindig, denoted as "MEMORANDUM OF UNDERSTANDING", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian, Parks and Recreation Department, that certain memorandum of understanding RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF MERIDIAN, SETfING FORTII CERTAlN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO AN AGREEMENT ENTITLED "MEMORANDUM OF UNDERSTANDING" BETWEEN CITY OF MERIDIAN AND THE COMMUNITY CAMPAIGN FOR THE ADVENTURE ISLAND PLAYGROUND AND WATER SPLASHPAD, AN UNINCORPORATED VOLUNTEER ORGANIZATION, COORDINATED BY ANGELA LINDIG Page 1 of2 agreement with The Community Campaign for the Adventure Island Playground and Water SplashPad, an unincorporated volunteer organization, coordinated by Angela Lindig, entitled ":MEMORANDUM OF UNDERSTANDING", a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. 11- PASSED BY THE COUNCIL OF THE CITY OF :MERIDIAN, IDAHO, this 10 day of f:girr~J ' 2004. . APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /O'%ay of /i61'/A..)VL! ,2004. - ATTEST: JI~k~~ . CITY CLERK RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTII CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO AN AGREEMENT ENTITLED "MEMORANDUM OF UNDERSTANDING" BETWEEN CITY OF MERIDIAN AND THE COMMUNITY CAMPAIGN FOR THE ADVENTURE ISLAND PLAYGROUND AND WATER SPLASHPAD, AN UNINCORPORATED VOLUNTEER ORGANIZATION, COORDINATED BY ANGELA UNDIG Page 2 of2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certifY: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws ofthe State ofldaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk ofthis Ci~ I am the custodian of its records and minutes and do hereby certifY that on the ! IJ - day of fi6ru~;;- 2004, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF :MERIDIAN, SETTING FORTH CERTAIN FINtiINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED <<MEMORANDUM OF UNDERSTANDING" BETWEEN CITY OF :MERIDIAN, PARKS AND RECREATION DEPARTMENT, AND THE COMMUNITY CMAPAIGN FOR THE ADVENTURE ISLAND PLAYGROUND AND WATER SPLASHP AD, AN UNINCORPORATED VOLUNTEER ORGANIZATION, COORDINATED BY ANGELA LINDIG. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian, Parks and Recreation Department, to enter into a memorandwn of understanding agreement with The Community Campaign for the Adventure Island Playground and Water SplasbPad, an unincorporated volunteer organization, coordinated by Angela Lindig, denoted as ":MEMORANDUM OF UNDERSTANDING", a copy of which is attached hereto marked as Exhibit "A" to this RE;':solution, the reasons and authority for which are as set forth in said Agreement. CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN Page 1 of1- NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian, Parks and Recreation Department, that certain memorandum of understanding agreement with The Community Campaign for the Adventure Island Playground and Water SplashPad, an unincorporated volunteer organization, coordinated by Angela Lindig, entitled ":MEMORANDUM OF UNDERSTANDING", a copy of which is attached hereto marked as Exhibo "A" hi R I' d b' d hi C" d d' . \\\\\111111/11/1/ It to t s eso utlOn an to ill t S Ity to Its terms an con Itlons. \\\\\ Or MJ::r-. 1111/ . '." "-l '-rtl{), /// ", r~ '4", <:..: ;- v rP'PP~):, 'V ~ ] ~ ~ \ ~,1W ~ T , .3JU 7'(., f]:: ';. ., Q,. ,Qi 0 ::; ;.. -,...^ "" V&, ~c1 ' ,~~ ',-;..._ '-:":','!- ~ v ~ ~ ',; y ('l.r .::- ...< ", "':"'/ ~... ,,,"::- f~./" ,,'". ~ , \\\\\' '. ; ~ ;. ~ ~ \ \ \ STATE OF IDAHO, ) S8 County of Ada, ) On this ;oth. day of :fehru.lt1 ' in the year 2004, before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) ,,'U"U.., ~..., '" ~...... ~\CE L. If ~JJJ l' X~ .........~... ",.... :' .."'~":o ~ OT e. ~. .. .. ~ <4 b ...... ':0 :: .. ~ t~" :. . ~ ~.. : 0 .....~ . ..L : :: '&..-b :~: \~\. tlBLlC I j \....... ~ $ "". # )>/1 ......... ~ 0 !to.... ~#JJ, 0 P 11) ~ ........' "......".'"" tJe( bOlo; . I Z:\ Work\M\Meridian\Meridian 15360M\ResolutiollS city Hall\2004\CertClk. Adventure Isalnd Playground 02 06 04.doc CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN Page 2 of2 EC Interoffice Memorandum FEB 0 S 2004 City Of Meridian City Clerk Office To: William G. Berg, Jr. (originals) Cc: Doug Strong (via email) From: William F. Nichols RE: Resolution and Certificate of Clerk for the Memorandum of Understanding Date: February 6,2004 Please find attached the Resolution and Certificate of Clerk for the Memorandum of Understanding pertaining to Adventure Island Playground. This Resolution is now ready to be presented to the Mayor and City Council. If you have any questions please advise. Z:\Work\M\Meridian\Meridian 15360M\Resolutions City Hall\2004\Berg Memo Adventurelsland Res eert elk 0206 04.doc MEMORANDUM OF UNDERSTANDING Parties: 1. The Community Campaign for the Adventure Island Playground and Water SplashPad, an unincorporated volunteer organization, coordinated by Angela Lindig 2. The City of Meridian, Parks and Recreation Department. THIS MEMORANDUM OF UNDERSTANDING made and entered into this I tJ If:- day of Pe&rIA.M~ ,2004, by and between the City of Meridian, an Idaho Municipal Corporation, throug Its Parks & RecreatlOn Department heremafter called "CITY", and, The Community Campaign for the Adventure Island Playground and Water SplashPad, an unincorporated volunteer organization, coordinated by Angela Lindig, hereinafter referred to as "ADVENTURE ISLAND." WHEREAS, the CITY desires to establish a two-acre, universally accessible playground within the Meridian Settler's Park as defined within this MEMORANDUM OF UNDERSTANDING, and; WHEREAS, ADVENTURE ISLAND desires to donate volunteer labor services as well as all of the playground equipment as defined in this MEMORANDUM OF UNDERSTANDING, to the CITY for the construction of a universally accessible playground facility hereinafter referred to as "PROJECT;" WHEREAS, ADVENTURE ISLAND will provide volunteer labor to construct the main play structure of the PROJECT as described in this MEMORANDUM, hereinafter known as "COMMUNITY BUILD;" WHEREAS, the PROJECT will be constructed in phases with the first phase estimated to cost $500,000; and WHEREAS, ADVENTURE ISLAND and the CITY desire to cooperate to create a facility that will allow the children, parents and citizens of all abilities in Meridian and throughout Idaho to learn, play and grow together by creating opportunities for recreation, physical fitness, mental health, community interaction, education, and social change. NOW THEREFORE, in consideration of the mutual promises contained in this MEMORANDUM OF UNDERSTANDING the parties agree as follows: 1. DEVELOPMENT Following ADVENTURE ISLAND'S successful fundraising effort of sufficient funds and "in-kind" donations to assure the completion of the PROJECT, ADVENTURE Memorandum of Understanding Page 1 of 5 ISLAND agrees to design, construct and equip a universally accessible playground for public use at Meridian Settler's Park in accordance with the approved park master plan (Exhibit A). The CITY shall provide input regarding site design, development of construction drawings, specifications and details. 2. CONDITIONS a. ADVENTURE ISLAND shall provide the labor and materials to the CITY for the execution and completion of the PROJECT. b. Although ADVENTURE ISLAND is providing the labor and materials for the construction of the PROJECT, the PROJECT is to be open year-round, owned and maintained by the CITY, and used free of charge by the general public; c. Long Tenn Maintenance: ADVENTURE ISLAND shall, at the time of completion of each phase of the PROJECT, donate all provided materials and equipment to the CITY. Thereafter, the CITY will operate, maintain, repair-and replace all portions of the PROJECT, including the donated equipment, in a manner that ensures the PROJECT maintains its character as a universally accessible playground to all children for a minimum of twenty (20) years. d. ADVENTURE ISLAND agrees to maintain a trust account, whether in cooperation with an existing non-profit group, or otherwise, into which all collected cash donations shall be deposited and segregated for the PROEJCT. The records of such account shall be available to inspection by the CITY at all reasonable times. All materials shall be paid for promptly prior to delivery to Meridian Settler's Park for installation. 3. VOLUNTEER LABOR - WANER OF CLAIMS ADVENTURE ISLAND is required to have all volunteers sign a waiver, holding the CITY hannless against all claims and suits for personal injury/death arising out of participation in the COMMUNITY BUILD phase of the PROJECT. The original waivers shall be collected by ADVENTURE ISLAND and will be delivered to the CITY prior to the start of this COMMUNITY BUILD. ADVENTURE ISLAND agrees that reasonable care will be taken to prevent injury during the COMMUNITY BUILD and will employ usual and customary safety practices. 4. CITY RESPONSIBILITY a. The CITY shall designate in writing a Project Manager who shall be acquainted with the PROJECT and the COMMUNITY BUILD and who shall act on behalf of the CITY with respect to the PROJECT and the Memorandum of Understanding Page 2 of 5 COMMUNITY BUILD, subject to the limitations upon such authority contained in this MEMORANDUM OF UNDERSTANDING. b. The CITY shall review and, if all CITY standards are met, approve all designs and drawings for the PROJECT before construction begins. c. The CITY shall apply for and pay associated fees for any required permits and applications for construction purposes for improvements to the site. d. The CITY will be responsible for long tenn maintenance of ADVENTURE ISLAND as set forth in Section 2(c); e. The CITY's Project Manager shall attend meetings regarding the progress of the PROJECT and he/she is able and shall be provided all details of progress as reported by the Project Coordinator and Committee Leaders of ADVENTURE ISLAND. f. The CITY shall purchase materials to assist with the PROJECT in the amount of $100,000 as determined by the CITY and in accordance with prior verbal agreements between the CITY and ADVENTURE ISLAND. This purchase will be made within phase one of the PROJECT and only after ADVENTURE ISLAND has raised enough funds as agreed upon by the CITY and ADVENTURE ISLAND to construct all of phase one of the project, including this $100,000 purchase. 5. TERMINATION The MEMORANDUM OF UNDERSTANDING may be terminated by mutual agreement of the parties only at any time prior to the construction of the PROJECT. In the event this MEMORANDUM OF UNDERSTANDING is terminated by either party prior to construction or prior to the purchase of materials for which a full refund is not available, the parties shall have no further obligations or liabilities to each other pursuant to this agreement. 6. DEFAULT AND CANCELLATION If either party is in breach or default of any of the terms, covenants or conditions of this MEMORANDUM OF UNDERSTANDING and fail or refuse to cure such breach or default within ten (10) days of writing notice thereof, this MEMORANDUM OF UNDERSTANDING may be deemed tenninated and forfeited without further notice or demand. Either party's wavier on one or more occasion of any breach or default of any term, covenant or condition of this MEMORANDUM OF UNDERSTANDING, with or without demand, shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to Memorandum of Understanding Page 3 of 5 prejudice, waive, or affect any right or remedy either party may have under this MEMORANDUM OF UNDERSTANDING with respect to such subsequent default. 7. NOTICES a. All notices shall be given with respect to this MEMORANDUM OF UNDERSTANDING shall be in writing addressed as follows: TO ADVENTURE ISALND: Adventure Island Angela Lindig - Project Coordinator 179 SW Fifth Avenue Meridian, ID 83642 TO CITY: City of Meridian: Parks and Recreation Departm.ent 11 W. Bower Street Meridian, ID 83642 AND Meridian City Clerk 33 East Idaho Street Meridian, ID 83642 b. Notice shall be either delivered or sent by registered or certified mail, postage prepaid, return receipt required to the party to be notified at the address specified above, or such other address as either party may designate in writing. Every notice shall be deemed to have been given at the time it is deposited in the United States mail, or upon delivery to the party above specified, or their agent or legal representative. 8. APPROVAL BY CITY COUNCIL This MEMORANDUM OF UNDERSTANDING shall not be effective for any purpose whatsoever until it is approved by the resolution of the CITY Council and executed by the Mayor. By granting of this MEMORANDUM OF UNDERSTANDING, the CITY Council IS NOT obligating itself, the CITY of Meridian, its officers or agents, with regard to any other discretionary action relating to development or operation of said premises. Such discretionary actions include, but are not limited to, the granting, or re- zoning, variances, use permits, environmental clearances, or any other government agency approval that is required by law. Memorandum of Understanding Page 4 of 5 9. BINDING EFFECT This MEMORANDUM OF UNDERSTANDING and the tenns and conditions hereof shall apply to and are binding upon the heirs, legal representative, successors and assigns of the parties. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. CITY OF MERIDIAN ADVENTURE ISLAND By:a~/~~ By: \\\lllIllllllIll \\\\ C. ll.!lf:: 11/1 \"\..J 01 J'lII'-.Fi/.:; 111/ ATTEST .::;.' ~A(.. . <..~" "v : .::..... 0' o1fWOAA l,lI'....~ :: 0 l~ -:;. 2 ~'V. 0 S JI~4-~/L(~v. J' J CITY CLERK F -:;. -t1' '\ all '" 0:::- .0;:;. '6 '........"'sr 1S1 . ~ ~ //, ""~ "'--- ^ 'if .:::-.... // (\ \v .......... /; ~o' ;~ '-~i ,-\' F~'>it_..~.l.,..,.~~;:;, . \\\\ ~,.,~ :. -,~.'\\\\ APPROVED AS TO FORM AND CONTENT;" ..,ii." t{)~k DIREC~ PARKS AN~REATION CITY ATTORNEY Z:\Work\M\Meridian\Meridian 15360M\Adventure Island - Memorandum of Understanding \MEMORANDUM OF UNDERST ANDING.doc Memorandum of Understanding Page 5 of 5 Meridian City Council Meeting January 13, 2004 Page 8 of 70 De Weerd: Mr. Nary. Nary: Yes. I think I would echo that and, you know, whatever information we can provide to those folks, so they do understand, whatever the consent agreements are, so that they -- so they, again, like Mr. Nichols said, sometimes the people haven't seen those things. I know it doesn't bother me to get a copy of a law that tells me what the law is, but I mean I know some folks may not really understand that, but, again, the more information the better. Obviously, there will be some people that may be disagreeing with that, but the more information they have the better they will understand why, so-- De Weerd: I guess as you compile the letter from me, if you can look at the documents that were on the plat or in their CC&Rs -- whatever documentation that refers to the consent to annexation once they are contiguous. I would like that referenced in that letter just so they have a point of reference to go back to in their documents as well. Powell: We can do that and we did look at it today and it was -- there is not much in the Development Agreement. It just basically says that the developer and any assigns or anybody that buys property after that will not in any way hold up the annexation process is basically what it says, so -- and I should point out I don't think it would be necessary, technically, to send a personal letter to each person. I did anticipate that that's what the Planning and Zoning staff would do. It would be some additional cost to the city as far as mailing, but I do think that that is appropriate. De Weerd: I think that would be most appropriate. Powell: Okay. C. Parks and Recreation Department - Doug Strong 1. Draft Agreement between Adventure Island Playground Organization and the City of Meridian: De Weerd: Okay. Thank you. Any further discussion? Okay. We will go ahead and move onto Item 6-C-1, the draft agreement between Adventure Island Playground Organization and the City of Meridian, with the Parks and Recreation Department, Doug Strong. Strong: Madam Mayor and Members of the Council, this is an example of an agreement that's been in the works for several months, probably most of the months that I have been with the city, has gone through a variety of evolutions. With the recommendation of Mr. Nichols bringing it before you tonight for just a brief discussion to show you where it is now, so that we can move forward with it. As I think most of you know, St. Alphonsus Foundation has been supporting the Adventure Island playground since its inception and some of the early agreements had St. Alphonsus written in the agreement and it's been back and forth for signature several times. The most recent Meridian City Council Meeting January 13, 2004 Page 9 of 70 version is that St. Alphonsus did not want to be in the agreement, so that's where we are now. What you see is identification of Adventure Island playground as Adventure Island in the agreement and the city and I believe everybody has had a copy and an opportunity to read the agreement. With discussion tonight, we would like some direction how to move forward with getting this a completed and signed agreement, so that we can begin construction on that area of Meridian Settler's Park by this spring. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Is this new Adventure Island playground and water splash pad a -- is it an incorporated, nonprofit organization or something? Strong: Not to my understanding. Bird: Well, how do you come into an agreement with this? When we met with them originally -- and this is when St. AI's said they would step up to the plate I brought this up, because I don't qknow how you -- what you're basically doing is making an agreement with a nonexistent volunteer organization. It's a couple of people. I can't believe the people want to be held responsible to this agreement. I know it's been going on and on. This is the first I knew that Sf. AI's was not going to be the volunteer community or the one that we had the agreement with. I don't know how the rest of the Council feels, but I have a real problem with not -- with having an agreement with a non- registered organization. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I think -- I guess when I'm looking at this agreement, I think -- Councilman Bird, I think -- I mean if we identified at least the principals of this group -- because it appears the only thing they are really required to do is to collect these hold harmless waivers from these volunteers. They are not providing anything in this agreement -- unless I missed something, they are only providing the -- they are providing the labor and materials, but that's going to be bought by the volunteers and all they are doing as an organization -- and I agree with you, I think it -- I mean it is just a committee of folks, is collecting these hold-harmless waivers and giving them to the city, so that we -- Bird: They are raising money to-- Nary: Well, I understand that, but I mean this agreement only does -- all it does is talk about collecting the hold-harmless waivers, organizing the build, turning over the material or turning over the finished product to the city, which I don't really see as -- I don't know that there is really an issue. Maybe part of that hold harmless is that basically, any material that's brought by citizens is donated to the city and they can sign Meridian City Council Meeting January 13, 2004 Page 10 of 70 off on that as well. I mean I think you would have to name -- I mean I agree with Mr. Bird in the sense I think you would have to name somebody, because if no one does it, no one's held accountable for it, so -- if they don't do that. I think you're going to have to name some principals, at least, to really be responsible parties to do that. The raising money stuff, I mean in this one -- I'm not sure in this one it has anything about raising money, unless I missed it. Nichols: Madam Mayor? De Weerd: Mr. Nichols. Nichols: Madam Mayor, Members of the Council, the lawyer for St. Alphonsus Foundation represented to me they are not out of the picture, they just weren't going to be a party to the agreement. They are still operating in an assisting capacity to Mrs. Lindig and her group. With regard to the -- this is a memorandum of understanding only, it doesn't obligate us to do anything until they have the funds raised. We don't __ we don't go forward with a single dollar of the city's money or on the design side of things until they have raised the funds necessary to do the things that they say they are going to do and that a critical part of what we were trying to do with this agreement. We asked -- or I asked specifically that Mr. Strong bring this to you for your review, partly because new Council Members mayor may not have seen some of the elements of this before and also because it doesn't have St. Alphonsus in the agreement anymore. I knew that was a change and rather than have Doug send over an agreement with an obvious change in it, that we would have a discussion about why is it changed and so forth. We wanted to at least have you look at it. If you want us to add individuals' names, if you want us to go back to them and tell them they need to incorporate and create a nonprofit corporation, we can certainly do that. They won't have -- I think they intended to use St. Alphonsus Foundation for the 501(c)(3) status for the donations, so they didn't have to jump through the hoops to qualify as a 501 (c)(3) themselves, they could use the foundation for that purpose for people that wanted to make tax deductible donations to the project. That was my understanding. De Weerd: And you're right on on that. It seems -- and once this project is over, this group will no longer exist. It seems kind of above and beyond to ask them to incorporate just until the conclusion of this project. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yes. I think as long as Mr. Nichols is okay with that. I think, really, the only thing, I guess, I would prefer to see in this agreement with them is some principals named as the party's representatives of this Adventure Island group. I mean Mrs. Lindig is a signature on the back and if she wants to be the principal or if they have an executive group of their board or whatever, I think we just want to an account -- I mean I think the public should have something -- someone that's accountable. I agree with what Mr. Meridian City Council Meeting January 13, 2004 Page 11 of 70 Nichols has said is they are not -- the city isn't required to do anything until they actually pony up the money. Having them go through the effort of establishing their own 501(c)(3) seems kind of wasteful and a waste of time, but I think there needs to be some principals, not just a signator, but named in the document and, then, I think -- at least for me I think it's fine. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I concur with Councilman Nary on that part and what Bill said has cleared it for me, but I certainly want to see some name in here, because anybody could be, you know, representing that community, campaign for the Adventure Island playground. Doug, I have a question. Have we released any of that money? We have budgeted I think 100 or 150,000 towards this. Have we released any of that money to anybody? Strong: Madam Mayor, Councilman Bird, we have not. Bird: Okay. I'm like Councilman Nary, I'd like to see whoever is going to sign that, their name or if they are the president of the group or something, within this agreement, I just -- I mean a nonprofit organization that isn't incorporated, we have to have an agreement with somebody. Somebody has to be responsible for that group and St. AI's has evidently backed out as far as being responsible to this memorandum. They aren't to the part of the deal. I don't believe as a public entity that we can just go out and make agreements with any organization that don't have some backing. I would go along with that. If you want to get a name in there, then, I'm for it. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: It's great to have the volunteerism, but things like this just have a way of backfiring on us. This, in itself -- and I don't know the history, but were we to enter into this agreement builds an expectation on the part of our constituents and a fair amount of the money to make this work is through the volunteer effort. If it goes south and we don't have anybody to hold accountable, there is still that expectation that this will be done. The 100,000 dollars that I read in here that the city has discussed in a prior verbal agreement with this organization, now becomes the full cost of this activity. I guess I'm just cautious in that when we are dealing with a -- in essence, a non-existent entity and I don't know these folks and it's not a matter that I have a distrust for them, but I have been in these kinds of things in the past and occasionally they don't work quit as well as we all think they are going to and that's my hesitancy with this particular agreement. Strong: Madam Mayor and Councilman Rountree, just to clarify some of the money issues, as of December of 2003, there were, -- there was 300,000 dollars in cash Meridian City Council Meeting January 13, 2004 Page 12 of 70 contributions to this project and about 245,000 dollars in in~kind donations. So far, they have solid contributions of about 545,000 dollars for this project. I think -- and that's come through St. Alphonsus Foundation to that point, as far as fundraising efforts. It's a pretty solid organization as far as the money goes. They have been very diligent about holding off to even move forward with groundbreaking until they felt they had the money in the bank for phase one of the project. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I think those kinds of things need to be included in the agreement, that those monies they have raised are held in a foundation or an escrow account or something that builds at least my comfort level and maybe the rest of the Council's that it's just not wishful thinking, it's a real deal. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would agree with Councilman Rountree on that, because, you know, that is sitting in an escrow under St. AI's nonprofit letters and it don't say a word about it in here and this agreement isn't with St. AI's. What's to say that that money -- we know it's going there, but what's to say definitely that it is. This memorandum doesn't say it. Nichols: Madam Mayor? De Weerd: Mr. Nichols. Nichols: Madam Mayor, Members of the Council, you need to be careful about where you're going with this thing, because if you're going to put into this agreement something about the money that's already been pledged or raised, then, I do think it puts you into the position of having to finish the project. The way this memorandum is worded right now, you don't have to move forward until they have all of the money to do it. If you start putting in there you're going to tie up the money that's been paid to this group that's held by St. AI's, you run the risk of, then, being committed to do the whole project. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Nichols, I agree with you on that 100 percent, but what in this memorandum tells us that that money or that they -- who do we -- who is held responsible to do this by this memorandum? It's with an organization that it's just a name only. There is nobody responsible. Meridian City Councif Meeting January 13, 2004 Page 13 of 70 Nichols: Madam Mayor, Members of the Council, if you put Mrs. Lindig's name on this, you don't really have any much more than what you have already. If you -- if she incorporates you have an assetless entity that's a party to the agreement. The only thing -- what I'm hearing you say is go back to St. AI's and tell them they are back in the game and their name has to be on the agreement. That's what 1'm hearing you say. Because if you want the party that's holding the funds to be obligated to follow through, it sounds like they need to be back in the game and they need to be part of this understand ing. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I believe one of the things that this organization is looking for as far as a memorandum of understanding is not only to complete their timetables and to work directly with the parks department. Also from a donation standpoint, they want to know -- the donors want to know that the city is invested in the project when the funds become available and -so we are dealing with a time line on what I feel is a very worthwhile project. Certainly, this is something that if the City of Meridian is going to continue to utilize both volunteers fund raising efforts and involunteer activities. We need to -- we need to figure out at least a process for them to come to us and to build these sorts of things that we have not committed to build ourselves with 100 percent tax dollars and so I think this is a good discussion to have. At the same I'm a little bit hesitant to begin naming organizations when they are not going to -- when they have a very fixed timeline. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yes. I guess Councilman Bird and Council member Rountree, you know, I think you -- I think you're at an agreement that's ahead of what this. I mean I think all this is is memorializing the understanding we have with this Adventure Island group and I guess I reiterate -- I think that we just want it identified in the document to me as to who that principal is and if it's Mrs. Lindig, that's fine. This isn't an agreement to build it and that's where I think we would be -- that's where I think we would want an agreement like you folks are talking about of who is going to commit the money? When are we going to see it, when is this going to get built, when is the construction plans going to be shown to us -- that's a whole different agreement. All we are doing here is like I think Mr. Nichols is saying is here is our understanding of this group called Adventure Island and the principal is Mrs. Lindig. They will raise money and if they do, they will provide as a group the money and the volunteers and the people to help build this project. Once they do that, the city has decided to commit a certain amount of funds towards the same end of the project. This isn't a commitment to build anything this is just a commitment that they are going to continue to do that. I think as Council Member Wardle stated, it's just Meridian City Council Meeting January 13. 2004 Page 14 of 70 so that they can show, just like we have had agreements in the past with Meridian youth baseball or the soccer folks and all of those. This is a way for them to go to their donors and say the city is in, we need this money, this is how we are going to raise it, this is what we are going to do with it, this is where it's going, this is what's going to happened. I think, as Mr. Nichols has stated, I think if the other agreement you folks are talking about puts us further into this project and completing it, but thafs really but where these folks are there. They are not even there yet and this doesn't commit the city to anything, other than saying once you get the money, we will participate in the rest of it and I don't think -- I guess I don't see that hurting us to any degree. All I wanted was just a person who was identifiable as a principal of that organization, rather than just a generic name and her signing on the end. Strong: Madam Mayor and Councilman Nary, what you're saying is accurate, because what's defined in the agreement is that they will provide the equipment and the community build -- the volunteers to do the community build. Essentially, buy everything that goes into that build, other than the 100,000 dollars I think that was identified that would be the pour-in-place surface, which I believe has been identified, which is -- it isn't identified that way in the agreement, nor does it need to be. We provide, then, the speCifications for how it will be built and supervision of the build process and it kind of keeps everybody clean until that opportunity. At least the way it looks. De Weerd: Any further questions? Strong: What I would need is direction where to go from here, then. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mr. Strong, do you anticipate any concerns from Mrs. Lindig including her name in the document as a principal of the Adventure Island group? Do you think she would have any problem with that? Strong: Madam Mayor, Councilman Nary, I don't see any reason why she would not be willing. She's invested herself so completely in this project that putting her name on a document I think would not concern her. De Weerd: And it's already on there as the signator anyway. Nary: Right. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council Meeting January 13, 2004 Page 15 of 70 Rountree: I heard from counsel, as well as member Nary, about four points. If the agreement could expound those four points and get away from the indemnifications, the maintenances, and all of the other things that we were saying it doesn't include, but, in fact, it does, then, yes, I think it's a great deal. Basically, we have a group, they want to do this, they are going to provide the equipment, the labor, and the money and, yes, the city is behind it to the point that we have already budgeted the money in our budget to the tune of 100,000 or 150,000, whatever it is, and that's the agreement. We have done our part they have done their part, move on. It seems like we are kind of interim in an agreement. We have gone passed that, but not to where I was talking and I agree with what you said, Bill. It seems to me that, you know, four bullet points or four whereas -- or therefore and one whereas, we both agree that we are going to do it. It's clean and it's quick and you don't have to get St. AI's involved and you don't have all of this other stuff that both our attorneys can argue about at some point in time in the future. I guess that would be my direction. Clean it up, get it to the point that we are at right now and we will worry about the details later. Nary: Madam Mayor? De Weerd: Mr. Nary. - Nary: Not to belabor it, but I think maybe if -~ Council member Rountree, I would agree that probably the long-term maintenance provisions in here aren't really necessary. I mean once they turn the material and the project is completed, what we do with it is ours. I mean it doesn't really make a whole lot of difference that this agreement -- it's not going to have any need to exist any longer. It probably just needs to reflect like we have talked about. Everything that's going to happen to the point that it gets turned over. The indem part is really just to cover the city for the volunteers during the build process and I think we want to have something like that hold harmless, but once it's turned over to the city it's probably not necessary, because there is no need to have an agreement any longer with anybody, because we are just going to maintain it, because it belongs to the city. Nichols: Madam Mayor? De Weerd: Mr. Nichols. Nichols: Madam Mayor, Members of the Council, I can't recall if it's in connection with this project or perhaps some others. There are some grant funding sources which require as part of the process that the receiving entity promise to maintain the facility for a certain period of time and so in this -- in taking this memorandum of understanding to potential funding sources, that, I believe, is one of the reasons that that provision was in there, even though certainly the city would have every intention of maintaining these things for whole lot longer than 20 years, but I believe that that was where part of that was coming from. Meridian City Council Meeting January 13, 2004 Page 16 of 70 Strong: Madam Mayor, Members of the Council, that's exactly right, because in Phase 2 of this project we are intending to apply for land and water conservation funds, which have those requirements in the funds which are applied to that phase of the project. It would also look at the rest of the project that contributes to the total project. It's probably important to keep those items in there. That's if we are successful with the application, but it is a way to get additional dollars to the project. Nichols: Madam Mayor? De Weerd: Mr. Nichols. Nichols: Madam Mayor, Members of the Council, just one other thing. The agreement does have the ability to terminate it. If the Council becomes uncomfortable with this agreement at anytime prior to the construction of the project, it can be terminated and, then, our only liability comes is if there were materials purchased in reliance upon the agreement that cannot be returned for credit. That's the liability under the agreement. De Weerd: Okay. Council, Mr. Strong needs to know how to proceed. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mr. Nichols, do you think -- I'm not going to try to repeat them, but we do have a tape. The points as Councilman Rountree pointed out that we can memorialize, you know, what the intents of the parties are here and making sure that that's clear in this agreement. I think we should be -- I think we should be fine. I think the overall intent or the overall document isn't going to change, I think, other than adding Mrs. Lindig as a principal in the body of the text and so as Councilman Rountree stated, some whereases to make it clear what our intentions are and what are anticipated participation is. Would you think that would be complicated or difficult to incorporate? Nichols: Madam Mayor, Members of the Council, we will make a stab at it. Again, we wanted to bring this in front of you, because we didn't have the comfort level of just running it passed on a consent agenda with signatures already on it. We want to make it better, so we will do our best and we will provide drafts of the revised agreement to you and you can comment on it and go from there. Nary: Great. Thank you. We will go ahead. I guess what I'm hearing, at least from me, I think is we will go ahead and we will see those drafts and try to get this worked out in the next couple weeks and go forward. Is that -- do you think that's adequate, Madam Mayor? Do you want a motion to that? I'm not sure what-- De Weerd: I would like -- Mr. Nichols, would it be feasible or reasonable to assume that we can have this -- a draft by next week and ask Council to give you comments, so it could be on the agenda in two weeks? Meridian City Council Meeting January 13, 2004 Page 17 of 70 Nichols: Madam Mayor, Members of the Council, I'm going to read the minutes and go back through and do it and so even -- as fast as he is, Mr. Willis usually has those done by Thursday, so I'm not sure -- I'm not sure I can promise you a drafted by Tuesday next week. We will do it as quickly as we can. I don't know that there is any real pressing time frame on it. Ifs just we have tried to move it to you as quickly as we got it back from St. AI's with the latest changes. De Weerd: I guess the target can be the final documents on the agenda in three weeks and interimly if you can give your comments as soon as you get them back to Doug and our attorney. Okay. I don't think we need a motion. Strong: Thank you. D. City Council President - Bill Nary 1. City Council Appointments: De Weerd: Thank you., Doug. Okay. Item D is the City Council President. Nary: Madam Mayor, Members of the Council, we have talked previously about appointments for the different liaison positions. What I was going to do this coming year is try to do them a little bit differently than we have done them in the past, so that way we hopefully maybe can get a little different look at it. What I have ultimately decided, I think after discussions with everyone, on the Public Works liaison, Councilmember Rountree will take that role. That also does include the solid waste advisory committee as Mr. Sedlacek said at our Pre-Council Meeting they go hand in hand together. The public safety we are going to do differently than we have in the past. The Fire and Police Department liaison will be Council Member Bird for both of those departments. Both of the chiefs were very excited about that opportunity and thought that would be a very good fit for them as well in working together as a group for -- they have very similar needs and really felt very strongly about Council Member Bird's participating. That would be a real asset to them. The Parks Department, Council Member Wardle has agreed to be the liaison for that department. He has been on the commission, they, again, were very encouraged by his continuing participation, and he will also, with myself, be the liaison for the Planning and Zoning Department. There are some particular needs of some projects and some things that Mrs. Powell wanted to work on and for time considerations, I think for both of us that are going to work out for both us, as well as the department. Then, finally, I guess a group that I -- for lack of anything else, I labeled as public seNices, the services that originate out of City Hall. Currently the finance department, the human resources department, and the city clerk will have one liaison. I will take that duty and responsibility for the next year for those three departments and I have communicated that to all the different departments, so they are aware that of that. Council Members, they will be providing you with the monthly check runs for each of the departments for your review. We haven't changed anything in regards to our fiscal policies, so those remain the same. For Council Member Rountree .. ,,,,.,, .,..~, " ., "P.i 0 ._._. ~,yc.~""c__.~_t__..~.""...."." ... c'_.'_~w,u",'~c ,.. .' .......... .........." ,.,.. .......~......... l ~ .- .-'-'.-' .... -..... ..... .... "."".""""".'.--~''f'.+ :.; . .~,..."'.,.~..~.,,_..._'_'nH...,.,. - -""~=_~7=: ... ,.c----,.h-c-".'.'..'...c._._._._..y.~t".J........... ".. . ,....- ._.._n....T_.C"yn'.T,<..<( .' . .."'."._........c~.....-,.__'._.'n.__ ~...'...~.n......'.. ....'c -f ~ ..,- ~~.G) aoCJ){ ......,.".,._..""'..,...".'._"0'..'; .. . .... ....... .',"."""'n...,..__"~._~"';;__+" ...._ _.' ,y.,~..,,,_.....~ ',.",c"'"",.,.,, .....,. ,.~~.~.... ~.c.____n.n. _ ...._.... .'. . __ '._ .__ ,w..~>n.,_.._._"".."". ___ c_ _c Interoffice Memorandum elLY Oflvler.idiaL To: William G. Berg, Jr. (originals) Cc: Doug Strong (via email) From: William F. Nichols RE: Resolution and Certificate of Clerk for the Memorandum of Understanding Date: February 6,2004 Please find attached the Resolution and Certificate of Clerk for the Memorandum of Understanding pertaining to Adventure Island Playground. This Resolution is now ready to be presented to the Mayor and City CounciL If you have any questions please advise. Z:\Work\M\Meridian\Meridian 15360M\Resolutions City Hall\2004\Berg Memo AdventureIsland Res Cert cUe 02 06 04.doc RESOLUTION NO. 04- BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN~ SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORlZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MlJNICIPALITY~ AN AGREEMENT ENTITLED "MEMORANDUM OF UNDERSTANDING" BETWEEN CITY OF MERIDIAN~ PARKS AND RECREATION DEPARTMENT, AND THE COMMUNITY CAMPAIGN FOR THE ADVENTURE ISLAND PLAYGROUND AND WATER SPLASHPAD, AN UNINCORPORATED VOLUNTEER ORGANIZATION, COORDINATED BY ANGELA LINDIG. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian, Parks and Recreation Department, to enter into a memorandum of understanding agreement with The Community Campaign for the Adventure Island Playground and Water SplashPad, an unincorporated volunteer organization, coordinated by Angela Lindig, denoted as ":MEMORANDUM OF UNDERSTANDING", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE~ BE IT RESOLVED BY TBEMA YOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian, Parks and Recreation Department, that certain memorandum of understanding RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SElTING FORm CERTAIN FINDINGS AND PURPOSES; AumORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO AN AGREEMENT ENTITLED "MEMORANDUM OF UNDERSTANDING" BETWEEN CITY OF MERIDIAN AND THE COMMUNITY CAMPAIGN FOR THE ADVENTURE ISLAND PLAYGROUND AND WATER SPLASHPAD,AN UNINCORPORATED VOLUNTEER ORGANIZATION, COORDINATED BY ANGELA LINDIG Page 1 of2 agreement with The Community Campaign for the Adventure Island Playground and Water SplashPad, an unincorporated volunteer organization, coordinated by Angela Lindig, entitled ":MEMORANDUM OF UNDERSTANDING", a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCil.. OF THE CITY OF MERIDIAN, IDAHO, this _ day of , 2004. APPROVED BY THE MAYOR OF THE CITY OF :MERIDIAN, IDAHO, this _ day of , 2004. MAYOR ATTEST: CITY CLERK Z:\Work\M\Meridian\Meridian 15360M\Resolutions City Hall\2004\Resolution MOU with Adventure Island 02 06 04.doc RESOLUTION OF THE CITY COUNcn. OF THE CITY OF MERIDIAN, SETTING FORm CERTAIN FINDINGS AND PURPOSES; AUmORlZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO AN AGREEMENT ENTITLED "MEMORANDUM OF UNDERSTANDING" BETWEEN CITY OF MERIDIAN AND THE COMMUNITY CAMPAIGN FOR THE ADVENTURE ISLAND PLAYGROUND AND WATER SPLASHPAD,AN UNlNCORPORATED VOLUNTEER ORGANIZATION, COORDINATED BY ANGELA LINDIG Page 2 of2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certifY: 1. That I am the duly appointed and elected Clerk ofthe City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certifY that on the day of ,2004, the following action has been taken and authorized: A RESOLUTION OF 'T.HE CITY COUNCIT- OF THE CITY OF lvffiRIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNlClPALITY, AN AGREElvffiNT ENTITLED "MEMORANDUM OF UNDERSTANDING" BETWEEN CITY OF lvffiRIDIAN, PARKS AND RECREATION DEPARTlvffiNT, AND THE COMMUNITY CAlvtPAIGN FOR THE ADVENTURE ISLAND PLAYGROUND AND WATER SPLASHP AD, AN UNINCORPORATED VOLUNTEER ORGANIZATION, COORDINATED BY ANGELA LINDIG. BE IT RESOLVED BY THE MAYOR AND COUNClL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian, Parks and Recreation Department, to enter into a memorandum of understanding agreement with The Community Campaign for the Adventure Island Playground and Water SplashPad, an unincorporated volunteer organization, coordinated by Angela Lindig, denoted as "MEMORANDUM OF UNDERSTANDING", a copy of which is attached hereto marked as Exhibit "A" to this R~solution, the reasons and authority for which are as set forth in said Agreement. CERTIFICATE OF CLERK OF THE CITY OF 1vffiRIDIAN Page 1 of 1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian, Parks and Recreation Department, that certain memorandum of understanding agreement with The Community Campaign for the Adventure Island Playground and Water SplashPad, an unincorporated volunteer organizatio~ coordinated by Angela Lindig, entitled ".MEMORANDUM OF UNDERSTANDING", a copy of which is attached hereto marked as Exhibit "N' to this Resolution and to bind this City to its terms and conditions. William G. Berg, Jr. STATE OF IDAHO, ) : ss County of Ada, ) On this day of , in the year 2004, before me, a Notary Public, appeared WILLIAM G. BERG, JR, known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf ofthe City of Meridian. (SEAL) Notary Public for Idaho Commission Expires: Z:\Work\M\Meridian\Meridian 15360MIResolutions city HaII\2004\CertCIk Mventure Isalnd Playground 0206 04.doc CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN Page 2 of2 FEB 0 3 2004 MEMORANDUM OF UNDERSTANDING City Of Meridian City Clerk Office Parties: ] . The Community Campaign for the Adventure Island Playground and Water SplashPad, an unincorporated volunteer organization, coordinated by Angela Lindig 2. The City of Meridian, Parks and Recreation Department. THIS MEMORANDUM OF UNDERSTANDING macle and entered into this clay of ,2004, by and between the City of Meridian, an Idaho Municipal Corporation, through its Parks & Recreation Department hereinafter called "CITY", and, The Community Campaign for the Adventure Island Playground and Water SplashPacl, an u ni ncorporated vol L1nteer organizati 0 n, coord inated by Angel a Lind i g, herei na Fter referred to as "ADVENTURE ISLAND." WHEREAS, the CITY desires to establish a two-acre, universally accessible playground within the Meridian Se1tler's Park as defined within this MEMORANDUM OF UNDERSTANDING, and; WHEREAS, ADVENTURE ISLAND desires to donate volunteer labor services as well as all of the playground equipment as defined in this MEMORANDUM OF UNDERSTANDING, to the CITY for the construction of a universally accessible playground facility hereinafter referred to as "PROJECT;" WHEREAS, ADVENTURE ISLAND will provide volunteer labor to construct the main play structure of the PROJECT as described in this MEMORANDUM, hereinafter known as "COMMUNITY BUILD;" WHEREAS, the PROJECT will be constructed in phases with the first phase estimated to cost $500,000; and WHEREAS, ADVENTURE ISLAND and the CITY desire to cooperate to create a facility that will allow the children, parents and citizens of all abilities in Meridian and throughout Idaho to learn, play and grow together by creating opportunities for recreation, physical fitness, mental health, community interaction, education, ane! social change. NOW THEREFORE, in consideration of the mutual promises contained in this MEMORANDUM OF UNDERSTANDING the parties agl-ee as follows: 1. DEVELOPMENT Following ADVENTURE ISLAND'S successful fundraising effort of sufficient funds and "in.kind" donations to assure the completion of the PROJECT, ADVENTURE Memorandum of Understanding Page 1 of 5 ISLAND agrees to design, construct and equip a universally accessible playground for public use at Meridian Settler's Park in accordance with the approved park master plan (Exhibit A). The CITY shall provide input regarding site design, development of construction drawings, speci Cications and details. ") CONDITIONS a. ADVENTURE LSLAND shall provide the labor and materials to the CITY for the execution and completion of the PROJECT. b. Although ADVENTURE ISLAND is providing the labor and materials for the construction of the PROJECT, the PROJECT is to be open year-round, owned and maintained by the CITY, and L1sed free of charge by the general public; c. Long Term Maintenance: ADVENTURE ISLAND shall, at the time of completion of each phase of the PROJECT, donate all provided materials ancl equipment to the CITY. Thereafter, the CITY will oper8te, maintain, repair and replace all portions of the PROJECT, including the donated equipment, in a manner that ensures the PROJECT maintains its character as a universally accessible playground to all children for a minimum of twenty (20) years. d. ADVENTURE ISLAND agrees to maintain a trust account. whether in cooperation with an existing non.profit group, or otherwise. into which all collected cash donations shall be deposited and segrcgated Cor the PROEJCT. The records of such account shall bc available to inspection by the CITY at all reasonable times. All materials shall be paid Cor promptly prior to deli very to Meridian Settler's Pm-k fo I' i nsta Ilntioll. 3. VOLUNTEER LABOR ~ WAIVER OF CLAIMS ADVENTURE ISLAND is required to have all volunteers sign a waiver, holding the CITY harmless against all clalms and suits for personal injury/death at'ising out of participation in the COMMUNITY BUILD phase of the PROJECT. The original waivers shall be collected by ADVENTURE ISLAND and will be delivered to the CITY prior to the start of this COMMUNITY BUILD. ADVENTURE ISLAND agrees that reasonable care will be taken to prevent injury during the COMMUNITY BUILD and will employ usual and cLlstomary safety practices. 4. CITY RESPONSIBILITY a, The CITY shall designate in writing a Project Manager who shall be acquainted with the PRO) ECT and the COMIvIUNITY BUILD and who shall act on behalf of the CITY with respect to the PROJ ECT and the Memorandum of Understanding Page 2 of 5 COMMUNITY BUILD, subject to the limitations upon such authority contained in this MEMORANDUM OF UNDERSTANDING. ~ b. The CITY shall review and, if all CITY standards are met, approve all designs and drawings for the PROJECT before construction begins. c. The CITY shall apply for and pay associated fees for any required permits and applications for construction purposes for improvements to the site. d. The CITY will be responsible for long term maintenance of ADVENTURE ISLAND as set forth in Section 2(c); e. The CITY's Project Manager shall attend meetings regarding the progress of the PROJECT and he/she is able and shall be provided all details of progress as reported by the Project Coordinator and COlllmittee Leaders of ADVENTURE ISLAND. f. The CITY shall purchase materials to assist with the PROJECT in the amount 'Of $1 00,000 as determined by the CITY and in accordance wi III prior verbal agreements between the CITY and ADVENTURE ISLAND. This purchase will be made within phase one of the PROJECT and only after ADVENTURE ISLAND has raised enough funds as agreed upon by the CITY and ADVENTURE ISLAND to construct all of phase one of the proj ect, including this $100,000 purchase. ). TERNlINA TION '['he MEMORANDUM OF UNDERSTANDING may be terminated by mutual agreement oflhe parties only 8t any time prior to the construction of the PROJECT. In the event this MEMORANDUM OF UNDERSTANDING is terminated by either party prior to construction or prior to the purchase of materials for which a full refund is not available, the parties sh811 have no further obligations or liabilities to each other pursuant to th i s agreement. 6. DEFAULT AND CANCELLATION If either p8rty is in breach or default of any oftllc tenlls, covenants or conditions 01' this MEMORANDUM OF UNDERSTANDING and fnil or refuse to cure sLlch breach or default within ten (10) days of writing notice thereof, this MEMORANDUM OF UNDERSTANDING may be deemed terminated and forfei ted without further notice or demand. Either party's wavier on one or more occasion of any breach or default of any term, covenant or condition of this MEMORANDUM OF UNDERSTANDING, with or without demand, shall not be construed as a waiver of 8ny subsequent breach or default of the same or a cI i fferellt term, covenant or condi tion, nor shall such w8i vcr operate to Memorandum of Understanding Page 3 of 5 prejudice, waive, or affect any right or remedy either party may have under this MEMORANDUM OF UNDERSTANDING with respect to such subsequent default. 7. NOTICES a. All notices shall be given with respect to this MEiVlORANDUf'vl OF UNDERST ANDING shall be in writing addressed as follows: TO ADVENTURE ISALND: Adventure IsI and Angela Lindig - Project Coordinator 179 SW Fifth Avenue Meridian, 10 83642 TO CITY: City of Meridian: Parks and Recreation Department 11 W. Bower Street Meridian, ID 83642 AND Meridian City Clerk 33 East Idaho Street iVlel'idian,IO 83642 b. Notice shall be either delivered or sent by registered or certified mail, postage prepaid, return receipt required to the party to be notified at the address specified above, or such other address as either party may designate in writing. Every notice shall be deemed to have been given at the time it is deposited in the United States mail, or upon delivery to the party above specified, or their agent or legal representative. 8. APPROVAL BY CITY COUNCIL This MEMORANDUM OF UNDERSTANDING shall not be effective for any purpose whatsoever until it is approved by the resolution of the CITY Council and executed by the Mayor. By granting of this MEMORANDUM OF UNDERSTANDING, the CITY Council [S NOT obligating itself, the CITY ofMericlian, its officers or agents, with regard to any other discretionary action relating to development or operation of said premises. Such discretionary actions include, but are not limited to, the granting, or re- zoning, variances, use permits, environmental clearances, or any other government agency approval th8t is required by law. Memorandum of Understanding Page 4 of 5 9. BINDING EFFECT This MEMORANDUM OF UNDERSTANDING and the terms and conditions hereof shall apply to and are binding upon the heirs, legal representative, successors and assigns of the parties. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. CIT'r' OF MERIDIAN ADVENTURE ISLAND BY: BY: By: ATTEST: CITY CLERK APPROVED AS TO FORM AND CONTENT: DIRECTOR, PARKS AND RECREATION CITY ATTORNEY Z:\Work\iv1\MendWI1\i'vIeridian ] 5360M\Advcnture Island. Memorandum of UndcrSlanding\M EMORANDUM OF UNDERST/\NDING.doc Memorandum of Understanding Page 5 of 5 January 31, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Mary Ballantyne 10 February '/, 2004 V AC 03-007 ITEM NO. REQUEST Tabled Findings from 2-3-04-- Request for a Vacation of three feet of ACHD right of way on each side of Pennwood Street for Troutner Business Park Subdivision no. 2 -- west of South Meridian Road and south of West Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANI\IING DIRECTOR: CITY ATTORNEY See altached Findings 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 I RRIGA TION: IDAHO POWER: US WEST: ~ f) jfrrV cqt!!} INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings sholl become property of the City of Meridian. . ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 02f27f04 09:69 AM DEPUTY Bonnie OberbiJJig RECORDED-REQUEST OF Meridian City AMOUNT .00 11 1111111111I1111111111111111111111I111 104022'7156 BEFORE THE MERlDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ) VACATION OF A PORTION OF PENNWOOD ) STREET RIGHT-OF-WAY AND 3RD AVENUE,) FOR TROUTNER BUSINESS PARK ) DEVELOPMENT CORPORATION ) ) ) ) ) ) ) ) TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION, APPLICANT. CIC 0]/20104 CASE NO. V AC-03-007 FINDINGS OF FACT AND CONCLUSIONS OF LA "V AND ORDER OF VACATION This matter coming all regularly before the City Council at its tegular meeting held on January 20,2004, at the hOllt of7:00 p.m., and Brad Hawkins-Clark Planner [Illor the Planning and Zoning Department, and Ryan Adelman, appeared and testified at the hearing, and the Council having received the record from the Planning and Zoning Commission and its recommendations to the City Council, and no objection having been received makes the follo\ving Findings of Fact and Decision and Order. ST ATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW Findings of Fact and Conclusions of Law and Order of Vacation for Troutner Busll1ess Park - V AC -03-007 PAGE l OF 11 ~. Easements shall be vacated in the same manner q.s streets. n.c. ~ 50- 13251 ' 2. The vacation of easements were accepted as part of a platted subdivision sbal[ be vacated pursuant to the provision of Chapter 13, Title 50 Idaho Code p.c. ~ 40- 203 (6)}. 3. Any person, finn, association, corporation or other legally recognized f01111 of business desiring to vacate a part of a plat which is inside the boundaries 0 f any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized f01111 of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the reg uests to vacate; contain a legal description of the platted area or propel1y to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by cet1i tied mail with return recei pt, at least ten (10) days prior to the date 0 f pub I ic hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition."Such notice of public hearing shall also be published once a "\ieek for two (2) successive weeks in the official newspaper of the city, the last of "vhich shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no intennent, or in the case of a cemetery being within three hundred feet (300') of another plat for which a vacation is sOllght, publication of the notice of hearing shall be the only required notice as to the propel1y owners in the cemetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the pub lic interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and sLope purposes, pub lie notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended pLat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {LC. ~ 50-1306A (1), (2), (3) and (5)} 4. Pursuant to Meridian City Code Ss 12-10-1 A and Band 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: 1. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Findings of Fact and Conclusions of Law and Order of Vacation for Troutner Business Park - V AC-03-007 PAGE 2 OF 11 f\dministrator. These provisions shall not apply to the \videning of any street which is shown on this Comprehensive Development Plan, Of the dedication of streets, fights of way or easements to be shown on a recorded subdivision. ! Administrator Action: Upon receipt of the completed application, the Administrator shall afflx the date of application acceptance thereon. The Adrninistrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the COllnci I for ei ther an approval, conditional approval, or denial. 2. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever publlc rights-of-way or lands are vacated, the COLlncil shat! provide adjucent property owners with a quit-claim deed for the vacated rights of way in such proportions as are prescribed by law. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify tbe application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. FINDINGS OF FACT 1. Troutner Business Park Development Corporation (Mary Ballantyne-President) filed a petition for the vacation of six parcels of right-of-way located approximately 200 feet south of Franklin Road and approximately 500 feet west of Meridian Road, and all of the platted right-of-way known as Southwest 31d Avenue for Troutner Business Park, Meridian, Idaho, and which all of the parcels were platted with Troutner Business Park Subdivision No.1 in 1997, and lie within Township 3 North, Range 1 West, Section 13 of the Boise Meridian, Ada Fmdings of Fact and Conclusions of Law and Order of Vacation for Troutner Business Park - V AC-03-007 PAGE 3 OF 11 (... County, Idaho. Four parcels proposed"for vacation lie along th~ north and south boundaries of the Pellllwood Street right-of-way. The Pennwood Street parcels are all 3 feet wide, and approximately 420 feet long (east of3nJ Avenue) and 290 feet long (west of3rd Avenue). The other two parcels proposed for vacation are all of the platted right-of-way known as Southwest 3rd Avenue. Third Avenue was platted 60 feet wide, and approximately 980 feet long. Together, the parcels total approximately 61,610 square feet or 1.42 acres, more or less. The applicant is reg uesting the vacation of six feet (tlu'ee feet on each side) of PenI1wood Street because ACHD required right-of-way for a commercial street has changed fro111 60 feet to 54 feet and the 6 feet will be incorporated into a new preliminary plat (Troutner Business Park Subdivision No.2, PP-03-034). In addition to the Pemnvood Street right-of-way, the applicant is requesting vacation approval for all of the platted right-o f-way for 3rd A venue. The applicant claims that extending 3 Itl A venue to the south as a stub street will interfere wi th the adj acent property owner because COlvorate Drive is also platted for extension adjacent to that site. The portion of3nl Avenue, north of Penn wood Street, is proposed for vacation because the two bulldable lots that were platted on either side of 3rJ Avenue are proposed to be one buildable lot for an R.V. Parle The applicant is concurrently proposing t6fe-plat the subject right-of-way for Pennwood Street and 3rd Avenue within the proposed Troutner Business Park Subdivision No.2 (PP-03-034). The legal description of the vacation of Troutner Park Subdi vision, is the sLlbject of this petition, is: Legal Description Troutner Park Subdivision No.2 Right-or-Way Vacation for ]nl Street and a portion of W. Pennwood Street December 16, 2003 Three parcels ofland all in the NOliheast ~ of Section 13, Township 3 NOlih, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: All of 3 rd Street Right-of - Way on the north side of W. Penn wood Street as shown on the Troutner Park Subdivision recorded as Instrument No. 97099] II in the Ada County Records. AND The nOliherly 3.00 feet of the easterly 794.81 feet ofW. Pennwood Street Right-of-Way as shown on the Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada County Records. Findings of Fact and Conclusions of Law and Order of Vacation for Troutner Business Park - V AC-03-007 PAGE 4 OF 11 AND The southerly 3.00 feet of the easterly 790.68 feet ofW. Pennwood Street Right-of-Way as shown on the Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada County Records. The area contained on the four parcels described above is ! .25 acres more or less. 2. The particular circumstances of the requested vacation is: The vacation of six parcels ofright-of-way located approximately 200 feet south of Franklin Road and approximately 500 feet west of Meridian Road, and all of the platted right-of-way known as Southwest ]rd Avenue for Troutner Business Park, Meridian, Idaho, and which all of the parcels were platted with Troutner Business Park Subdivision No.1 in 1997, and lie within Township] North, Range 1 West, Section 13 of the Boise Meridian, Ada County, Idaho, the applicant desires to have vacated. Four parcels proposed for vacation lie along the north and south boundaries of the PeIlilwood Street right-of-way. The Pennwood Street parcels are all 3 feet wide, and approximately 420 feet long (east of 3rd Avenue) and 290 feet long (west of3rd Avenue). The other two parcels proposed for vacation are all of the platted right-of-way IGlown as Southwest 3rd Avenue. Third Avenue was platted 60 feet wide, and approximately 980 feet long. Together, the parcels total approximately 61,610 squm-e feet or 1.42 acres, more or less. The appl i cant is req uesti ng the vaca tion of si x feet (three feet 011 each side) of Pennwood Street because ACHD required right-of-yvay for a commercial street has changed from 60 feet to 54 feet and the 6 feet will be incorporated into (I new preliminary plat (Troutner Business Park Subdivision No.2, PP-03-034). In addition to the PelU1wood Street right-of-way, the applicant is requesting vacation approval for all of the platted right-of-way for 3rd Avenue. The applicant claims that extending 3rd Avenue to the south as a stub street will interfere with the adjacent propeIiy owner because Corporate Drive is also platted for extension adjacent to that site. The portion of3rJ Avenue, north of Penn wood Street, is proposed for vacation because the two buildable lots that were platted on either side of3rJ Avenue are proposed to be one buildable lot for an R.Y. Parle The applicant is concurrently proposing to re-plat the subject right-of-way for Pennwood Street and 3rd Avenue within the proposed Troutner Business Park: Subdivision No.2 (PP-03-034).. 3. The applicant shall obtain approval of the requested vacation from the Ada County Highway District and any other applicable public utility, agency, or authority. Findings of Fact and Conclusions of Law and Order of Vacation for Troutner Business Park" V AC-03 -007 PAGE 5 OF 11 I 4. · Written notice of the public hearing of this petition \\1as given by certified mail with retum receipt at least ten (10) days prior to the date of the public hearing to all property owners within tlu"ee hundred feet (300') of the boundaries of the area described in the petition, and such notice was also published once a week for two (2) successive weeks in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 5. All publication costs have been paid by the petitioner. 6. The subject properties are located approximately 200 feet south of Franklin Road and approximately 500 feet west of Meridian Road, within Section 1 3, Township 3 North, Range 1 West. 7. The owner of record of the right-of-way is the Ada County Highway District. 8. The Applicant, Troutner Business Park Development Corporation, Mal"y Ba] lantyne, President, the abutti ng property owner, has subll1 i tted the req uest for the proposed vacations. 9. The Recommendations and/or conditions pertaining to the vacation that the applicant shall be required to foHow, are as follows to-wit: A. Adopt the Recommendations ofthe Planning and Zoning Commission as follows: l. Delete special consideration #3 on page 2 of the submitted staff report. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: [. Process: The Subdivision and Development Ordinance (Title 12), Chapter 10, requires the Planning & Zoning COlllmission to review and make a recommendation on Vacation applications. A public hearing is then required be fore the Ci ty COllnci I. State statute requires an easement vacation be filed when an irrigation easement is involved. 2. Utilities: The Applicant should provide verification and testimony at the public hearing whether or not the right-of-way contains any utilities. It is not anticipated that any utilities are located within the right-of-way because it IS unopened and has never been developed for public access. FIndings of Fact and Conclusions of Law and Order of Vacation for Troutner Business Park - V AC-03-007 PAGE 6 OF Il 3. Prior to issuance of a building permit, or signatme of a Final Plat on the subject properties, the Applicant shall submit evidence that the right-of-way requested for vacation, and any public utilities, has been approved by all required agencies and authorities. C. Adopt the Recommendations andlor action oft he City C ounci! taken at their January 20, 2004 meeting as follows: For clarification: 1. The reduced width ofPel1l1wood Street is approved. Vacation of Third Street north ofPemnvood is approved. Vacation of Third Street south ofPemlwood is /lot approved, but applicant may move this stub street if approved by Ada County Highway District. DECISION AND ORDER OF V ACATJON NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURlSDICTION, the City Council does hereby ORDER and this does ORDER that: 1. The fa 110 wing is the legal description of the vacation of Troutner Park Subdivision, and hereby consents to the vacation: Le2:al Description Troutner Park Subdivision No.2 Right-of- Way Vacation for 31'd Street and a portion of "V. Pennwood Street December 16,2003 Three parcels of land all in the Northeast V4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more partiClllarly described as follows: All of3 rd Street Right-of - Way on the north side ofW. Pennwood Street as shown on the TroLltner Park. Subdivision recorded as Instrument No, 97099111 in the Ada COLlllty Records. Findings of Fact and Conclusions of Lmv and Order of Vacation for Troutner Business Park - V AC-OJ -007 PAGE 7 OF 11 AND The nOl1herly 3.00 feet of the easterly 794.81 feet ofW. Pennwood Street Right-of-Way as shown on the Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada County Records. AND The southerly 3.00 feet oftlle easterly 790.68 feet ofW. Pennwood Street Right-of-Way as shown on the Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada ('oum:; Records The area contained on the four parcels described above is 1.25 acres more or less. 2. The petition for vacation of three feet of ACHD right-of-way on each side of Pennwood Street for Troutner Business Park Subdivision No.2, is hereby granted as long as the following recommendations and/or conditions are follows: The Recommendations and/or conditions pertaining to the vacation that the applicant shall be required to follow, are as follows to-wit: A. Adopt the Recommendations ofthe Planning and Zoning Commission as follows: 1. Delete special consideration #3 on page 2 of the submitted staff report. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. Process: The Subdivision and Development Ordinance (Title 12), Chapter 10, requires the Planning & Zoning Commission to review and make a recommendation on Vacation applications. A public hearlng is then required before the City CouncIl. State statute requires an easement vacation be tiled when an ilTigation easement is involved. 2. Utilities: The Applicant should provide verification and testimony at the public hearing whether or not the right-of-way contains any utilities. It is not anticipated that any utilities are located within the right-of-way because it is unopened and has never been developed for public access. Findings of Fact and Conclusions of Law and Order of Vacation for Troutner Business Park - V AC-03-007 PAGE 8 OF 11 :3. Prior to issuance of a bui lding permit, or signature of a Finaf Plat on the subject properties, the Applicant shall submit evidence that the right-oC-way requested for vacation, and any public utilities, has been approved by all required agencies and authorities. C. Adopt the Recommendations and/or action oft he City C ounci I taken a l their January 20,2004 meeting as follows: For clarification: .., .J. 1. The reduced width of Penn wood Street is approved. Vacation of Third Street north ofPel1l1wood is approved. Vacation of Third Street south of Penn wood is not approved, but applicant may move this stub street if approved by Ada County Highway District. The City Clerk shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attomey's office. /1 '"T. The City Clerk shall cause a certified copy of this order to be recorded with the Add County Recorders office. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKlNGS 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 ll.lUst be fi led 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 oftlle goveming 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- Findings of Fact and Conclusions of Law and Order of Vacation for Troutner Business Park - V AC-03-007 PAGE 9 OF 11 eight (28) days after the date of this decision and order, seek ajudi~ial review as provided by Chapter 52, Title 67, Idaho Code. Yf'Lction of the City Council at its regular meeting held on the / O~ay of "J&(;)TfktiA, , 2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ VOTED ffedL COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED~ COUNCILMAN KEITH BIRD MA YOR TAMMY de WEERD (TIE BREAl<.ER) DATED: 2 -(0 -0-1- VOTED Attest: ByeJI~~~ ~ City Clerk ~ ~ - SEAL Y:. &:: William G. Berg, .fr., eit Clerk '':;' '1.'..\ G'l..Br -;~'\' ~ ,0 .p ~~, ~~~ ._~~~ ..~:-- ...:/..... I ~.:.r.~_ ~ ..;~){ --.-'1.:;''':- \,,\\lunUUIJ Copy served upon Applicant, the Plannini'm1crZ6r;'illg~'L.\e:~artment, Public Works De~11l11reifft fli}Ep;.;::'I/// . ~; 1 ,;.'. ,.:::- .."\ ,~...."--.-..-...-,,, ,......;'l n .1'....'" and CIty Attomey. .$ <:J ;..~l?O"~ ;--"" .:-;-~" .~ .::: ~v- 4V\~(,~~\;.' ~ 2"~;" '<) "\ ~ /) - / ~ _ /) ::;,1:::::_ ~7.F .1~ ;r ~_- "v v'" v -;r ~~l:t~~ DATED: ~ - ~ ~ A."f:':J ~~ ~? -;:. ~<) 0.;, r r"l' . .,.J .;;: -;,:, :4 0' ~~:) .:~.. ~,I" IJ ()~~ ~t;) .f ~ ':-'-- . .I~ V" il't It~.,,-,.,,{ ". \.-..., i"!/I..'/}. <""-iJ1d t 0,.\.4\..... . -'~d !:H\\~' Findings of Fact and Conclusions of Law and Order of Vacation for Troutner Business Park - V AC-03-007 PAGE 100F 11 STA TE OF fDAl-IO~ : ss. County of Ada. On this j;/I....- day of il!'.b~_ , 2004, before me. the undersi!:,'lled. a Notary Public in and for saId State, personally appear d TAlvIMY 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 WITNE~~:Ml~OF, I have hereunto set my hand and affixed my official seal the day and ....' Itq,f year tJrst above ~\tt(l;B I S..L, ".... "'...... ~ 0....""""'.. <>:t./".;, ~., .~ .... ~ eO' 0<<-.. ...... ~ . :: -"0 00"..;" ~ i I ~OTAJt.r i ~ (SEAL) '" '* : 0 _I- '" : :. ~ClCi3P : :K : \ ;, .POBL\C J i ~ fP. .0 /" ~ .. :;. o. eO.6..V 'It ....'" ~ 0000"&11 .Y~" "#.#4'4' l'.e 0 F \"P ~'!l'!l'!l'" ~'q"""""UDDllto~ L:\\Ynrk\M\j'ykndl~n\rvkndlUn 15J60M\TrouLner Business P~rk Sub No.2 V AC -03- 00 7\Ft"C IOruV ucO IJ FeetorA(" /-I DRightorW_uyon Pen nwood .doc Findings of Fact and Conclusions of Law and Order ofYacation for Troutner Business Park - Y AC-03-007 PAGE 11 OF 11 rhteroffice MEMORANDUM - To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Troutner Business Park Subdivision NO.2 / V AC-03-007 Date: January 27, 2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF V ACA TION, to vacate three feet of ACHD right- of-way on each side of Pentlwood Street for Troutner Business Park Subdivision No.2, located west of South Meridian Road and south of East Franklin Road, Meridian, Idaho. These Findings will need to be placed upon an upcoming Council agenda for their approval. If Council approves the Findings, then please send confoTI11ed copies to the Ada County Highway District, the Applicant, Planning and Zoning, Public Works, City Attomey, and any affected persons who placed a request. If you have any questions please advise. Z:\Work\M\Meridiull\Meridiun 15360M\Troutner Business Park Sub No.2 V AC-03-007\Clerk V AC Ltr Ol 27 04.doc reo. J. LVUq. II: j'jAIVI NO. 4086 P. 2/2 February 3, 2004 Hon. TaID...my DeWeerd Mayor City of Meridian 33 E. Idaho Avenue MeridiaD; ID 83642 Re: Troutner Park Road Vacation Dear Mayor DeWeerd: I am tvnting you this letter in the hopes that you and the members of the Meridian City Council can correct what I believe to be a significant error. On January 20, 2004, the Council held a public hearing on the vacation ofa portion of Penn wood Drive and all of SW 3Cd in Phase II of Troutner Park Subdivision. The vote on the vacation issue was a tie and you voted to break the tie and require Troutner Business Park to build SW 3rd Avenue to the south. In the vote on the Preliminary Plat of the Troutner replattmg, the council voted to, ".. .approve preliminary plat 03-034, the request for preliminary plat approval for the replat of Troutner Park Subdivision.... to include staff comments} with the conditions that applicant may comply with the preliminary plat as submitted if ACHD concurs with the applicant and vacates the stub street to the south of Perm wood to connect to the southern boundary property or if ACHD... COncU1S with this Councirs decision for a stub street to the south, that stub street to the south of Penn wood can be located an}Where along Pennwood connecting to the southern boundary, pursuant to whatever ACHD staff conditions are available...~' The council vote for this motion was unanimous in support. It 15 clear to me that the Council's intent with the second motion was to leave the decision ofllie extension ofSW 3rt! to the south to ACHD. Unfortunately, the two votes caused some confusion. I therefore request that the Council direct City staff to communicate to ACHD that the Council is not requiring the extension ofSW 3rd to the south. CC: Ryan Adelman, Keller & Asspciates Arma PowelL City of Meridian Craig Hood, City of Meridian FEB 03 '04 10:57 r CD. J. LUV'/- r r: J';II-IIVI NO. 4086 P. 1/2 t . TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION FACSIMILE TRANSMITTAL SHEET TO: MAYOR DEWEERD fAX NUMBER: 208-888-4218 COMPANY: FROM: MICHAEL BALLANTYNE DATE: FEBRUARY 3,2004 TOTAL NO. OF PAGES INCLUDING COVER: 2 SENDER'S DIRECT PHONE NUMBER: 208.947-0831 SENDER'S FAX NUMBER: 208-947 -0866 PHONE NUMBER: RE: TROUTNER PARK ROJ\D VACATION o URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE. REPLY 0 CONFIDENTIAL tlOTl:!S/COMMENTS, f'-' ~~ .~'i D :,< " t:ik~ g}'2~t-T)lA~~~ FEB 03 '04 10:57 Cr'l~r::' 1"':1... Januor; 31, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Mary Ballantyne 10 February ~, 2004 V AC 03-007 ITEM NO_ REQUEST Tabled Findings from 2-3-04-- Request for a Vacation of three feet of ACHD right of way on each side of Pennwood Street for Troutner Business Park Subdivision no_ 2 -- west of South Meridian Rood and south of West Franklin Road AGEf\ICY 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: See attached Findings ~ f)!otV [l(V NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meelings shall become property of the City of Meridian. r CD. ). LVU't II: ))'f\lVl NO. 4086 p, 1/2 . , TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION FACSIMILE TRANSMITTAL SHEET 1"0: MAYOR DEW"EERD fAX NUMBER: 208-888-4218 COMPANY: FROM: MICHAEL BALLANTINE DATE: FEBRUARY 3,2004 TOTAL NO. OF PAGES INCLUDING COVER: 2 SENDER'S DIRECT PHONE NUMBER: 208-947-0831 SENDER'S FAX NUMBER: 208-947-0866 PHONE NUMBER: RE: TROUTNER PARK ROAD V ACA TION o URGENT El FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 CONFIDENTIAL ~OTJ2S/COMMBNTS: o 0'-, IJ :~~ eiLV Of lVleridian ("i:{V ;--'1."",1. OfP;"D, ~ll"'Ii' ~{.'<;J. :1.1.. t h.......... FEB 03 '04 10:57 pcr-a:; Q 1 January 31,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Mary Ballantyne VA.C 03-007 February 3.2004 ITEM NO. REQUEST Findings - Request for a Vacation of three feet of ACHD right of way on each side of Pennwood Street for Troutner Business Park Subdivision no. 2 - west of South Meridian Road and south of West Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings {o {vi~ /o~ '1/l 0 l Contacted: Emailed: Phone: ~S -rS- - /10 G f,j.~ Materials presented at publlc meetings shall become property of the City of Meridian. ( Meridian City Council February 10.2004 Page 4 of 30 C. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-034 Request for Preliminary Plat approval for a re-plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of 6 commercial building lots and 1 common lot on 17.26 acres in a C-G zone for Troutner Business Park No.2 by Mary Ballantyne - south of West Franklin Road and west of South Meridian Road: D. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-029 Request for Preliminary Plat approval of 6 building lots on 2.064 acres in a L-O zone for proposed Cherry lane Office Park Subdivision by Pinnacle Engineers - 2150 West Cherry Lane: E. Tabled from February 3, 2004: Findings of Fact and Conclusions of law for Approval: CUP 03-048 Request for a Coneitional Use Permit for a Planned Development for nursing home care for up to 40 patients and office use with reduced setbacks and landscaping requirements in an L-O zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers, Inc. - 2150 West Cherry Lane: H. Findings of Fact and Conclusions of Law for Denial: RZ 03-009 Request for a Rezone of 6.39 acres from C-N to R-8 zones for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: I. Findings of Fact and Conclusions of Law for Denial: PP 03-019 Request for Preliminary Plat approval of 40 building lots and 7 other lots on 5.93 acres in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: J. Findings of Fact and Conclusions of law for Denial: CUP 03-034 Request for a Conditional Use Permit for a Planned Development for a 41-lot subdivision to include a reduction in minimum size lots, size of homes, minimum square footage on main floor of multi-level homes, and setbacks in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: K. Findings of Fact and Conclusions of law for Denial: RZ 03- 011 Request for a rezone of 9.34 acres from I-L to R-15 zones for proposed Mayfair Commons Subdivision by Wildwood Development, LLC - 1125 East Pine Street: Meridian City Council February 10, 2004 Page 5 of 30 l. Findings of Fact and Conclusions of Law for Denial: PP 03- 031 Request for Preliminary Plat approval of 38 building lots and 17 other lots on 12.74 acres in a proposed R-15 zone for proposed Mayfair Commons Subdivision by Wildwood Development, LLC - 1125 East Pine Street: M. Findings of Fact and Conclusions of law for Denial: CUP 03- 057 Request for a Conditional Use Permit for multi-family residential subdivision requesting reduced setbacks, parking standards, and dimensional requirements in a proposed R-15 zone for proposed Mayfair Commons Subdivision by Wildwood Development, LLC - 1125 East Pine Street: N. Addendum to Development Agreement for Park Impact Fee Reimbursement for Farwest, lLC Lochsa Falls Subdivision: o. Resolution No. Adventure Island Plavaround: Agreement with De Weerd: Item 6 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda staff has asked that we take Items F and G and move them to the regular agenda and make that 8-F and 8-G and with the rest of the items that we pass and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda as stated. Any further discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. I was just going to say we probably need to include what the resolution number is for Item O. Bird: Yes. De Weerd: Our resolution number 04-420. Bird: I would include that in my motion, then. February 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Pinnacle Engineers CUP 03-048 February 10, 2004 ITEM NO. ~ REQUEST Tabled Findings from 2/3/04 -- Request for a Conditiona! Use Permit for a PO for nursing home care for up to 40 patients & office use w /reduced setbacks & landscaping requirements in L-O zone for proposed Cherry Lane Office Park Subdivision -- 2150 West Cherry Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNIi'IG DIRECTOR: CITY ATTORNEY See attached Findings 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: yJ-/ tv(r IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. January 31 , 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Pinnacle Engineers CU P 03-048 February 3,2004 ITEM NO. REQUEST Findings - Request for a Conditional Use Permit for a Planned Development for nursing home care for up to 40 patients and office use with reduced setbacks and landscaping requirements in an L-O zone for proposed Cherry Lane Office Park Subdivision - 2150 West Cherry Lc AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings ~~ tV lO/O '};/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. FEB 0 3 2004 lnteroffi ce MEMORANDUM - City OfMeridiml City Clerk Office To: William G. Berg, Jr. From: William F. Nichols Subject: BY: PINNACLE ENGINEERS, INC. FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR A NURSING HOME FOR CHERRY LANE OFFICE PARK SUBDIVISION IN AN L-O ZONE File No.: CUP-03-048 Date: January 30,2004 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda lor Council discussion and decision. I r you should have any questions please give me a call. Z:\Work\M\Mcridial1\Mcridjal1 I 5360M\Chcny Lal1e Onice Park Sub PI'-03-029 CUI'-OJ-O-lS\ClkLtrCUl'n<.:ls&()nkr.dll<: BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERlVIIT APPROVAL FOR A NURSING HOME FACLITY AND 5 OTHER OFFICE PAD SITES ON 2.07 ACRES IN AN L-O ZONE, LOCATED ON THE NORTH SIDE OF CHERRY LANE, APPROXIMATELY 1,300 FEET WEST OF LINDER ROAD, WITHIN SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO PINNACLE ENGINEERS, INC., APPLl CANT CIC 01-20-04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-048 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERM IT The above entitled conditional use permit application having come bcfclrc the City COLll1elJ on January 20,2004, at the hour of 7:00 p.m., at Meridian City Flail, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Assistant City Planner for the Planning and Zoning Department, and David McKinnon, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings ofFaet, Conclusions of Law and FINDINGS OF FACT AND CONCLUSIONS OF LA \V AND DI~CISION AND ORDER GRANTING CONDITIONAL USE PERjVIIT PAGE I OF 26 Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecuti ve weeks prior to the said pu blic hearing schedu led for J an Llary 20, 2004, before, the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 20, 2004, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planningjurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~6 7 -6509, 6512, and Meridian City Code 9 S 11-15-5 and 11-17-5 as evidenced by the Afridavit of Mailing, and the Affidavit of Pub lie at ion and Proof of Posting filed with the staff report. 3. This proposed development request is in an L-Q zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the north side of Cherry Lane, approximately [,300 feet FINDINGS OF FACT AND CONCLUSIONS OF LA \'" AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 26 west of Linder Road, within Section 2, Township 3 North, Range 1 West, Meridian, Idaho. 5. The owner of record of the subject property is the Cherry Lane Baptist Church or lVl eridi an, Idaho, Inc. 6. Applicant is Pinnacle Engineers, Inc. 7. The subject property is currently zoned L-O. The zoning district of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a Conditional Use Permit approval for a Planned Development to operate a nursing home facility for 40 patients and 5 office pad sites in an L-O zone, including reduced setbacks, reduced landscape buffers, and reduced landscaping along Cherry Lane. The L-O zoning desigl18tion within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for nursing homes (lVlCC 1 1-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City ordinance. II. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan ofthe City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City oflVleridian planningjuriscliction public facilitics and FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PER1VIlT PAGE 3 OF 26 services required by the proposed development will not impose expense upon the publ ic if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: ;\. Adopt the Recommendations 0 f the Planning and Zoning Commission as follows: 1, Amend Site S peci fic Cond i tion #2 on page 12 0 f the sta ff report transm i tted 011 November 13,2003, by deleting "pedestrian access and" in the first sentence. 2. Amend the second sentence of Site Specific Condition #2 of the staff report to delete the first "Cherry Lane" and replace it with "main", 3. Amend the third sentence of Site Specific Condition #2 on page 2 of the staff report by deleting "access" and replacing it with "connectivity". 4. Amend the beginning of the second sentence of Site Specific Condition #3 on page 13 by adding: "Except for the existing rock in the existing drainage swale,". 5. Amend the first sentence of Site Specific Condition #5 on page 13 to read: "Move the three proposed parking stalls that are located on the east side of the east driveway's entrance to be next to the other parking spaces for the same building." 6, Delete the second sentence of Site Specific Condition #5 on page 13. 7. Amend the third sentence of Site Specific Condition #5 on page 13 by changing "six" to "three" and deleti ng "and dri ve ais Ie area", B. Adopt the Recommendations of the Planning and Zoni ng and E ngi neeri ng sta ff (lS mod i fled by the Commission as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE/PD) I. The Applicant shall meet all of the requirements ofthe Preliminary Plat as a condition oCthc Conditional Use Permit. 2. Building setbacks for Lots 2 and 5, Block l, may be reduced to 15 feet (rneasured from the face of the building to the property line) ifpedcstrian access ana architectural design features (windows, dormers, etc.) are placed on the south elevations. Connect the Cherry Lane main FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 26 entrance of the buildings with the existing sidewalk on Cherry Lane with a north-south ori ented pedestrian pathway. If pedestrian access con n ectivity and archi tectural desi gn features are not included on the buildings abutting Cherry Lane, a 2S-foot wide landscape buffer and building setback shall be required. All landscaping along Cherry Lane shall be in accordance with MCC 12-13-10. 3. Except abutting the existing structure on Lot I, Block I, provide a 20-foot wide landscape buffer along the north and east property lines, as proposed. Except 1'01- the existing drain rock in the drainage swale, buffer materials shall be installed in accordance with MCC 12- 13-12, including a mixture of evergreen and deciduous trees, shm bs, and other ground cover to buffer the adjacent homes from the proposed development. The existing 1 O-foot wide setback and buffer adjacent to the existing structure, is approved with an alteration ofMCC, and is approved due to the location of the existing structure on the proposed Lot 1, Block I. 4. Re-stripe and sign the parking stalls south of the existing structure on Lot I, Block I, for compact cars (IS-feet long by 9 -feet wide). Provide aback-up/turnaround a rea for the western most compact parking stall in the parking area. Said back-up/turnaround area shall be paved a minimu01 five feet in width. Other than the existing drive aisle and parking west ofthe western driveway, the drive aisles and parking areas (including landscaping) within the development shall be constructed in accordance with MCC 11-13 and MCC 12-13. ). Remove Move the sffi three proposed parking stalls thal are located HeBi"-+h€..-ea&lECFFI on the east side of" the east driveway's entrance to be next to the other parking spaces for the same building. Reduce lhc eastern dri\'c'.\'ay from the--4-1--JBB+--\\-'*it-l+--I'H-'Bj7ese4: Said impervious areas (s* three parking stalls and dri'.'c aisle area) shall be incorporaled into the COn11.nOn plaza area and into additional landscaping adjacent to the proposed building on Lot 3, Block 1. Provide a note on the plat, or another means to make sure that maintenance of lhe common areas (parking, drive-aisles, landscape areas, etc.) throughout the development is accounted for. 6, The Applicant shall submit 15 copies of a revised Site and Landscape Plan to lhe City Clerk's office at least 10 days prior to the next public hearing for this applicalion. Said revised Site and Landscape Plan shaH include all of the modifications required in the Site Speci fic Conditions above. ST ANDARD CONDITIONS (CONDITIONAL USE/PO) 1, Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requiremcnls. Paving and striping shall be in accordance wilh the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Acl (ADA) req u i remen ts. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVIIT PAGE 5 OF 26 2. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 3. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential are8S and in accordance with City Ordinance. 4. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be perm i ttcd. C. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval I. Utilize driveway # I located on Cherry Lane, L 26-feet east of the west property line. This location meets District policy and shall be approved with this application. 2. The applicant shall do one of the following: Utilize driveway # 2 in its current location on Cherry Lane. Driveway # 2 is currently located 210- feet east 0 f driveway #1 (measured near edge to near edge) and approximately 131-feet west of the near edge ofYineyards Avenue. OR Relocate driveway # 2, approximately ISO-feet east of driveway # I (measured Ileal' edge to near edge) and 190-feet west ofYincyard Avenue. Pave the driveway its full width and at least 30-feet into the site beyond the edge ofpavcl1lcnt of the roadway with 15-foot curb radii abutting the existing roadway edge. 3. Should the applicant relocate driveway # 2, the applicant shall be required to replace the unused driveway on Cherry Lane with standard curb, gutter and concrete sidewalk to maLch existing improvements abutting the site. 4. Other than the access point(s) specifically approved with this application, direct lot orparcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 5. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE I)ERMIT PAGE 6 OF 26 Standm'd Conditions of Approval 1. Any existing ilTigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated wlth impmving street fmntages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged duri ng the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the Dlstrict. 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 specificnlly waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall subm it revised plans for staff approval, prior to issuance of bui ldi ng permit (or other required permits), which incorporates any required design changes. 7. Construction, use and pmperty development shall be in conformance with all appllcablc requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable roadlmpact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responslbility 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 app I i cant shall be req ulred to ca II DIGUNE (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 cOllstruction. 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 <1n authorized representative oftbe Ada Coullty Highvvay District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERi\lIT PAGE 7 OF 26 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 al1 rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Settlers Irrigation Distl-ict as follo\vs: 1. All irrigation/drainage facilities along with their easements must be protected cllld continue to function. The Settlers Canal courses along the east and south boundaries of the property in RCP pipe. 2. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 3. SID does not allow any trees or permanent structures within its easement. 4. SID does not allow any storm drainage into its system. E. Adopt the Recommendations of the Meridian Fire Department as follows: I. That afire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All interned & external roads shall have a turning radi us of 28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hyclnmt within 10'. 7 . Vertical clearance for driveways shall be 13 '6", this may affect tree placement in landscaping areas. 8. The driveway shall have a clear driving surface which [s20' wide available at all times. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 26 9. Buildings on the South end of the proposed projects shall have their address posted on the street side of the bu i ldi ng. 10. It is requested that the buildings on the North side of the project have their addresses posted on a monument sign at each entrance on Cherry Lane and on the buildings in 6" numbers. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & centra] water after \vritten approval from appropriate entities is submitted. 7 The Applicant's central sewage and centra] water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stormwatcr shallb~ pre-treated through a grassy swalc prior to discharge to the subsurface to prevent impact to groundwater and surface w8ter quality. The engineers and architects involved with the design of the subject project sh81] obtain current best management practices for stonmvater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the CommentslRecommendations of Meridian City Water Department as follows: 1. This property is currently supplied by a 1 inch service with a 1 inch meter setter necked down to a ~ inch meter. If more gallons per minute is required a 1 inch meter could be installed without excavation. H. Adopt the Recommendations of Sanitary Service as follows: I. Detailed enclosure plans need to be submitted. I. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. AI] municipal surface drainage must be retained on site. Jfany surface drainage leaves the site, a Land Use Change Application Illust be filed. 2. All laterals and waste ways must be protected. 3. The developer mllst comply with Id8ho Code 31-3805, FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE IlERJ.VIIT PAGE 9 OF 26 J. Adopt the action of the City Council taken at their January 20,2004 meeting as follows: For clarification: I. The applicant submitted a Revised Cherry Lane Office Park Staff Report response letter dated December 11,2003, and which letter is on record with the Meridian City Clerk's office. J The applicant clarified at the January 20,2004 public hearing that the vehicle parking has been moved so tlwt it runs north-south, this is to allow additional I alldscap i ng across the fron t for more dcpth. The lanclscapi ng bel \veen the bui Idings and the back property is actually 15 feet. 3. The project is designated to have four buildings, but the Preliminary Plat shows six lots on the site. The reason for that is to provide some additiollallalldscaping where the sixth building would have been and provide additional parking stalls. In the future is this site develops, and it's a use that is very low in use, then if there is not ~ need for parking, it is anticipated that it would be the last site to be built (if there is no need for additional parking, then the site could be built on). 13. As stated in MCC 12-6-1, "The purpose orthe planned development process is to provide opportunity for land development that preserves and utilized natural topographic, geologic and scenic features; allows a more efficient pattern ofresiclential, commercial and i nel ustri a I llses; fosters i I1novati ve design concepts and promotes nex ibi Ii ty in si te desi gn; and provides for CO/lII/1011 opell space or olher al/lenities not found in traditionallot-by-lot development." Deviations from the development standards and/or area requircments orthe zone may be approved with a PD application. As part of the Planned Development (PD) the Applicant is seeking relief from the standard parking lot dimensions, front setbacks and landscape buffers as required by Meridian City Code. Due to the location of the existing church to the north and west property lines, and the location 0 f the existing parking lot south of the church building, the required landscape bulTers, setbacks, and parking lot dimensions on the western portion of the site are not proposed FINDINGS OF FACT AND CONCLUSIONS OF LA \V AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 26 in accordance with Meridian City Code. Further, the Applicant is requesting modi fications [0 the standard development requirements for the landscape buffer along Cherry Lane and new building setbacks east of the westem driveway. It is found that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance and/or by modifying the requirements through the Planned Development process. 14. The subject site is designated "Public/Quasi-Public" on the Comprehensive Plan Future Land Use Map. Chapter 7 of the Comprehensive Plan defines Public, Quasi-Public and Open Space as areas designated to preserve and protect ex i sting pri vate, municipal, state, and federal land for area residents and visitors. Theses areas include neighborhood, community, and urban parks. Goven1ment facllities, public and private schools, health care facilities, churches, utilities, park and recreational areas, and cemeteri es are also considered pub I ic/q uas i -pub I ie type uses. The Zoni ng Schedule of Use Control Table requires nursing homes in the L-O zone to obtain a Conditional Use Permit. The Applicant has applied for a Conditional Use Permit and requested modification of building setbacks, landscape buffers, and parking lot dimensions as part oUhe PD for the CUP. It is found that the existing church, proposed for conversion to a nursing home facility (health care), meets the definition of a quasi-public use and is in accordance with the Zoning Ordinance except where noted herein (i.e., requested reduction of standards as stated with the PO application). The other five lots within this development, proposed for office use, do not meet the strict definition 0['8 public or quasi-public use as defined in Chapter 7 of the Comprehensive Plan. However, the Comprehensive Plan Future Land Use Map designation appears to have bcen assigncd to this property because the church existed on the site when the designations were prepared. Future or further development of church sites into office type uses was most likely never. anticipated for this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORnER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 26 site or other churches that have the same L-Q zoning and comprehensive land lIse designation as the subject site. Because the five proposed office pad sites meet the general requirements outlined in the Zoning Ordinance for the L-Q zone, and because limiting the subject site to develop with only the uses listed in the Comprehensive Plan seems excessive, it is recommended approval oCthe proposed office use on this site. IS, It is found that the general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and \.vith the existing character oCthe area. It is acknowledged that the existing character of the are;) will, and is, currcntly changing, It is also found that redevelopment of this site will not adversely change the essential character of area. 16. It is not anticipated that the proposed uses wi [I adversely affect the other properties in the vicinity. 17. Water service is proposed for extension to the site from the existing line in Cherry Lane. Currently the existing church is provided sanitary sewer service via a gravity service linc th,lt ex i ts the rear of the bu i I ding and proceeds undergroLlnd bet ween the two adj acent homcs to the wcst. The Applicant is proposing to install a sewage lift station to pump the waste fromlhe new proposed structures to the same discharge point. If this site can not be served by gravity sewer, the lift station shall be private. The Applicant may enter into an operation and maintenance contract with the City Cor the facility. ACHD staff has approved this application with conditions for driveway [ocationlconstruction and their standard requirements. l8. The developer will be required to finance the extension of sewer, water, utilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 26 pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. It is found that there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 19. The proposed uses on the subject property would create additional traffic on nearby arterial roadways. On April 4, 2002, there were 14,352 vehicle trips on Cherry Lane, west of Linder. ACHD staffhas estimated that this development would generate 116 additional vehicle trips per day (98 existing) based all the Institute of Transportation Engineers Trip Generation Manual. Although the development of this site \vill create additional traffic 011 the surrounding roadways, it is not believed that the amount of vehicle trips generated by the proposed development would be detrimental to the overall welfare of the public, commuters, residences, or property in the area. The fact is also recognized that traffic and noise may increase with the development of this site. It is not anticipated that the development of this site will create excessive traffic, noise, smoke, fumes, glare, or odors. 20. ACHD staff has reviewed and approved two vehicular approaches to the site from Cherry Lane. Review of the ACHD report for this project wil1 provide for additional information regarding this finding. 21. There are no natural or scenic feature(s) of major importance in the area that may be affected by the proposed development. CONCLUSIONS OF LA \V 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (1.c. ~67-6503). FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 26 } The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment ofa Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council orthe City ofMeridiun has established by the passage orthe "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Coele. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use pemlits which" proposed use is otherwise prohibited by the terms of the ordinance but allowed \vith conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the j~nding that the following standards are met 8ndthat the proposed development: (Meridian City Coele S 11-17-3) a. That the site is large enough to accommodate the proposed lIse and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development p Ian wi II be harmon ious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible \.vitl1 other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed llse,ifit complies with all conditions of the approval imposed, will not adversely affect other- property in the vicinity; e. That the proposed use \vill be served adequately by essential public facilities and serv ices such as highways, streets, schools, parks, po I ice and fi re protecti 0 n, d rai nage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed FINDINGS OF FACT AND CONCLUSIONS OF LA \V AND DECISION AND ORDER GRANTING CONDITIONAL USE I>ERMIT PAGE 14 OF 26 conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general wel rare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use pet-mit in the L-O zone, a public hearing shall be conducted with notice to be published and provided to property ovvners or purchasers or record within three hundred feet (300') of the exten1al boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S [ 1- 17 -5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall rollow notice and hearing procedures provided in Chapter 15 of this Title. Provided, ho\vever, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recol1lmendation of the Commission." 6. Following the public hearing and within 45 clays after the conclusion of the public hearing the COll1mission shall, transmit its recommendations to the Ivlericlian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approv<.ll or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE IlER.MIT PAGE 15 OF 26 of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council npproves a conditional use permit it may impose conditions of that npproval that reasol1nbly: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designnte the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan oUhe City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: I. That the above named applicant is granted a conditional use permit for a Planned Development to operate a nursing home facility for 40 patients and 5 office pad sites in an L.Q FJNDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 26 zone, including reduced setbacks, reduced landscape buffers, and reducedlandsc8ping 810ng Cherry Lane, subject to the following conditions of LIse and development, subject to the following: A. Adopt the Recommendations ofthe Planning and Zoning Commission as follows: 1. Amend Site Specific Condition #2 on page 12 of the staff report transmitted on November 13,2003, by deleting "pedestrian access and" in thetirst sentence. 2. Amend the second sentence 0 f Site Spec i fie Condi ti on #2 0 f the st8ff report to de I ete the first "Cherry Lane" and replace it with "main". 3. Amend the third sentence of Site Specific Condition #2 on page 2 oCthe stalTreporl by deleting "access" and replacing it with "connectivity". 4. Amend the beginni]1g of the second sentence of Site Specific Condition #3 on page 13 by adding: "Except for the existing rock in the existing drainage swale,". 5. Amend the first sentence of Site Speei fie Condition #5 on p8ge 13 to read: "Move the three proposed parking stalls that are located on the east side of the east driveway's entrance to be next to the other parking spaces for the same building." 6. Delete the second sentence of Site Specific Condition #5 on page 13. 7. Amend the third sentence of Site Specific Condition #5 on page 13 by changing "six" to "three" and deleting "and drive aisle area". B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Commission as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE/PO) I. The Applicant shall meet all of the requirements oCthe Preliminary Plat as a condition of'thc Conditional Use Permit. 2. Building setbacks for Lots 2 and 5, Block 1, may be reduced to 15 feet (measured from the face of the building to the property line) ifpedestrian access and architectural design features (windows, dormers, etc.) are placed on the south elevations. Connect the CherT)' Lone main entrance of the buildings with the existing sidewalk on Cherry Lane with a north-south oriented pedestrian pathway. If pedestrian access connectivity and architectural design features are not included 011 the buildings abutting Cherry Lane, a 25-foot wiele landscape FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMlT PAGE 17 OF 26 buffer and building setback shall be required. All landscaping along Cherry Lane sh<lIl be in accordance with MCC 12-13-10. 3. Except abutting the existing structure on Lot I, Block I, provide a .20-fool wide landscape buffer along the north and cast property lines, as proposed. Except for the existing drain rock in the drainage swale, buffer materials shall be installed in accordance with MCC 1.2- 13-12, incl L1di ng a mixture of evergreen and deciduoLls trees, shrubs, and other ground cover to buffer the adjacent homes from the proposed development. The existing 10-foOl wiele setback and buffer adjacent to the existing structure, is approved \vith an alteration ofMCC. and is approved due to the location of the existing structure on the proposed Lot L, Block I. 4. Re-stripe and sign the parking stalls south of the existing structure on Lot 1, Block I, [or com pact cars (15 - feet long by 9 -feet w ide). Provide aback-up/turnaround a rea for the western most compact parking slall in the parking area. Sai d back-up/turnaround area sha II be paved a minimum five feet in width. Other than the existing drive aisle and parking west of the western driveway, the drive aisles and parking areas (including landscaping) within the development shall be constructed in accordance with MCC 11-13 and MCC 12-13. 5. ReRt&ve Move the ~ three proposed parking stalls that are located near the eastcrn all the east side of the east driveway's entrance to be next to the other parking spaces for the same building. Reduce the C~',stcrn Ef.RVc'.\'ay fr0+B.-8-1C 'Il foot width pffit)f}SBEh Said impervioLls areas (s-i* three parking stalls itHd dri':e ai-s-le-area) shall bc incorporated into lhe common plaza area and into additional landscaping adjacent to the proposed building on Lot 3, Block I. Provide a note on the plat, or another means to make sure that maintenance ot'the common areas (parking, drive-aisles, landscape areas, etc.) lhroughout the development is accounted for. 6. The Applicant shall submit 15 copies of a revised Site and Landscape Plan to the City Clerk's office at least 10 days prior to the next public hearing for this application. Said revised Site and Landscape Plan shall include all of the modifications required in the Sile Speci fic Condi tions above. ST ANDARD CONDITIONS (CONDITIONAL USE/PD) I. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Developmcnt Ordinance and in accordance \-vith Americans with Disabilities Act (ADA) req u iremcnts. / A drainage plan designed by a Stale ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement [or joinl FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 18 OF 26 drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 3. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 4. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be perm i tteel. C. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval l. Utilize driveway # I located on Cherry Lane, 126-feet east of the west property line. This location meets District policy and shall be approved with this application. 2. The applicant shall do one of the following: Utilize driveway # 2 in its current location on Cherry Lane. Driveway # 2 is currently located 21 O-feet east ofdriveway #1 (measured near edge to near edge) and approximately 13 I-feet west 0 f the near edge 0 f Vineyards A venue. OR Relocate driveway # 2, approximately I 50-feet east of driveway # 1 (measured near edge to near edge) and 190-feet west of Vineyard Avenue. Pave the driveway its full width and at least 30-feet into the site beyond the edge ofpavel11cnt of the roadway \vith ]5-foot curb radii abutting the existing roadway edge. 3. Should the applicant relocate driveway # 2, the applicant shall be required to replace the unused driveway on Cherry Lane with standard curb, gutter and concrete sidewalk to match existing improvements abutting the site. 4. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 5. Comply with all Standard Conditions of ApprovaL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 26 Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and aU _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 requircd permits), which incorporates any required design changes. 7. Construction, use and property deve topmenL shall be in conformance \vi L hall app I icablc requirements of the Ada County Highway District prior Lo District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordi nance # 197, also known as Ada County Hi ghway 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 represenLative and an authorized representative of the Ada Coullty Higl1\vay District. The burdcn shall be upon the applicant to obtain wriLten confirmation or any change frol11 the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVIIT PAGE 20 OF 26 ( 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, I'egulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Settlers Irrigation District as follows: I. All irrigation/drainage facilities along with their easements must be protected ancl cont i nue to function. The Settlers Canal COLI rses along the east and south boundaries 0 r the property in RCP pipe. 2. Any changes to the existing ilTigation system such as relocdtion, tiling, and landscaping must be approved by Settlers Irrigation District. 3. SID does not allow any trees or permanent structures within its easement. 4. SID does not allow any storm drainage into its system. E. Adopt the Recommendations of the Meridian Fire Depaltment as follows: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. ') Acceptance oCthe water supply for fire protection wil] be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All internal & external roads shall have a turning radius ofl8' inside and 48' olltside. 5. Operational J~re hydrants are required before combustible construction begins. 6. No vertical obstructions or mature landscaping which obstructs the outlets of the rire hydral1l within 10'. 7. Vetiical clearance for driveways shall be 13 '6", this may affect tree placement in landscaping areas. 8. The driveway shall have a clear driving surface which is20' wide availab]e at all times. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 26 9. Bu i I dings on the South end 0 r the proposed projects shal I have thei I' address posted on the street side of the building. 10. It is requested that the buildings on the North side of the project have their addresses posted on a monument sign at each entrance on Cherry Lane and on the buildings in 6" numbers. F. Adopt the Recommendations of the Centra] District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's centra] 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. Stonmvater shallb~ pre-treated through a grassy swale prior to discharge to the subsurf~lce to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stol'mwater disposal and design a stonmvater management system that prevents groundwater and surface water degradation. G. Adopt the Comments/Recommendations of Meridian City Water Department as follows: 1. This property is currently supplied by a 1 inch service with a I inch meter setter necked down to a y~ inch meter. If more gallons per minute is required a 1 inch meter could be installed without excavation. H. Adopt the Recommendations of Sanitary Service as follows: 1. Detailed enclosure plans Ileed to be submitted. 1. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, a Land Use Change Application must be filed. 2. All laterals and waste ways must be protected. 3. The developer must comply with Idaho Code 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 26 ( .J. Adopt the action of the City Council taken at their January 20,2004 meeting as follows: For clarification: I. The applicant submitted a Revised Cherry Lane Office Park Staff Report response letter dated December 11,2003, and which letter is on record with the Meridian City Clerk's office. J The applicant clari fled at the January 20,2004 public hcaring that the vehicle parking has been moved so that it runs north-south, this is to allow additionallanclscaping across the Cront for more depth. The landscaping between the buildings and the back property is actually 15 feet. 3. The project is designated to have four buildings, but the Preliminary Plat shows six lots on the site. The reason for that is to provide some adclitionallanclscaping where the sixth building would have been and provide additional parking stalls. In the future is this site develops, and it's a Llse that is very low in LIse, then if there is not a need for parking, it is anticipated that it would be the last site to be built (if there is no need for additional parking, then the site could be built on). 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code .~ 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conc1itionaluse permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit In accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months L1nless otherwise approved by the cOLlnci1. During this time, the permit FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 26 holder mLlst commence the use as permitted in accordance with the conditions oC approvaL satisfy the req uirements set forth in the conditions of approval, acquire bui Iding perm i ts and commence construction ofpellllanent footings or structures on or in the ground. In this context "structures" shaU 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 ancl completion date Cor the project. ICthe completion date specified for the project is exceeded, thc conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city cOllncil review. The application for time cxtcnsion shall be submitted at least thirty (30) days prior to the deadline for completion of tile project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with lllultiple 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, sllch phases shall be constructed within successive intervals of one year from the origi nal date of approval by the council. If the successive phases are Ilot submitted wi thin onc year intervals, the conditional approval of the future phases shall be nu 11 and void. (MCC 11-] 7- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notifieclthat pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request mllst be in writing, andmllst 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 FINDINGS OF FACT AND CONCLUSIONS OF LA \V AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 26 ( for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the condi ti onal use permi t approva lmay wi th i n twenty-eight (28) days after the date of this dcc i sion and order seek ajuclicia] review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the -L t) ~ day 01' h6114vL~, 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED~ VOTED~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNClUvIAN KEITH BIRD VOTED ~ ---- MA YOR TAMMY de WEERD (TIE BREAKER) DATED:~ MOTION: 'I. APPROVED:+=-- VOTED DISAPPROVED: Mayor FINDINGS OF FACT AND CONCLliSIONS OF LA \V AND DECISION AND ORDER GRANTING CONDITIONAL {JSI~ PERMIT PAGE 25 OF 26 ( \\\llllHlIII!!/ \,\ "" . II;. ~,\ O~- 'I; " ~t I,J ~' ~, . '->., ~:.- ~......'- r\.-;r.:i~i/'" "', ~ ......: V- )J~w- '-#/:.;:-'f '''>" ... Attest: ::: ~() -'fi'. ~ ~ ~ 0\ S ~ \ ~ ::: I = , ~ .'2:),f c:... ,:-;;'/::: ,,'(,)t '':; / 0'::- William G. Berg, Jr., City Cler \~.., '8r lS\' ./ :);~t ~.~ "'//'//'1 COUNT'! ,1;Y,\,"""" Copy served upon Applicant, Planning and Zoning IY~i}.JAAlmnt~\P'DbJic Works Department and the City Attorney. Byd!~'~~ ~ City Clerk . . Dated: 2 -/0-0 Z:\W()rk\Nl\iVIcridlan\i'vkridl~1l 153()()M\Chcrry Lane Onicc I'ark Stlb 1'1'-03-(21) CUI'-1J3-048\FfClsCl1I'03-048dnc \\\\\\\11111 III; 11t,_ ,\\ Or:: !'if"-.... "f/ '\..1 r li\a;tt:,t'S,'_/f"'~ "/ " ..... ""j/ I" " ~ -.... ''''9" 'l . ~... (j O\,\POlf..-1J:- "1/ ~ :::: ~CJ ~^ ~ ~ ~ v ~ - - ~ -= - - f1J ~ G:: Q)O_ --- - GIG! ... 0::;- -:;. 7,A '8r 1"1 ' y,:.:::- ~'l v"1 i"\-. U .:$:)~' ,...$- /'/1, ~U""....-.J . ~ ,\,..... 1/11 VI"\! ~, 1\\' f'fflflll lIllI\\' FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 26 OF 26 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE lVlA TTER OF THE REQUEST FOR CONDITIONAL USE PERiVrIT APPROVAL FOR A NURSING HOiVIE FACILITY AND 5 OTHER OFFICE PAD SITES ON 2.07 ACRES IN AN L-O ZONE, LOCATED ON THE NORTH SIDE OF CHERRY LANE, APPROXIMATELY 1.300 FEET WEST OF LINDER ROAD, WITHIN SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO PINNACLE ENGINEERS, INC. APPLICANT CIC 01/20/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-048 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on January 20, 2004, under the proviSIons or iVlcridian City Code ~ 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of'the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development to operate a nursing home facility for 40 patients and 5 offiee pad sites in an L-O zone, including reduced setbacks, reduced landscape buffers, and reduced landscaping along ORDER CONDITIONAL USE PERlVIIT (CUP-03-048) PAGE 1 OF 10 Cherry Lane, subject to the following condi tions of use and developmcnt: A. Adopt the Recommendations 0 f the P lann ing and Zon ing Comm issi on as follows: ]. Amend Site Speci fic Condition #2 on page 12 of the sta ff report transl1l itled on November 13, 2003, by deleting "pedestrian access and" in the f~ rst sentence. 2. Amend the second sentence of Site Specific Condition #2 of the staffrcport to delete the first "Cherry Lane" and replace it with "main". 3. Amend the third sentence of Site Specific Condition #2 on page 2 of the staff report by deleting "access" and replacing it with "connectivity". 4. Amend the beginning of the second sentence of Site Specific Condition #3 on page 13 by adding: "Except for the existing rock in the existing drainage SWede,". 5. Amend the first sentence of Site Specific Condition #5 on page 13 to read: "Move the three proposed parl.;ing stalls that are located on the east side of the east driveway's entrance to be next to the other parking spaces for the same building," 6. Delete the second sentence of Site Specific Condition #5 on page 13. 7. Amend the third sentence of Site Specific Condition #5 on page 13 by changing "six" to "three" and deleti ng "and dr'i ve a isle area". B. Adopt the Recommendations of the Planning and Zoning and Engineering stafTas modiJled by the COl11mission as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE/PD) I. The Applicant shall meet all of the requirements of the Preliminary Plat as a condition of the Conditional Use Permit. 2, Building setbacks for Lots 2 and 5, Block I, may be reduced to 15 feet (measured from the face of the building to the property line) ift3cdcstrian access ana ar'chitectural design features (windows, dormers, etc.) are placed on the south elevations. Connect the Cherry Lanc main entrance of the buildings with the existing sidewalk on Cherry Lane with a north-south oriented pedestrian pathway. If pedestrian access connectivity and architectural design features are not included on the buildings abutting ChetTY Lane, a 25-foot wide landscape buffer and building setback shall be required. Alllandscapil1g along Cherry Lane shall be in accordance with MCC 12-13-10. ORDER CONDITIONAL USE PERMIT (CUP-03-048) })AGE 2 OF 10 3. Except abutting the existing structure on Lot I, B]ock I, provide a 20-foot wide landscape buffer along the north and east property lines, as proposed. Except for the existing drain rock in the drainage swale~ buffer materials shall be installed in accordance with MCC 12- 13-12, including a mixture ofevergreen and deciduous trees, shrubs, and other ground cover to buffer the adj acent homes from the proposed development. The existing 10- foot wide setback and buffer adjacent to the existing structure, is approved with an alteration ofMCC, and is approved due to the location of the existing structure on the proposed Lot 1, Block: 1. 4. Re-stripe and sign the parking stalls south of the existing structure on Lot 1, Block], for COIll pact cars (] 5 - feet long by 9 -feet \v i de). P rovi de aback - up/turnaround a rea for t he western Illost compact parking stal] in the parking area. Said back-up/turnaround area shalt be paved a minimum five feet in width. Other than the existing drive aisle and parking west of the western driveway, the drive aisles and parking areas (including landscaping) \vithin the development shall be constructed in accordance with MCC 11-13 and MCC 12-] 3. 5. Remove Move the s* three proposed parking stalls that are located near the eastefH 011 the east side of the east driveway's entrance to be next to the other parking spaces for the same building. Reduce the eastern drivc'Nay from the 'II foot \\LK-l-t'~j7ese4 Said impervious areas (s* three parking stalls Md drive aisle area) shall be incorporated into the common plaza area and into additional landscaping adjacent to the proposed building on Lot 3, Block 1. Provide a note on the plat, or another means to make sure that maintenance of the common areas (parking, drive-aisles, landscape areas, etc.) throughout the development is accounted for. 6. The Applicant shall submit 15 copies of a revised Site and Landscape Plan to the City Clerk's office at least 10 clays prior to the next public hearing for this application. Said revised Site and Landscape Plan shall include all of the modifications required in the Site Specific Conditions above. STANDARD CONDITIONS (CONDITIONAL USE/PD) 1. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as cletai led in si te-speci fic rcqu irements. Pa ving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2. A drainage plan designed by a State ofIdaho licensed archjtect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's oftl1e subdivision. ORDER CONDITIONAL USE PERMIT (CUP-03-048) PAGE 3 OF 10 3. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 4. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flnshing signs \vill be permitted. C. Adopt the Recommendations of the Ada County Highway District as follO\vs: Site Specific Conditions of Approval 1. Utilize cll'iveway # 1 located on Cherry Lane, 126-feet east of the west property line. This location meets District policy and shall be approved with this application. 2. The applicant shall do one of the following: Uti I i ze dri veway # 2 in its CUITent location on Cherry Lane. Dri veway # 2 is currently located 210- feet east 0 f dri yeway # 1 (measu red near edge to near edge) and approx i matel y 13 I-feet west of the near edge ofVineyarcls Avenue. OR Relocate driveway # 2, approximately] 50-feet east of driveway # ] (measured near edge to near edge) and 190-feet west of Vineyard Avenue. Pave the dl-iveway its full width and at least 30-feet into the site beyond the edge ofpmremcnt of the roadway with IS-foot curb radii abutting the existing roadway edge. 3. Should the applicant relocate driveway # 2, the applicant shall be required to replace the unused driveway on Cherry Lane with standard curb, gutter and concrete sidewalk to match existing improvements abutting the site. 4. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot 8ccess restrictions, as required with this application, shall be stated on the final plat. 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approval ]. Any existing irrigation facilities shall be relocated outside of the right-oC-way. ORDER CONDITIONAL USE PERMIT (CllP-03-048) PAGE 4 OF 10 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 maybe 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. ). All design and construction shnll be in accordance with the Ada County Higlnvay 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 penl1it (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLlNE (1-800-342-1585) at leastL\vo full business days prior to breaking ground within ACHD right-of-way. The applicant shalt contact ACHD Traffic Operations 387-6190 in the event any ACI-ID 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 all authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. II. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its ORDER CONDITIONAL USE PERMIT (CUP-03-048) PAGE 5 OF 10 successors in interest advises the Highway District of its intent to change the pi anneel use 0 f the subject propel-ty unless a waiver/variance of saiel requirements or other legal rclicf' is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Settlers Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protectcd and continue to function. The Settlers Canal courses along the east and south boundaries of the property in RCP pipe. 2. Any changes to the existing irrigation system such as relocation, tiling, and landscap ing must be approved by Settlers Irrigatj on Distl'ict. 3. SID does not allow any trees or permanent structures within its easement. 4. SID does not allow any storm drainage into its system. E. Aclopt the Recommendations of the Meridian Fire Depal-tment as follows: 1. That a fire-now as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Fina] approval of the fire hydrant locations shall be by the Merid ian Firc Department. 4. All internal & extell1alroacls shall have a turning radius of28' inside and 48' outsidc. 5. Operational fire hydrants are required before combustible construction begins. 6. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. 7. V ertica I clearance for c1ri veways sha I I be 13 '6 ", th i s may affect tree placement in landscaping areas. 8. The driveway shall have a clear driving surface which is20' wide available at all times. ORDER CONDITIONAL USE PERL\'lIT (CUP-03-048) PAGE 6 OF 10 9. Buildings 011 the South end of the proposed projects shall have their address posted 011 the strect side of the building. 10. It is requested that the buildings on the North side of the project have their addresses posted 011 a monument sign at each entrance on Cherry Lane and on the buildings in 6" numbers. F. Adopt the Recolllmendations of the Central District Health Department as follows: 1. This proposal call 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 subl11ilted [0 and approved by the Idaho Department of Health & Wel fare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Storm water shall be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 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 stOn1lVvater managcment systelll that prevents groundwater and surface water degradation. G. Adopt the Comments/Recommendations of Meridian City Water Department as follows: l. This property is currently supplied by a ] inch service with a ] inch meter setter necked down [0 a Ji.J inch meter. If more gallons per minute is required a ] inch meter could be installed withoLlt excavation. H. Adopt the Recommendations of Sanitary Service as follows: I. Detailed enclosure plans need to be submitted. 1. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. All municipal surface drainage must be retained on site. If any surface drainage le8ves the site, a Land Use Change Application must be filed. 2. AIllater81s and waste ways must be protected. 3. The developer must comply with Idaho Code 31-3805. ORDER CONDITIONAL USE PERMIT (CUP-03-048) PAGE 7 OF 10 J. Adopt the action of the City Council taken at their January 20, 2004 meeting as follows: For clarification: 1. The applicant submitted a Revised Cherry Lane Office Park Staff Report response letter dated December 11,2003, and which letter is on record with the Mel'idian City Clerk's office. 2. The applicant clarified at the January 20,2004 public hearing that the vehicle parking has been moved so that it runs north-south, this is to allow additional landscaping across the front for more depth. The landscaping between the buildings and the back property is actually 15 feet. 3. The project is designated to have four buildings, but the Preliminary Plat sho\vs six lots on the site. The reason for that is to provide some additional landscaping where the sixth building would have been and provide additional parking stalls. In the future is this site develops, and it's a use that is very ]O\V in use, then if there is not a need for parking, it is anticipated that it would be the last site to be built (if there is no need for additional parking, then the site could be built on). 3. The above conditions are concluded to be reasonable and the applicant shallmcct such req ui rements as a eond ition of approval of the appl ication for a cond i tiol1a] use perm i l. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notiee 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 Lise as permitted in accordance with the conditions of approvaL ORDER CONDITIONAL USE PERMIT (CUP-03-048) PAGE 8 OF 10 satisfy the requirements set fOlih 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 sLlccessive intervals of one year from the original c1ate of <1pproval by the counciL If the successive phases arc not submitted within one year intervals, the conditional approval ofthe future phases shall be !lull and void. (MCC I] -17- 4.8.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at ORDER CONDITIONAL USE PERMIT (CUP-OJ-048) PAGE 9 OF 10 ( Issue. A request for a regulatory takings analysis will toll the time period \\!ithin which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code * 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional Lise permit approval may within twenty-eight (28) clays 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 ~Lf2 6 day 0 r -&bcUWYf= ,2004. By dI~-:. 4-~ R Dated City Clerk Attest: :2-/0-&4- ;;. %:\\VorkIM\1vlcridian\Mcmlian I 53601vl\Chcrry Lanc omcc Park Sub 1'1'-03-029 CLJI'-03-04S\OrdcrCUI'.doc ORDER CONDITIONAL USE PERMIT (CUP-03-048) PAGE 10 OF 10 February 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Mary Ballantyne P P 03-034 February] 0, 2004 ITEM NO. ~ REQUEST Tabled Findings -- Request for PP approval for re-plat of Troutner Pork Sub Lots 4-5 & 10-15, Blk 2; Lots 1-3 & 5-8, blk 3; blk 4; & Lot 3, blk 5 consisting of 6 commercial bldg lots & 1 common lot on 17.26 acres in C-G zone for Troutner Business Pork NO.2 -- s/o W. Franklin & w/o S. Meridian AGEI'-ICY COMMEI\JTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See ClttClched Findings CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: (&~ MERIDIAI'.) 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 Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. January 31, 2004 MER!DIAN CITY COUNCIL MEETING PP 03-034 February 3, 2004 APPLICANT Mary Ballantyne ITEM NO. s:. REQUEST Findings - Request for PP approval for re-plat of Troutner Park Sub Lots 4-5 & 10-15, Blk 2; Lots 1-3 & 5-8, blk 3; blk 4; & Lot 3, blk 5 consisting of 6 commercial bldg lots & 1 common lot on 17.26 acres in C-G zone for Troutner Business Park No.2 - slo W. Franklin & wlo S. Meridian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DE?T: 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: j(' ~ \1\_ A &0. /JWj\J Emalled: \_ ~ See attached Findings ~{o clO.AJ'k ~j Date: ?')-6~ Staff Initials: Phone: c2 g g .~ /1 j ;L!vl f'I" Materials presented at public meetings shall become properly of the City of Meridian. _RECEIVED JAN 2 9 2004 interoffice MEMORANDUM - City Of Meridian City Clerk Office To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Troutner Business Park Subdivision No.2 File: PP-03-034 Date: January 28,2004 Will: Please find_attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINAR Y PLAT, pursuant to action of the Council at their January 20,2004 meeting. The Findi ngs wi 11 be on an lIpCOIll ing Co unc i I agenda. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney onicc, i r Council approves the Findings. If you have any questions arise please advise. Z".\VorK'M\fvlerldlall\1vlendiall I 5360M\Troutner Business Park No.2 P P-03-034\BergPrePlatM EMO 0 I 2804.doe BEFORE THE CITY COUNCIL OF THE CITY OF MEIUDIAN IN THE MATTER OFTHE REQUEST FOR PRELIMINARY PLAT FOR TROUTNER BUSINESS PARK SUBDIVISION NO. 2FOR 6 BUILDING LOTS AND 1 COlVliVION LOT ON 17.26 ACRES IN A C-G ZONE, MERIDIAN, IDAHO BY: TROUTNER BUSINESS PARK DEVELOPMENT CORPORA TION, APPLICANT CIC 01/20/04 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-03-034 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAl, OF PRELIiVIINAR'{ PLAT The above entitled matter coming on regularly for public hearing before the City Council on .January 20,2004, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department. and Ryan Adelman, appeared and testified, andlhe City COLlncil having received a report Cram Craig Hood Planner II for the Planning and Zoning Department, and ~3rLlcc Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT OF TROUTNER PARK BUSINESS SUBDIVISION NO.2, A REPLATTING OF TROUTNER PARK SUBDIVISION (LOTS 4-5 AND 10-15, BLOCK 2; LOTS 1-3 AND 5-8, BLOCK 3; BLOCK 4; AND LOT 3, BLOCK 5) LOCATED IN A PORTION OF THE NORTHEAST ~ OF SECTION FINDrNGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TROUTNER BUSINESS PARK SUBDJVISION NO.2! (PP-03-034) PAGE I OF 13 13, T.3N., R.I W., B.M., MERIDIAN CITY, ADA COUNTY, IDAHO OCTOBER, 2003,W: \work\1 020 15\Design\Preliminary Plat - Phase Il\l 020 15svOl.chvg 10/13/03, TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION - DEVELOPER, TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION - PRESIDENT MARY BALLANTYNE - OWNERS OF RECORD, KELLER ASSOCIATES, INC. - ENGINEERING/SUR VEYING FIRM", Troutner Business Park Corporation - Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and ndjudged by the City Council pursuant to Meridinn City Code ~ 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT I. That the proposed development is in con formancc wi th the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adoptecl August 6, 2002, Resolution No. 02-382, and the property is presently zoned C-G, and requires conneetion to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 K] 2. The preliminary plat is ill conformance with the Amendecl Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. The proposed office lots are in compliance with the future land use classification, orr~cc. as noted on the Future Land Use Map. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROY AL OF PRELTMINAR Y PLAT TROUTNER BUSINESS PARK SUBDTVISON NO.2 / (PP-03-034) PAGE 2 OF 13 3. The applicant has requested Preliminary Plat approval to subdivide 17.26 acres of C-G zoned property into 6 buildable lots and 1 common lot. The site is located approximately 200 feet south ofFrankJin Road and approximately 500 feet west of f'vleridian Road within Township 3 North, Range 1 West, Section 13. The site lies within a Commercial area of the 2002 Comprehensive Plan Future Land Use Map and is currently vacant. 4. The submitted preliminary plat application proposes to re-subdivide Lots 4, 5, 10-15, Block 2, Lot 4, B]ock 3, and Lot 3, Block 5, Troutner Park Subdivision No. 1, which was recorded in 1997. With the plat of Troutner Park Subdivision No.1, the applicant dedicated 60 feet ofright-of-way for Pennwood Street and 3rd Avenue. The applicant is concurrently proposing to vacate a portion of the platted right-of-way for Pennwood Street and all of3rd Avenue (V AC-03-007). The area proposed for vacation is included within the proposed lots of the subject plat, with the exception of the 3rt! Avenue right-of-way stub to the south. S. It is found that the lot configuration and overall design of the proposed subdivision are in general conformance with the City of Meridian Comprehensive Plan. 6. The developer will be responsible for financing the extension of se\ver, water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future tenants will be fire and police services. It is found that public services can be made available to accommodate the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROY AL OF PREUMINAR Y PLAT TROUTNER BUSINESS PARK SUBDIVISON NO.2 I (PP-03-034) PAGE 3 OF 13 7. Because the developer is responsible for installing sewer, waleI', uti I i ties and irrigation, for the development at their cost, it is found that the subdivision \villnot conflict with the capital improvement program. 8. It is found that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. 9. It is found that there are not any health, safety or environmental problems associated \vith this subdivision. There have been no environmental problems identified that may be associated with the development oflhe site. ACHD considers road safety issues in their analysis, and ACI-ID recommended, wi th condi lions, approval 0 l' the subject subdivision. 10. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT OF TROUTNER PARK BUSINESS SUBDIVISION NO.2, A REPLATTING OF TROUTNER PARK SUBDIVISION (LOTS 4-5 AND 10-15, BLOCK 2; LOTS 1-3 AND 5-8, BLOCK 3; BLOCK 4; AND LOT 3, BLOCK 5) LOCATED IN A PORTION OF THE NORTHEAST ;/4 or; SECT[ON 13, T.3N., R.l W., B.M., MERIDIAN CITY, ADA COUNTY, IDAHO OCTOBER, 2003,W: \work\l 020 15\Oesign\Prelilllin<lI-Y Plat- Phase II\1 02015svO l.clwg 10/13/03, TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION - DEVELOPER, TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION - PRESIDENT MARY BALLANTYNE- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPRO V AL OF PREUMINAR Y PLAT TROUTNER BUSINESS PARK SUBDIVISON NO.2 / (PP-03-034) PAGE 4 OF 13 OWNERS OF RECORD, KELLER ASSOCIATES, INe. ~ ENGINEERING/SURVEYING FIRM." DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridiall City Code ~ 12-J-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER ]. The Preliminary Plat of the applicant as evidenced by "PRELllvIlNAR Y PLAT OF TROUTNER P ARK BUSINESS SUBDIVISION NO.2, A REPLA TTlNG OF TROUTNER PARK SUBDIVISION (LOTS 4-5 AND 10-15, BLOCK 2; LOTS 1-3 AND 5-8, BLOCK 3; BLOCK 4; AND LOT 3, BLOCK 5) LOCATED IN A PORTION OF THE NORTHEAST !4 OF SECTION 13, T.3N., R.l W., B.M., MERIDIAN CITY, ADA COUNTY, IDAHO OCTOBER, 2003,W: \work\1 02015\Design\Preliminary Plat - Phase 1I\1 02015svOl .dwg I Oi] 3/03, TROUTNER BUSINESS PARK DEVELOPivIENT CORPORATION - DEVELOPER, TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION - PRESIDENT MARY BALLANTYNE ~ OWNERS OF RECORD, KELLER ASSOCIATES, INe. - ENGINEERING/SURVEYING FlRIvl", Troutner Business Park Corporation, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning Commission as follows: 1. Delete Site Specific condition #1 on page 4 of the submitted staffrepOlt . FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PR1:':LIMINARY PLAT TROUTNER BUSINESS PARK SUBDIVISON NO.2 / (PP-03-034) PAGE 5 OF 13 B. Adopt the Recommendations of the Planning and Zoning and Engineering staffas follows: SITE SPECIFIC CONDITIONS 1. Provide u stub street from PelU1wood Street to the sO'..lth property line. 2. Sanitary sewer and water service to this site will be from main line extensions from the phase one and from the future connection of Penn wood Street to the east. The Applicant will be responsible to construct lateral 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. 3. Provide landscaping along Pennwood Street (and any other local/commercial street) in uccordallCC with MCC 12-13-10. Obtain a license agreement lI'om ACHD for any landscaping proposed in the right-of-wuy. 4. Where driveways intersect Pennwood Street, provide a clear-vision sight triungle ill accordance with MCC 12-13-9-5. 5. IfPennwood Street is not constructed from Meridian Road to the eastern boundary of the plat, construet a temporary, Meridian Fire Department approved, vehicular turnaround for Pennwood Street. 6. Building setbacks for structures and dimensional standards for the proposed lots shall be in accordance with the applicable zoning regulations of the City of Meridian. 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. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not avuilable, a single-point connection to the culinary water system shull be req u i red. If a si ngle-poi nt connection is uti I ized, the developer shall be responsib Ie for the paymen t of assessmcnts Cor the comlllon arcas pri or to si gnat u re 011 the 1~ na I plat by the Meridian City Engineer. 8. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the eq Llivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement fINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROY AL OF PRELIMINAR Y PLAT TROUTNER BUSINESS PARK SUBDIVISON NO.2 I (PP-03-034) PAGE 6 OF 13 trees for those trees that have to be removed. Coordinate the proposed tree mitigation plan \vith E]roy Huff in the Meridian Parks Department (888-3579). 9. S ubln i t any updated grou nd\vatcr/soi Is mon i tori ng data to the Publ i c \\/orks Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of lime not to exceed 24 hours for alt storms up to and including a I aD-year storm evcnt. Sldc slopes within drainage areas shall not exceed 3: 1. The project engineer should pay close attention to the results offield studies determining the groLlndwater, soil type & and characteristics during the design and construction phases. ST ANDARD CONDITIONS ]. Submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, including lot and block numbering. Make any corrections necessary 10 conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of the final plat. 4. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the subdivider's expense. Typical locations arc at street intersections and/or [~re hydrants. 5. A detailed landscape plan for the common areas, including pathways and types of construction, shall be su bmitted for review and approval wi th the subm i ttal 0 f the final plat applications. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. A letter of credi tor 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 Fina I Plat. 6. Al I irrigation d itches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TROUTNER BUSINESS PARK SUBDIVISON NO.1 ((PP-03-034) PAGE 7 OF 13 users association, with written confirmation of said approval submitted to the Public Works Department. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per MCC 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes sllch as landscape irrigation. 8. Developer shall coordinate mailbox locations with the Meridian Post Office. 9. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing \vould sit atop fill material. C. Adopt the Recommendations of ACHD as follows: Site SpeciTic Conditions of Approval 1. Construct a 5-foot wide concrete sidewalk on each side of Pcnllwood Street located 2-feet within the right-of-way. 2. Provide an easement to the District for any portion of the constructed sidewalks that extend outside of the right-or-way. 3. Constrllct Pennwood Street as a 40-foot street section with concrete curb and gutter. 4. Either vacate 3nl Avenue or construct it as a 40-foot street section with concrete curb, gutter, and a 5-foot wide (minimum) sidewalk. 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside or the right-oF-way. 2. All uti Ii ty relocation costs associ atee! with i mprov i ng street frontages abut! i ng [he site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and allY that may be damaged during the construction of the proposed development. Contnct Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TROUTNER BUSINESS PARK SUBDIVISON NO.2 / (PP-03-034) PAGE 8 OF 13 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. S. All design and constl'Llction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplemcnts, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofldal1o 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 COllnty 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 \vithill 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 D1GUNE (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. ] O. 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 confinllation of any change from the Ada COllnty Highway District. 11. AllY 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 811 rules, ITgulations, ordinances, plans, or other regulatory <lndlegal restrictions in force at the time the applicant or its sLlccessors in interest advises thc Highway District FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PREliMINARY PLAT TROUTNER BUSINESS PARK SUBDIVISON NO.2 I (PP-03-034) PAGE 9 OF 13 of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. Commercial and office occupancies will require a fire-Bow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fil-e protection will be by the Meridian W8ter Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Departmcnt. 4. All roads shall have a minimum turning radius of28' insidc and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are reg u ired before combustible construction begins. 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. Provide an approved turn-aroLlnd on the East end of Penn wood. 7. The fire department request 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. 8. All access roads leading into and within the project shall have a clear driving surface with a minimum width of20' available at all times. E. Adopt the Recommendations of the Central District Health Dcpanmcnt as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROY AL OF PRELIMINARY PLAT TROUTNER BUSINESS PARK SUB DIVIS ON NO.2 I (PP-03-034) PAGE 10 OF 13 2. The Applicant's central sewage and central water plans mLlst be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater disposal. F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The App]i-cant shall file a Land Use Application prior to final platting. 2. Alllaten:lls and waste ways must be protected. The District's Eight-Mile Lateral courses through 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. 3. All municipal surface drainage Illust be retained on site. rrany surface drainage leaves the site, the Nampa & Meridian Irrigation District l1lust review drainilgc plans. 4. The developer must comply with Idaho Code 31-3805. It is recommencleclthat irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. G. Adopt the action of the City Council taken at their January 20, 2004 meeting as follows: For clarification: 1. The app 1 icant shall be allowed one of the foIlowi ng: a. The applicant shall be allowed to comply with the Preliminary Plat as submitted if ACHD concurs with the applicant and vacates the stub street to the south of Penn wood to connect to the southern boundary 0 f the property; or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TROUTNER BUSINESS PARK SUBDIVISON NO.2 / (PP-03-034) PAGE 11 OF 13 b. !f ACHD concurs with Council's decision for a stub street to the south, the applicant shall be allowed to stub the street to the south of Penn wood but it may be located anywhere along Pennwood connecting to the south boundary, as long as it complies with ACHD's staff conditions. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The App licallt is hereby noti fied that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request lllust 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 timc period within which a Petition for Judicial Review may bc flied. 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 r.e6~(J-. ' 2004. ROLL CALL I ClI!?c!<1Y of COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPRO V AL OF PRELIMINARY PLAT TROU'fNER BUSINESS PARK SUBDIVISON NO.2 I (PP-03-034) PAGE 12 OF 13 COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED~ COUNCILMAN KETIH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - Attest: SEAL 'P'~ f?:: Q "C1i 0 :: ~) Vel 1 si . .:f-,f "'J ^"i' .;- ~ '("\ \V ~ /. ....;0. ('1~ t-;~ ~-r,f \.\' .. ~j~"~ 11 11 , \\\ Copy served upon Applicant, The Planningand.1Z.CVJ11\~h\g Department, Public W,\{~,\~"IIl~~~i;!!Jlf Department and City Attorney. :\'\\~"1 Of l~/Di:"'/""",,,,, ~ ...\." - M. ~ ~ V' ~o'iWOil.1~ 'V' ~ ::: 1>. ~ ~ ~ v ~ ~ ~ ~ -tt) ---f} if- SEAL -=: ~ ""' - ~&_ 6~; ~ '1.: 0(;", "co 0 $ " ~ '" '-> r lS\ ' -<~" ~ :;d .~ " -'-'.":i~.,?0Urrr'( . ~~\\'\" ".'" "\i1\\\\\ di~ William G. Berg, Jr., City nyJ~'~~>L Ci ty Clerk Dated: Z:\Work\M\Mcridian\lVIcridian I 5360M\Troulncr Business Park No.2 PP.03-034\FrCls0rdPP.doc FrNDINGS OF FACT AND CONCLUSIONS OF LA VV AND ORDER OF CONDITIONAL APPROY AL OF PRELIM IN AR Y PLAT TROUTNER BUSINESS PARK SUBDTYISON NO.2 I (PP-03-034) PAGE ]3 OF 13 FEB 0 3 2004 To: Mayor and City Council City Of Meridian City Clerk Office CC: Anna Powel! Bill Nichols Ryan Adelman, Keller & Associates Mike Ballantyne, Troutner Business Park Development Association From: Craig Hood, Associate City Planner Date: February 3, 2004 Re: Troutner Business Park NO.2 (PP.03-034) I Pennwood Street & 3rd Avenue Vacations (VAC-03-007) Staff requests dut the Council pull the Findings of Fact/Conclusions of Law/Decision & Order (FFCL/DO) for PP-03-034 (Troutner Business Park Subdivision No.2) and V AG03-007 (Pennwood Street & 3'" Street vacations) from the consent agenda for a brief discussion to clarify the motion(s) and the FFCl/DO(s). After reviewing the FFCl/DO for the Troutner Business Park Subdivision No.2 (item "e" on the consent agenda) and the associated right-of-way vacation of Pennwood Street and }"I Avenue (item "B" on the consent agenda), staff would like clarification of the Council's actions, Plior to acting on the FFCL/DOs. The motion for the vacation, taken from draft minutes of January 20; 2004, states "approve V AC 03-007, the request for a vacation of three feet of ACHD right of way on each side of West Pennwood Street for Troutner Business Park Subdivision No.2 by Mary B<lllant}l1e, west of South Meridian Road and south of West Franklin Road and include South 3rd Street through to proposed Corporate Drive." The motion for approval of the preliminary plat, also taken from draft minutes, states that the "applicant may comply with the preliminary plat as submitted if ACHD concurs with the applicant and vacates the stub street to the south of Pennwood to connect to the southern boundary property or if ACHD complies -- or ACHD concurs with this Colillcil's decision for a stub street to the south, that stub street to the south of Pennwood can be located anywhere along Penmvood connecting to the southern boundary, pursuant to whatever ACHD staff conditions are available." The FFCL/DO for the V AG03-007 state on page 7: "The reduced width of Pennwood Street is approved. Vacation of Third Street north of Pennwood is approved. Vacation of Third Street south of Pennwood is not approved, but applicant may move this stub street if approved by Ada County Highway District." The FFCl/DO for PP-03-034 state on page 11 and 12: "The applicant shall be allowed one of the following: a) The applicant shall be allowed to comply with the Preliminary Plat as submined ij' ACHD concurs with the applicant and vacates the stub street to the south of Pennwood to connect to the southern boundary of the property; or b) If ACHD concurs with Council's decision for a stub street to the south, the applicant shall be allowed to stub tbe street to the south of Pennwood but it may be located anywhere along Pennwood connecting to the south boundary, as long as it complies with ACHD's st aff conditions." It appears that these two motions and the two FFOjDOs are not consistent 'With each other, and need to be clarified. After revie"tving the draft minutes, it is clear to staff that the Council voted to not approve the vacation of )"1 Avenue, south of Pennwood Street. However, the motion for approval of the preuminary plat, seems to allow ACHD to vacate 3,\1 Avenue south of Pennwoocl Street if the ACHD Commission does not agree 'With the Council's motion on the vacation. Was it the Council's intent to require a stub street to the southern parcel with the preliminary plat, but in a location to be determined later, or just leave the whole "to stub or not to stub" issue up to ACHD to resolve? If the latter was the intent, then one option may be to state that the City does consent to vacating 3"1 Avenue, if ACJ-ID finds it ro be in the public's best interest. If this is not intent of the motion, and the City wants to require a stub street to the south, then the FFCL/DO for the preliminary plat should more accurately reflect that requirement. February 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Pinnacle Engineers PP 03-029 February 10, 2004 ITEM NO. -u .D REQUEST Tabled Findings from 2/3/04 -- Request for Preliminary Plot approval of 6 building lots on 2.064 acres in an L-O zone for proposed Cherry Lone Office Park Subdivision -- 2150 West Cherry Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aHached Findings 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: ~vY SETTLERS IRRIGATION: IDAHO POWER: US WEST: If'\lTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented ot public meetings sholl become property of the City of Meridian. January 31, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Pinnacle Engineers PP 03-029 February 3, 2004 ITEM NO. 5 REQUEST Findings - Request for Preliminary Plat approval of 6 building lots on 2.064 acres in an L-O zone for proposed Cherry lane Office Park Subdivision - 2150 West Cherry Lane 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: SETIlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings ~ /04/ (,0 'b' {V Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM ............... FEB 0 3 City OfMel'idian. City Clerk Office To: William G. Berg,.Jr. From: Will. F. Nichols Subject: Cherry Lane Office Park Subdivision File: PP-03-02lJ Date: January 30,2004 Will: Please find_attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROV AL OF PRELIMINARY PLAT, pursuant to action of the Council at their January 20,2004 meeting. The Findings wi II be on an upcoming Council agenda. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, ifCollncil approves the Findings. If you have any questions arise please advise. Z:\Work'ivlli'vkndian\ivkridmn I 5360i'vl\Cherry Lan, orne, Park Sub PI'-()3-[)29 Cl.II',o.,-04S'dkrgi'r,l'lati\1 EMU {) I J{) 04.doc ~. < BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 01120104 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT APPROVAL OF 6 OFFICE ) LOTS ON 2.07 ACRES IN AN L-O ) ZONE FOR CHERRY LANE ) OFFICE PARK SUBDIVISION, ) LOCATED ON THE NORTH SIDE ) OF CHERRY LANE, ) APPROXIMATELY 1,300 FEET ) WEST OF LINDER ROAD, WITHIN ) SECTION 2, TOWNSHIP 3 NORTH, ) RANGE 1 WEST, MERIDIAN, ) IDAHO ) ) BY: PINNACLE ENGINEERS, INC. ) APPLICANT ) ) Case No. PP-03-029 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on January 20, 2004, and Brad Hawkins-Clerk Assistant City Planner for the Planning and Zoning Department, and David McKinnon, appeared and testified, and the City Council having received a report from Craig Hood Associate City Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part ofthe record of this matter the recommendation to City Council of the Planning and Zoning Conunission and the applicant having submitted the "PRELIMINARY PLAT FOR CHERRY LANE OFFICE PARK SUBDIVISION, A PORTION OF THE SW1I4 OF THE SE )4 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY LANE OFFICE PARK SUBDIVISION 1 (pP-03-029) 1 of 14 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2003, CHERRY LANE OFFICE PARK SUBDIVISION PRELIMINARY PLAT - MARK BOTTLES, DRAWN BY: DKG, DESGINED BY: DKG, CHECKED BY: DKG, PROJECT NO. C036219, SHEET PP-l, DATE: 9/15/03, REVISED DATE 01/07/03 (notation: this should be the year 04), STAMPED RECEIVED JAN 082004 CITY OF MERIDIAN CITY CLERK OFFICE, DA VID BUICH - DEVELOPER, PINNACLE ENGINEERS, INe. - ENGINEERS", David Buich, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned L-O, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 GJ 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. The applicant has requested Preliminary Plat and Conditional Use Permit approval for a Planned Development on 2.07 acres ofIand located on the north side of Fairview FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT CHERRY LANE OFFICE PARK SUBDNISION / (pP-03-029) 2 of 14 Avenue, approximately 1/3 of a mile west of Linder Road. The subject site lies within a Public/Quasi-Public area of the 2002 Comprehensive Plan Future Land Use Map. The property is presently zoned L-O, and is currently used as a church and for church related activities. The subject applications were submitted concurrently to the Planning and Zoning Department for review. The submitted preliminary plat application proposes six office lots with the landscaping, driveways, parking and common areas to be within easements. The Conditional Use/Planned Development includes a request to allow the operation of a nursing home facility in an L-O zone, and modified development standards including reduced landscape buffer widths and reduced building setbacks. Nursing homes are a conditional use in the L-O zone (MCC 11-8-1). The applicant has proposed to construct two small landscaped plazas with picnic benches as amenities for the PD. 3. The Cherry Lane Baptist Church of Meridian, Idaho, Inc. is the current property owner and has submitted notarized consent for Pinnacle Engineers, Inc. to submit the subject applications. David Buich is the developer of the proposed project. 4. It is found that the lot configuration and overall design ofthe subdivision are in general conformance with the City of Meridian Comprehensive Plan. 5. The developer will be responsible for financing the extension of sewer, water, utilities and irrigation services needed to serve the project. The primary public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY LANE OFFICE PARK SUBDIVISION I (pP-03-029) 3 of 14 costs to serve the future residents will be fire and police services. It is found that public services can be made available to acconunodate the proposed development. 6. Because the developer is installing sewer, water, utilities and irrigation, for the development at their cost, it is found that the subdivision will not conflict with the capital improvement program. 7. It is found that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. 8. It is found that there should not be any health, safety or environmental problems associated with this subdivision. There has not been identified any environmental problems that may be associated with the development of the site, ACHD considers road safety issues in their analysis, and ACHD has reconunended, with conditions, approval of the subject subdivision. 9. The applicant has submitted for consideration ofthis approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT FOR CHERRY LANE OFFICE PARK SUBDIVISION, A PORTION OF THE SWI/4 OF THE SE ~ OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2003, CHERRY LANE OFFICE PARK SUBDIVISION PRELIMINARY PLAT - MARK BOTTLES, DRAWN BY: DKG, DESGINED BY: DKG, CHECKED BY: DKG, PROJECT NO. C036219, SHEET PP-l, DATE: 9/15/03, REVISED DATE 01107/03 (notation: this should be the year 04), FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELJ1v1INARY PLAT CHERRY LANE OFFICE PARK SUBDIVISION I (pP-03-029) 4 of 14 STAMPED RECENED IAN 08 2004 CITY OF MERIDIAN CITY CLERK OFFICE, DAVID BUICH - DEVELOPER, PINNACLE ENGINEERS, INC. - ENGINEERS". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT FOR CHERRY LANE OFFICE PARK SUBDIVISION, A PORTION OF THE SW1l4 OF THE SE y,j OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, rDAHO 2003, CHERRY LANE OFFICE PARK SUBDIVISION PRELIMINARY PLAT - MARK BOTTLES, DRAWN BY: DKG, DESGINED BY: DKG, CHECKED BY: DKG, PROJECT NO. C036219, SHEET PP-1, DATE: 9/15/03, REVISED DATE 01107/03 (notation: this should be the year 04), STAMPED RECEIVED JAN 08 2004 CITY OF MERIDIAN CITY CLERK OFFICE, DAVID BUrCH - DEVELOPER, PINNACLE ENGINEERS, INC. - ENGINEERS", David Buich, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the PlalU1ing and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. The Applicant shall work with Planning & Zoning staff to ensure that the design and construction of any "alternative" landscape buffer along Cherry Lane (if approved FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY LANE OFFICE PARK SUBDIVISION I (pP-03-029) 5 of 14 with a Conditional Use Permit) meets or exceeds the intent of the 25-foot wide landscape buffer. 2. Except abutting the existing church structure on Lot 1, provide a 20-foot wide landscape buffer along the north and east property lines. Buffer materials along the east and north property lines shall be in accordance with MCC 12-13-12-3. No additional landscape materials shall be required abutting the existing structure on the proposed Lot 1. This condition is approved with an alteration of Meridian City Code. 3. Prior to final plat approval, submit to the Planning and Zoning Department, a recorded copy of a cross-parkinglcross-access agreement for all ofthe lots within the subdivision to utilize the two driveways and off-street parking stalls. 4. If required by the Meridian Public Works Department, the Applicant shall be required to extend water mains to and through the proposed development. Water service to the subdivision shall be from existing mains in Cherry Lane. 5. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single~point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 6. 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 oftrees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. Coordinate the proposed tree mitigation plan with Elroy Ruffin the Meridian Parks Department (888-3579). 7. Submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 1 DO-year storm event. Side slopes within drainage areas shall not exceed 3: 1. The project engineer should pay close attention to the results offield studies determining the groundwater, soil type & and characteristics during the design and construction phases. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY LANE OFFICE PARK SUBDIVISION / (pP-03-029) 60fl4 ST ANDARD CONDITIONS (PRELIMINARY PLAT) 1. Submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, including lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of the final plat. 4. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. A detailed landscape plan for the common areas, including pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat applications. The plan must include sizes and species of trees, shrubs, berminglswa1e details, and all proposed ground cover/treatment. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. 6. All irrigation ditches, laterals or canals, exclusive of natural waterv.rays, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per MCC 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 8. Developer shall coordinate mailbox locations with the Meridian Post Office. 9. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY LANE OFFICE PARK SUBDIVISION I (pP-03-029) 7 of 14 10. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfin, where footing would sit atop fill material. B. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Utilize driveway # 1 located on Cherry Lane, 126-feet east of the west property line. This location meets District policy and shall be approved with this application. 2. The applicant shall do one ofthe following: Utilize driveway # 2 in its current location on Cherry Lane. Driveway # 2 is currently located 21O-feet east of driveway #1 (measured near edge to near edge) and approximately 131-feet west of the near edge of Vineyards Avenue. OR Relocate driveway # 2, approximately 1 50-feet east of driveway # 1 (measured near edge to near edge) and 190-feet west of Vineyard Avenue. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement ofthe roadway with 15- foot curb radii abutting the existing roadway edge. 3. Should the applicant relocate driveway # 2, the applicant shall be required to replace the unused driveway on Cherry Lane with standard curb, gutter and concrete sidewalk to match existing improvements abutting the site. 4. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY LANE OFFICE PARK SUBDNISION I (pP-03-029) 8 of 14 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way, The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY LANE OFFICE PARK SUBDIVISION I (pP-03-029) 9 of 14 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations ofthe Settlers Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The Settlers Canal courses along the east and south boundaries of the property in Rep pipe. 2. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 3. SID does not allow any trees or permanent structures within its easement. 4. SID does not allow any storm drainage into its system. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All internal & external roads shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. The proposed subdivision will have an unknown transient population and will have an unknown impact Meridian Fire Department call volumes. According to a report completed by Fire & Emergency Services Consulting Group in February of2000 our FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY LANE OFFICE PARK SUBDIVISION I (pP-03-029) 10 of 14 requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, this is up from 2069 responses in the year 2000. 7. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. 8. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping areas. 9. The driveway shall have a clear driving surface which is 20' wide available at all times. 10. Buildings on the South end of the proposed projects shall have their address posted on the street side of the building. 11. It is requested that the buildings on the North side ofthe project have their addresses posted on a monument sign at each entrance on Cherry Lane and on the buildings in 6" numbers. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stonnwater shall be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 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 stonnwater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY LANE OFFICE PARK SUBDIVISION J (pP-03-029) 110fl4 F. Adopt the Comments/Recommendations of Meridian City Water Department as follows: 1. This property is currently supplied by a 1 inch service with a 1 inch meter setter necked down to a % inch meter. If more gallons per minute is required a 1 inch meter could be installed without excavation, G. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. All municipal surface drainage appears to be retained on site. The is acceptable to the District. 2. The District is listed to own and operate the pressure irrigation. As the District has no way of delivering a constant flow at this location, this is un?-cceptable, This issue must be resolved. 3. All laterals and waste ways must be protected. The developer must comply with Idaho Code 31-3805. H. Adopt the action of the City Council taken at their January 20,2004 meeting as follows: For clarification: 1. The applicant submitted a Revised Cherry Laue Office Park Staff Report response letter dated December 11, 2003, and which letter is on record with the Meridian City Clerk's office. 2. The applicant clarified at the January 20,2004 public hearing that the vehicle parking has been moved so that it runs north-south, this is to allow additional landscaping across the front for more depth. The landscaping between the buildings and the back property is actually 15 feet. 3. The project is designated to have four buildings, but the Preliminary Plat shows six lots on the site. The reason for that is to provide some additional landscaping where the sixth building would have been and provide additional parking stalls. In the future is this site develops, and it's a use that is very low in use, then ifthere is not a need for parking, it FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY LANE OFFICE PARK SUBDIVISION I (pP-03-029) 12 of!4 is anticipated that it would be the last site to be built (if there is no need for additional parking, then the site could be built on). NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of Fe 6 ru.d/2. r ' 2004. ROLL CALL ({) rI',- COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM.INARY PLAT CHERRY LANE OFFICE P ARK SUBDIVISION / (pP-03-029) 13 of 14 ( COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - Attest: Copy served upon Applicant, The PlalU1ing and Zoning Department, Public Works Department and City Attorney. By:JI~4-~I9-' City Clerk Dated: 2 - !t?- 01- - .... ... Z:\Work\M\Meridian\Meridian 15360M\Cheny Lane Office Park Sub PP-03-029 CUP-03-048\FlClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CHERRY LANE OFFICE PARK SUBDNISION / (pP-03-029) 14 of 14 February 5, 2004 MERIDIAN CITY COUNCIL MEETING AZ 03-031 February 10, 2004 APPLICANT Landmark Engineering and Planning, Inc. ITEM NO. ~ REQUEST Tabled Findings from 2/3/04 -- Request for annexation and zoning of 15.04 acres from RUT to R"8 zones for proposed Windsong Subdivision -- west of North Linder Road and north of West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: See attached Findings CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER OEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUt'lTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: ~~ ~ (V)rl) IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. January 31, 2004 MERIDIAN CITY COUNCIL MEETING February 3, 2004 APPLICANT Landmark Engineering and Planning, Inc. ITEM NO. AZ 03-031 REQUEST Findings - Request for annexation and zoning of 15.04 acres from RUT to R-B zones for proposed Windsong Subdivision - west of North Under Road and north of West 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: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings tv {lrJvY /0 V 't Ii 0 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. WHITE PETERSON WI-IITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVlX E DINIUS .J l'I.II; KLW": FISCII ER W~L F. GIGllA\", III T GuY H.\l.l.-\.\I' .III.I.HoUN~A WILU,\MA. MORROW \\'ILI.L\~II'. NIU I\JI_~' CIIRISTOPIIERS. NIT P J II LJP A. PETERSON TODL)A. ROSS;"I,\N TERIUCNCER. WI'IITE" NICIIOI"\S L. WOLl.EN ATTORNEYS AT LAW NAMPA OFFICE 5700 E. l'RANKUN RD.. SUITE "00 NAMPA. I[MHO X3653.S~()" "1'1:1. nOS) 46(,.<)271 FAX (~OX) ~M+IO) 'Abu admitted in OR ,. AI~() admitted in \VA E February 2, 2004 FEB 0 3 2004 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 City Of Meridiar! Ci(v Clerk Office Rc: LANDMARK ENGINEERING & PLANNING, INC. FOn WINDSONG SUBDIVISION / ANNEXATION AND ZONING FINDINGS / AZ ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER I AZ-03-031 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of January 20, 2004, and which are on an upcoming Council agenda. Also, please find enclosed the above AZ Ordinance and the Certification ofthe Clerk for the annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application 1'01" Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approval. If you h8ve allY questions arise, please advise. Very truly yours, Wm. F. Nichols Z:\Work\M\Mcridiall\Mcridiall J5360M\WilldsOllg Sub AZ-03-031 PP-03-037\FFCL and ORD and SUM ORD Clerk Ltr 0202 04.doc BEFORE THE MERIDIAN CITY COUNCIL C/C 01/20/04 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 15.04 ACRES TO ) R-8 FOR PROPOSED WINDSONG ) SUBDIVISION, ) ) LANDMARK ENGINEERING & ) PLANNING, INC., ) APPLICANT Case No. AZ-03-031 FINDINGS OF FACT AND CONCLUSIONS OF LA \V AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on January 20,2004, at the hour of7:00 p.m., and Brad Hawkins-Clark Assistant Planner for the Planning and Zoning Department, Cllnt Boyle, Joan Rath, Becky Mc Kay, and Brad Watson, appeared and testif~ed, and the City Council haVing duly considered the evidence and the record in th i s matter there fore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance \vith all notice and hearing requirements set forth in Idaho Code S~ 67-6509 and 67-6511, and Meridian City Code ~~ 11-15-5 and 11-10-]. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan ofthe City of Meridian adopted August 6, 2002, FJNDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR WIND SONG SUBDIVISION - (A2-03-031) PAGE 1 OF 13 Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 15.04 8cres in size and is approximately 300 feet north of Ustick Road and approximately 600 feet west of Linder Road, within Section 35, Township 4 North, Range 1 West, Meridian, Idaho, all within the Area of Impact of the City of Meridi8n and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The parcel oflandis contiguous to the existing city limits of the City of Meridian. 5. The owner ofrecord of the subject property is Stubblefield Construction Company to whom John Stubblefield is an aLlthorized agent, who has provided notarized consent for Landmark Engineering & Planning, Inc., to submit the subject applications. The applicant is Landmark Engineering & Planning, lne. 6. The property is presently zoned RUT (Ad8 County) and is currently vacant. 7. The Applicant requests the property be zoned as R-8 (Meclium Density Residential). 8. The subject property is bordered to the north by agriculture/approved Watersong Subdivision - zoned R-8, south by agriculture/future ACI-ID Poncl Site - zoned R-l (Ada County), to the east by agriculture with a single-family home - zoned RUT (Ada County), and to the west by agriculture/approved Bridgetower Crossing Subdivision ~ zoned R-4. 9. The Applicant proposes to develop the subject property in the following manner: a residenti al subd i vi sion 'vvi th sixty-six bui Idable lots and two common lots. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING FOR W[NDSONG SUBDIVISION - (AZ-03-03 I) PAGE 2 OF 13 10. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map, as noted in the Staff report. The Future Land Use Map designates the subject property as Medium Density Residential. II. The Creason Lateral lies contiguous to the south boundary of the subject property and is a feature that will need to be protected. 12. Gi v i ng due considerati on to the comments recei ved from the governmental subdivisions providing services in the City 0 f Meri d i an p lann i ng j urisdic ti on, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions 0 f development are imposed: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: I. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells maybe used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. One and two family dwellings will require a fire-flow of! ,000 gallons per minute <1v<1i lable for duration of2 hours to service the entire project. Fire hydrants shall be placed an avcragc 01' 400' apart. 2. Acceptance test of tile water supply for water quality must be completed before eombustible construction begins. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. FINDfNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR WINDSONG SUBDIVISION - (AZ-03-031) PAGE 3 OF 13 4. The phasing plan may require that any roadway greater than] 50' 11l length that is not provided with all outlet shall be required to have" turn around. 5. All roads shall h<1ve a turning radius of 28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street Signs are required before combustible construction begins. 7. A minimum of two points of access will be required for any portion of the project, \-vhich serves more than 50 homes. The cumulative effect of the adjacent subdivision should be included in this calculation. 8. 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. C. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval I. Construct Sirocco Avenue to offset Timberlakes Way a 1111111mUm of125-feet (measured centerli ne to centcrl i ne). 2. Extend Timberlakes Way from the north property line approximately ll5-l'eel east 01' the west property line, as proposed. 3. Extend Crossland Drive from the west property line approximately 465-feet north 01' the south prope11y line, as proposed. 4. Construct a stub street to the east property line approximately lIS-feet south of the north property line, as proposed. Install a sign at the terminus of'thc roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct a stub street to the east property line approximately 385-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct the internal roadways as 36-foot street sections with curb, gutter and 5-foot concrete sidewalks within 50-feet of right-of-way, as proposed. 7. Comply with all 11 Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR WINDSONG SUBDIVISION - (AZ-03-031) PAGE 4 OF 13 D. Adopt the action of the City Council taken at their January 20,2004 meeting as follows: For clarification: [. The applicant shall work with the adjoining property owner to the north, to provide some type of electric fencing to keep the adjoining property owners livestock within their own pasture. 2. For the perimeter fencing, the applicant shall be allowed the option of either solid or semi-private fencing, similarto Bridgetower's semi-private fencing, with approval by the Planning and Zoning Department. 13. It is fOLlne! in Chapter VII of the Comprehensive Plan, "medium density" is defined as areas including single-family homes at densities of three to eight dwelling units per acre. It is found that the requested zoning .designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plal1 and Future Land Use Map, which designates the subject property as "Medium Density Residential." ] 4. Concurrent with the annexation and zoning application, the appIic8nt has submitted a prel iminary plat proposing single-family lots on the subject site (Windsol1g Subdivision, PP-03-037). It is not anticipated that the applicant intends to rezone the subject property in the future. I 5. It is found that the proposed, concurrenL, resident i 81 subd i vision could be allowed vv'ithin the requested R-8 zone. 16. Several residential developments in this area are changi ng the hi storicalt y 8gricu I lural nature ofthe area to be urban residential. It is found that the subject site is proposed for development in a fashion similar to other properties in the area. However, neither section of Linder Road nor Ustick Road abutting this site are currently within ACHD's Five Year Work Project or Capital Improvements Plan. Other urban services, such as sewer and water, are near to this site and the FINDiNGS OF FACT AND CONCLUSIONS OF LAW AND DEcrSION AND ORDER GRANTING APPUCA TION FOR ANNEXATION AND ZONING FOR WINDSONG SUBDiVISION - (AZ-03-031) PAGE50F13 applicant should be able to extend such services to the site. 17. It is found that the proposed R-8 zoning and subsequent residential use proposed with the concurrent preliminary plat match the intended character 0 r the vi cin i ty, as noted on the Future Lane Use Map in the Comprehensive PLan. It is also found that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character ofthe surrounding area. The existing character of the area wilL and is, currently chaning, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. It is not found that the proposed zoning/uses will adversely change the essential character 0 f the area. 18. Due to other existing and proposed uses near the site, it is not anticipated that the proposed zOlli ng/uses ,vi I I be hazardous to future or ex i sting uses or neighbors in the area. ] 9. The Meridian Fire Department has submitted a list of conditions and needs in order to adequately serve the project, and which conditions and needs are listed above at number 12 B. Water and sanitary sewer service to this development is proposed to be extended from existing/or mains being installed I n adjacent subdivisions. The ACHD is recommending, with site-speciJ~c and standard conditions, approval of the subject development. 20. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. It is found that there will not be excessive additional requirements at public cost and that the rezone wi II not be detrimental to the communi ty' s econom ic \Vel fare. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA TJON AND ZONING FOR WINDSONG SUBDIVISION - (AZ-03-031) PAGE 6 OF 13 21. It is found that the proposed residential zoning/uses will not be detrimental to people, property or the general welfare of the area. It is recognized that traffic and noise will increase with the approval of this subdivision; however, it is not believed that the amount generated \vill be detrimental to the general welfare of the public. It is not anticipated the proposed annexation and subseq uent uses wi II create excessi ve noise, smoke, fumes, glare or odors. 22. The subject site does not have any vehicular approaches to the site from nearby arterial or collector roads. This site must rely on the construction and conveyance of stub streets from the north and west for access. The extension of these stub streets, will allow traffic to disperse without creating interference on public streets in the area. Review of the ACHD report for this project will provide additional information, 23. The Creason Lateral lies contiguous to the south boundary ofthe subject property and is a feature that will need to be protected. Any existing trees larger than 4" caliper that are removed shall be m it i gated for, per the Landscape Ordi nance. 24. It is found that the annexation of this property would be in the best interest of the City. 25. It is fou nd that if the cleve loper pays for the req LI ested improvemen ts and complies with the conditions set forth in these Findings of Fact No. ] 2, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 27. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR \VINDSONG SUBDIVISION - (AZ-03-03 I) PAGE 7 OF 13 development is desi gned, constructed, operated andma i ntai ned in a manner wh i chis hanl10n ious and nppropri8te in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW ]. The City of Meridian has authority to annex real property upon written request for annexation and the real propcl-ty being contiguous or adjacent to city boundaries and that said propcrty lies within the area of city impact as provided by Idaho Code Section 50-222. The M erid ian City Code ~ 11.16 provides the Ci ty may annex real property that is wi th i n the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The COllncil may take judicial notice of government ordinances, and policies, and of actual condi tions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codi fied at Chapter 65, Title 67, Idaho Code by the nc!optiol1 of the Amended Comprehensive Pbn City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The zoning of (R.8) Medium Density Residential is defined in the Zoning Ordinance at ~ ] 1-7-2 D as follows: (R-8) lVIedium Densitv Residential District: The purpose of the R-8 District is to permit the establishment of single-and two-family dwellings at a density not exceeding eight (8) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA TION AND ZONING FOR WINDSONG SUBDIVISION - (AZ-03-031) PAGE 8 OF 13 dwclling units per acrc. This District delineates those arcas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land IS a legislative function, the City has authority to place conditions upon the annexation of land. Sec Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping or ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 1] -16-4 A ofthe Zoning and Deve]opment Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LA \V, the City COllncil does hereby Order and this does Order: I. The applicant's req uest for annexation and zoning 0 f approximately] 5.04 acres to Medium Density Residential (R-8), is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 15.04 acres. The legal description FINDINGS OF FACT AND CONCLUSIONS or LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR WINDSONG SUBDIVISION - (A2-03-03I) PAGE 9 OF 13 shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Comments and Recommendations of the Mel"idian Planning & Zoning Department as follows: 1. Remove any existing domestic wells fltld/or septic systems within this projcct from their domesti:: service per City Ordinance Section 5-7-5 [7. Wells may be used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: I. One and two family dwellings will require a fire- flow of 1 ,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed all average of 400' apart. 2. Acceptance test of the water supply for water quaLity must be completed before combustible construction begins. 3. Final approval of the fire hydrant locations shall be by the Merid ian Fire Department. 4. The phasing plan may require that any roadway greater than 150' 111 length that is not provided with an 0 LI tlet sha II be reg u i red to have a turn aro und. 5. AI] roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required bc10rc combustible construction begins. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR WIND SONG SUBDIVISION - (AZ-03-031) PAGE 10 OF 13 ~ 7. A minimum of two points of access will be required for any portion oftheproject, which serves more than 50 homes. The cumulative effect of the adjacent subdivision should be included in this calculation. 8. 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. D. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval L Construct Sirocco Avenue to offset Timberlakes Way a minImum of125-JCct (measured centerline to centerline). 2. Extend Timberlakes Way from the north property line approximately liS-feet east of the west property line, as proposed. 3. Extend CFo_ssland Drive from the west property line approximately 465-feet north of the south property line, as proposed. 4. Construct a stub street to the east property line approximately lIS-feet south of the north property line, as proposed. Install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct a stub street to the east property line approximately 38S-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE", 6. Construct the internal roadways as 36-foot street sections with curb, gutter and 5-1ool concrete sidewalks within 50-feet 0 f right-o f-way, as proposed. 7. Comply with allll Standard Conditions of Approval. D. Adopt the action of the City Council taken at their January 10,2004 meeting as foJlo....vs: For clarification: ]. The applicant shall work with the adjoining property owner to the north, to provide some type of electric fencing to keep the adjoining property owners livestock within their own pasture. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTJNG APPLICATION FOR ANNEXATION AND ZONING FOR WIND SONG SUBDIVISION - (AZ-03-031) PAGE I I OF 13 2. For the perimeter fencing, the applicant shall be allowed the option of either solid or semI- private fencing, similar to Bridgetower's semi-private fencing, with approval by the Planning and Zoning Department. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis Order the engi neeri ng staff 0 f the Pub lic Works Department shall prepare the appropri ate mapping changes of the officia I boundaries and zoning maps as provided in Meridian City Code 9 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to ldaho 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 Revic\v may be fi led. Please take notice that this is a final action of the governing body of the City o[Meridian. Pu rSLl ant to Id8ho Code S 67-6521 an affected person is a person \:vho has an interest I n real property which may be adversely affected by the issuance or denial of the annexation and zoning and \vho may within twenty-eight (28) days after the date of this decision and order seek ajuc1icial rcvie\v as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held 011 the I () (!:- clay of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLTCA TION FOR ANNEXATION AND ZONING FOR WINDSONG SUBDIVISION - (AZ-03-031) PAGE 12 OF13 ~~rut:blr ROLL CALLO ,2004. COUNC]LMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED ~ COUNCILMAN CHARLIE ROUNTREE VOTED_~ COUNCILMAN KEITH BIRD VOTED~ MA YOR TAMMY de WEERD (TIE BREAKER) DATED: Z -/ P-tJ +- MOTION: APPROVED:~ - VOTED DISAPPROVED: Attest: By:.JIia.--;,,{!/j~rJ Dated City Clerk SEAL ~ - William G. Berg, Jr., Cit Clerk '" &Qu ....di' .D s ~ 'fA 'Sr 16'\ . ....:~ $ 'l VA <"V"" '"' ...... '1 () ~' " Copy served upon Applicant, the Plannil{~J)}TO~ D~l9'l:)\-tmel1t, Public Works Department and the City Attorney. 1111/'1111111111\\\ \ \ \ \" 1111 Jill/ / ,II ~ 11/ ",\\ ~I Of n:1!:.f;:ti,llll/ " :\ '\ u j_ <.. ,,,'-' a ~'''~ r;.. 2' cpfl.POlVt/'; ~ ~ A-::: ~ <6 ~ 2 -lo-tJ~ ~ ~ Z:\Work\M\i'vlcndial1\i'vlcri<hanI5J6(Ji'v1\WmdsongSubAZ-03-031 1'1'.(J3-037\AZFtCl&Order.doc \. ;:: \~<:> ...#.0 f ~:O <;; r 1s1 . x~-" ...~... CA? ~ ,,,'" //11 COf 'NT"! ~ I'"~ III V l' \\\ ""III11 11111"\\\ FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA"nON AND ZONING FOR WrNDSONG SUBDIVISION - (AZ-03-03 [) PAGE J3 OF 13 February 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Wardle and Associates R Z 03-009 February 10, 2004 ITEM NO. ~ REQUEST Findings -- Request for a Rezone of 6.39 acres from C-N to R-8 zones for proposed Stapleton Subdivision -- 3680 West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CiTY ATTORNEY See otfoched Findings 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: vV ~ MERIDIAN POST OFFICE: OTH ER: Contacted: Emailed: Date: Stoff Initials: Phone: Materials presenled at public meetings shall become properly of the city of Meridian. n 6 interoffi ce MEMORANDUM - IVleridian Clerk Office' To: William G. Berg, .II'. From: Wm. F. Nichols Subject: Stapleton Subdivision by: Wardle & Associate - Case No. RZ-03-009 Date: February 6, 2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF REZONE, pertaining to the above matter. Please note this application was denied at the City Council meeting of January 27,2004. These Findings are now ready to be placed upon an upcoming City Council agenda. If you have any questions please advise. !\Worki'vl\iVkn{han\i'vlcridlan 153(1()M\Stapklllll Sub ('I'A-03-D03 RZ-03-009 1'1'-03-0 19 (,UP-03-034\Bcrg AZ DCl1Ial Memo 02 05 04.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR REZONE OF 6.39 ACRES FROM C-N TO R-8 ZONE FOR PROPOSED STAPLETON SUBDIVISION, LOCATED AT 3680 WEST USTICK ROAD, MERIDIAN, IDAHO WARDLE AND ASSOCIATE, APPLICANT C/C 01-27-04 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. RZ-03-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF REZONE The above entitled rezone application having come on for public hearing on October 21,2003, and continued until November 5,2003, December 9,2003, December 16, 2003, and January 27,2004, at the hour of7:00 o'clock p.m., Brad Watson City Engineer for the Public Works Department, William Banko, and Jake Centers, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezone was published for two (2) consecutive weeks prior to said public hearing scheduled for October 21,2003, and continued until November 5,2003, December 9,2003, December 16,2003, and January 27,2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER OF DENIAL OF REZONE - STAPLETON SUBDIVISION - (RZ-03-009) Page I ofS boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service alUl0uncements; and the matter having been duly considered by the City Council at the October 21, 2003, and continued until November 5,2003, December 9,2003, December 16,2003, and January 27,2004, public hearing; and the applicant, affected property owners, and govenunent subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. - 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 9967-6509 and 67-6511, and 9911-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan ofthe City of Meridian adopted August 6,2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 6.39 acres in size and the subject rezone property is located at 3680 W. Ustick Road, Meridian, Idaho. The property is designated in the Comprehensive Plan as Mixed-Use Wastewater Treatment Plant. 5. The owner ofrecord of the subject property is Betty Lou Britton, 3680 W. Ustick Road, Meridian, Idaho 83642. 6. Applicant is Jonathan Wardle, Wardle & Assocaites, 4940 E. Mill Station Drive, FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL OF REZONE - STAPLETON SUBDIVISION - (RZ-03-009) Page 2 of8 Suite 100, Boise, Idaho 83716. 7. The property is presently zoned by C-N (Neighborhood Business District) and consists of one single-family dwelling with a pasture. 8. The Applicant requests the property be zoned as R-8 (Medium Density Residential). 9. The subject property is bordered to the northeast by the Nine Mile :prain and the Wastewater Treatment Plant to the north of the drain (zoned I-L), to the south by Dakota Ridge Subdivision (zoned R-4), to the east by an existing single-family residence (zoned R-2), and to the west by an agricultural parcel (zoned RUT, Ada County). 10. The Applicant proposes to develop the subject property in the following manner: Forty new residential lots, one existing residential lot, and seven common lots on 6,39 acres in an R -8 zone. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The City Council recognizes the opposition letters which have been entered into public record from Wendel Bigham, Joint School District No.2 dated July 9,2003; Tara Parsons dated October 16,2003, and the approval letters which have been entered into public record for the Stapleton Subdivision from Claudina Engle dated September 16, 2003, and Ruth Wilkins dated September 15,2003. 13. The Applicant requests zoning of the subject real property as R-8, which is consistent with their application for a comprehensive plan amendment, but said comprehensive plan amendment was denied, (Case No. CP A-03-003), as the residential uses with a Conditional Use Permit within the mixed use WWTP designation would require an amendment to the FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER OF DENIAL OF REZONE - STAPLETON SUBDIVISION - (RZ-03-009) Page 3 of8 Comprehensive Plan as determined by City ordinance. The current Comprehensive Plan prohibits any new residential uses within the area designated as Mixed-Use Wastewater Treatment Plant on the Future Land Use Map, and the proposed development does not comply with the current Comprehensive Plan, and thus the CPA was denied by City Council at their January 6, 2004 meeting. 14. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the wastewater treatment plant, an industrial use in the immediate vicinity. 15. Additional information is needed on whether noise and odor from the wastewater treatment plant would affect the proposed residential uses. 16. The existing zoning for the property (C-N Neighborhood Commercial), and the property's location on an arterial (Ustick Road), result in the property having economic value. 17. When the applicant acquired an interest in the property, the applicant was aware that the zoning designation of the property prohibited residential development, and the applicant was aware that the Comprehensive Plan Map designation precluded residential development. 18. The applicant has not provided sufficient information to show why the request to rezone the property in opposition to the designation in the Comprehensive Plan should be granted. 19. The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. 20. It is not in the best interests of the City of Meridian to rezone this property. CONCLUSIONS OF LAW 1. The City of Meridian has authority to rezone real property upon written request FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL OF REZONE - STAPLETON SUBDIVISION - (RZ-03-009) Page 4 of8 for rezone. 2. The City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3, The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The requested zoning of Medium Density Residential (R-8) is defined in the Zoning Ordinance at 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion oflarge homes into two-family dwellings in well- established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 5. Idaho Code S 67-6511(c) provides in matters where the City Council is considering a zoning designation application as follows: "lfthe request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction, the governing board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code. After the plan has been amended, the zoning ordinance may then be considered for amendment pursuant to section 67-6511(b), Idaho Code." 6. The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Article XII ~ 2 of the Constitution of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL OF REZONE - STAPLETON SUBDIVISION - (RZ-03-009) Page 5 of8 State ofIdaho. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: 1. That the application for rezoning is denied for the following reasons: a. The Applicant requests zoning of the subject real property as R-8, which is consistent with their application for a comprehensive plan amendment, but said comprehensive plan amendment was denied, (Case No. CPA-03-003), as the residential uses with a Conditional Use Permit within the mixed use WWTP designation would require an amendment to the Comprehensive Plan as detennined by City ordinance. The current Comprehensive Plan prohibits any new residential uses within the area designated as Mixed-Use Wastewater Treatment Plant on the Future Land Use Map, and the proposed development does not comply with the current Comprehensive Plan, and thus the CPA was denied by City Council at their January 6,2004 meeting. b. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the wastewater treatment plant, an industrial use in the immediate vicinity. c. Additional information is needed on whether noise and odor from the wastewater treatment plant would affect the proposed residential uses. d. The existing zoning for the property (C-N Neighborhood Commercial), and the property's location on an arterial (Ustick Road), result in the property having economic value. e. When the applicant acquired an interest in the property, the applicant was aware that the zoning designation of the property prohibited residential development, and the applicant was aware that the Comprehensive Plan Map designation precluded residential development. f. The applicant has not provided sufficient information to show why the request to rezone the property in opposition to the designation in the Comprehensive Plan should be granted. g. The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER OF DENIAL OF REZONE - STAPLETON SUBDIVISION - (RZ-03-009) Page 6 of8 h. It is not in the best interests ofthe City of Meridian to rezone this property. 2) Based upon the section set forth in item no. 1 the application for zoning designation is dismissed. 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 reg1Jlatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. -II.. By action of the City Council at its regular meeting held on the (tJ - day of ~6-rtl ~;- ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED fie^- COUNCILMAN BILL NARY VOTED ~P- FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER OF DENIAL OF REZONE - STAPLETON SUBDIVISION - (RZ-03-009) Page 70f8 COUNCILMAN CHARLIE ROUNTREE VOTED_~ COUNCILMAN KEITH BIRD VOTED ~ MAYOR TAMMY de Weerd (TIE BREAKER) DATED: 2-1f}-(!JF - VOTED APPROVED: x~ DISAPPROVED: MOTION: Bydi~A~r ~ City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Departm~\li~tlJfJ' \ \ \ II '/'1 and the City Attorney. ., ,\\~~ Of MEA''':'!!.. ....,... A. " .~..,N , ~.... ~, .~': ~ (1 O\\PORA.....;>' [ ~0 'f,-~\ Dated: 2 -I tJ - t7 1- ~ Q1,;.-, r-; u 5~~I:.'~.:, .~. : ..~ / 7.:" , ... (/r\ ~'--, .' ," ~ -d "<.:/'uiS' " " '"0\,.1 -;. '6 r 15\ . ,(.'" ~ ':"fC ...-('0'" /.... \v '-'.'" /( 01/r..n-"{ " . Z:\ Work\M\Meridian\Meridian I 5360M\Slapleton Sub CP A-03-003 RZ-03-009 PP-03.0 19 CUP-03-034\RZ Denial Findings,dol',;;, ,'. .~ I ',i . ,\ ,,:,,. '/:-J~~ :) ~.;j.-;\\\I FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL OF REZONE - STAPLETON SUBDIVISION - (RZ-03-009) Page 8 of8 February 5, 2004 MERIDIAI'J CITY COUNCIL MEETING APPLICANT Wardle and Associates P P 03-01 9 February 10, 2004 ITEM NO. (J)-1, REQUEST Findings -- Request for Preliminary Plat approval of 40 building lots and 7 other lots on 5.93 acres in a proposed R-8 zone for proposed Stapleton Subdivision -- 3680 West Ustick Rood AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: See attached Findings CITY SEWER DEPT: CITY PARKS DEPT: ~ ~ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS I RR1GA TION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted' Emailed: Date:~ Phone: (~Z-&Hi) x2fO C&rt-- Staff Initials: ~ eetings shall become property of the CjkJof Meridian. 06 interoffice City Of Meridian Pl't {1l '1' t,1 'Y '_del c> MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: STAPLETON SUBDIVISION BY WARDLE & ASSOCIATES / PP-03-019 Date: February 6, 2004 Will: Pursuant to City Council's action at their January 27.2004, meeting. pertaining to the Preliminary Plat application by Wardle & Associates for the proposed Stapleton Subdivision, and Council's denial therc:of: please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELlM]NARY PLAT in Stapleton Subdivision. This may be presented to the Mayor to obtain her signature onl" after the City Council takes action adopting the Findings of Fact and Conclusions of Law and Decision and Order of Denial in Case No. RZ-03-009. After YOLl have executed the Findings please present copies to the Applicant, Planning and Zoning, Public Works and the City Attorney. If you have any questions please advise. L \\'''rk\,\I~kndl;Jn:\knLiial1 I 53()Oivl',swplclOl1 Sub ("1'1\-03-003 R7-()3-1)()9 1'1'-03-019 CUl'-03.034\Clcrk Denial PI' IvIcmo 02 05 04.t1oc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE j\/IATTER OFTHE REQUEST ) FOR PRELIMINARY PLAT FOR ) ST Al)LETON SUBDIVISION ) ) ) ) ) ) ) ) vV ARD LE & ASSOCIATES, DEVELOPMENT, LLC APPLICANT CIC 01-27-04 CASE NO. PP-03-019 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMIARY PLAT The above entitled matter coming on regu]arly for public hearing before the City Council on October 21,2003, and continued until November 5, 2003, December 9,2003, December 1 G, 2003, and January 27,2004, at the hOLlr of7:00 0 'clock p.m., at the Meridian City Hall, 33 East Idaho, Meri d ian, ld aho, and the City Counci I takes j lid i cia I notice 0 fits action of the den i a I 0 f the application for rezone in Case No. RZ-03-009, and the hearing was opened 011 the preliminary plat application and Brad Watson City Engineer for the Public Works Department. William Banko, and Jake Centers, testified at the hearing, and the City COllnci I based upon its Findings of Fact and Conclusions of Law and Decision and Order in Case No. RZ-03-009 clocs hereby deny the application for preliminary plat approval. FINDINGS OF FACT I. It is found that the Recommendation To City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the FrNDfNGS OF FACT AND CONCLUSIONS OF LA'vV AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR STf\PLETON SUBDtV!SION BY: WARDLE 8.:. ASSOClA TES (PP,03-0 19) PAGE I OF 5 preliminary plat due to the denial of the rezone in Case No. RZ-03.009 due to the following: I. That the application for ]xeliminary plat is denied for the following reasons: a. The Applicant requests zoning of the subject real property as R-8, which is eonsistent with their application for a comprehensive plan amendment, but said comprehensive plan amendment was denied, (Case No. CPA-03-003), as the residential uses with a Conditional Use Permit within the mixed use WWTP designation would require an amendment to the Comprehensive Plan as determined by City ordinance. The current Comprehensive Plan prohibits any new residential uses within the area designated as Mixed-Use Wastewater Treatment Plant on the Future Land Use Map, and the proposed development does not comply with the current Comprehensive Plan, and thus the CPA was denied by City Council at their January 6,2004 meeting. b. Resideutialuscs in the density proposed Cor this property by the applicant would likely be incompatible with the waste\vater treatmcnt plant, an industrial use in tbe immediate vicinity. c. Additional information is needed on whether noise and odor from the wastewater treatment plant would affect the proposed residential uscs. d. The existing zoning for the property (C-N Neighborhood Commercial), and the property's location on an arterial (Ustick Road), result in the property having economic value. e. When the applicant acquired an interest in the property, the applicant was aware that the zoning designation of the property prohibited residential development, and the applicant was aware that the Comprehensive Plan Map designation precluded residential development. f. The applicant has not provided sufficient information to show why the request to rezone the property in opposition to the designation in the Comprehensive PJan should be granted. g. The applicant has not provi cled su fficient in formation as to the com pat i b i lit Y of residential zoning in this particular area. h. It is not in the best interests of the City of Meridian to rezone this property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR STAPLETON SUBDIVISION BY: WARDLE & ASSOCIATES (pP-03-0 19) PAGE 2 OF 5 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12-]-5 and based upon the above and lorcgoing Findings of Fact which arc hLTcin adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial oC the rezone in Case No. RZ-03-009 the Council does hereby deny the application for preliminary plat approval Cor the following reasons: ]. That the ap.plication for preliminary plat is denied for the following reasons: a. The Applicant requests zoning of the subject real property as R-8, which is consistent with their application for a comprehensive plan amendment, but said comprehensive plan amendment was denied, (Case No. CP A-03-003), as the residential uses with a Conditional Use Permit within the mixed use WWTP designation would require an amendment to the Comprehensive Plan as determined by City ordinance. The current Comprehensive Plall prohibits any new rcsiclenti al uses wi th in the area designated as Mix ed-U se \V ~lstcwcll('r Treatment Plant on the Future Land Use Map, and the proposed development does not comply \-\lith the current Comprehensive Plan, and thus the CPA was denied by City Council at their January 6, 2004 meeting. b. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the wastewater treatmenl plant, an ind ustrial use in the i mmed iate v icin i ty. c. Additional information is needed on whether noise and odor from the wastewater treatment plant would affect tlle proposed residential uses. d. The existing zoning for the property (C-N Neighborhood Commercial), and the property's location on an arterial (Ustick Road), result in the property having economic value. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR STAPLETON SUBDIVISION BY: WARDLE & ASSOCIATES (pP-03-0 19) PAGE30F5 e. When the applicant acquired an interest ill the property, the applicant was aware that the zoning designation of the property prohibited residential development, and the applicant was aware that the Comprehensive Plan Map designation precluded residential development. r. The applicant has not provided sufficient information to show vvhy the request to rezone the property in opposition to the designation in the Comprehensive Plan should be granted. g. The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. h. [t is not in the best interests of the City ofIVleric1ian to rezone this property. 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 reqLlest a regulatory taking analysis. Such request must be in writing, and must be filed with thc City Clcrk 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 8 final action of the governing body ofthc City of fvIcridian, purstlantto Idaho Code ~ 6 7-()52 I. An affccted person being a pcrson \vho has an interest in real property which may be adversely affected by this decision may, within t\Vellly- eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR STAPLETON SUBDIVISION BY: WARDLE & ASSOCIATES (PP-03-0 19) PAGE40F5 ...f'A By action of the City Council at its regular meeting held on the if) day of ~~ ,2004. Copy served upon Applicant, the Planning and Zoning Department, Public Worl~~.D~!:5L~.lttOJJ1nt . ~ -M~ ~ and CIty Attorney. ....'\\ _lor L., jlt)~ "/,. ,.... .,(~ .A 'l ,~Ct''' ~Of?' -;/;, ~ ,I. .:;:' ~o ''''I~6 ~ By~~ k4 ().. Dated 2-/0-P4- f ~ ~ City Clerk' I" , :: " FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR STAPLETON SUBDIVISION BY: WARDLE & ASSOCIATES (PP-03-0 19) PAGE 5 OF 5 February 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Wardle and Associates CUP 03-034 February 10, 2004 ITEM NO. (,-~ REQUEST Findings MM Request for a CUP for a PD for a 41 lot sub to include a reduction in min. size lots, size of homes, min square footage on main floor of multi-level homes, & setbacks in proposed R-8 zone for proposed Stapleton Subdivision -- 3680 West 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: See cttcched Findings CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY vvU 011yt) CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: fl r U IJ interoffice MEMORANDUM ------- City Of Meridian eJl" (". '~'lel,l~ "--' o.--,.Y <..,...! - ..r:... To: William G. Berg, Jr. From: Wm. F. Nichols Subject: STAPLETON SUBDIVISION BYW ARDLE & ASSOCTA TES / CUP-03-034 Date: February 6, 2004 Will: Pursuant to City Council's action at their January 27,2004, meeting, pertaining to the Rezone application by Wardle & Associates for the proposed Stapleton Subdivision, and Council's denial thereof, 1~lease find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERM IT in Stapleton Subdivision. This may be presented to the Mayor to obtain her signature only after the City Council takes action adopting the Findings of Fact and Conclusions of Law and Decision and Order of Denial in Case No. RZ-03-009 and then action upon Case No. PP-03-019. After YOll have executed the Findings please present copies to the Applicant, Planning and Zoning, Public Works and the Ci ty Attorney. If you have any questions please advise. (\Work\M\;VleridiQn\Meridmn I 53(JOM\SlaplclOIl Sub CI' A-03-003 RZ-03-009 1'1'.03-019 CUI'-03-034\Clerk Deniol CUI' MelllO 02 05 04.doc BEFORE THE CITY COUNCIL OF THE CITY OF lVIERIDIAN IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT ) FOR A PLANNED DEVELOPMENT ) FOR STAPLETON SU I3DfVISION ) ) ) WARDLE & ASSOCLL\. TES, ) ) APPLICANT ) ) C1C 0]-27-04 CASE NO. CUP-03-034 FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERiVIlT The above entitled matter coming on regularly for public hearing before the City Council on October 21, 2003, and continued until November 5, 2003, December 9, 2003, December 16, 2003, and January 27,2004, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City Counci I takes judicial notice of its action of the denial of thc 8pplic8tion for rezone in Case No. RZ-03-009, and the hearing \V8S opened on the conclitiOl181 use permit 8pplication and Brad W8tson City Engineering for the Public Works Departmcnt, William Banko, and Jake Centers, testified at the hearing, and the City Council based Llpon its Findings of Fact 8nd Conclusions of Law and Decision and Order in Case No. RZ-03-009 does hereby deny the application for conditional use permit approv81. FINDINGS OF FACT 1. It is found that the Recommendation To City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR WARDLE & ASSOCIATES FOR STAPLETON SUBDIVISION (CUP-03,034) PAGE I OF 5 conditional use permit due to the denial of the rezone in Case No. RZ-03-009 due to the following: 1. That the application for conditional use permit is denied for the iollowing reasons: a. The Applicant requests zoning of the subject real property as R-8, which is consistent with their application for a comprehensive plan amendment, but said comprehensive plan amendment was denied, (Case No. CP A-03-003), as the residential Llses with a Conditional Use Permit \vithin the mixed use WWTP designation would require an amendment to the Comprehensive Plan as determined by City ordinance. The current Comprehensive Plan prohibits any new residential uses within the area designated as Mixed-Use Wastewater Treatment Plant on the Future Land Use Map, and the proposed development does not comply with the current Comprehensive Plan, and thus the CP A was denied by City Council at their January 6,2004 meeting. b. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the wastewater treatment plant, an industrial use in the immediate vicinity. c. Additional information is needed on whether noise and odor Crom the wastewater treatment plant wou I cI a ffecL the proposed resi denti a I L1ses. d. The existing zoning for the property (C-N Neighborhood Commercial), and the property's location on an arterial (Ustick Road), result ill the property hewing economic value. e.When the applicant aequired an interest in the property, the applicant was aware that the zoning designation of the property prohibited residential development, and the applicant was aware that the Comprehensive Plan Map designation precluded residential development. f. The applicant has not provided sufficient information to show why the request to rezone the propeliy in opposition to the designation in the Comprehensive Plan should be granted. g. The applicant has not provided sufficient infol-Illation as to the compatibility of residential zoning in this particular area. h. [t is not in the best interests of the City of Meridian to rezone this property. FINDINGS OF FACT AND CONCLUSIONS OF LA 'IN AND DECISlON AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR \VARDLE & ASSOCIATES FOR ST;\PLETON SUBDIViSION (CUP-03-034) PAGE:2 OF 5 (' DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12-3-5 and based upon lhe above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the rezone in Case No. RZ-03-009 the Coullcil does hereby deny the application for conditional use perm i t app roval 1'01' the 1'ollO\vi ng reasons: ]. That the application for conditional use permit is denied far the 1'01 lowing reasons: a. The Applicant requests zoning of the subject rea! properly as R-8, which is consistent with their application for a comprehensive plan amendment, but said comprehensive plan amendment was denied, (Case No. CP A-03-003), as the residential uses with a Conditional Use Pennit within the mixed use WWTP designation would require an amendment to the Comprehensive Plan as determined by City ordinance. The current Comprehensive Plan prohibits any new residential uses within the area designated as Mixed-Use Wastewater Treatment Plant on the Future Land Use Map, and the proposed development does not comply with the current Comprehensive Plan, and thus the CPA was denied by City Council at their January 6, 2004 meeting. b. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the \vastewater treatment plant, an industrial use in the immediate vicinity. c. Additional information is needed on whether noise and odor from the wastewater treatment plant would affect the proposed residential uses. d. The existing zoning for the propeliy (C-N Neighborhood Commercial), and the property's location on an arterial (Uslick Road), result in the property having economic value. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISrON AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR WARDLE &: ASSOCIATES FOR STAPLETON SUBDfVISION (CUP-03-034) PAGE 3 OF 5 e. When the applicant acquired an interest in the property, the applicant was aware that the zoning designation of the property prohibited residential development, and the applicant was aware that the Comprehensive Plan Map designation precluded residential development. f. The applicant has not provided sufficient information to show why the request to rezone the property in opposition to the designation in the Comprehensive Plan should be granted. g. The applicant has 110t provided sufficient information as to the compatibility ofresidel1tial zoning in this particular area. h. It is not in the best interests of the City of Meridian to rezone this property. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby noti fied that pursuant to Idaho Coele 67-8003, the O\\'l1cr may request a regu I atory taki ng anal ysi s. Such req uest III ust be in \\Ti t i ng, and mllst be r~ I eel with the City Clerk not 1110re 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 t.ake 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) clays after the date of this decision ancl order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR WARDLE & ASSOCIATES FOR STAPLETON SUBDIVISION (CUP-03-034) PAGE 4 OF 5 //J~ By action of the City Council at its regular meeting held on the Lday of r:ebru~'J- ,2004. Copy served upon Applicant, the Planning and Zoning Department, Public Works DS.H\~IIHll~W . \\\ .. III1 and City Attorney. ~....\\~, Of MEi9l^.IIII/ ....' :<.' v4 // ~ (} ~?OI:lA '1,; ~ ~ ~ ,cP ''''1)'<::: ~ . . / . ;(,_A. ~ ", 0 A_ .:::~.. 0 ~ By: ~-/Jj.;:?Y7' / ' Dated: V- -( tJ - .,.:: % City Clerk ..i.;A1J :: ~- &... ~ ~ ~ ' "\ '1'0 ~r lS1." .p! ~#<f ~" /.:\Wmk\lvl\lvlcntlwn\lvlcndlan I 5360M\Staplclon Sub CP1\-03-003 R7--03-009 PP,(}}-UI9 CUP-03-U34\FFCLOrd~~~\n.r~UNTi · ~\\\'~... ITlfill nil'" FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR WARDLE & ASSOCIATES FOR STAPLETON SUBDIVrSION (CUP-03-034) PAGE 5 OF 5 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) FOR CONDmONAL USE PERMIT ) FOR A PLANNED DEVELOPMENT ) FOR STAPLETON SUBDIVISION ) ) ) WARDLE & ASSOCIATES, ) ) APPLICANT ) ) C/C 01-27-04 CASE NO. CUP~03--034 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT The above entitled matter coming on regularly for public hearing before the City Council on October 21,2003, and continued until November 5,2003, December 9,2003, December 16, 2003, and January 27,2004, at the hour of7:00 o'clock p,m" at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the application for rezone in Case No. RZ-03-009, and the hearing was opened on the conditional use permit application and Brad Watson City Engineering for the Public Works Department, William Banko, and Jake Centers, testified at the hearing, and the City Council based upon its Findings ofF act and Conclusions of Law and Decision and Order in Case No, RZ~03-009 does hereby deny the application for conditional use permit approval. FINDINGS OF FACT 1, It is found that the Recommendation To City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR WARDLE & ASSOCIATES FOR STAPLETON SUBDIVISION (CUP-03-034) PAGE 1 OF 5 conditional use permit due to the denial of the rezone in Case No. RZ-03-009 due to the following: 1. That the application for conditional use permit is denied for the following reasons: a. The Applicant requests zoning of the subject real property as R-8, which is consistent with their application for a comprehensive plan amendment, but said comprehensive plan amendment was denied, (Case No. CPA-03-003), as the residential uses with a Conditional Use Permit within the mixed use WWTP designation would require an amendment to the Comprehensive Plan as determined by City ordinance. The current Comprehensive Plan prohibits any new residential uses within the area designated as Mixed-Use Wastewater Treatment Plant on the Future Land Use Map, and the proposed development does not comply with the current Comprehensive Plan, and thus the CPA was denied. by City Council at their January 6, 2004 meeting. b. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the wastewater treatment plant, an industrial use in the immediate vicinity, c. Additional information is needed on whether noise and odor from the wastewater treatment plant would affect the proposed residential uses. d. The existing zoning for the property (C-N Neighborhood Commercial), and the property's location on an arterial (Ustick Road), result in the property having economic value. e. When the applicant acquired an interest in the property, the applicant was aware that the zoning designation of the property prohibited residential development, and the applicant was aware that the Comprehensive Plan Map designation precluded residential development. f. The applicant has not provided sufficient information to show why the request to rezone the property in opposition to the designation in the Comprehensive Plan should be granted. g. The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. h. It is not in the best interests of the City of Meridian to rezone this property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR WARDLE & ASSOCIATES FOR STAPLETON SUBDIVISION (CUP-03-034) PAGE20F5 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the rezone in Case No. RZ-03-009 the Council does hereby deny the application for conditional use permit approval for the following reasons: 1. That the application for conditional use permit is denied for the following reasons: a. The Applicant requests zoning of the subject real property as R-8, which is consistent with their application for a comprehensive plan amendment, but said comprehensive plan amendment was denied, (Case No. CPA-03-003), as the residential uses with a Conditional Use Permit within the mixed use WWTP designation would require an amendment to the Comprehensive Plan as determined by City ordinance. The current Comprehensive Plan prohibits any new residential uses within the area designated as Mixed-Use Wastewater Treatment Plant on the Future Land Use Map, and the proposed development does not comply with the current Comprehensive Plan, and thus the CPA was denied by City Council at their January 6,2004 meeting. b. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the wastewater treatment plant, an industrial use in the immediate vicinity. c, Additional information is needed on whether noise and odor from the wastewater treatment plant would affect the proposed residential uses. d. The existing zoning for the property (C-N Neighborhood Commercial), and the property's location on an arterial (Ustick Road), result in the property having economic value. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR WARDLE & ASSOCIATES FOR STAPLETON SUBDIVISION (CUP.03-034) PAGE30F5 e. When the applicant acquired an interest in the property, the applicant was aware that the zoning designation of the property prohibited residential development, and the applicant was aware that the Comprehensive Plan Map designation precluded residential development. f The applicant has not provided sufficient information to show why the request to rezone the property in opposition to the designation in the Comprehensive Plan should be granted. g. The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. h. It is not in the best interests of the City of Meridian to rezone this property. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67~8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition . for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR WARDLE & ASSOCIATES FOR STAPLETON SUBDIVISION (CUP-03-034) PAGE 4 OFS {h By action of the City Council at its regular meeting held on the 10 day of NhruWA1 ,2004, By: Tammy de Mayor, Ci Copy ~erved upon Applicant, the Planning and Zoning Department, Public Work~\~t:).!iti:lli~1rtIII,,, and CIty Attorney. ,,"'...r"-\ Of MEJr;~~"......"... ~ -......... ~;rd. 'l .f u~ rrp\~oitqh 'Y ~ ,/ ~ ~ ~ ~ BY:A~k~ 9- Dated: :Z--/t?-tJ'f-t ~ ~ CIty Clerk IS g :-~ . o~ "C1i 0 ~ ::-;. ~ '&.,. 1S\ . 't;-.~ $ c::." ;..; C: ~' ,,":;' "1, o? ,~,~..,.....{ ~ \\' /~ 't-7!~ ~ . \\\ Z:\Work\M\Meridian\Meridilln 15360M\Stapleton Suit CP A-03-OO3 RZ-03-009 PP-03-019 CUP-03-034\FFCLOrdDenY\.;UP~4<wll ~ 1 j \"" \ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR WARDLE & ASSOCIATES FOR STAPLETON SUBDIVISION (CUP-03-034) PAGESOFS February 5, 2004 Iv\ERIOI.AN CITY COUNCIL MEETING February 10, 2004 ,APPLICANT Wildwood Development, LLC RZ 03-011 ITEM NO. --0"'1\ REQUEST Findings -- Request for a Rezone of 9.34 acres from I-L to R-15 zones for proposed Mayfair Commons Subdivision -- 1125 East Pine Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: ~ SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: .... .......~ ~ IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. interoffice MEMORANDUM - o 6 Oflvleridian {~~lerl.z Office To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Mayfair Commons Subdivision by: Wildwood Development, LLC - Case No. RZ- 03-011 Date: February 6, 2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF REZONE, pcrtaj ning to the above matter. Please note this application was denied at the Ci ty Coullci I meeting of January 27,2004. These Findings are now ready to be placed upon an upcoming City Council agenda. If you have any questions please advise. Z:\Work\rvl\i'vlcl'ldi~n\1vleridi~1l I 5360M\ivbytllir C0111mons Sub RZ-03-011 1'1'-03-031 CUI'.03-057\Berg RZ Deni~1 Memo 0205 04.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR REZONE OF 9.34 ACRES FROM I-L TO R-15 ZONE FOR PROPOSED MAYFAIR COMMONS SUBDIVISION, LOCATED AT 1125 EAST PINE STREET, MERIDIAN, IDAHO WILDWOOD DEVELOPMENT, LLC, APPLICANT C/C 01-27-04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. RZ-03-011 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF REZONE The above entitled rezone application having come on for public hearing on January 27,2004, at the hour of7:00 o'clock p.m., Brad Hawkins-Clark for the Planning and Zoning Department, Scott Beecham, Christopher G. Finley, Jason Ullman, Larry Taylor, David Callister, and Dave Aspitarte, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezone was published for two (2) consecutive weeks prior to said public hearing scheduled for January 27,2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL OF REZONE - MAYFAIR COMMONS SUBDIVISION - (RZ-03-011) Page 1 of8 of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 27,2004, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~~67-6509 and 67-6511, and ~~11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6,2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 9.34 acres in size and the subject rezone property is located at 1125 East Pine Street, Meridian, Idaho. The property is designated in the Comprehensive Plan as Mixed-Use Community. 5. The owner of record of the subject property is Montague - Saurial, LLC. 6. Applicant is Wildwood Development, LLC. 7. The property is presently zoned as I-L and consists of vacant land. 8. The Applicant requests that 9.34 acres of the 12.74 acre property be zoned as R- 15. 9. The subject property is bordered by the surrounding properties: FINDINGS OF FACT AND CONCLUSIONS OF LAW" AND DECISION AND ORDER OF DENIAL OF REZONE" MAYFAIR COMMONS SUBDIVISION - (RZ-03-011) Page 2 of8 North - Pine Street borders the subject property directly to the north. Danbury Subdivision, a single-family residential subdivision, is located north of Pine Street and is zoned R-4. South - Union Pacific Railroad tracks border the subject property directly to the south, property south of the railroad tracks is zoned I-L. East - Santee Business Park is located directly east of the subject property and is zoned 1- L. West - Single-family residential zone Rl (Ada County). 10. The Applicant proposes to develop the subject property in the following manner: As multi-family housing and as industrial property. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The City CQuncil recognizes the concerns of neighbors concerned with the project, expressed in their letters on file with the City Clerk's office. 13. A portion of the subject property is located within the Five-Mile Floodway, and the remainder of the property is located within the 100-year Floodplain zone, known as flood elevations. An application which was applied for in the past was denied primarily due to the fact that the property is located within the flood plain zone. 14. There are concerns over the traffic pattern of the proposed project, and specifically that traffic would cut through the industrial zone creating traffic problems. Presently there are no specific uses planned for the industrial site, and therefore the parking and traffic issues raise concerns for the surrounding areas. Foot traffic for any future residents walking through the industrial zone is of concern as welL 15. The common area is planned for the second phase, this does not provide any open space for the first phase residents. 16. Residential uses in the density proposed for this property by the applicant would FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER OF DENIAL OF REZONE - MAYFAIR COMMONS SUBDIVISION - (RZ-03-011) Page 3 of8 likely be incompatible with the surrounding businesses, as the area is designated on the Land Use Map as mixed-use community. 17. Additional information is needed on whether noise and odor from the existing businesses or future businesses would affect the proposed residential uses. 18. The existing zoning for the property I-L, and the property's location on an arterial (Pine Street and in the future Locust Grove Road extension), result in the property having economic value. 19. The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. 20. It is not in the best interests of the City of Meridian to rezone this property. CONCLUSIONS OF LAW 1. The City of Meridian has authority to rezone real property upon written request for rezone. 2. The City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The requested zoning of Medium High Density Residential (R-15) is defined in the Zoning Ordinance at 11-7-2 E as follows: (R-15) Medium Hi2:h Density Residential District: The purpose of the R-8 District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL OF REZONE - MAYFAIR COMMONS SUBDIVISION - (RZ.03-0 11) Page 4 of8 districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 5. Idaho Code ~ 67-6511(c) provides in matters where the City Council is considering a zoning designation application as follows: "If the request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction, the governing board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code. After the plan has been amended, the zoning ordinance may then be considered for amendment pursuant to section 67-65l1(b), Idaho Code." 6. The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Article XII ~ 2 of the Constitution of the State ofIdaho. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: 1. That the application for rezoning is denied for the following reasons: a. A portion of the subject property is located within the Five-Mile Floodway, and the remainder of the property is located within the lOO-year Floodplain zone, known as flood elevations. An application which was applied for in the past was denied primarily due to the fact that the property is located within the flood plain FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER OF DENIAL OF REZONE - MAYFAIR COMMONS SUBDIVISION - (RZ-03-0 11) Page 5 of8 zone. b. There are concerns over the traffic pattern of the proposed project, and specifically that traffic would cut through the industrial zone creating traffic problems. Presently there are no specific uses planned for the industrial site, and therefore the parking and traffic issues raise concerns for the surrounding areas. Foot traffic for any future residents walking through the industrial zone is of concern as welL c. The common area is planned for the second phase, this does not provide any open space for the first phase residents. d. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the surrounding businesses, as the area is designated on the Land Use Map as mixed-use community. e. Additional information is needed on whether noise and odor from the existing businesses or future businesses would affect the proposed residential uses. f. The existing zoning for the property I-L, and the property's location on an arterial (Pine Street and in the future Locust Grove Road extension), result in the property having economic value. g. The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. h. It is not in the best interests of the City of Meridian to rezone this property. 2) Based upon the section set forth in item no. 1 the application for zoning designation is dismissed. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL OF REZONE - MAYFAIR COMMONS SUBDIVISION - (RZ-03-0 11) Page 6 of8 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 ~ 67-652 I. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. I -/6- By action of the City Council at its regular meeting held on the I 0 day of !:ef;rutfV2 ~ , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED ~A-- VOTED ff^- VOTED ~6~ VOTED {fA-- COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de Weerd (TIE BREAKER) DATED: }2 -/1/ - () 4- VOTED MOTION: /7 I APPROVED: X J ~ DISAPPROVED: / FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 of8 AND DECISION AND ORDER OF DENIAL OF REZONE - MAYFAIR COMMONS SUBDIVISION - (RZ-03-011) By:dI~fr~, ~ City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Dep~mtl'lI/f \\\ If II and the City Attorney. ~'\\\...J Of MEI?/l'llll/ ,~ :'."' VL 'l" ~... a p.PO.Q.. ~-t- <- $.(-,0 ""'11'.t,. ~ ~ .::$'- "() -:. ... - Dated: J -167-- p 1-[ ~ ; &- & g -;:. .-QG< "C!5 ... ~1h ;sr151. .p$ -;. ~ ~' ~ ~ CO ~ .~~ Z:\ Work\M\Meridian\Meridian 15360l\il\Stapleton Sub CP A-03-003 RZ-03-009 PP-03-0 19 CUP-03-034\RZ Denial Findings.:~/)I" ,1.f!1 NT'll"'" \ \\\ ,," ': HI tll . FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL OF REZONE - MAYFAIR COMMONS SUBDIVISION - (RZ-03-0 11) Page 8 of8 February 5, 2004 MERIDIAN CITY COUNCIL MEETING PP 03-031 February 10, 2004 ITEM NO. ---10 · 1- APPLICANT Wildwood Development, LLC REQUEST Findings -- Request for Preliminary Plat approval of 38 building lots and 17 other lots on 12.74 acres in a proposed R-15 zone for proposed Mayfair Commons Subdivision -- 1125 East Pine Street AGENCY COMMEf\ITS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See attached Findings CITY BUILDING DEPT: CITY WAfER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUf\ITY HIGHWAY DISTRICT: Sld~ITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: v-fL/ nr SETTLERS I RRIGA TION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public; meetings shall bec;ome property of the City of Meridian. FEB 0 6 2004 interoffice OfMerjdlan C~le1'k Office MEMORANDUM ............... To: William G. Berg, Jr. From: Wm. F. Nichols Subject: MA YFAIR COMMONS SUBDIVISION BY WILDWOOD DEVELOPMENT LLC / PP-03-OJI Date: February 6,2004 Will: Pursuant to City Council's action at their January 27,2004, meeting, pertaining to the Preliminary Plat appli~ation by Wilchvood Development, LLC for the proposed Mayr~lil' Commons Subdivision, and Council's denial thereof, please find attached the original ol'the FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT in Mayfair Commons Subdivision. This may be presented to the Mayor to obtain her signature only after the City Council takes action adopting the Findings of Fact and Conclusions of Law and Decision and Order of Denial in Case No. RZ-03-011. After YOLl have executed the Findings please present copies to the Applicant, Planning and Zoning, Public Works and the City Attorney. [fYOLl have any questions please advise. Z:'Work\ivl\Mcrillian,iVJcndHlI1 I 5360M\ivlayrair COl11ll1ons Sub RZ-03-0 II 1'1'-03-031 CUI'-03-057\CJcrk Denwll'l' Ivlenm 02 05 04.dn~ BEFORE THE CITY COUNCIL OF THE CITY OF MElUDIAN IN THE MATTER OF THE REQUEST ) FOR PRELUVIINARY PLAT FOR ) iVIA YFAIR COMMONS SUBDIVISION ) ) ) WILDWOOD DEVELOPMENT, LLC, ) ) ) APPLICANT ) ) CIC 01-27-04 CASE NO. PP-03-03] FINDINGS OF FACT AND CONCLUSIONS OF LA \V AND DECISION AND ORDER OF DENIAL OF PRELIMIARY PLAT The above cntitledl11atter coming on regularly for public hearing before the City Council 011 January 27,2004, at the hour 01'7:00 o'clock p.m., <It the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the application for rezone in Case No. RZ-03-011, and the hearing was opened on the preliminary plat application and Brad Hawkins-Clark for the Planning and Zoning Department. SCOlt Beecham, Christopher G. Finley, Jason Ullman, Larry Taylor, David Callister, and Dave Aspitarte, testified at the hearing, and the City Council based upon its Findings of Fact <md Conclusions of Law and Decision and Order in Case No. RZ-03-0Il does hereby dcny the application for preliminary plat approval. FINDINGS OF FACT I. It is found that the Recommendation To City Council of tile Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the FINDINGS OF FACT AND CONCLUSlONS OF LA W AND DECISION I\ND ORDER OF DENIAL OF PRELIMINARY PLAT FOR !vI:\ YF1\IR COMMONS SUBDIVISION B'y": WILDWOOD DEVELOPMENT. LLC - (PP-OJ-03\) PACE I Of 4 preliminary plat due to the denial of the rezone in Case No. RZ-03-011 due to the following: 1. That the application for preliminary plat is denied for the following reasons: a. A portion of the subject property is located within the Five-Mile Floodway, and the remainder of the property is located within the lOa-year Floodplain zone, known as flood elevations. An application which was applied for in the past was denied primarily due to the fact that the property is located within the flood plain zone. b, There are concerns over the traffic pattern of the proposed project, and specifically that traffic wouId cut through the industrial zone creating traffic prob lems. Present ly there are no spcci fic uses planned for the industrial si te, and there 1'0 rc the parki ng and traffi c issues raise concerns for the Sll rrollndi ng areas. Foot traffic for any rl.lture residents walking through the Industrial zone IS of concern as-vvell. c. The common area is planned for the second phase, this does not provide any ope11 space for the first phase residents. d, Residential uses in the density proposed for this property by the applicc.lllt would likely be incompatible with the SUlTOllI1ding businesses, as the area is designated 011 the Land Use Map as mixed-use community. e. Additional information is needed on whether noise and odor from the existing businesses or future businesses would affect the proposed residential uses. f. The existing zoning for the property T-L, and the property's location on an arterial (Pine Street and in the future Locust Grove Road extension), result in the property having economic value. g. The applicant has not provided sufficient information as to the compatibi lity of residentinl zoning in this particular area. h. It is not in the best interests of the City of Meridian to rezone this propeny. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR MA YFAIR COMMONS SUBDIVISION BY: WILDWOOD DEVELOPMENT, LLC - (PP-03-03I) PAGE20F4 adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the rezone in Case No. RZ-03-0 II the Council does hereby deny the application for preliminary plat approval for the following reasons: I. That the application for preliminary pint is denied Cor the following rcasons: a. A portion of the subject property is located within the Five-Mile Floodway, and the remainder of the property is located within the lOO-year Floodplain zone, known as flood elevations. An application which was applied for in the past \Vas denied primarily due to the fact that the property is located within the flood plain zone. b. There are concerns over the traffic pattern of the proposed project, and speci fically that traffic would cut through the industrial zone creating traffic problems. Presently there are no specific uses planned for the industrial site, and therefore the parking and traffic issues raise concerns for the surrounding areas. Foot traffic for any future residents walking through the industrial zone is of concern as wel L c. The common area is planned for the second phase, this does not provide any open space for the first phase residents. d. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the surrounding businesses, as the area is designatcd on the Land Use Map as mixed-use community. e. Additional information is needed on whether noise and odor from the existing businesses or future businesses would affect the proposed residential uses. f. The existing zoning for the property I-L, and the property's location 011 an arterial (Pine Street and in the future Locust Grove Road extension), result in the property having economic value. g. The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. h. It is not in the best interests of the City of Meridian to rezone this property. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR NIA '{FAIR COivlMONS SUBDIVISION BY: v\!ILDWOOD DEVELOPMENT, LLC - (PP-OJ-OJ I) PAGE J OF 4 ( , 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) clays after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for ,Iudicial Review may be filed. Please take notice that this is a final action of the governing body 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 clec i sion 111 flY, \vi thi n t went y- eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Cocle. -II-. By action of the City Council at its regular meeting held on the ! 0 d;y of ;::; 6rtLCvI. cP- ,2004. Copy scrveclupon Applicant, the Planning and Zoning Department, Public Works DCIw.rtmcnt 1 C. A .,<.' \1\111 IIII/J am lty 'Horney. ",\\\\1 JIIIII ,::::..' _I Of M'=FtI.^ I"", " ~, v~ "'.... j" (} o?POFi'.<1 ):; '1; % 2 -( (/ - tJ 4-- 2 ~0 ~ S ~ ~ Byd~k~,~. City Clerk Dated: Z \\ nrk i\1\Mendlan\iVkndlall 15360M\Sl~pklllll Sub CPA-03-003 RZ-03-009 1'1'-03-019 CUI'-03-03-l\FFCL(j~_dDeIlY '~PL' ,,0)'0 0 j ~,. r-j us, lS\ ' ~.f ~. ':.<J A"?', ~ /'''/, CO,'! ,.......v \\.1 ,,-,, 'I; ..~ ".," ~< - ,.. \\' '/~-- -....,~ \\ t/tlt~di ndll\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECiSION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR MA YFAIR COMMONS SUBDIVISION BY: \V1LDWOOD DEVELOPMENT, LLC - (PP-03-031) PAGE40F4 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE iVIA TTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT ) FOR A PLANNED DEVELOPMENT ) FOR iVIA YFAIR COMMONS ) SUBDIVISION ) ) \VILDvVOOD DEVELOPMENT, LLC ) ) APPLICANT ) ) C/C 01-27-04 CASE NO. CUP-03-05? FINDINGS OF FACT AND CONCLUSIONS OF LA \V AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT The above entitled matter coming on regularly for public hearing before the City Council on January 27,2004, at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial ofthc application for rezone in Case No. RZ-03-0 II, and the hearing \vas opened on the conditional use permi t appl ication and Brad Ha wkins-C lark for the P lann i ng and ZOIl i ng Dcparttll en t, SCOl! Beecham, Christopher G. Finley, Jason Ullman, Larry Taylor, David Callister, and Dave Aspitarte, testified at the hearing, and the City Council based upon its Findings of Fact and Conclusions of Law and Decision and Order in Case No. RZ-03-0 11 does hereby deny the application for conditional use permit approval. FINDINGS OF FACT 1. It is found that the Recommendation To City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the FINDINGS OF FACT ;\ND CONCLUSIONS or L.A \V AND DECISJON AND ORDER OF DENIAL OF CONDITIONAL USE PERiVlIT FOR \VILD\VOOD DEVELOPMENT, LLC FOR MA YFAfR COMMONS SUBDIVlsrON (CUP-03-057) PAGE I OF 5 conditional use permit due to the denial of the rezone in Case No. RZ-03-0 11 due to the following: 1. That the application for conditional use permit is denied for the following reasons: a. A portion ofthe subject property is located within the Five-Mile Floodway, and the remainder of the property is located within the] OO-year Floodplain zone, known as flood elevations. An application which was applied for in the past wns denied primarily due to the fact that the property is located within the flood plain zone. b. There arc concerns over the traffic pattern of the proposed project, and speci fica!1 y that traffic \\lOll I d cut through the i nd L1stri al zone creatj ng tra rfie prob lems. Presently there are no speci fie lIses planned for the i nd L1stria I si te, and therefore the parking and traffic issues raise concerns for the surrounding areas. Foot traffic for any future residents walking through the industrial zonc is of concern as well. c. The common area is planned for the second phase, this does not provide any open space for the first phase residents. d. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the sLlITounding businesses, as the area is designated on the Land Use Map as mixed-use community. e. Additional information is needed on whether noise and odor from the existing businesses or future businesses would affect the proposed residential uses. r The existing zoning for the property I-L, and the property's location on an arterial (Pine Street and in the future Locust Grove Road extension), result in the property having economic value. g. The applicant has not provided sufficient information as to the compatibility 01' residential zoning in this particular area. h. It is not in the best Interests of the City of Meridian to rezonc this property. FINDINGS OF FACT AND CONCLUSIONS OF LA W ,'\ND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR WILDWOOD DEVELOPMENT, LLC FOR MA YF AfR C01vIMONS SUBDIVISION (CUP-03-057) PAGE20F5 DECISION AND ORDER PUrSll<lnt to the City Council's <luthority as provided in Meridian City Code Section 12-3-5 and based upon the above and foregoing Findings of Fact which arc herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the rezone in Case No. RZ-03-011 the Council does hereby deny the application for conditional use permit approval for the following reasons: I. That the application for conditional use permit is denied for the following reasons: a. A portion ofthe subject property is located within the Five-Mile Flooclway, and the remainder of the property is located within the IOO-year Floodplain zone, known as Oood elevations. An application which was applied for in the past was denied primarily due to the fact that the property is located within the Oood pi<1in zone. b. Therc arc concerns over the trafTic pattern of the proposed project. and specifically that traffic would cut through the industrial zone creating traflic problems. Presently there are no specific uses planned for the industrial site, and therefore the parking and traffic issues raise concerns for the surrounding areas. Foot traffic for any future residents walking through the industrial zone is of concern as well. c. The common area is planned for the second phase, this does not provide any open space for the first phase res idents. d. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the surrounding businesses, as the area is designated on the Land Use Map as mixed-use community. e. Additional information is needed on whether noise and odor from the existing businesses or future businesses would affect the proposed residential llses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PER1\IIIT FOR WILDWOOD DEVELOPMENT, LLC FOR MA YF AIR COMMONS SUBDIVISION (CUP-03-05?) PAGE 3 OF 5 f. The existing zoning for the property I-L, and the property's location on an arterial (Pine Street and in the future Locust Grove Road extension), result in the property having economic value. g. The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. h. It is not in the best interests of the City of Meridian to rezone this property. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANAL YSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner Illay request a regulatory taking analysis. SlIdl request must be in writing, and mLlst be filed \\'itl1 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 witbin which a Petition lor Judicia! Review may be filed. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code S 67~6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, \vithin twenty- eight (28) days after the date orthis decision and order, seck ajudicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PER1'vIlT FOR WILDWOOD DEVELOPMENT, LLC FOR MA YF}\ TR COIVEvlONS SUBDIVISION (CUP-03-0S7) PAGE 4 OF 5 By action of the City Coullcil at its regular meeting held on the /O~y of a6rkVvt./ _ ,2004. \\\\\11111111" Copy serveclupon AppIicant, the Platming ancl Zoning Department, Public ~otfc~~tJ~i~{:r..lf....... and City Attorney. ~~~,.:<\, ")POF? 'Af-'V ~~ .::- v /ro,' UJ)'; -;. By'. ,I" "" /~. () 2 ~/o-t! A'l /;f!J '>''" 'I~o ,_ d~ p- - ~ Dated: t' ~ i'::H.:.;i'A. c..l City Clcrk ' 7<:.: & 2 QUn .... ,0 0 g ~. J,/) \.) I 1'0' . ~.::::= >, :Os :\)~ ,'c ''''~. ~ On~. f. ~..,--....f \ .;S:-."i L,,\Vorb~.I\iVk,.,diml\i'vkridHlIl I 53C>OMIMaylhlr Commons Sub RZ-03-0 II I'P-03-031 CUP.03-057\FFCLOrdDcll)'C;UI':l!Ol".' l' III";;:' . r I . ~ ;. ~ . . i \ I \ \ FINDINGS OF FACT AND CONCLUSIONS OF LA'vV AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR WILDWOOD DEVELOPMENT, LLC FOR MA YF AIR COMMONS SUBDIVISION (CUP-03-057) PAGE50F5 February 5, 2004 MERIDIAN CITY COUNCIL MEETING CUP 03-057 February 10, 2004 APPLICANT Wildwood Development, LLC ITEM f\10, REQUEST Findings -- Request for a Conditional Use Permit for multi-family residential sub requesting reduced setbacks, parking standards, and dimensional requirements in a proposed R-15 zone for proposed Mayfair Commons Subdivision n 1125 East Pine Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY ~~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public; meetings shall bec;ome properfy of the City of Meridian. o 6 i 11 tero ffi ce tyMeridi.an City Clerk Of11c0 MEMORANDUM ............... To: William G. Berg, Jr. From: Wm. F. Nichols Su bj eet: MA YF AIR COMMONS SUBDIVISION BY WILDWOOD DEVELOPMENT, LLC / CUP-03-0S7 Date: February 6,2004 Will: Pursuant to City Council's action at their January 27,2004, meeting, pertaining to the Conditional Use Permjt application by Wildwood Development, LLC for the proposed Mayf8 i I' Commons S ubd ivision, and Counc iI's deni81 thereo f, p lease find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT in Mayfair Commons Subdivision. This may be presented to the Mayor to obtain her signature onl\' after lhe City Council takes action adopting the Findings of Fact and Conclusions of Law and Decision and Order of Denial in Case No. RZ-03-011 and then action upon Case No. PP-03-031. After you have executed the Findings please present copies to the Applic8nt, Planning and Zoning, Public Works and the City Attorney. If you have any questions please advise. Z:\\Vork\iY1\Meridian\tvlcl'itlian I 5360MV>'tayfair COllllllons Sub RZ-03-0 II 1'1'-03-031 CUI'-03-057\Clcrk Denial CUP Memo 02 05 o4.doc BEFORE THE CITY COUNCIL OF THE CITY OF MElUDIAN IN THE MATTER OFTHE REQUEST ) FOR CONDITIONAL USE PERIVIIT ) FOR A PLANNED DEVELOPMENT ) FOR MAYFAIR COMMONS ) SUBDIVISION ) ) WILDWOOD DEVELOPMENT, LLC ) ) APPLICANT ) ) CIC 01-27-04 CASE NO. CUP-03-057 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDEH OF DENIAL OF CONDITIONAL USE PERMIT The above entitled matter coming on regularly for public hearing before the City Counci I on January 27,2004, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Mcridian, Id~1ho, and the City Council takes judicial notice of its action of the denial of the llPplication for rezonc in Case No. RZ-03-0 II. and the hearing \vas opened on the conditional LIse permit application and Brad Hawkins-Clark for the Planning and Zoning Department. Scolt Beecham, Christopher G. Finley, Jason Ullman, Larry Taylor, David Callister, and Dave Aspitarte, testified at the hearing, and the City Council based upon its Findings of Fact and Conclusions of Law and Decision and Order in Case No. RZ-03-0 11 does hereby deny thc application for conditional use permit approval. FINDINGS OF FACT ] . It is found that the Recommendation To City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the J-'lNDlNCJS OF FACT i\Nf) CONCLUSlONS OF LA \V AND DECISlON AND ORDER OF DENIAL OF CONDITlONAL USE PI::RMlT FOR WILDWOOD DEVELOPMENT. LLC FOR MA YFAIR COMMONS SUBDIVISION (CUP-03-057) PAGE I OF 5 conditional use permit due to the denial of the rezone in Case No. RZ-03-0 II due to the following: 1. That the application for conditional use permit is denied for the following reasons: a. A portion of the subject property is Iocated within the Five-Mile Floodway, and the remainder of the proper-ty is located within the I GO-year Floodplain zone, known as flood elevations. An application which was applied for in the past was denied primarily due to the fact that the property is located within the flood pl8in zone. b. There are concerns over the traffic pattern of the proposed project, and specifically that traffic would cut through the industrial zone creating traffic problems. Presently there are no specific Llses planned for the industrial site, and therefore the parking and traffic issues raise conccrns for the surrounding areas. Foot traffic for any future residents walking through the industrial zonc is or concern as well. c. The common area is planned for the second phase, this does not provide any open space for the first phase residents. d. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the sUITounding businesses, as the area is designated on the Land Use Map as mixed-use community. c. Additional information is needed on whether noise and odor from the existing businesses or future businesses would affect the proposed residential uses. f. The existing zoning for the property I-L, and the property's location on an arterial (Pine Street and in the future Locllst Grove Road extension), result in the property having economic value. g. The app I icant has not provided su ffiei en tin formation as to the compatibi Ii ty 0 f residential zoning in this particular area. h. It is not in the best interests of the City ofrvlericlian to rezone this property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERJv[lT FOR WILDWOOD DEVELOPMENT, LLC FOR :vl/\ VFAIR COp,liMONS SUBDIVISION (CUP-03-057) PAGE20F5 DECISION AND ORDER Pursuant to the City Council's authority as provided in rvreridian City Code Section 12-3-5 and based upon the above and foregoing Findings of Fact which arc herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that b,lsed upon the denial of the rezone in Case No. RZ-03-011 the Council does hereby deny the application Cor conditional use permit approval for the follovving reasons: ]. That the application for conditional use permit is denied for the following reasons: a. A portion of the subject property is Ioeated within the Five-Mile Floodway, and the remainder of the property is located within the IOO-year Floodplain zone, knovvn as nood elevations. An application which was applied for in the past was denied primarily due to the fact that the property is located within the Oood plain zone. b. There are concerns over the traffic pattern of the proposed project, and spec i fi cally th at trafCic would cut through the i nd ustri a I zone creati ng tra ITi c problems. Presently there are no specific uses planned for thc industrial silc. and there fare the parki ng and traffi c issues raise conCCt-ns for the surround i ng areas. Foot traffic for any future residents walking through the industrial zonc is or concern as well. c. The common area is planned for the second phase, this does not provide any open space for the first phase residents. d. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the surrounding businesses, as the area is designated on the Land Use Map as mixed-use community. e. Additional information is needed on whether noise and odor from the existing businesses or future businesses would affect the proposed residential uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR WILDWOOD DEVELOPMENT. LLC FOR MA YFAlR COMMONS SUBDIVISION (CUP-03-0S7) PAGE30F5 f. The existing zoning for the property I-L, and the property's location on an <ll.terial (Pine Street and in the future Locust Grove Road extension), result in the properly having economic value. g. The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. h. It is not in the best interests of the City of Meridian to rezone this property. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANAL YSlS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner 1ll8y 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 thc mattcr at issuc. A request for a regulatory takings analysis will toll the time period within \vhich 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 f'v1criclian, pursLlantto Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) clays alter the date of this decision nnd order, seek njuclieial review ns provided by Chapter 52, Title 67, Idaho Code. FrND1NGS OF FACT AND CONCLUSIONS OF LA W !\ND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR WILDWOOD DEVELOPMENT, LLC FOR IvlA YFAIR COMMONS SUBDIVISION (CUP-03-057) PAGE40F5 -rA By action oCthe City Council at its regular meeting held 011 the ~ay of ~&fnu~-r ,1004. Copy served upon Applicant, the Planning and Zoning Department, Public Works Dep.qnt\IOiJ.Q:l1t!iII;, . . 1\\\- G t,f'--.. ie.J", and CIty Attorney. \\\\~ 0\ .:.<; ,..".', j ,'-' c} ,;;;.;'(;:~",.": :<,Ct- . ':':':::;, /7 It) tJ A ~ ~ ~~ (r) \ ::: ?- -- ~ ~ \ ~: -.'l-~ ') .'l e..~l'::~.itL J .:: '" ...\-> / - ~ c(.... c~~.. ... .... . ~ .-.-I........(.~{"\ "\ -' J' t.... ,~:-..~. ~ ~/) ... ~J"r of C""\ /' "~"..J,.> ~ ~ .,.:_ j....J:-;,'" ~~~ .:." 7'.Work\MIMcridionl:vlcndI<1I1 I 5360IvI\ivIuyruir Commons Sub RZ-03-01 I 1'1'-03-03 I CUP.03.057\f'FCLOrdDcnyCUfY..<jqc' (\._ -- ~(,' .,:-' '>"'1.:':,'".' !~'. '-." ': \ .', \ :,:"\ \.~ ' By dI-~...:....d~ Dated City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR WILDWOOD DEVELOPMENT, LLC FOR MA YFAIR COMMONS SUBDIVISION (CUP-03-057) PAGE 5 OF 5 February 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT February 10,2004 -:r ITEM NO. REQUEST Discussion of Resolutions Dealing with CDBG Applications AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: 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: VI ~ C U:;,S-f (-J Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. FAIR HOUSING RESOLUTION LET IT BE KNOWN TO ALL PERSONS OF the City of Meridian that discrimination in the sale, rental, leasing, financing of housing or land to be used for construction of housing or in the provision of brokerage services because of race, color, religion, sex or national origin is prohibited by Title VIII of the 1968 Civil Rights Act (Federal Fair Housing Law). It is the policy of the City of Meridian to implement programs to ensure equal opportunity in housing for all persons regardless of race, color, religion, sex or national origin. The Fair Housing Amendments Act of 1988 expands coverage to include disabled persons and families with children. Therefore, the City does hereby pass the following Resolution. BE IT RESOLVED that within available resources the City will assist all persons who feel they have been discriminated. against because of race, color, religion, sex, national origin, disability or familial SUltUS to seek equity under federal and state laws by filing a complaint with the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Compliance Division. BE IT FURTHER RESOLVED that the City shall publicize this Resolution and through this publicity shall encourage owners of real estate, developers, and builders to become aware of their respective responsibilities and rights under the Federal Fair Housing Law and amendments and any applicable state or local laws or ordinances. SAID PROGRAM will at a minimum include: 1) printing and publicizing of this policy and other applicable fair housing information through local media and community contacts; 2) distribution of posters, flyers, and any other means that will bring to the attention of those affected. the knowledge of their respective responsibilities and rights concerning equal opportunity in housing; and 3) prepare an analysis of impediments to fair housing choice and actions to mitigate such impediments. EFFECTIVE DAlE: This Resolution shall take effect Chief Elected Official Attest C:\Documents and Sett1ngs\greent.MERIDIANCITY\Local Settings\Tempornry Internet Files\OLK14B\FairHsg_Res _ complete.DOC SUMMARY OF FAIR HOUSING RESOLUTION A RESOLUTION OF mE CITY OF MERIDIAN, IDAHO, APPROVING A FAIR HOUSING RESOLUTION FOR THE CITY. A sununaIy of the principal provisions of the Fair Housing Resolution adopted by the City of Meridian on (date), 20_ is as follows: Section 1: Sets forth the purpose and intent of civil rights protection legislation and the areas to which the plan will apply. Section 2: Sets forth the policy and procedure for carrying out activities in a nondiscriminatory manner in project assessment, processing, and decision making. Section 3: Sets forth the assistance that will be available from the City to those who feel they have been discriminated against. Section 4: Sets forth the steps the City will take to publicize this resolution and give notice to the public of the City's policy and procedures concerning nondiscrimination. The full text of the Fair Housing Resolution is available at the City of Meridian City Hall, Meridian, Idaho, and will be provided to any citizen upon personal request to the City Clerk at (208) 888-4433. Tammy deWeerd, Mayor City of Meridian C:\Documents and Settings\greent.MERIDIANCITY\Local Se1tings\Temporary Internet Files\OLK14B\FairHsg_Res _ complete.DOC Idaho Community Development Block Grant (ICDBG) CITIZEN PARTICIPATION PLAN City of Meridian Pursuant to citizen participation requirements for ICDBG participants, the City of Meridian certifies the following activities will be completed. Grantees shall: 1. Provide for and encourage citizen participation, particularly for low and moderate income persons who reside in slum or blighted areas and areas in which ICDBG funds are proposed to be used. 2. Provide technical assistance to groups representative of low and moderate income persons that request assistance in developing proposals in accordance with procedures developed by the department. Such assistance need not include providing funds to such groups. This process shall include: A. Reasonable and timely access to local meetings, information and records pertaining to the local governments proposed and actual use of ICDBG funds; B. A minimum of two (2) public hearings, each at a different stage of the program, for the purpose of obtaining citizen's views. The first public hearing shall include a description of the proposed project, scope of work, budget, schedule, location, beneficiaries, and objectives. Any earned program income must also be noted. The application, related documents, and the Application Handbook shall be available for citizens to review. The second public hearing on the status of funded activities, shall at a minimum, include: a review of project activities and accomplishments to date, a general description of remaining work, and a general description of changes made to the ICDBG project scope of work, budget, schedule, location or beneficiaries. Public hearings shall be conducted at times and locations convenient to potential and actual beneficiaries. Public hearings shall be advertised in a local newspaper no less than seven (7) twenty-four (24) hour days prior to the hearing date. If there is no local newspaper, public notification will occur through some other method where there is wide distribution to citizens within the project area. This method must be approved by the community development staff. A copy of the publication and/or affidavit of publication shall be submitted to the department. The notice should identify all of the topics to be addressed in the public hearing including the assurances that hearings shall be held in facilities that are accessible to all citizens and that alternative formats shall be available to persons with disabilities where practicable, and with advance notice to the unit of local government. Citizens shall also be notified they will be given the opportunity to comment orally or in writing within five (5) twenty four (24) hour days of the hearing. Special accommodations shall be available for persons with disabilities who may wish to comment within the five (5) day period. C:\Documents and Settings\greent.MERIDIANCITY\Local Settings\Temporary Internet Files\OLK14B\Citizen Participation Plan. DOC Public hearings shall be conducted in a manner to meet the needs of non-English speaking residents where a significant number of non-English speaking residents can be expected to participate. Local citizen participation records which shall be made available to the state and local citizens shall include: A copy of the public notice and/or affidavit of publication which describes proposed or actual project activities, scope of work, location., budget, schedule, objectives, and beneficiaries. Notices shall also contain the accessible criteria for persons with disabilities. Public hearing procedures shall also be used in the event ICDBG project activities were added, deleted or substantially changed from the application. Substantially changed means changes made in terms of purpose, scope, location or beneficiaries as defined by the ICDBG program. Citizens attending public hearings must be provided with the name and address of: a)The person(s) authorized to receive and respond to citizens proposals, questions, and complaints concerning proposed or funded activities and b)The person(s) that will be available to provide technical assistance to groups representative of persons of low and moderate income and have questions or concerns regarding the use of ICDBG funds. Local staff shall be trained to provide citizens with complaint procedures. These procedures shall provide citizens with the opportunity to protest project activities or related issues. A written complaint or grievance is- formal notification of a concern, allegation or protest to a proper authority. A formal complaint will be considered filed at the time it is delivered to the appropriate authority's office. To file a complaint, citizens must provide enough information to permit an investigation. The complaint should be clear and concise and include: A. Identification of the project, project location, and program activities. B. Reason for the complaint (hearsay and innuendo will not be considered valid). C. Sufficient data to substantiate any claims or charges. If possible, supporting documentation should be included. D. If desired, citizens may propose a solution to the problem. If the complaint is concerning local activities or project implementation, complaints and grievances shall first be filed with the appropriate elected official. If this is the case, grantees shall be required to notify the department of the complaint. A copy of the response shall also be submitted to the department. Every attempt shall be made to respond to citizens with fifteen (15) days where practicable. If the citizen feels the response from the local jurisdiction is unsatisfactory, he or she may appeal to the department for resolution. Additional information may be requested by the department at that time. Every effort will be made by the department to provide a full response within thirty (30) days. If valid and sufficient data has been provided to substantiate the complaint, an investigation will be conducted. The extent of an investigation depends on the scope and depth of the issues involved. Some investigations may include examining a set of circumstances, others may involve examining local policies and practices. C:\Documents and Settings\greent.MERIDIANCITY\Local Settings\Temporary Internet FHes\OU<14B\Citizen Participation Plan.DOC If the complaint is more appropriately directed toward ICDBG program activities, the same procedure will be followed except all communications are between the state and the complainant. This plan shall become effective Date Chief Elected Official Attest C:\Documents and Settings\greent.MERIDIANCITY\Local Settlngs\Temporary Internet Files\OLK14B\Citizen Participation Plan. DOC THE CITY OF MERIDIAN RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN (Under Section 104( d) of the Housing and Community Development Act of 1974, as amended) The City of Meridian will replace all occupied and vacant occupiable low-and-moderate income dwelling units demolished or converted to a use other than as low/moderate income housing in connection with an activity assisted with funds provided under the Housing and Community Development Act of 1974, as amended, as described in 24 CRF 570.606(b) through (g). All replacement housing will be provided within three (3) years after the commencement of the demolition or conversion. Before entering into a contract committing The City of Meridian to provide funds for an activity that will directly result in demolition or conversion, the County will make public by publication in a newspaper of general circulation and submit to the Idaho Department of Commerce the following information in writing: 1. A description of the proposed assisted activity. - 2. The location on a map and number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate income dwellings units as a direct result of the assisted activities. 3. A time schedule for the commencement and completion of the demolition or conversion. 4. The location on a map and the number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units. If such data is not available at the time of the general submission, the County will identifY the general location on an area map and the approximate munber of dwelling units by size and provide information identifYing the specific location and number of dwelling units by size as soon as it is available. 5. The source of funding and a time schedule for the provision of the replacement dwelling units. 6. The basis for concluding that each replacement dwelling unit will remain a low/moderate income dwelling unit for at least ten (10) years from the date of initial occupancy. 7. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units, e.g., a two~bedroom unit with a 2 one-bedroom unit, is consistent with the housing needs oflower income households in the jurisdiction. The City of Meridian, (208) 888-4433, is responsible for tracking the replacement of housing and ensuring it is provided within the required period. The City of Meridian, (208) 888-4433, is responsible for ensuring requirements are met for notification and provision of relocation assistance, as described in CFR 570.606(b) through (g), to any lower income person displaced by the demolition of any dwelling unit or the conversion of a low/moderate income dwelling unit to another use in connection with an assisted activity. C:\Documents and Settings\greentMERIDIANCITY\Local Settings\Temporary Internet Files\OLK14BIAnti-Disp ]lan.doc Consistent with the goals and objectives of activities assisted under the Act, the City will take the following steps to minimize the displacement of persons from their homes. 1. Coordinate code enforcement with rehabilitation and housing assistance programs. 2. Evaluate housing codes and rehabilitation standards in reinvestment areas to prevent placing undue financial burden on long-established owners or tenants of multi-family buildings. 3. Stage rehabilitation of apartment units to allow tenants to remain during and after rehabilitation by working on empty units or buildings fIrst. 4. Establish facilities to house persons who must be relocated temporarily during rehabilitation. 5. Adopt public policies to identifY and mitigate displacement resulting from intensive public invesbnent in neighborhoods. 6. Adopt policies that provide reasonable protection for tenants faced with conversion to a condominimn or cooperative. 7. Adopt a tax assessment policies (such as deferred tax payment plans) to reduce impact of rapidly increasing assessments on lower income owner-occupants or tenants in revitalizing areas. 8. Establish counseling centers to provide homeowners and renters with information on the assistance available to help them remain in their neighborhood in the face of revitalization pressures. The jurisdiction should include one or more of the above to implement the planning for minimizing the direct and indirect displacement of persons from their homes. The City of Meridian hereby certifies it has officially adopted and published said Residential Anti-Displacement and Relocation Assistance Plan. This plan shall become effective Typed Name and Title of Chief Elected Official Date Signature of Chief Elected Official C:\Documents and Settings\greent.MERIDIANCITY\Local Settings\Temporary Internet Files\OLK14B\Anti-Disp ]Ian.doc POLICY REGARDING NON-DISCRIMINATION ON THE BASIS OF DISABILITY A resolution of the City of Meridian, Idaho, adopting a policy of non-discrimination on the basis of disability. Whereas, the Congress of the United States has passed Section 504 of the Rehabilitation Act of 1973 which requires that "No otherwise qualified individual with handicaps in the United States...shall, solely on the basis of his or her handicap, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistancell; and, Whereas, the City of Meridian is applying for an Idaho Community Development Block Grant and is required to comply with Section 504 of the Rehabilitation Act of 1973; and, Whereas, the failure to comply with the terms and conditions of Section 504 of the Rehabilitation Act may cause the City to lose its grant or eligibility for future grants; Now, therefore, be it resolved by the Mayor and the Council of the City of Meridian, Idaho, the following: Section I. It is the policy of the City that all programs and activities shall be accessible to, and usable by qualified persons with disabilities. Section II. That the City shall undertake an evaluation conducted in consultation with citizen groups involving persons with disabilities, of its programs, policies, procedures and facilities in order to determine those areas where discrimination may occur. Section III. The City shall, upon completion of said evaluation, make such revisions, modifications, or other changes so as to fully comply with the letter and intent of Section 504. Section IV. Further, the City shall, where building modifications are required, develop and implement a transition plan for the timely elimination of structural barriers to citizens with disabilities. Citizens may contact Will Berg at (208) 888-4433, 33 E. Idaho Avenue, Meridian, 10 83642 for assistance to answer questions regarding this policy. Passed by City of Meridian, Idaho Signed by: Attest: (title) (title) C:\Documents and Settlngs\greent.MERIDIANCITY\Local Settlngs\Temporary Internet Files\OLK14B\Non- Dlsc_Reso I ution_ Cty. doc GRIEVANCE PROCEDURE FOR THE CITY OF MERIDIAN, IDAHO The following grievance procedure is established to meet the requirements of Section 504 of the Rehabilitation Act as arnended and the Americans With Disabilities Act of 1990 (ADA). According to these laws, the City of Meridian, as a recipient ofan Idaho Community Development Block Grant (ICDBG) funds, certifies that all citizens shall have the right to submit a grievance on the basis of disability in policies or practices regarding employment, services, activities, facilities, or benefits provided by the City. When filing a grievance, citizens must provide detailed information to allow an investigation, including the date, location and description of the problem. The grievance should be in writing and should include the name, address, telephone number of the complainant. Upon request, alternative means ofilling complaints, such as personal interviews or a tape recording, will be made available for individuals with disabilities upon request. The complaint should be submitted by the complainant or his/her designee as soon as possible, but no later than 60 days after the alleged violation. Complaints must be signed and sent to: N arne/Title of Coordinator: Will Berg, City Clerk Address: 33 E. Idaho Avenue, Meridian ill 83642 Telephone Number (208) 888-4433 Within 15 calendar days after receiving the complaint, Will Berg, City Clerk, will meet with the complainant to discuss the complaint and possible resolution. Within 15 calendar days after the meeting Will Berg, City Clerk, will respond in writing. Where appropriate, the response shall be in a format accessible to the complainant (such as large print or audio tape). The response will explain the position of the City and offer options for resolving the complaint. If the response by Will Berg, City Clerk, does not satisfactorily resolve the issue, the complainant or his designee may appeal the decision of the ADA coordinator. Appeals must be made within 15 calendar days after receipt of the response. Appeals must be directed to the City Council or their designee. Within 15 calendar days after receiving the appeal, the City Council or their designee will meet with the complainant to discuss the complaint and to discuss possible resolutions. Within 15 calendar days after the meeting, the City Councilor their designee will provide a response in writing. Where appropriate, the response shall be in a format accessible to the complainant. The response shall be accompanied by a final resolution of the complaint. The 504/ADA Coordinator shall maintain the files and records of the City pertaining to the complaints filed for a period of three years after the grant is closed out. C:\Documents and Settings\greenlMERIDIANCITY\Local Settings\Tempornry Intemet Files\OLK14B\Grievance.DOC Other Complaint Procedures All individuals have a right to a prompt and equitable resolution. Individuals or classes of individuals who believe they have been subjected to discrimination based on disability have several ways to file a gnevance. · use the grievance procedure provided by the City . file a complaint with any agency that provides funding to the City · file with one of the eight federal agencies designated in the Title II regulations Under Title n, filing a grievance with the City's ADA Coordinator, filing a complaint with a federal agency, or filing a lawsuit may be done independently of the others. Individuals are not required to file either a grievance or complaint to bring a lawsuit. Lawsuits may be filed at any time. The following are four of the eight agencies where a Title II compliant can be filed. Department of Justice Civil Rights Division Public Access Section P.O. Box 66738 Washington, DC 20035-9998 Department of Rousing & Urban Development Community Planning and Development 451 7th Street Washington, DC 20410-4000 Architectural & Transportation Barriers Compliance Board (ATBCB) 13 31 F Street NW, Suite 1000 Washington, DC 20004-1111 Equal Employment Opportunity Commission (EEOC) 1801 L Street NW Washington, DC 20507 By: Tammy deWeerd, Mayor, City of Meridian Adoption Date By: Will Berg, City Clerk Section 504 Designated Employee C:\Documents and Settings\greent.MERIDIANCITY\LocaI Settings\Tempornry Internet Files\OLKI4B\Grievance.DOC COMBINED NOTICE ON NONDISCRIMINATION & GRIEVANCE PROCEDURES As required by Section 504 of the Rehabilitation Act (as amended) and the Americans with Disabilities Act (ADA), the City of Star has adopted by resolution a policy regarding NONDISCRIMINATION ON THE BASIS OF DISABILITY. The City of Meridian does not discriminate on the basis of disability in the admission to, access to, or operations of programs, services, or activities. Qualified individuals who need accessible communication aids and services or other accommodations to participate in programs and activities are invited to make your needs and preferences known to the 504/ADA Coordinator. Please give us at least a three to five day advance notice so we can adequately meet your needs. An internal grievance procedure is available to resolve complaints. Questions, concerns, or requests for additional information regarding 504/ADA should be forwarded to: 504/ ADA Coordinators Name: Will Berg Title: City Clerk-Treasurer Address: 33 E. Idaho Avenue Meridian ill 83642 Phone Number: 208-888-4433 (Voice) (TDD) Days and Hours Available: Monday-Friday, 9-5 pm. Upon request this notice is available in alternative formats (for example, large print, or audio tape) from the 504/ADA Coordinator. Adopted: Published: C:\Documents and Settings\greent.MERIDIANCITY\LocaI Settings\Temporary Internet Files\OLK14B\Combined _ Notce _504andGriev.doc February 5, 2004 Department Reports MERIDIAN CITY COUNCIL MEETING February 10, 2004 APPLICANT Planning and Zoning Dept -- Anna Powell ITEM NO. I' A ' L REQUEST Discussion of AU American Storage 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. To: Mayor de Weerd & City Council From: Brad Watson, P.E. cc: File, City Clerk Date: 2/5103 Re: February 10 City Council Meeting - P&Z Department Reports All American Storage, Victor Clark - Ada County Rezone Application Greg Embry of Spink. Butler & Clapp representing Victor Clark, All Americian Storage has requested I evaluate and make recommendation on the necessity for sewer connection for an application his client intends to submit to Ada County. This property lies on the southernmost boundary of the Area of Impact on Kuna-Meridian Road, 'V4,-mile south of Amity Road. It will someday be sewered by an extension of the Black Cat Trunk. The property is approximately six miles from the Black Cat lift station currently under design. I recommend the requirement for connection to City of Meridian sewer and dry line sewer installation be waived. . Page 1 ......... ....... .......... __..... '__I' ......"-ot" . , 1.-ow,,1 I rll' ~'-vv YVV J.VVJ. ,....HI.:lC 1/ ,:\ Spink Butler Clapp, LLP 251 E. Front Stroet, Sui1e 200 P.O. Box 639 Boise, IdQho 83701 (208) 388-1000 (208) 388-1001 (facsimile) Fax Cover Sheet Date: January 29, 2004 Total Pages Sent: 3 TO: Anna Borchers Powell 888-6854 cc: Will Berg 887-4813 From: Direct dial: Direct e-mall: Subject: SBe File No.: M, Gregory Embrey (208) 388-1000 gembrey@sbc-attorneys.com Victor Clark, All American Storage 22163.1 Comments: CONFJDENTtAlIlY NOTICE: This Transmission is intended only for the use of me individuallsj named os recipIents. It may contaIn Information that is privileged, confidenlial and/or pfoTecleo from disclosure under appJlCatlle law including. tlut not limIted TO, The ottomey client privilege andlor wall< producT dOCfrine. II you are not the intended recipient of 1t1ls Tfonsmisslon, please notify me sender immediately by tetephoM. Do not deliver. distribute or copy 1his transmissIon, disclose 11s comer'iTs. or taka any oC1ion in reliance on The information IT contains, JAN 29 '04 13:30 208 3BB 1li1V\1 ppr.,\= li\1 . ._..... ............._...... .....L.r L.......... V..,. ~...",.-t.....v "U . ....,. "' ",'- f-lV' L.L." vL.H". LLr- i H^ . c:.V6 ";66 1 UU 1 I-'HGI:. c/ 3 JoAnn C. Butler Sandra L. Clapp M. Gregory Embrey L. Victoria Meier MiChael T. Spink (208) 388.1 000 gembrey@sbc-anorneys.com January 29, 2004 Via Facsimile Anna Borchers Powell Planning Director Meridian City Planning & Zoning 660 E Watertower Suite 202 Meridian, ID Re: Victor Clark, All American Storage SBC File No.: 22163.r Dear Anna: This firm represents Victor Clark and All American Storage in its efforts to develop property located in the RUT Zone of the Meridian Area of Impact, near the intersection of Meridian Road and Amity Road. In April of2003, Mr. Clark met with planners of Ada County Development Services to discuss development of a self service storage facility. Planners suggested a zoning ordinance text amendment. Mr. Clark submitted a text amendment application to allow self service storage units as a conditional use in the RUT Zone. The Board of Ada County Commissioners denied the text a.mendment. Mr. Clark is now preparing to proceed with an application to Ada County for re-zoning and possibly a conditional use permit to develop this property as a self service storage unit facility. Because this property is in the Meridian City Area of Irnpact, we would like to first approach the City Council regarding a temporary waiver oflhe sewer hook up requirement until sewer service is extended to this property. The sewage disposal requirements of the project are minimal and need only accommodate the facility caretaker. Upon extension of sewer service to the property, Mr. Clark will hook up and abandon the existing well and septic system. 251 E. FRoNT STReE'T SUITE 2.00 P.O. aox SS9 BOISE. ICA~O 63701 208-388-1000 206-;366-1001 (F} WWW.saC-ATTORNEVS.COM JAN 29 '04 13:30 208 388 1001 PAGE. 02 I ..:. L..oL- . 't...... + .&.1-...... v.a. F '-v V~..I. -..J . '-V IV . Vr II '" l..>V I LCf"I. ....LMr r, LLr r H^ . '::::VO -:lOb 1 VV 1 !-'Hl;il::. j/ :3 Will Berg January 29, 2004 Page 2 We would appreciate any effort you could make to include this matter in your department report for Tuesday, February 3,2004. Tfyou have any questions, please do not hesitate to contact me. Thank you for your consideration in this matter. Sincerely, :~~br ~ MGE:ajc cc: Will Berg JRN 29 '04 13:31 21218 388 11211211 P1=lGE.12I3 ** TX CONF.,,,'iAnON REPORT ** AS OF FEB 11 '04 17'39 PRGE.01 CITY OF MERIDIAN DATE TIME TOI'FROM MODE M1WSEC PGS CMDll STATUS 18 02/11 17:05 38110160 EC--S 02'29" 0135 095 OK 19 02/11 17:08 PUBLIC WORKS EC--S 01 '29" 005 1395 OK 213 02/11 17'10 8841159 EC--S 131'3e" e05 1395 OK 21 02/11 17:12213888413744 EC--S 01'28" 005 095 OK 22 132/11 17:14 POLICE DEPT EC--S 01' 29" 005 095 OK 23 02/11 17:1& 8985501 EC--S 01'29" 1305 095 OK 24 02/11 17'18 LIBRARY EC--S 01'59" ees 1395 OK 25 02/11 17:21 92083776449 EC--S e1'29" 1305 1395 OK 26 132/11 17:22 2138 368 6924 EC--S 132' 130" 005 095 OK 27 132/11 17:25 2088886854 EC--S 131'28" 005 1395 OK 28 02/11 17:27 2138 895 0390 EC--S 131' 29" 005 1395 OK 29 02/11 17'29 12830e040 G3--S e1'53" 13135 1395 OK 3e 02/11 17:32 208 387 6393 EC--S 01'29" oos 1395 OK 31 132/11 17:34 ADA CTY DEVELMT G3--5 02' 44" 005 095 OK 32 02/11 17:37 8885052 EC--S 131'30" 005 095 OK --------------~------------------~---------------------------------------------------~----- CITY OF MERIDIAN ClTY COUNCIL REGULAR MEETING AGENDA Tuesday, February 10, 2004, at 7:00 p.m. City Council Chambers 1. Roll^call Attendance; ---X- SheufI Wardle ~ Bill Nary _6- Charlie Rountree -L Keith Bird --L- Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Stan Kelly Senior Pastor at Capital Christian Center; 4. Swearing in Ceremony for three new Police Officers -- WiH Stay, Chris McGilvery, and Brian Lueddeke; Swore in 5. Adoption of the Agenda; Approved 6. Consent Agenda; A. Approve minutes of January 27, 2004 Pre-Council Meetmg, Approve 6. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval; VAC 03-007 Request for a Vacation of three feet of ACHD right of way on each side of West Pennwood Street for Troutner Business Park Subdivision No.2 by Mary Ballantyne - west of South Meridian Road and south 0 f West Franl~lin Road: Approve C. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-034 Request for Preliminary Plat approval for a re-plat of Troutner Park Subdivision Lots 4-5 and 10-15, Slack 2: Lots 1-3 and 5-B, Block 3; Block 4; and Lot 3, Block 5 consisting of 6 commercial building lots and 1 cornman lot on 17.26 acres in a CoG 20ne for Troutner Business Park No.2 by Mary Ballantyne - south of West Franklin Road and west of South Meridian Road; Approve M~II\hu~t (4~lv (-"lm.:t1 'h~""llllu h:h,uop( In. ~II(lJ. jJ~I"I.' I \~:t 5. ,,' i1m.,(j" ful~ pr'::i":lu~d ;.!Illul'lit.- ~H"'~hll:J~ :ih;rH h~'l.:.,'mo..: 11Itlll..:n) (\\"i;,' ('I':> 111' I\h:mll:.m \lI)"'ll'\: ~["':'i-lm}~ :.Ij.....~qmm,juH~\n JI" \ll~,,~'lllll;'::i rdJ{..:.1 hll!U-I,,\\H......Jll:: ..Ili\I:.,r Ih:,'llln: l11cJ!l~ -\.'II11I:.J":II}1C ellr ('1;:11.:'.,. Om,~..::n ~SS--I-.U; :II h...:.o~1 J~ ~r~'l,Ir~ rm.w ~lllh,r.: 1'.\\.111: \\~~lm: i ** TX CONF IRMA n ON REPORT ** AS OF FEB 11 '04 18:88 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDrt STATUS 01 02/11 17: 39 CHERRY LANE G3--S 83' 83" 005 895 OK 82 12)2/11 17:43 POST OFFICE EC--S 02'29" 005 895 OK 83 82/11 17:4S IDAHO ATHLETIC C EC--S 01'29" 885 095 OK 84 02/11 17:48 lD PRESS TRIBUNE EC--S 01'38" 1385 1395 OK 85 82/11 17:58 208888670:1 EC--S 01'29" OOS 095 OK 86 132/11 17: 58 12084S64485 EC--S 01' 31" 12105 095 OK ----------------~----------------------------------~---------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 10, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance; -L Shaun Wardle ----6- Bill Nary _L Charlie Rountree ......x..-. Keith Bird -L Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Stan Kelly Senior Pastor at Capital Christian Center: 4. Swearing in Ceremony for three new Police Officers ~- Will Stoy, Chris McGilvery, and Brian Lueddeke: Swore in 5. Adoption of tha Agenda: Approved 6. Consent Agenda: A. Approve minutes of January 27, 2004 Pre. CounCIl Meeting: Approve 8. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: VAC 03~007 Request for a Vacation of three feet of ACHD right of way on each side of West Pennwood Street for Troutner Business Park Subdivision No.2 by Mary 8 allantyne - west 0 f South Meridian Road and south 0 r West Franklin Road: Approve C. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-034 Request for Preliminary Plat approval for a re-plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots '.3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of 6 commercial building lots and 1 common lot on 17.26 acres in a C-G zone for Troutner Business Park No.2 by Mary Ballantyne - south of West Franklin Road and west of South Meridian Road: Approve MUldlilll r~lly ('~'un.,,;t1I'p.:ndu fr.;hi'ULlryl(l. ~IIU.1 \.i;lc" ) \\15- ,\ II fl1.lh ....~d.. pr";;<i\"nlcd ~t ,luhllr Hh,'t.:'IUl;!!\ ,'\h:1l1 hn;;t\IUI.: p-'H'p~f1~ \If 11"1\' ('jl:- .lIf "'h~l"Ith:.IIl. \ll,^'IlL: d-C:MI ~Il;.: ;J1.'.l..lIln~I~!l.llhlll I~'l dl:~~blhw..:~ r...:IJ(,,:.1 h,.h'Q,\ll\.o.:nl:i .lll\I;'..' lit.:',u IUI~ plc-:J~L! .,;~ml:.t~l 111.: C~i)' (,kr~'s onl\~1:' t\l S$S~-t-l.H:n h,;~';' lR h,IUN pnm< \0 Ih, rWIII;\.-" 1I1~~.till~. ** TX CONFIRMATION REPORT ** 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32 DATE TIME TO/FROM 02/09 08:34 PUBLIC WORKS 02/09 08:36 12084664405 02/09 08:38 8841159 02/09 08:40 2088840744 02/09 08:41 POLICE DEPT 02/09 08:43 8985501 02/09 08:45 LIBRARY 02/09 08:47 92083776449 02/09 08:49 208 388 6924 02/09 08:51 2088886854 02/09 08:53 ALL AMERICAN INS 02/09 08:55 208 895 0390 02/09 08:57 128300040 02/09 08:59 208 387 6393 02/09 09:01 ADA CTY DEUELMT 02/09 09:04 8885052 02/09 09:06 CHERRY LANE 02/09 09:09 POST-OFFICE 02/09 09:12 IDAHO ATHLETIC C 02/09 09:14 887 0816 02/09 09:17 ID PRESS TRIBUNE 02/09 09:19 2088886701 02/09 09:25 3810160 AS OF FEB 09 '04 09:28 PAGE. 01 MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S G3--S EC--S G3--S EC--S EC--S G3--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 01' 19" 004 01'21" 004 01 '20" 004 01'19" 004 01'20" 004 01'18" 004 01'45" 004 01'19" 004 01'44" 004 01'19" 004 01'19" 004 01' 19" 004 01' 39" 004 01' 19" 004 82' 19" 004 01' 19" 004 02' 36" 004 82' 13" 004 01'19" 804 02' 36" 004 01'20" 004 01' 19" 004 02' 13" 004 CMD~ 037 037 037 837 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 STATUS OK OK 01< OK OK 01< OK OK Ok 01< OK 01< 01< OK Ok Ok OK OK Ok 01< Ok Ok OK -----------------~---------~-----------~----~------~--~------------------------------------- ~lill~G PDSt '~i ~vblf'0 0DTl~~1f;lavrks ) CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 10,2004, at 7:00 p.m. City Council Chambers 1. Roll~call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. PJedge of Allegiance: 3. Community Jnvocation by Stan Kelly Senior Pastor at Capital Christian Center: 4. Swearing in Ceremony for three new Police Officers -- Will Stov r"'-L.._':_ 1\..._,-..:1.. ..__... ~~ 1 ...... . , ** TX CONFIRM~.lON REPORT ** ( AS OF JAN 26 '0<110:55 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 27 01/26 10:49 3810160 28 01/26 10:50 2084664405 29 01/26 10:51 8841159 30 01/26 10:52 2088840744 31 01/26 10:53 POLICE DEPT 32 01/26 10:54 8985501 MODE M1WSEC PGS CMDll STATUS EC--S 00'38" 001 082 OK EC--S 00'25" 001 082 OK EC--S 00'26" 001 082 OK EC--S 00'25" 001 082 OK EC--S 00' 25" 001 1382 OK EC--S 00'25" 001 082 OK ?\easL.. 'PoSt ~ fubhc.. Noh c-c.- ---(\'\o...Y'\\C-( CITY OF MERIDiAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at-the Meridian City HaU, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p_m. on February 10, 2004, for the purpose of reviewing and considering the proposed new service fee for the Third Party Billing Agr&oment through the City of Meridian Utility Billing Department. The proposed new fee would be $20.00, which would cover the cost of allowing the property owner or property manager to instruct the Utility Billing Department to send the monthly bill 10 a third party (renter or tenant) as well as the delinquency notice. A more partiCUlar description of the above proposed fee is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue. Meridian, Idaho and is available for inspection during regUlar business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. ~~? DATED this 23rd day of January, 2004. PUBLISH the 27th of January and the 3rd of February, 2004. ** TX CONJ. ( iT! ON REPORT ** AS OF JAN 26 '04 fie.4 PAGE.el1 CITY OF MERIDIAN DATE T!ME TO/FROM MODE mWSEC PGS CMOO STATUS 01 01/26 10:55 LIBRARY EC--S 00'30" 01211 082 OK 02 01/26 10:56 IDAHO STATESl1AN EC--S 00'25" 001 082 OK 03 01/26 10'57 208 388 6924 EC--S El0'30" 001 082 OK 04 01/26 10:58 2088886854 EC--S 00'26" 001 1382 OK 05 01/26 10:59 2138 89S 0390 EC--S 130'25" 001 002 OK 06 01/26 11:00 Laur~l EC--S 00'26" 001 1382 OK 07 01/26 11:01 208 387 6393 EC--S 013'25" 001 002 OK 08 El1/26 11:02 ADA CTY DEUELMT EC--S 00'25" 001 082 OK 09 01/26 11:04 88851352 EC--S 00'25" 0131 082 OK 10 1211/26 11:05 CHERRY LANE EC--S 013'31" 001 082 OK 11 01/26 11:06 POST OFFICE EC--S 013'38" 001 1382 OK 12 01/26 11:07 IDAHO ATHLETIC C EC--S 0l:J'26" 0131 082 OK 13 01/26 11:08 ID PRESS TRIBUNE EC--S 00'25" 001 082 OK 14 01/26 11:09 2laB8886701 EC--S 00'25" 001 002 OK 18 01/26 11:13 PUBLIC WORKS EC--S 00'25" 001 082 OK ?\eaSL 'PoSt ~'F\\b\\c. Nohc..c... -\\-I.O-Y"\\LC' CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on February 10, 2004, for the purpose of reviewing and considering the proposed new service fee for the Third Party Billing Agreement through the City of Meridian Utility Billing Department. The proposed new fee would be $20.00, which would cover the cost of allowing the property owner or property manager to instruct the Utility Billing Department to send the monthly bill to a third party (renter or tenant) as well as the delinquency notice. A mora pGlrticuJar description of the above proposed fee is on tile in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said publiC hearing, and the publiC is welcome and invited to submit testimony. Drat testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date 50 that aU interested parties may examine them prior to the hearing. .Jf~p DATED this 23rd day of January, 2004. PUBLISH the 27th of January and the 3rd of February, 2004. ~\e:C\SL ?OS~ b-- 'Pllb\ \c- N dh c-c- - \\'\. y"\\L( CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on February 10, .2004, for the purpose of reviewing and considering the proposed new service fee for the Third Party Billing Agreement through the City of Meridian Utility Billing Department. The proposed new fee would be $20.00, which would cover the cost of allowing the property owner or property manager to instruct the Utility Billing Department to send the monthly bill to a third party (renter or tenant) as well as the delinquency notice. A more particular description of the above proposed fee is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. ~~? DATED this 23rd day of January, 2004. PUBLISH the 27th of January and the 3rd of February, 2004. ~ltl9,~ Post-~, ~ubl,'v 0o+1ci1l1f1Vfks ~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 10, 2004, at 7:00 p.m. City Council Chambers 1. RolI.call Attendance: Shaun Wardle Sill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community _ Invocation by Stan Kelly Senior Pastor at Capital Christian Center: 4. Swearing in Ceremony for three new Police Officers -- Will Stoy, Chris McGilvery, and Brian Lueddeke: 5. Adoption of the Agenda: 6. Consent Agenda: A. Approve minutes of January 27,2004 Pre-Council Meeting: B. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: V AC 03-007 Request for a Vacation of three feet of ACHD right of way on each side of West Pennwood Street for Troutner Business Park Subdivision No.2 by Mary B aJlantyne - west 0 f South Meridian Road and south 0 f West Franklin Road: C. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-034 Request for Preliminary Plat approval for a re-plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of 6 commercial building lots and 1 common lot on 17.26 acres in a C-G zone for Troutner Business Park No.2 by Mary Ballantyne - south of West Franklin Road and west of South Meridian Road: Meridian CIlY Couneil f\genda. February 10.2004 Page I of 4 AlIlllaterials presented :11 publie meetings shall beeome property of the Cily or MeridialL Anyone desiring accommodation tor disabilities related to documents andlor hearing please conL:ictthe CilY Clerk's Orlice at 888-4433 at least 48 hours prior to the public mccting D. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03.029 Request for Preliminary Plat approval of 6 building lots on 2.064 acres in a L-Q zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers - 2150 West Cherry Lane: E. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-048 Request for a Conditional Use Permit for a Planned Development for nursing home care for up to 40 patients and office use with reduced setbacks and landscaping requirements in an L-Q zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers, Inc. - 2150 West Cherry Lane: F. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-031 Request for annexation and zoning of 15.04 acres from RUT to R-B zones for proposed Windsonq Subdivision by Landmark Engineering & Planning, Inc. - west of North Linder Road and north of West Ustick Road: G. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-037 Request for Preliminary Plat approval of 66 single-family building lots and 2 common lots on 15.04 acres in a proposed R-B zone for proposed Windsonq Subdivision by Landmark Engineering & Planning, Inc. - west of North Linder Road and north of West Ustick Road: H. Findings of Fact and Conclusions of Law for Denial: RZ 03-009 Request for a Rezone of 6.39 acres from C-N to R.8 zones for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: I. Findings of Fact and Conclusions of Law for Denial: PP 03-019 Request for Preliminary Plat approval of 40 building lots and 7 other lots on 5.93 acres in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: J. Findings of Fact and Conclusions of Law for Denial: CUP 03-034 Request for a Conditional Use Permit for a Planned Development for a 41-lot subdivision to include a reduction in minimum size lots, size of homes, minimum square footage on main floor of multi-level homes, and setbacks in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: K. Findings of Fact and Conclusions of Law for Denial: RZ 03- 011 Request for a rezone of 9.34 acres from I-L to R-15 zones for Meridian Cily Council Agend~ ~ Fcbruary 10.2004 Page 2 of 4 AlIlllatcrials prcsented at public meetings shall bccome properly of the City of iVleridiall. Anyone desiring ~eeollllllodation lor disabilitics related 10 docllments and/or hcaring please contaclthc City Clcrk's OfJice at 888-4433 at Icast 48 hours prior lo the public meeting. proposed Mayfair Commons Subdivision by Wildwood Development, LLC - 1125 East Pine Street: L. Findings of Fact and Conclusions of Law for Denial: PP 03- 031 Request for Preliminary Plat approval of 38 building lots and 17 other lots on 12.74 acres in a proposed R-15 zone for proposed Mayfair Commons Subdivision by WlIdwood Development, LLC - 1125 East Pine Street: M. Findings of Fact and Conclusions of Law for Denial: CUP 03- 057 Request for a Conditional Use Permit for multi-family residential subdivision requesting reduced setbacks, parking standards, and dimensional requirements in a proposed R-15 zone for proposed Mayfair Commons Subdivision by Wildwood Development, LLC - 1125 East Pine Street: N. Addendum to Development A~reement for Park Impact Fee Reimbursement for Farwest, LLC Lochsa Falls Subdivision: O. Resolution No. Adventure Island Ptay~round: Agreement with 7. Department Reports: A. Planning and Zoning Department - Anna Powell 1. Discussion of All American Stora~e: B. Public Works Department - Brad Watson 1. Agreement for Professional Services, WWTP Noise & Odor Study - Corollo En~ineers: 8. (Items Moved from Consent Agenda) 9. FP 04-001 Request for Final Plat approval of 31 single-family residential building lots and 4 common lots on 5.2 acres in an R-8 zone for Hi~h~ate Subdivision No.1 by Harris Homes, LLC - 2700 North Meridian Road: 10. FP 04-002 Request for Final Plat approval of 45 single-family residential building lots and 4 common lots on 10.49 acres in an R.8 zone for Hi~h~ate Subdivision No.2 by Harris Homes, LLC - 2700 North Meridian Road: 11. FP 04-003 Request for Final Plat approval of 77 single-family residential building lots and 14 common lots on 25.14 acres in a R-4 PO zone for 1vkmliall City COUlwll /\g~llda - h:bluary 10. 2oo~ Page 3 of ~ Allmalenals presented at public I11CCllI1gs shall becollle property oj" the City or Mcndian. Allynlle lksiring Ueeol11nmdallOIl !tlr disabililles relaled to dm:UIl1elllS Jndinr hearing pkuse contactthc CIlY Ckrk', Onicc ,lt8~~-~~3J Jtlcast ~~ hours prior to the public l11ectl11g Lochsa Falls Subdivision No.7 by Lochsa Falls, LLC - west of North Linder Road and north of West McM]llan Road: 12. FP 04-004 Request for Final Plat approval of 54 single-family residential building lots and 4 common lots on 24.48 acres in a R-4 PO zone for Lochsa Falls Subdivision No.8 by Lochsa Falls, LLC - west of North Under Road and north of West McMillan Road: 13. Public Hearing: Proposed new service fee for the Third Party Billin~ Aqreement: 14. Public Hearing: AZ 03-033 Request for annexation and zoning of 10.05 acres f rom RUT to R-8 zones for proposed Baldwin Park Addition by Capital Development - north of West Ustick Road and east of North Linder Road: 15. Public Hearing: PP 03-038 Request for Preliminary Plat approval of 71 single-family residential building lots and 7 common lots on 19.07 acres in a proposed R-8 zone for proposed Baldwin Park Addition by Capital Development - north of West Ustick Road and east of North Linder Road: 16. Public Hearing: PFP 03-004 Request for Preliminary / Final Plat approval of 2 building lots on 3.775 acres in a C-N zone for Cherry Crossinq Commercial Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: 17. Public Hearing: AZ 03-027 Request for Annexation and Zoning of 140.25 acres from RUT to R-4 zones for proposed Saquaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: 18. Public Hearing: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Sa~uaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: 19. Public Hearing: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Sa~uaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Mendian City Council Agenda - February 10,2004 Page 401'4 All materials presented 01 public meetings shall become properly urthe City orMeridla1l Anyone desiring aeeol11l11odation for disabilities related to documcnts andior heanng please contact the Cily Clerk's Oi'lkc 01888-4433 alleas! 48 hours prior to the public Illeetlng. February 5,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT February 10, 2004 ITEM NO. ~ REQUEST Discussion of Council Agendas 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 HtGHWA Y DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: I)l'S~US5'ld Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. WHITE PETERSON ArrORNEYS AT LAw KEVIN E. DINIUS JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT W~L F. GIGRAY, III T. GUY HALLAM .. JILL S. HOLlNKA JOHN R. KORMANIK. WILLIAM A. MORROW WILLIAM F. NICHOLS ** WHffE PETERSON, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 February 19, 2004 RECEIVED FEB 20 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 City of Meridian City Clerk Office Re: LOCHSA FALLS, LLC / LOCHSA FALLS SUBDIVISION NO. 8/ FINAL PLAT - (FP-04-004) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Plmming and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a calL Z:\Work\M\Meridian\McridianI5360M\Lochsa Falls Sub NO.8 FP-04-004\Clcrk FP Memo 0219 04.doc CHRISTOPHER S. NYE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE n* * Also admitted in C *. Also admitted in C *n Also admitted ill V BEFORE THE MERIDIAN CITY COUNCIL CIC 02/1 0/04 IN THE MATTER OF THE ) APPLICATION OF LOCHSA ) FALLS, LLC, FOR APPROVAL OF ) 54 SINGLE-FAMILY ) RESIDENTIAL BUILDING LOTS ) AND 4 COMMON LOTS ON 24.48 ) ACRES IN AN R-4 ZONE FOR ) LOCHSA FALLS SUBDIVISION ) NO.8, LOCATED WEST OF N. ) LINDER ROAD, APPROXIMATELY ) 'l4 MILE SOUTH OF W. CHINDEN ) BLVD., IN THE NE 'l4 OF SECTION ) 26, T.4N., R.IW., MERIDIAN, ) IDAHO ) ) CASE NO. FP-04-004 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code 9 12-3-7 on February 10,2004, and the Council finding that the Administrative Review is complete from Sonya Allen for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: February 10,2004, to the Mayor and Council, and that Alma Powell Planning Director for the Planning and Zoning Department, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT 1 (FP-04-004) Page 1 of 4 IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT OF LOCHSA FALLS SUBDIVISION NO.8, A PORTION OF THE NE Y4 OF SECTION 26, TAN., R.1 W., B.M., MERlDIAN, ADA COUNTY, IDAHO 2004, SHEET 1 OF 2, 31014-PLT.DWG CSM 12/02/03, HANDWRlTTEN DATE: 12/24/03, STAMPED: JAN 07 2004, LOCHS A FALLS LLC - DEVELOPER, BRIGGS ENGINEERING, INe. - CONSULTING ENGINEERS", Lochsa Falls, LLC, Developer, is ConditionalIy Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Frecldeton, Engineering Technician III, and Sonya AlIen for the Plmming and Zoning Depmtment, dated: Hearing Date: Februmy 10, 2004, listing 16 SITE SPECIFIC REQUIREMENTS and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, and the response letter received by Justin Martin dated Februmy 6, 2004, a true and correct copy of which is attached hereto mmked Exhibit "B", and consisting of two pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their Februm'y 10, 2004 meeting as follows, to-wit: I. ] Adopt the Recommendations of the Central District Health Depmtment as follows: The Central District Health Depmtment 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 Welfme, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to dischmge to the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-004) Page 2 of 4 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: 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. 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 REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter ORDER OF CONDITIONAL APPROV AL OF FINAL PLAT / (FP-04-004) Page 3 of 4 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 tal{e 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 I /) -/P _ v day of F$'6ru~,/- ,2004. \ \ \ \ l1111H IIWJay . \\11 C M~ fill "" ~I 01 i.::.FfIf'> 1'/// " ~"' VLn ........ ;;" c} f\P~ ~71- ~ .:: _~cP 0....... S .::: ~ v ~ ; ~ Attest: ~ ~ William G. Berg, Jr., City erk .' '1kc ,\CfJo 0 g . <. ""70 .:]r- 1S\ ' ..(' $ Copy served upon Applicant, the Plam1ing::fu~ ~QB~ng~~ifaltJ:n~nt, Public Works Depmiment, ,. . \" and City Attorney., ,,,111\' \\\\\'\lfl~'1111111 ",\,~-.{ 0 EflID;""I'/", .t 0 o'0PO~ ~1-- ~ -> .D 0:: -;. .~~.~ <$~ 0 % Dated: 2... 2tl-04-- ~'" !'J ~ ~0, 0::: '1Y \:>l',"- ,Qi 0 ~ '-' r lS\ . . ~ " ~. .... 'IS>' ... .......' . I'\. '\" .~~tU\\"II; By:JI~'~ ~ Y= Z:\Work\M\Meridiall\Meridiall I 5360M\l..ochsa Falls Sub No.8 FP-04-004\OrderFP.doc ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT / (FP-04-004) Page 4 of4 MAYOR " ~, . t~l~tl:~ i>,.,..~~,,_.,~ 't "'1 't' I~:"'~\ .';i; iJ"i" olfe;;dl:;;;'t CITY HALL (208) 888-'1433 - F~x 887-4813 Tmnmy ,k Weenl , I!J..\H() \-" \........*. ""<':.:~:~~(l(f.:.:~'~':~:::1.:U;~" . " V )f J/ // ,,/ PUBLIC WORKS BUILDING DEPARTMENT (208) 887.nl [ - F~x ~1)8-<)551 (Try COlINelt M EI'vIBERS Keith Bini Willi~m L.M. Nary Shaull Wardle Charles M. Rountree LEGAL DEP,\RTlvIENT (208) 4()o.9272 - FAX -!()(}--l405 MEMORANDUM: Hearing Date: February 10,2004 To: Mayor & City Council 'R'E' ("11[1. 'I'\. 71.;'-:\ u""--"'~ ..~ '\.Jr..!. _ / Jt!J' ." Re: fli Sonya Allen, Assistant City PIannerO Bruce Freck]etc~n, Engineering Tech III ~ LOCHSA FALLS SUBDIVISION NO.8 FEf3 0 Ii 200Zt From: City Of Melidia:n City Clerk Office Request for a Final Plat ApprovaI of Lochsa Falls Subdtvision No.8, Consisting of Fifty-four (54) Single-family Residential Building Lots and Four (4) Common Lots on 24.48 Acres in an R-4 (P.D,) Zone by Lochsa Falls, LLC (File No. FP-04-004). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be cOllside.-ed in full, unless exp.'essly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION This is the eighth phase of Lochsa Falls Subdivision and consists of 54 single-family residential building lots and 4 common (landscaping/open space/drainage) lots on 24.48 acres. The gross density of Phase No. 8 is approximately 2.20 dwelling units/acre. The net density is approximately 2.65 dwelling units/acre. The subdivision was approved as a Planned Development which allowed for a reduction to development standards including reduced setbacks (front 20' 1 non-front entry garage IS' , S' side single story, 7' side two-story), reduced lot sizes (min. 6,500 s.f.), reduced frontages (min. 60'), reduced house sizes (min. 1,201 s.L) and to allow the Applicant's request to exceed minimum block length requirements. The reduced setbacks that were requested at the time this subdivision was approved are now current city ordinance. The final plat for this phase complies with the approved preliminary plat. Ed\,-b:f ",," I fJ~1/ Mayor & City COlll1ci I Hearing Date: February 10,2004 Page 2 of4 Staff reC0I1U11ends approval for Lochsa Falls Subdivision No. 8 with the comments and conditions stated in this report. LOCA TION This phase of Lochsa Falls Subdivision is located west of N. Linder Road, approximately 14 mile south of W. Chinden Blvd., in the NE 14 aSeetion 26, TAN" R.l W, SITE SPECIFIC REQUIREMENTS l. Applicant shall meet all terms of the approved Preliminary Plat (PP-02-009), Conditional Use Permit (CUP-02-012), and the recorded Development Agreement (Inst. No. 103012598). 2. The pressurized Irngation system within this development is to be owned and maintained by the Settlers Irrigation District. The City of Meridian requires that pressurized ilTigation systems be supplied by a year-round source of water. If a creek or well source is not avallable, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Street signs are to be in place, water system shall be approved and activated, pressmized irrigation system approved and activated, drainage lots constructed, fencing instal led, and road base approved by the Ada County Highway District prior to applying for building pe11l1its. All deveIopment improvements, including fencing, micro-paths, ilTigation, 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. Temporary construction fencing to contain debris shall be installed along the boundaries of this phase unless fencing already exists at the subdivision boundaries. Fencing within 20 feet of all public right of ways shall be no taller than 3-feet in height if sight obscuring material is used or 4-feet in height if non-sight obscuring material is used. 5. Please add or revise the foHowing plat notes: (12.) Add note: "Bu ilding 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-02-012) which allowed for reduced setbacks, lot sizes, lot frontages, and minimum house size." FP.04-004 ~:b;~ "ft. i-,t/l/ISSlIb8.FP.dOC Mayor & City Council Hearing Date: February 10, 2004 Page 3 0 f 4 6. The Landscape Plan dated 1/5/04, prepared by Harvest Design IS approved as submitted. 7. Applicanr wiH be responsible to construct the sewer and water mains to and through this proposed development, thereby making t!1em available to adjacem propenies. Subdivision designer to coordinate main sizing and routing \vith the Public Works Department. 8. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 9. Any drainage areas (detentionJretention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. (All areas being counted toward the 10% open space amenity sh~ll be free of "wet ponds" or other SLlch nuisances.) 10. The legal description of the Certificate of Owner's and the descriptive boundary calls on the face of the plat don't match. It appears that several calls are missing from the legal description. Please revise to accurately describe the boundary of the subdivision. I!. Add the "UNPLATTED" text adjacent to Lot 1, Block 39. 12. Add the Yz RJW dimensions at the north end of N. Teton Falls Way and the south end of N. Long Lake Way. 13. Revise the line types of the Boundary, Section, Right-of-Way, Centerline, Lot Line, and easement Lines to match those same lines in the plat. 14. Identify the tie point to the Real Point of Beginning along the section line in N. Linder Road (ie Calculated Point, Set Pin, Found Pin etc.) 15. Increase the width of the Public Utilities, Drainage and Irrigation Easements to (8') eight-feet across the north side of Lot 17 and 14, Block 25, and the south side of Lot 6, Block 27. These areas all have pressurized irrigation transmission mains within them. ] 6. Staffs failure to cite specific ordinance provisions or tenns of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS FP-04-004 M : b:f .t PI" 3 Ofs;fIlS SubS.FP.doc Mayor & City Council Hearing Date: February 10, 2004 Page 4 of 4 I. All ilTigation ditches, laterals or canals, exclusive of natural waterways, intersecttng, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. PIans will need to be approved by the appropriate irrigation/drainage district, or Iateralusers association, with written confinllation of said approval submitted to the Public Works Department. J 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 inigation. 3. One-Hundred watt (100w), high-pressure sodium streetlights will be required at locations designated by the Public Works Depm1111ent. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Fi llal design locations and quantity are detel1l1 i ned after power designs are comp leted by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Sewer and water mains shall be extended to and through the proposed development, thereby making the available for adjacent properties. 6. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Depat1ment. 8. Provide sidewalks in accordance with the MCC. STAFF RECOMMENDATION Staff recommends approval of the final plat for Lochsa Falls Subdivision No.8 with the above stated comments & conditions. FP-04-004 Ex/a,to,'" "It" 'I (151:/115 Sub8.FP.doc rt:u, O. lIJUl\ l.l\Jt'M NO. ~ I ~ ~ p, 41 D c;z: / YV;Y<..J ...7nr(fJCJ'f-:' _.y.:'..y't) Mayor and City Council City of Meridian 33 East idaho Avenue Merid.ian, 1D 83642 i'rlt-~'~il~~ . -y......._.RECEIVED >:. ," L 1 ( j,{ I, I) ~1Jl FEB 0 6 2004 .L: 1 ...J.. ~ '".~ _3 b .6 2f.. \~ t~ 1 '1'1\14 Ity OfM CTlilt (Jl~~ Cil~~fl~ City Of Meridian Ci'ty Clerk Office February 6, 2004 Rc: Lochsa Subdivision No.8 Final Plat (File No. FP 04-004) Dear Mayor and Council: The following is in response to staffs comments for lhe February 10,2004 Hearil'lg. SITE SPECIFTC REQUIREMENTS . 1. The Applicant will comply with terms of approvals. 2. The Applicant will comply with pressurized inigation requirements. 3. The Applican1 will comply. 4. The Applicant will comply with fencing requirements. 5. The final plat will be revised in accordance with staff comments. 6. Approval of the landscape plan dated 1':'5-04 is noted. 7. The Applicant will comply \Vith sewer and wateJ; ~onslruction requirements. 8. The Applicant w111 pay all applicable fees prior to signature on the final plat. 9. Noted. 10. The final plat will be revised in a.ccordance with staff comments. 11. The fmal plat will be revised in accordance wi Lh staff eommel'! ts. 12. The final plat will be revised in accordance with staff comments. 13. The finaJ plat will be revised in accordance with staff comments. 14. The final plat will be revised in accordance wiLh staffeommenls. 15. The final plat will be revised in accordance with staff comments. f:\ti3.rwC'lt\lu~!in\Con~II.och... 11,,1t.\1Vft>rirlbn ('i~\City 1I~1'""I,\Frn~l pbr i;omlrlC1l1,\r.P~("nmn'lM\I'''cSlmn>>~ Il,~' 41.9/. I:' (41'<'.fd't'll ;;"~"~.;I~).~.l 1~~'r:iI<r(I(tJj,,, ~~1J4... (.2'I<Y) .\\f\I'.(Mt9 FEE 06 '04 14:38 ~3LII It T ~ ..-r ~ [hi.\' (.U()'~.PI(,: '.!041 r~u, O. 'VVlf '.'Ot"M f'lO.~I~~ p. ~/~ Mayor and City Council February 6,2004 Page 2 ] 6. Noted. GENERAl, REQUIREMENTS 1. The Applicant will conipJy. 2. The Applicant will comply_ 3. The Applicant will comply. 4. The Applicant will comply. 5. Thc Applicant win comply. 6. The Applicant's engineer will comply. 7. The Applicant will comply. 8. The Applicant will comply. We believe this letter addresses all of your concems. Please feel free to call me if you have additional comments or questions. Sincerely, ~~ / Justin Martin cc: Briggs Engineering Inc. P:\Pal'wcst\Jusfin\Contrachl\OI Loch~u Fal1s\Mcl'idiill'\ Cil)'\C:lty RcpurlslJlinlll pI:.! COn1.mCJIts\!iPXC:nmmel1l~Res'ponse,doc FEB 0h '~4 14:~q e .tcJ\ : b; t Of B" ;..".f;. R THIRD PARTY BilLING AGREEMENT SERVICE FEE , '. "'.10" .{ -:'c.,J ,. l3 ri clian Offiee Third party biJJing agree allows a homeowner or property management company to instruct the Utility Billing Department to send the monthly utiJity bill to a third party, such as a renter. Delinquency notices will be sent to both the renter/tenant and the property owner. The service requires: 1. The property owner or property agent comes in and fills out an agreement, the agreement is notarized, entered into the Utility Billing System, and filed in Utility Billing. .26 per minute * 15 minutes = $3.90 .26 per mi!lute is the average salary plus benefits for Utility Billing Clerk 2. The Water Department sends a meter reader out to read the meter. .40 * 30 minutes = $12 .40 per minute is the average salary plus benefits for Utility Billing Clerk 3. The Utility Billing Department sends out extra delinquent notice to property owner and tenant. .37 * 6 = $2.22 Prepare and mail .26*2*6 =$3.12 Assumes two delinquent notices required 50% of the time Two minutes Utility Billing time to prepare and mail Total Cost $3.90 $12.00 $5.34 $21.24 IFEE $20.00[ n ~ THIRD PARTY BilLING AGREEMENT SERVICE FEE City Of Meridian City Clerk Office Third party billing agree allows a homeowner or property management company to instruct the Utility Billing Department to send the monthly utility bill to a third party, such as a renter. Delinquency notices will be sent to both the renterltenant and the property owner. The service requires: 1. The property owner or property agent comes in and fills out an agreement, the agreement is notarized, entered into the Utility Billing System, and filed in Utility Billing. .26 per minute * 15 minutes = $3.90 .26 per minute is the average salary plus benefits for Utility Billing Clerk 2. The Water Department sends a meter reader out to read the meter. .40 * 30 minutes = $12 .40 per minute is the average salary plus benefits for Utility Billing Clerk 3. The Utility Billing Department sends out extra delinquent notice to property owner and tenant. .37 * 6 = $2.22 Prepare and mail .26*2*6 =$3.12 Assumes two delinquent notices required 50% of the time Two minutes Utility Billing time to prepare and mail Total Cost $3.90 $12.00 $5.34 $21.24 IFEE $20.001 Memo City of Meridian To: Mayor, Tammy De Weerd Cctn:tn.=r\ a N:ry Ca.n:iTa'\ ~Bd Ca.n:iTa'\ Chn:!R:uilee Ca.n:iTa'\ SIw1Wnfe From: Stacy Kilchenmann, Financial Director Date: 1/912004 Re: Third Party Billing Fee R CEIVED JAN 0 .q 2004 Cibl Of II ff 'dj City Cle~:::o11. ~ an. A . Lflee I purpose that the fee for the third party billing fee be $20, determined as documented below. public hearing and add the fee to the Water and Sewer rate schedule. With Council's approval we can hold a THIRD PARTY BILLING AGREEMENT SERVICE FEE Third party billing agree allow s a homeow ner or property management corrpany to instruct the Utility Billing Department to send the monthly utility blJl to a third party, such as a renter. Delinquency notices w ill be sent to both the renter/tenant and the property ow nero The service requires: 1. The property ow ner or property agent comes in and fills out an agreement, the agreement is notarized, entered into the Utility Billing System, and flied in Utility Billing. .26 per minute" 15 minutes = $3.90 .26 per minute is the average salary plus benefits for Utility Billing Clerk 2. The Water Department sends a meter reader out to read the meter. .40'" 30 minutes = $12 .40 per minute is the average salary plus benefits for Utility Billing Clerk 3. The Utility Billing Department sends out extra delinquent notice to property ow ner and tenant. .37 .. 6 = $2.22 Prepare and mall .26'"2'"6 =$3.12 Assumes two delinquent notices required 50% of the time Tw 0 minutes Utility Billing time to prepare and mall Total Cost $3.90 $12.00 $5.34 I FEE $20.001 . Page 1 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on February 10, 2004, for the purpose of reviewing and considering the proposed new service fee for the Third Party Billing Agreement through the City of Meridian Utility Billing Department. The proposed new fee would be $20.00, which would cover the cost of allowing the property owner or property manager to instruct the Utility Billing Department to send the monthly bill to a third party (renter or tenant) as well as the delinquency notice. A more particular description of the above proposed fee is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. J!~~ DATED this 23rd day of January, 2004. PUBLISH the 27th of January and the 3rd of February, 2004. CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET February 10, 2004 ITEM # 13 DATE PROJECT NUMBER Third Party Billing Agreement PROJECT NAME NAME (PLEASE PRINT) FOR AGAINST NEUTRAL - February 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT ITEM NO. --13 REQUEST Public Hearing -- Proposed new service fee for the Third Party Billing Agreement February 10, 2004 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: l'-lAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: ;;J ~)V' " ~vU vL' oVr r ~po US WEST: II'-lTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emoiled: Date: Stoff Initials: Phone: Materials presented at public; meetings shall become property of the City of Meridian. January 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT January 13, 2004 ITEM NO. --" REQUEST Finance Memo for Third Party Billing Agreement AGENCY COMMENTS CITY CLERK: See attached Memo 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: ~o I cPl~/ i.t nnr P (F }U' ~ LV o (V'V r;JJ \ 9 I fj~' Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shalt become properly of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 02127/04 09:69 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT .00 11 111/111 III [1111111111111111111111I111 104022056 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER 0 F THE REQUEST FOR ) VACATION OF A PORTION OF PENN\VOOD) STREET RIGHT-OF-\V A Y AND 3RD AVENUE,) FOR TROUTNER BUSINESS PARK ) DEVELOPMENT CORPORATION ) ) ) ) ) ) ) ) TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION, APPLICANT. c/e 0 I /20/04 CASE NO. V AC-03-007 FINDINGS OF FACT AND CONCLUSIONS OF LA \V AND ORDER OF VACATION This matter coming on regularly before the City Council at its regular meeting held on January 20, 2004, at the hour of 7:00 p.m., and Brad Hawkins-Clark Planner !II Cor the Planni ng and Zoning Department, and Ryan Adelman, appeared and testified at the hearing, ancl the Council having received the record from the PlalUling and Zoning Commission and its recommendations to the City Council, and no objection having been received makes the fol I o'vvi ng Findi ngs 0 f Fact and Dec isi on and Order. STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW Findings of Fact and Conclusions of Law and Order of Vacation for Troutner Buslllcss Park - V AC-OJ.Q07 PACiE I OF [I 1. Easements shall be vacated in the same manner as streets. {1.c. ~ 50-] 325}. 2. The vacation of easements were accepted as part ofa platted subdivision shall be vacated pursuant to the provision of Chapter 13, Title 50 Idaho Code {I.c. ~ 40- 203 (6)}. 3. Any person, firm, association, corporation or other legally recognized form 0 f business desiring to vacate a part of a plat which is inside the boundaries of any City must petitlon the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Writtcn notice of pu b 1 ic hearing on said petition shall be gi ven, by certi fled III aJ I wi th return recei pt, at lcast ten ( I 0) days prior to the date 0 f pu b lic hearing to a 11 proper! y owners witJlin thrce hundred feet (300') ofthc boundaries of the area described in the petition. Such notice of public hearing shall also be published once a weck for two (2) successive weeks in the official newspaper of the city, the last ofv/hich shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a porti on 0 f a cellletel-y plat where there has been no interment, or in the case ofa cemetery being within three hundred feet (300') of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein have beell fulfilled, the city council may grant the request to vacate with sllch restrictions as they deem necessary in the pub 1 ic interest. In the case of easements granted [or gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occllr upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {l.c. ~ 50-1306A (1), (2), (3) and (5)} 4. Pursuant to Meridian City Code ~~ 12-10-1 A and Bane! 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: L Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Findings of Fact and Conclusions of Law and Order of Vacation for Troutner Business Park - V AC.03-007 PAGE 2 OF 11 Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. 2. Administrator Action: Upon receipt of the completed application, the Administrator shall amx the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fi fteen ( 15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Counci I for ei ther an approval, conditional approval, or denial. 2. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by lavv. The Council may approve, deny or modify the applic3tion. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights ofv/ay in such proportions as are prescribed by law. 2. Street Improvements; Bond: When considering an application for dedicatioll procedures, the Council may approve, deny or modi fy the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. FINDINGS OF FACT 1. Troutner Business Park Development Corporation (Mary Ballantyne-President) fi led a petition for the vacation of six parcels ofright-of-way located approximately 200 feet south of Franklin Road and approximately 500 feet west of Meridian Road, and all of the platted right-of-way known as Southwest 3rd Avenue for Troutner Business Park, Mel'idian, Idaho, and which all of the parcels were platted with Troutner Business Park Subdivision No.1 in 1997, and lie within Township 3 North, Range 1 West, Section 13 of the Boise Meridian, Ada Findings of Fact and Conclusions of Law and Order of Vacation for Troutner Business Park - V AC-03-007 PAGE 3 OF 11 County, Idaho. Four parcels proposed for vacation lie along the north and south boundaries of the Penllwood Street right-of-way. The Pennwood Street parcels are all 3 feet wide, and approximately 420 feet long (east of 3rt! A venue) and 290 feet long (west of 3rd Avenue). The other two parcels proposed for vacation are all of the platted right-of-way known as Southwest 3rt! Avenue. Third Avenue was platted 60 feet wide, and approximately 980 feet long. Together, the parcels total approximately 61,610 square feet or 1.42 acres, more or less. The applicant is requesting the vacation of six feet (three feet on each side) ofPennwooc1 Street because ACHD required right-of-way for a commercial street has changed from 60 feet to 54 feet and the 6 feet will be incorporated into a new preliluinary plat (Troutner Business Park Subdivision No.2, PP-03-034). In addition to the Penl1wood Street right-of-way, the applicant is requesting vacation approval for all of the platted right-of-way for 3rd Avenue. The applicant claims that extending 3rd Avenue to the south as a stub street will interfere with the adjacent property O\Vllel' because Corporate Drive is also platted for extension adjacent to that site. The portion 0 f 3rd Avenue, north 0 f Pennwood Street, is proposed for vacation because the two buildable lots that were platted on either side of3rd Avenue are proposedtQ be one buildable lot for an RV. Parle The applicant is concurrently proposing to re-plat the subject right-of-way for Pennwood Street and 3rd Avenue within the proposed Troutner Business Park Subdivision No.2 (PP-03-034). The Iega] description ofthe vacation of Troutner Park Subdivision, is the subject of this petition, is: Legal Descdption Troutner Park Subdivision No.2 Right-or-Way Vacation for 3rd Street and a portion of W. Pennwood StI-eet December 16,2003 Three parcels of land all in the Northeast ~ of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: All of3 rd Street Right-of - Way on the north side ofW. Pennwood Street as shown on the Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada County Records. AND The northerly 3.00 feet of the easterly 794.81 feet ofW. Pennwood Street Right-of-Way as shown on the Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada County Records. Findings of Fact and Conclusions of Law and Order of Vacation for Troutner Business Park - V AC-03-007 PAGE 4 OF 11 AND The southerly 3.00 feet ofthe easterly 790.68 feet ofW. Pennwood Street Right-of-Way as shown on the Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada County Records. The area contained on the four parcels described above is i .25 acres more or less. 2. The particular circumstances ofthe requested vacation is: The vacation of six parcels of right-of-way located approximately 200 feet south of Franklin Road and approximately 500 feet west of Meridian Road, and all of the platted right-of-way known as Southwest 3rd Avenue for Troutner Business Park, Meridian, Idaho, and which all of the parcels were platted with Troutner Business Park Subdivision NO.1 in 1997, and lie within Township 3 North, Range 1 West, Section 13 of the Boise Meridian, Ada County, Idaho, the applicant desires to have vacated. Four parcels proposed for vacation lie along the north and south boundaries of the Penn wood Street right-of-way. The Penll wood Street parc~ls are all 3 feet wide, and approximately 420 feet long (east of3rd Avenue) and 290 feet long (west of3rd Avenue). The other two parcels proposed for vacation are all of the platted right-of-way known as Southwest 3rd Avenue. Third Avenue was platted 60 feet wide, and approximately 980 feet long. Together, the parcels total approximately 6] ,610 square feet or 1.42 acres, more or less. The applicant is requesting the vacation of six feet (three feet on each side) of Penn wood Street because ACHD required right-or-way for a commercial street has changed 6'om 60 feet to 54 feet and the 6 feet will be incorporated inlo a new preliminary plat (Troutner Business Park Subdivision No.2, PP-03-034). In addition to the Pennwood Street right-of-way, the applicant is requesting vacation approvaL for all of the platted right-of-way for 3rd Avenue. The applicant claims that extending 3rd Avenue to the south as a stub street will interfere with the adjacent property owner because Corporate Drive is also platted for extension adjacent to that site. The portion of3rd Avenue, north of Penn wood Street, is proposed for vacation because the two buildable lots that were platted on either side of3rd Avenue are proposed to be one buildable lot for an R.Y. Parle The applicant is concurrently proposing to re-plat the subject right-of-way for Pennwood Street and 3rd Avenue within the proposed Troutner Business Park Subdivision No.2 (PP-03-034).. 3. The applicant shall obtain approval of the requested vacation from the Ada County Highway District and any other applicable public utility, agency, or authority. Findings of Facl and Conclusions of Law and Order ofYacation for Troutner Business Park - Y AC-03-007 PAGE 5 OF 11 4. Written notice ofthe public hearing of this petition was given by certified mail with return receipt at least ten (10) days prior to the date of the public hearing to all property owners wi thin three hundred feet (300') of the bOLllldari es 0 f the area described in the petition, and such notice was also published once a week for two (2) successive weeks in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 5. All publication costs have been paid by the petitioner. 6. The subject properties are located approximately 200 feet south of Franklin Road ancl approximately 500 feet \vest of Meridian Road, wi thi n Section 13, Township 3 North, Range] West. 7. The owner of record of the right-of-way is the Ada County Highway District. 8. The Applicant, Troutner Business Park Development Corporation, Mary Ballantyne, President, the abutting property owner, has submitted the request for the proposed vacations. 9. The Recommendations and/or conditions pertaining to the vacation that the applicant shall be required to follow, are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning COlllmission as follows: I. Delete special consideration #3 on page 2 of the submitted staff report. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as fo llows: 1. Process: The Subdivision and Development Ordinance (Title 12), Chapter 10, requires the Planning & Zoning Commission to revie\v and make a recommendation on Vacation applications. A public hearing is then required before the City Council. State statute requires an easement vacation be filed when an irrigation easement is involved. 2. Utilities: The Applicant should provide verification and testimony at the public hearing whether or not the right-of-way contains any utilities. It is not anticipated that any utilities are located within the right-of-way because it is unopened and has never been developed for public access. Findings of Fact and Conclusions of Law and Order of Vacation for Troutner Business Park - V AC-03-007 PAGE 6 OF 11 3. Prior to issuance ofa building permit, or signature ofa Final Plat on the subject properties, the Applicant shall submit evidence that the right-of-\vay requested for vacation, and any public utilities, has been approved by all required agencies and authorities. C. Adopt the Recommendations and/or action of the City C ounci I taken at their January 20, 2004 meeting as follows: For clarification: 1. The reduced width of Penn wood Street is approved. Vacation of Third Street north of Penn wood is approved. Vacation of Third Street south of Penn wood is not approved, but applicant may move this stub street if approved by Ada COLlnty Highway District. DECISION AND ORDER OF VACATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING ST A TEIVIENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council does hereby ORDER and this does ORDER that: I. The following is the legal description of the vacation ofTrolltner Park Subdivision, and hereby consents to the vacation: Legal Description Troutner Park Subdivision No.2 H.ight-of-Way Vacation for 3n1 Street and a portion ofvV. Pennwood Street December 16, 2003 Three parcels 0 f land all in the Northeast Y4 0 f Section 13, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho and more particularly described as follows: All on rd Street Right-of - Way 011 the north side of W. Pennwood Street as shown on the Troutner Park Subdivision recorded as Instrument No. 97099 I 11 in the Ada County Records. FlIldings of Fact and Conclusions of Law and Order of Vacation for Troutner Business Park - V AC-03-007 PAGE 7 OF 11 AND The northerly 3.00 feet of the easterly 794.81 feet ofW. Penmvood Street Right-of- Way as shown on the Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada County Records. AND The southerly 3.00 feet of the easterly 790.68 feet ofW. Pennwood Street Right-of-Way as sho\vn on the Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada COllnty Records. The area contained on the four parcels described above is 1.25 acres Illore or less. 2. The petition for vacation of three feet of ACHD right-oC-way on each side of' Pennwood Street for Troutner Business Park Subdivision No.2, is hereby granted as long as the following recommendations and/or conditions are follows: The Recol~1mendations and/or conditions pertaining to the vacation that the applicant shall be required to follow, are as fo]]ows to-wit: A. Adopt the Recommendations of the Planning and Zoning Commission as follows: I. Delete special consideration #3 on page 2 of the submitted staff report. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. Process: The Subdivision and Development Ordinance (Title 12), Chapter 10, requires the Planning & Zoning Commission to review and make a recomlllendation on Vacation applications. A public hearing is then required before the City Council. State statute requires an easement vacation be filed when an irrigation easement is involved. 2. Utilities: The Applicant should provide verification and testimony at the public hearing whether or not the right-of-way contains any utilities. It is not anticipated that any utilities are located within the right-of-way because itis unopened and has never been developed for public access. Findings of Fact and Conclusions of Law and Order of Vacation for Troutner Business Park - V AC-03-007 PAGE 8 OF 11 3. Prior to issuance of a building permit, or signature of a Final Plat on the subject properties, the Applicant shall submit evidence that the l-ight-of-way requestcd for \ideation, and any public utilities, has been approved by all required agcncies and authorities. C. Adopt the Recommendations and/or action of t he City C ouncilt aken at their January 20, 2004 meeting as follows: For clarification: 1. The reduced width of Penn wood Street is approved. Vacation of Third Street north ofPent1wood is approved. Vacation of Third Street south ofPelU1woocl is not approved, but applicant may move this stub street if approved by Ada County Highway District. 3. The City Clerk shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney's office. 4. The City Clerk shall cause a certified copy of this order to be recorded with the Ad8 County Recorders office. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY T AKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action ofthe goveming body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- Findings of Fact and Conclusions of Law and Order of Vacation for Troutner Business Park - V AC-03-007 PAGE90FIl eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. Yflction of the City Council at its regular meeting held on the / O~ay of -:e~ , 2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ VOTED$~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED~ COUNCILMAN KEITH BIRD MA YOR TAMMY de WEERD (TIE BREAKER) DATED: 2 -/0 -0.(- VOTED - Attest: ~~ - "& ;; William G. Berg, Jr., Cit Clerk ~ 1"A Q(;,sr 1<':\ ' .f;? ,f ........... v - .~ ~ /// "9 ^ .;f;) '9;. :-....' \ \lllllt 11/1 . . //// "',;(1., H.,""'''[ ~ ."".... . \\\\\ III11 Copy served upon Appltcant, the Plannll1g rrl'ld..-z:ol1m~,'pel'5artl11ent, Publtc Works De~~-111-em Mf;':::}}r,'/I// . ,.".' ~ ,,"" "<'{!. /" and City Attorney. ., . ~'a onPrw:-., =fA.. ~ ~ '.CJ 1 '-'CV1/; lY , ~ ~r ~o ~ ~ - Byc-/l~t9--~ ~ DATED ")..-/O-tJW- = City Clerk Findings of Fact and Conclusions of Law and Order of Vacation for Troutner Business Park - V AC-03-007 PAGE 10 OF II STATE OF IDAHO, : 55. County of Ada. On this j:/"'- day of 1e.b~, 2004, before me, the undersigned. a Notary Public in and for said State, personally appead?d TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Merid ian, Idaho. and who executed the within instrument, and acknowledged to me that the City of Meridian executed the sume. IN WITNE~~IMlI~OF, I have hereunto set my hand and affixed my official seal the day and ~~ ~4 year first above ~k.l\(tB L 8.L q".... ..... "-~ .oO ..u..... <"'./" 'A .... C'ro l-~.O u. -r.:r....,. $ .... .. 0.. Tr ~ :.: .0 ...;\.OT A.R 1_ 00.. ':. :.~ ~.:. :: * : -.- : * : : , . : \ 'ft. .fJlJBL'lh S .. _1'0 . ... ~ ....)> o. 0 $ ", <1 ......... ~ t..:o ""'q/'/j 0 F \-p. ~........ ~~....DII"II"" (SEAL) Z:\WorkJvJljVlcndial1\rvlcridian I 53WlvllTroulncr Business Park Sub No.2 V Ae-03- 007\1' It 'IOrdV acO IJ FCCIO fA C' II D Righ lofW a yon Penn \\'ood .doc Findings of Fact and Conclusions of Law and Order of Vacation for Trouh1er Business Park - V AC-03-007 PAGE 11 OF 11 t) tf /.;20 IfrJ / I FEB 0 4 2004 City Of Meridian City Clerk Office BEFORE THE CITY COUNCIL OF THE CITY OF MElUDIAN IN THE [\/(ATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR SODA SPRINGS SUBDIVISION FOR 57 BUILDING LOTS AND 9 OTHER LOTS ON 11 ACRES LOCATED AT 2310 E. VICTORY ROAD AND 2384 E. VICTORY ROAD, MERIDIAN, IDAHO BY: JLJ ENTERPRISES, INC., APPLICANT C/C 12/09/03 C/C 01/06/04 Revised per C/C 01/27/04 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-03-027 FINDINGS OF FACT AND CONCLUSIONS OF LA WAND ORDER OF CONDITIONAL APPROVAL OF PRELI1VIlNARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on December 9,2003 and continued until January 6,2004, and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Pubic Works Department, Fire Chief' Kenny Bowers, Meridian Police ChiefBiJl Musser, Jane Suggs, Lucien Samaha, Kathy Thompson, Marvin Hansen, Jeffrey ClingIer, Louise Godby, Nancy Hansell, Gene Buckland, ,lim Jewett, Michelle Buckland, Norm Wright, Donald Ferguson, and Bruce Mills, appeared and testified, and the City Council having received a report from Wendy Kirkpatrick Planner II for the Planning and Zoning Dep'~rtment, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PREUMINARY PLAT SODA SPRINGS SUBDIVISION / (PP-03-027) Council of the Planning and Zoning Commission and the preliminary plat being "JU ENTERPRISES, INC. SODA SPRINGS SUBDIVISION PREUMINAR Y PLAT, .J U ENTERPRISES, INC. SODA SPRINGS SUBDIVISION, A PARCEL OF LAND ALL LOCATED IN A PORTION OF THE SE ~ OF SW ~ OF SECTION 20 T.3N., R.I E., B.fvl., MERIDIAN, ADA COUNTY, IDAHO 2003, PROJECT NO.3 1099, DRA WING FILE NAME: 31 099-Jand-pe06, SHEET 1, DESIGNED BY: LMB, DRAWN BY: LMB, APPROVED BY: SAS, LAST EDIT: 10/13/03, PLOT DATE: 10/21/03, HANDWRITTEN DATE: 10-21-03, ST AM ED DATE: RECEIVED OCT 23 2003 CITY OF MERIDIAN CITY CLERK OFFICE, PLANNER/CONTACT: JANE SUGGS, DEVELOPER INFORMATION: JU ENTERPRISES, INC, ENGINEER INFORMATION: W&H PACIFIC", JU Enterprises, Inc., Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code ~ 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada COllnty, however, an application for annexation and zoning to R-8 is before the Council, and requires connection to the Municipal \Vater and Sewer System. [Meridian City Code ~ ] 1-7-2 D] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SODA SPRINGS SUBDIVISION I (PP-03-027) 2 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions oCpreliminary plat approval. Sewer and water lines will need to be extended by the developer from mains in Victory and Locust Grove Roads. All other public services and facilities appear to be adequate to serve this property. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. 5. The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of allY sllch concerns brought to the Council's attention. 6. It is found that the Recommendation To City COLlncil of the Planning ancl Zoning Commission is reasonable ancl appropriate for the conditions of approval oCthe preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing ofthc preliminary plat herein designated as: "JLJ ENTERPRISES, INC. SODA SPRINGS SUBDIVISION PRELIMINARY PLAT, JLJ ENTERPRISES, INe. SODA SPRINGS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SODA SPRINGS SUBDrVISION 1 (PP-OJ-027) ~ j ( SUBDIVISION, A PARCEL OF LAND ALL LOCATED IN A PORTION OF THE SE III OF SW ~ OF SECTION 20 T3N., R.l E., B.M., MERIDIAN, ADA COUNTY, IDAHO 2003, PROJECT NO. 31099, ORA WING FILE NAME: 31099-land-peo6, SHEET I, DESIGNED BY: LMB, DRAWN BY: LMB, APPROVED BY: SAS, LAST EDIT: 10/13/03, PLOT DATE: TO/21/03, HANDWRITTEN DATE: 10-21-03, STAMED DATE: RECEIVED OCT 232003 CITY OF MERIDIAN CITY CLERK OFFICE, PLANNERJCONT ACT: JANE SUGGS, DEVELOPER TNFORMA TrON: ILl ENTERPRISES, INC., ENGINEER INFORMATION: W &H PACIFIC". 8. The City Council recognizes the concerns of Marvin and Nancy Hansen expressed in their letter dated October 2,2003. The City Council also recognizes the Petition dated: RECEIVED SEP 25 2003 City orrvleridian City Clerk Of lice, and which has been entered into public record, by the homeowners of Sherbrooke Hollows Subdivision, and the objection to the house sizes for Soda Springs in a letter from Andy C. Doll dated September 23,2003. Additionally, the narrative from Steven K. Harding dated: RECENED DEC 02 2003 City of Meridian City Clerk Office has also been entered into public record in this matter. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and baseclupon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THJS DOES ORDER I. The Preliminary Plat of the applicant as evidenced by having submitted the preliminary plat "JLJ ENTERPRISES, INC. SODA SPRINGS SUBDIVISION PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SODA SPRINGS SUBDIVISION / (PP-03-027) 4 ( PLAT, JU ENTERPRISES, INe. SODA SPRINGS SUBDIVISION, A PARCEL OF LAND ALL LOCATED IN A PORTION OF THE SE ~ OF SW ~ OF SECTION 20 T.3N., R.] E., B.M., MERIDIAN, ADA COUNTY, IDAHO 2003, PROJECT NO. 31099, DRAWING FILE NAME: 31 099-lancl-pe06, SHEET], DESIGNED BY: LMB, DRAWN BY: LMB, APPROVED BY: SAS, LAST EDIT: 10/13/03, PLOT DATE: 10/21/03, HANDWRITTEN DATE: ]0-21-03, STAMED DATE: RECEIVED OCT 23 2003 CITY OF MERIOIAN CfTY CLERK OFFICE, PLANNER/CONTACT: JANE SUGGS, DEVELOPER INFORMATION: JLJ ENTERPRISES, INe., ENGINEER INFORMATION: W&H PACIFIC", JLl Enterprises, Inc., Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Include fence line along eastern property line on plat. B. Adopt the Recommend ations of the Planning and Zon ing and Engi neeri ng sta ff as follows: SITE SPECIFIC COMMENTS (preliminary plat) 1. Sanitary sewer service to this project is being proposed via a main line extension down Victory Road. Currently the sewer trunk ends approximately 3,400 feet west of the project site. The appIicant shaIl be required to extend sewer mains to and through the proposed development. 2. Domestic water service to this site shall be via new main line extensions from existing mains. Currently water mains exist on the east side of the Ridenbaugh Canal, and at the southern edge of the Sherbrooke Hollows Subdivision in Locust Grove road. The subdivision designer to coordinate main sizing and routing with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDfTIONAL APPROVAL OF PRELIMINARY PLAT SODA SPRINGS SUBDIVISION I (PP-03-027) 5 the Public Works Department. The applicant shall be required to extend water mains to and through the proposed development. 3. Applicant shall submit a site plan depicting how homes wlll fit on the lots in Block 2 of the proposed subdivision. 4. Applicant shall prohibit parking in the proposed alleys and garage aprons located in blocks 2, 3,4, andS. If the site plan is revised and 20' aprons are provided for each garage, parking will be permitted on the aprons for lots in blocks 2,3,4, and 5. 5. Fencing details shall be submitted with the Final Plat application. Fencing adjacent to pathways or the common area lots shall not be over three feet in height if constructed of a solid material, and shall not be more than 4 feet in height if it is non-sight obscuring. A solid, 6-foot high perimeter fence shall be installed prior to any building permits being issued, unless agreed to otherwise in \vriting by the Planning Director. 6. All adjacent agricultural uses shall be protected and a note added to the face ol'the plat regarding the Right to Farm Act. 7. The required landscaping and irrigation system shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. Landscaping and fencing must be bonded for prior to applying for building permits. 8. No phasing lines were shown on the preliminary plat. If phasing is planned, applicant shall submit a revised plat prior at least 10 days prior to the next pub lic heari ng showing the proposed phase lines. 9. Underground pressurized irrigation must be provided to all landscape areas on site. The applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. [0. 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 avai lable, a si ngle-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 01' assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SODA SPRINGS SUBDIVISION I (PP-03-027) 6 II. Please submit all updated groundwater monitoring data to the Public Works Department for review. All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 OO-year storm events, and for a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: I. The project engineer should pay close attention to the results offield stud i es determ i n i ng the grou ndwater, soi I type & and characteri sti cs duri ng the deSign and construction phases. The engineer shall be required to certi 1')1 that the street centerline elevations arc set a minimum of3-fect above the highest established nonnal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. GENERAL COMMENTS (preliminary plat) 1. Please submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat 4. Two-hundrecl-fi fly and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department All streetlights shall be installed at subdivider's expense. Typical locations arc at street intersections and/or fire hydrants. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-]3. The ditches to be piped shou Id be shown on the si te plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said appmval submitted to the Public Works Department. 6. Any existing domestic wells and/or septic systems within this project will have to be removed fi'Oll1 their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. FfNDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROV AL OF PRELIMINARY PLAT SODA SPRINGS SUBDIVISION I (PP-03-027) 7 7. Graphically depict any FEMA flood plain boundaries. Note restrictions associated with the flood zone on the face o[the preliminary plat. 8. Performance specifications for the common area pressu rized irrigation system sh<lll be submitted with each Final Plat application. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation a total of35-feet of right-of-way from centerline along Victory Road, and construct a minimum 5-foot wide concrete sidewalk along V ictory Road, located a minimum 0 f2 8- feel from the centerl i ne 0 f thc ri ght-o f- way. b. Do not dedicate additional right-of-way, but construct a minimulll 5-foot wide concrete sidewalk along Victory Road, located a minimum of 28-lcct from the centerline ofthe right-of-way, in an easement provided to the District. c. Do not declicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the ex isti ng right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct the main entrance to be located so that Gunnell Avenue intersects Victory Road approximately 385-feet east of the west property line. 3. Construct Gunnell Avenue and Tigert Street as 36-foot street sections with curb, gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 50-feet of right-of-way. 4. Construct Conda A venue and McPherson Street as 29-foot street section \vith curb, gutter and 4-foot detached sidewalks that are separated by <IS-foot planter strip within 42- feet of right-of-way. 5. Construct Hudspeth A venue as one-half of a 29-foot street section with curb, gutter and 5-foot concrete sidewalk on the west side of the roadway and a 3- foot FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SODA SPRINGS SUBDIVISION / (PP-03-027) 8 gravel shoulder on the east side of the roadway with a minimum of 24-feet of pavement within a minimulll of 35-feet of right-of-way, as proposed. 6. Construct two 16-foot wide alleys within the subdivision located perpendicular to Tigert Street and McPherson between Conda Avenue and Gunnell Avenue AND between Gunne II A ven ue and Hudspeth A ven Lie. Construct the alleys to ha \'c a back-or-curb radius of IS-feet at all intersections and pave the alleys their entire \vidth of 16-fect. Any drivcways that are proposed to access an alley shall be located a minimum of25-feet from the nearest public street and the minimum clear distance from the back of any pat-king stall to the opposite side of the alley shall be 22- feet. 7. Construct one knuckle without a center island located in the nortlnvest corner of McPherson Street ancl Conda Avenue, as proposed. 8. Construct-Hudspeth Avenue on the east property line to serve as a quasi stub street for the property that is located directly to the east, as proposed. 9. Construct a temporary emergency access road that will intersect Victory Road approximately 1 O-feet west of the east property line and extend to the north to intersect Tigert Street, as proposed. Install traffic boUards within the emergency access to minimize the connection. 10. Other than the access points that have specifically been approved with this application, direct lot access to Victory Road is prohibited. Lot restrictions prohibiting access to Victory Road shall be placed on the final plat. II. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-o f-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. FINDINGS Of fACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SODA SPRINGS SUBDIVISION I (PP-03-027) 9 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable'requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIG LINE (1- 800-342-1585) at least two full business days prior to bre8king ground within ACHD right-of-way. The applic8nt shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during allY phase of cOllstruction. 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 8uthorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. II. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with ai' 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SODA SPRINGS SUBDIVISION / (PP-03-027) 10 wai verlvariance of said requirements or other legal relief is granted pursuant to the Imv in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: The fa 1I0wi ng wi II be the requ i rements and/or concerns to provide m inimumlcvels 0 r fire protection for the proposed project: 1. The phasing plan may require that any roadway greater than ISO' in length that is not provided with an outlet shall be req uired to have a tmn aro und. 2. All roads shall have a turning radius of28' inside and 48' outside. 3. A minimum of two points of access will be required for any portion ofthe project, which serves more than 50 homes. The emergency access road will require either a 20' wide swing gate or bo llards, and if bo !lards are used then the Meridian Fire Department wi II need to approve of them. The location on Block 1 Lot 18 is approved. 4. Provide a firc-now per the Intcrnational Fire Code Appendix D to service thc projcct. Fire hydrants shall be placed an average of 400' apart. E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. A Land Use Change Application is required by the District before comment or approval can be made on the CUP, and the Application must also be reviewed on the PP prior to final platting. 2. All laterals and waste ways must be protected. All municipal surface drainage must be retained all site. If any surface drainage leaves the site, the District must review drainage plans. 3. The developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations ofthe Central District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. FINOlNGS OF FACT AND CONCLUS10NS OF LAW AND ORDER OF CONOlTJONAL APPROVAL OF PREUMINARY PLAT SODA SPRINGS SUBOlV1SION I (pP-03-027) II 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Storm water shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stom1\vater managemcnt system that prevents groundwater and surface watcr degradation. G. Adopt the action of the City Council taken at their January 6,2004 meeting as follows: 1. Per the Parks Department, Developer shall build the pathway to approved pathway standards. 2. For clarification: I. The revised Preliminary Plat dated 10/21/03 is hereby approved for 57 building lots with 9 common lots, except the revised Preliminary Plat under Project Summary: Minimum Dwelling Size....... ..1200 sq. ft.i s not approved, and the minimum dwelling sizes are addressed in number G.6 herein below. 2. The Applicant shall increase the entry street width to 36'. By increasing the street to this width it will help to create more parking. Also, the front yard setbacks shall be reduced to I l' instead of 15' to additionally accommodate the 36' street width. {ACHD reviewed the proposed street layout and found that a network of one-way streets would not be beneficial to the circulation or safety in the proposed subdivision. ACHD is allowing the App]icant to construct a 36' street section, with parking allowed on both sides, within a 50' right-of-way. (Per ACHD's letter dated January 5,2004.) 3. The Applicant shall revise the street layout on the east side of the subdivisioll to illclude a rolled curb and gutter on the east side of Hudspeth A venue. 4. Applicant shall construct cedar fencing behind the 6,500 square foot lots. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROY AL OF PRELIlvlINARY PLAT SODA SPRINGS SUBDIVISION I (pP-03-027) 12 5. Applicant shall only be allowed one story homes to be built on the lots that back up to the one stOl'y homes in Sherbrooke Hollows. Bonus rooms shall be allowed in these homes, but no windows shall face into the Sherbrooke Hollows homes. 6. Minimum housing sizes shall be as follows: a. 1,500 sq. ft. minimum for one story homes bordering Sherbrooke Hollows. b. 1,750 sq. it. minimum for two story homes borderi ng S herb rooke Hollows. c. 1,300 sq. ft. minimum for homes backing up to Victory Road. d. 1,300 sq. ft. minimum for one story homes on alleys. e. 1,600 sq. ft. minimum for two story homes on alleys. 7. The sanitary sewer connection shall be directly westward on Victory Road to the larger Ten Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shall be diverted to the future Black Cat Sewer Trunk. 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) clays arler the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll thc time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within t\venty-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 theY ~-r!:!- FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PREUlvlINARY PLAT SODA SPRINGS SUBDIVISION I (PP-03-027) 13 day of c7 ~h~f' ROLL CALL ,2004. COUNCILMAN SHAUN WARDLE VOTED ~ COUNcrLMAN BILL NARY VOTED fjVv COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED_~- MA YOR TAMMY de WEERD (TIE BREAKER) - VOTED \\\11111111111/ \\\ '. III \\\ 0-::: ~\/l!:::"'" III ,,,\ "'\ ~ ~<........if'l~/Q-' ///, ,,,,.... ~~ ~::~~~f't~~ I ~/ $ (j ~_Oi~,l)Uilg r~ i. y ~ 2 ~~..J ~o S ~ ~ :: BEiSeL ::: ('? William G. Berg, Jr., City Ierk :::. -PC-Q ....c$' 0 2 ~ '0 u,sr 16\ . .:t-';- ,.~ -1 ..n ~ ,,' Copy served llpon Applicant, The Planllfbgaa.,=:.dl'WHkrg rJl(.partmellt, Public WO\l\l~S\\~I~"lllllll/1 . '//. ,,'c, '1\\1 \\' Or itAER,,,, 'I, Department and City Attorney. 'i'i,.: :, ,;,\1\' ,:,\' A'-{ 1'0& 111'1' " :-.,..'- 'rA. ~ ~::: (j _ O(\?0f14 r, . v ~ .:- if..J <0 .::;. 2 ~ ~ Dated 2- - 9-tJ #: C 8': ..~ ''\7 \:1:(,.... "OJ 0.2 ~. '<>.,. ,) r 1 S\ ' ,$ ,.s- . 'i (0\ ...~ nt-r"f . '\ \",.;::. . ., .,; \ \\ \ Attest: BY~#--k~/~' City Clerk (:\Wi1rk\M\ivlcri(han\iVlcridian I 5360M\Soda Springs Sub AZ-OJ.023 I'I'-03.()27 CUP-03-04J\FIClsOrdl'l' doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROY AL OF PREUMINARY PLAT SODA SPRINGS SUBDIVISION / (PP-03-027) 14 n b. 'ifj10h U j: L\.; ~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIANGitv Of Meridiml City Clerk Office C/C 12/09/03 CIC 01/06/04 Revised per C/C 01/27104 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR SODA SPRINGS SUBDIVISION IN AN R-8 ZONE, LOCATED AT 2310 AND 2384 EAST VICTORY ROAD, MERIDIAN, IDAHO JLJ ENTERPRISES, INC., APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-043 FINDINGS OF FACT AND CONCLUSIONS OF LA \V AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on December 9,2003 Clnd continued until January 6,2004, at the hour of7:00 p.m., at iVleridian City Hall, 33 East Idaho Street, Mericlian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Fire Chief Kenny Bowers, Meridian Poiice Chief Bill Musser, Jane Suggs, Lucien Samaha, Kathy Thompson, Marvin Hansen, Jeffrey Clingier, Louise Godby, Nancy Hansen, Gene Buckland, Jim Jewett, Michelle Buckland, Norm Wright, Donald Ferguson, and Bruce Mills, appeared and testi fled, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER CRANTING CONDITIONAL USE PERMIT PAGE 1 OF 22 and having duly considered the matter, the City COLlncil hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT I. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 9,2003 and continued until ,J,JJ1uary 6,2004, before the City Council, the first publication appearing and written notice having been maited to propet~ty owners or purchasers of record ,vithin three hundred feet (300') of the extemal boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service anl1ouncelT\ents; and the matter having been duly considered by the City Council at the December 9,2003 and continued until January 6,2004 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967.6509, 6512, and Mericlian City Code SS 11-15-5 and I] -17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and ProofofPosting filed with the staff' report. 3. This proposed development request is in an RUT zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE l'ERMIT PAGE 2 OF 22 Council on this application. 4. The property is located at 23! 0 and 2384 East Victory Road, Meridian, Idaho. 5. The owners of record of the subject property are Charles L. Creech ancl Clayton Record. 6. Applicant is JLJ Enterprises, Inc. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-8 (Medium Density Residential) before the City Council. The zoning district ofR-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development consisting of S7 single-family building lots with 9 other lots on II acres in a proposed R-8 zone for Soda Springs Subdivision. The R-8 zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject propel1y as Medium Density Residential. 10. The use proposed within the subject application will in fact, constitute <1 conditional use 8S determined by City Ordinance. 11. The City Council recognizes the concerns of Marvin and Nancy Hansen expressed in their letter dated October 2,2003. The City Council also recognizes the Petition dated: RECEIVED SEP 25 2003 City of Meridian City Clerk Office, and which has been entered FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 22 into public record, by the homeowners of Sherbrooke Hollows Subdivision, and the objection to the house sizes Cor Soda Springs in a letter from Andy C. Doll dated September 23,2003. Additionally, the narrative from Steven K. Harding dated: RECEIVED DEC 022003 City of Meridian City Clerk Office has also been entered into public record in this matter. ] 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 andl2, Meridian City Code and all current zoning Illaps thereof and the Comprehensive Plan or the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the follo\\/ing: A. Adopt the Speci al Recommendat ions 0 f the Planll i ng and Zoni Ilg Co 111 III ission as fo Ilo\vs: 1. Restrictions under CUP will be referenced on plat. 2. Minimum housing sizes for west and north lots are 1,500 s.f. for single story houses and 1,750 s.f. for two story houses. 3. The minimum house size for single story houses on Victory Rd. is 1,300 s.L 4. Minimum house sizes on alley lots are 1,300 s.f. for single story houses and 1,600 s.f. for two story houses. B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as folIows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 22 2. Applicant shall submit a detailed plan for the pmposed park and tot lot. 3. All development shall comply with the Americans with Disabilities Act and thc Fair Housing Act. 4. No building permits shall be issued within the development until a Final Plat has bccn recorded for the subdivision. C. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection (or the proposed project: I. The phasing plan may require that any madway greater than 150' in length that is not provided with an outlet shall be required to have a turn amund. 2. All roads shall have a turning radius of28' inside and 48' outside. 3. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The emergency access road will require eithcr a 20' wide swing gate or bollards, and if bollards are used then thc lVlcridian Fire Dcpartmcnt willnccd to approve of them. The location on Block I Lot l8 is appmved. 4. Provide afire-flow per the International Fire Code Appendix D to service the projccl.Fire hydrants shall be placed an average of 400' apart. D. Adopt the Recommendations of Central District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval from appropriate enti ties is submi tted. ') The Applicant's central sewage and central water plans must be submitted to ancl approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stol'1mvater shall be pretreated through a grassy swale prior to discharge to thc subsurface to prevent impact to groundwater and surface water q LI a I i ty. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PEltlVIIT PAGE 5 OF 22 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. E. Adopt the Recommendations of the Ada County Highway District as follows: A. Site Specific Conditions of Approval I. The applicant shall do one of the following: a. Dedicate by donation a tot<d oD5-feet of right-of-way from centerline along Victory Road, and construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of28-feet from the centerline of the right-of-\vay. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide cOllcrete sidewalk along Victory Road, located a minimum of28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct the main entrance to be located so that Gunnell Avenue intersects Victory Road approx imately 3 85-feet east of the west property line. 3. Construct Gunnell Avenue and Tigert Street as 36-foot street sections with curb, gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 50-feet of righl-o f-\vay. 4. Construct Conda Avenue and McPherson Street as 29-foot street section with curb, gutler and4-foot detached sidewalks that are separated by a 5-foot planter strip within 42-feet of right-of-\vay. 5. Construct Hudspeth Avenue as one-half of a 29-foot street section with curb, guttcr and 5-foot concrete sidewalk on the west side of the roadway and a 3- foot gravel shoulder on the east side of the roadway with a minimum of24-feet of pavement within a minimum of35-feet of right-of-way, as proposed. 6. Construct two 16-foot wide alleys within the subdivision located perpendicular to Tigert Street and McPherson between Conda Avenue and Gunnell Avenue AND between Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have a back-of-curb radius of IS-feet at an intersections and pave the alleys their entire width of 16-feet. Any driveways that are proposed to access an alley shall be located a minimum of25-feet from FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 22 the nearest public street and the minimum clear distance from the back of any parking stall to the opposite side of the alley shall be 22-feet. 7. Construct one knuckle without a center island located in the northwest corner of McPherson Street and Conda Avenue, as proposed. 8. Construct Hudspeth Avenue on the east property line to serve as a quasi stub street for the property that is located directly to the east, as proposed. 9. Construct a temporary emergency access road that will intersect Victory Road approximately 1 O-feet west of the east property line and extend to the north to intersect Tigert Street, as proposed. Install traffic bollards within the emergency access to minimize the connection. 10. Other than the access points that have specifically been approved with this application, direct lot access to Victory Road is prohibited. Lot restrictions prohibiting access to Victory Road shall be placed on the final plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facil ities shall be relocated outs ide 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 deveIopment. 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 ofIclaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance 0 f bu i Idi ng permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 22 7. Construction, lIse and property development shall be in conformance with all applicable requ i rements 0 f the Ada COLlnty Highway Distri ct prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #I 97, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities \vithin the right-of.. way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLlNE (1-800-342-1585) at least two full business days prior to breaking groLlnd 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. II. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with aU 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 propel'ty unless a wai verlvariance of said req ui rem ents or other legal rei ie f is granted pursuant to the law in effect at the time the change in use is sought. F. Adopt the action oCthe City Council taken at their January 6,2004 meeting as Collo\\'s: 1. Per the Parks Department, Developer shall build the pathway to approved pathway standards. 2. For clarification: l. The revised Preliminary Plat dated 10/21/03 is hereby approved for 57 building lots with 9 common lots, except the revised Preliminary Plat under Project Summary:fVIinimulll Dwelling Size.. ..... ..1200 sq. ft. is not approved, and the mininlum dwelling sizes are addressed in number 0.6 herein below. 2. The Applicant shall increase the entry street width to 36'. By increasing the street to this width it will help to create more parking. Also, the front yard setbacks shall be reduced to 11' instead 01' 15' to additionally accommodate the 36' street width. (ACHD reviewed the proposed street layout and found that a network of one-way streets would not be beneficial to FINDINGS OF FACT AND CONCLllSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 22 the circulation or safety in the proposed subdivision. ACHD is allowing the Applicant to construct a 36' street section, "vith parking allowed on both sides, within a 50' right-of"way. (Per ACHD's letter dated January 5, 2004.) 3. The Applicant shall revise the street layout on the east side of the subdivision to include a 1'0 lied curb and gutter on the east side of Hudspeth Avenue. 4. Applicant shall construct cedar fencing behind the 6,500 square foot lots. 5. Applicant sball only be allowed one story homes to be built on the lots that back up to the one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in these homes, but no windows shall face into the Sherbrooke Hollows homes. 6. Minimum housing sizes shall be as follows: a. 1,500 sq. [t. minimum for one story homes bordering Sherbrooke Hollows. b. 1,750 sq. ft. minimum for two story homes bordering Sberbrooke Hollows. c. 1,300 sq. ft. minimum for homes backing up to Victory Road. d. 1,300 sq. n. mil1imum for one story homes on alleys. e. 1,600 sq. fl. minimum for two story homes on alleys. 7. The sanitary sewer connection shall be directly westward on Victory Road to the larger Ten Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shall be diverted to the future Black Cat Sewer Trunk. 8. The drawing submitted at the City Council meeting held on January 6, 2004 and dated January 6, 2004 regarding the street section for Hudspeth A venue is hereby approved. 14. It is found that the su bject property's size 0 f II acres is large enough to accommodate the proposed residential development and all other required features. 15. The current Comprehensive Plan Land Use Map designates the property as "Medium Densi ty Resident i al". It is found that the proposed resiclentia I uses are harmon iOlls wi tb and in accordance wi th the Comprehensi ve Plan. The proj ectmeets the req ui remen ts and obj ecti vos 0 fthe Planned Development Ordinance. The applicant is proposing to include a park and tot lot amI install a regional pathway bordering the Ridenbaugh Canal to meet the requirement for two amenities for the planned development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVnT PAGE 9 OF 22 16. lL is found that the proposed uses will be compatible with other uses in the general neighborhood and the existing and intended character of the general vicinity. Surrounding land uses to the north, west, and east are single-family residential. The property to the south of the subject property is designated as a Neighborhood Center in Meridian's Comprehensive Plan. The proposed development's density 0 f R -8 wi II bu ffer the ex isting residential su bd i visions north 0 f the subject property from the commercial development on the south side of Victory Road. 17. It is not anticipated that the proposed project will have an adverse impact on the surrounding property. 18. It is found that the proposed development can be adequately served by the essential public facilities and services, including: streets, police and fire protection, drainage structures, refuse disposal, water and sewer. It is found that the proposed vehicular approaches on Victory Road should not appreciably interfere with traffic on the surrounding streets. The A CHD has recommended that access to the su bd i vision off of Victory Road be moved to Gunne II Avenue from Conda Avenue. The proposed access offofConda Avenue is closer than 300' to an existing access road off of Victory found in the Sherbrooke Hollows Subdivision. 19. It is found that the proposed use would not be detrimental to the economic \Nclfarc ofthe community, nor would it create the need for any new facilities or services to be paid for by the public. It is found that the proposed vehicular approaches on Victory Road should not appreciably interfere with traffic on the surrounding streets. The ACHD has recommended that access to the subdivision off of Victory Road be moved to Gunnell Avenue from Concb A venue. The proposed access off of Conda Avenue is closer than 300' to an existing access road off of Victory found in the Sherbrooke Hollows Subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LA \\1 AND DECISION AND ORDER GRANTING CONDrTIONAL USE PER_MIT PAGE 10 OF 22 20. It is found that there will not be an increase in traffic, noise, smoke, fumes, glare or odors in the general vicinity if the su bdivision is approved. 21. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. Review of tile ACHD report for this project will provide additional information. 22. 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 by issuance of this cond i tiona I use. CONCLUSIONS OF LA W 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" cadi lied at Chapter 65, Title 67, Idaho Code (I.c. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment ofa Planning and Zoning Commission by ordinance pursuant to Idaho Coele Section 67-6504 which the City Council of the City of Meridian has established by the passnge of the "City of Meridian Zoning and Development Ordinnnce" at Titles Xl and XII, Chapter T, Meridian City Code. 3. As part ofa zoning ordinance the City Council can, subject to hearing nndnotice provision required, provide for the process of special and/or conclitionaluse permits \vhich a proposed use is otherwi se prohibi ted by the terms of the ordi nance but allowed wi th concl it ions uncleI' the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PER.iVIIT PAGE 11 OF 22 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding th<1t the following standards are met and that the proposed development: (Meridian City Code 9 11-17-3) a. That the si te is large enough to accommodate the proposed use and n II yards. open spaces, parking, landscaping and other features as may be required by this Ordinance: b. That the proposed use and c1evelopment plan will be harmonious with the M erid ian Comprehensive Plan and in accordance with the req ui rements of this Ordi nance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the p-roposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposecl use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and tire protection, drainage structures, reCuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost far public facilities and services and will not be detrimental to the economic wel rare or the cOlllmtll1ity; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the gencral wclfare by reason of excessivc production oftrafflc, noise, smoke, fumes, glmc or odors; h. That the proposecl use will have vehicular approaches to the propcrty which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use wi II not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8), a public hearing shall be conducted with notice to be published and providcd to property owners or purchasers of record within three hundred feet (300') of the external FINDINGS OF FACT AND CONCLUSIONS OF LA \\1 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 22 boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code 9 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission ancl Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation 0 f the Com mission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~ I I -1 7 -6 ) 7. When the City Council approves a conditional LIse permit it may impose conditions of that approval that reasonably: A. Minimize ndverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERiVIIT PAGE 13 OF 22 F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City ofTvleridian has, by ordinance, established the Impact /\re<l and the Amended Comprehensive Plan 0 f the Ci ty of Meridian, which \vas acloptcd August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NO\V, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Planned Dcvclopmen t consisting 0 r 57 si ngle- rami! y bui leIi ng lots with 9 other lots on 11 ac res in a proposed R-8 zone for Soda Springs Subdivision located at 2310 and 2384 East Victory RO,1d, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission 8S follows: 1. Restrictions under CUP will be referenced on plat. 2. Minimum housing sizes for west and north lots are 1,500 s.f. for single story houses and 1,750 s.f. for two story houses. 3. The minimum house size for single story houses on Victory Rd. is 1,300 s.f. 4. Minimum house sizes on alley lots are 1,300 s.f. for single story houses and 1,600 s.f. for two story houses. B. Adopt the Recoml1lendati ons of the P I ann i ng and Zoning and Engineeri ng staff as lollows: FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 22 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. Applicant shall submit a detailed plan for the proposed park and tot lot. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. C. Adopt the Recolllmendations of the Meridian Fire Dcpartment as follows: The following will be the requirements and/or concerns to provide minimum leycls of' [ire protection for the proposecl project: 1. The phasing plan may require that any roadway greater than 150' in length that is not proviclcd with an outlet shall be required to have <1 turn around. 2. All roads shall have a turning radius 0[28' inside and 48' outside. 3. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The emergency access road will require either a 20' wide swing gate or bollards, and ifbollards are used then the Meridian Fire Department will need to approve ofthem. The location on Block 1 Lot 18is <lpproved. 4. Provide a fire-flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. D. Adopt the Recommendations of Central District Health Department as f'ollows: I. This proposal can be approved for central sewage & ccntnll water after written approval f'rom appropriate entities is submittecl. 2. The Applicant's central sewage and centrnl water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmenwl Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and sLlrface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 22 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storl11water disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Ada County Highway District as follmvs: Site Specific Conditions of Approval I. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right-of-way from centerline along Victory Road, and construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not eled icate addi tional right-o f-way, but construct a mi ni mum 5 -foot wi de concrete sidewalk along Victory Road, locnted at the back edge of the existing right-of-way. Accompl ish a I I neccssary aclj ustments to properly accoml11od ate ex i sti ng drainage LInd utilities. 2. Construct the main entrance to be located so that Gunnell Avenue intersects Victory H.oad approximately 385-feet east of the west property line. 3. Construct G Linnell A veil ue and Tigert Street as 36- foot street sections wi th e urb, gut tel' and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 50-feet of right-of-way. 4. Construct Conda Avenue and McPherson Street as 29-foot street section with curb, gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 42-feet of' right-of-way. 5. Constnlct Hudspeth A venue as one-half of a 29-foot street section with curb, gutter ancl 5-foot concrctc sidewalk on the west side of the roadway ancl a 3-foot gravel shoulder on the east side of the roadway with a minimum of 24-feet of pavement within a minimum of 35-feet of right-of-way, as proposed. 6. Construct two 16-foot wide alleys within the subdivision located perpendicular to Tigert Street and McPherson between Conda Avenue ancl Gunnell Avenue AND between Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have a back-of-curb raclius of I5-feet at all intersections and pave the alleys their entire wiclth of 16-fecL. Any driveways that are proposed to access an alley shall be located a minimul1l of 25-fcct 1'1'0111 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 22 the nearest public street and the minimum clear distance from the back of any parking stall to the opposite side of the alley shall be 22-feet. 7. Construct one knuckle without a center island located in the northwest corner of McPherson Street and Conda Avenue, as proposed. 8. Construct Hudspeth Avenue on the east property line to serve as a quasi stub street for the property that is located directly to the east, as proposed. 9. Construct a temporary emergency access road that will intersect Victory Road approxi mately 1 0- feet west of the east property line and ex tend to the north to intersect Tigert S treeL, as proposed. Install traffic bo I lards wi th i n the emergency access to mi n i mize the connection. 10. Other than the access points that have specifically been approved with this application, direct lot access to Victory Road is prohibitecl. Lot restrictions prohibiting access to Victory Road shall be placed on the final plat. 11. Comply with all Standard Conditions of Approval. 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 bome by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposecl development. Contact Construction Services at 387-6280 (with file number) for cletails. 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, TSPWC Standards and approved supplements, Construction Serviccs procedures and all applicable ACED 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 bui Iding permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 170F22 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval IDr occupancy. 8. Payment of applicable road impact fees are requirecl prior to building construction in accorclance with Orclinance #197, also known as Ada County Highway District Road Impact Pee 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 represe!ltative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change fi'om the Ada County Highway District. II. Any change by the applicant in the plannecluse of the property which is the subject o'"this application, shall requirc 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 planneclusc 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. F. Adopt the action of the City Council taken at their January 6,2004 meeting as follows: I. Per the Parks Department, Developer shall build the pathway to approved pathway standards. 2. For clarification: I. The revised Preliminary Plat dated 10/21/03 is hereby approved for 57 building lots with 9 common lots, except the revised Preliminary Plat under Project Summary: Minimum Dwelling Size.. ..... ..1200 sq. ft. is not approved, and the minimum dwelling sizes are addressed in number G.6 herein below. 2. The Applicant shall increase the cntry street width to 36'. By increasing the street to this wiclth it will help to create more parking. Also, the front yard setbacks shall be recluced to 11' instead of 15' to additionally accommodate the 36' street width. (ACHD reviewed the proposed street layout and found that a network of one-way streets would not be beneficial to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 22 the circulation or safety in the proposed subdivision. ACHD is allowing the Applicant to construct a 36' street section, with parking allowed on both sides, within a 50' right-of-way. (Per ACHD's letter dated January 5,2004.) 3. The Appl ieant shall revise the street layout on the east side of the subdi vision to include a rol led curb and gutter on the east side of Hudspeth Avenue. 4. Applicant sh811 construct cednr fencing behind the 6,500 square foot lots. 5. Applicant shall only be allowecl one story homes to be built on the lots that back up to the one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in these homes, but no windows shall face into the Sherbrooke Hollows homes. 6. Minimum housing sizes shall be as follows: a. 1,500 sq. [1. minimum for one story homes bordering Sherbrooke Hollo\vs. b. 1,750 sq. f1. minimum for two story homes bordering Sherbrooke J-follows. c. 1,300 sq. f1. minimum for homes backing up to Victory Road. d. 1,300 sq. ft. mil]imum for one story homes on alleys. e. 1,600 sq. [1. minimum for two story homes on alleys. 7. The sanitary sewer connection shall be directly westward on Victory Road to the larger Ten Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shall be diverted to the future Black Cat Sewer Trunk. 8. The drawing submitted at the City Council meeting held on January 6, 2004 and clatcd January 6,2004 regarding the street section for Hudspeth Avenue is hereby approved. 2. The conditions shall be reviewable by the Council pursuant to Meridi8n City Code ~11.17-9. 3. The above conditions are concluded to be reasonable and the applicant sh811l1lcct such requirements as a condition of approval of the application for a conditional LIse permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit 111 accordance with this Decision, which shall be signed by the Mayor and City Clerk and then 8 copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 22 NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERIVIIT 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 req u irements set forth in the conditions of approval, acqu ire bui ldi ng perm i ts 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 ill the npplication and to the commission and council a construction schedule and completion elate for the project. If the completion elate specified for the project is exceeded, the conditional Lise 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 ex tension shall be submitted at least thirty (30) days prior to the dead Ii ne for comp Iction 0 f the project. For projects requiring platting, the final plat must be recorded \\,ithin 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 lethe successive phases are not submitted within one year intervals, the concli tional approval of the future phases shall be nul I and void. (MCC 11-17- 4.8.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner Illay FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERiVIIT PAGE 20 OF 22 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 concen1ing the matter nt 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 thal this is <l 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. By action ofthe City Council at its regular meeting held on the 2 7~ day of J~f.V\..r ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED$II........ COUNCILMAN BILL NAR Y VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED ~ VOTED ~ COUNCILMAN KEITH BIRD MA YOR TAMMY de WEERD (TIE BREAKER) DATED: !- :t-?-t?4- - VOTED MOTION: APPROVED:~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 22 Attest: \\\\\\lllll/llJ \\" ..... III/ ,\\\ Of MJ::.R!,.., 1//; " ...:"'\ via "" ~ ,,' ,:A. -/ ~ 0' ';PORA 'V ~ ~ cp\ r,l'~ -;.. :: ~ 0 ~ - - - = IVla SEAL f? 'Yc: cf' 2 William G. Berg, Jr., City lerk % "70 :S'1S\ .. '\ '.::/ /,,/"."JC ~ ", "1;/// OUNTi, \\\", Copy served upon Applicant, Planning and Zon1'lo}:grB~lD.al\~n'(ent, Public Works Department and the City Attorney. Gydl;u...~ City Clerk Dated: 2-- ?-o f-~ & 2 -;...,.,. Q(; ,Qi 0 ~ -:::. '() 'Sr 1S\ . .. ';;:, ~ '/ :;e .,:::..' "- /... .. r a ~(Y\" ,.;;- ",,/ OUN..,.....' \v \,,- 'II I" l' \' 'I"." .' \11' I"i{,' ~~ ~'i'{' l.'W()I"k\rlvk"idl~lIfjvlcridiJIl I 53Mli\TSmla Spnngs Sub A/.o3.0n 1'1'-()3-[J~7 ClII'-().\-()~Jrr( 'bet )I'O.~-O~3d<lc FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 22 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR SODA SPRINGS SUBDIVISION IN AN R-8 ZONE, LOCATED AT 2310 AND 2384 EAST VICTORY ROAD, MERIDIAN, IDAHO JLJ ENTERPRISES, INC., APPLICANT C/C 12/09/03 C/C 01/06/04 Revised per C/C 0 I /2 7104 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-043 ORDER GRANTING CONDITIONAL USE PERM!T I. This matter coming before the City Council on December 9, 2003 and continued unti I January 6, 2004, under the provisi ons 0 f Meriel ian Ci ty Code 9 I 1-17 -4 for linn 1 action on conditional Lise permit application and the Council having receivecl and approving the Rccommendat ion 0 f the P Ianni ng ancl Zon i ng Co 111 III iss i on the Cou nc i I takes the ro! I ow i ng action: 2. That the above named applicant is granted a conditional LIse permit for a Planned Development consisting of 57 single-family building lots with 9 other lots on 11 acres in a proposed R-8 zone for Soda Springs Subdivision located at 2310 and 2384 East Victory Road, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (ell P':03-043) PAGE 1 OF9 A. Adopt the Special Recolllmenclations of the Planning and Zoning Commission as follows: 1. Restrictions under CUP will be referenced on plat. 2. Minimum housing sizes for west and north Jots are 1,500 s.f. for single story houses and 1,750 s.f. for two story houses. 3. The minimum house size for single story houses on Victory Rd. is 1,300 s. f. 4. Minimum house sizes on alley lots are 1,300 s.f. for single story houses and! ,600 s.L for two story houses. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. Applicant shall submit a detailed plan for the proposed park and tot lot. 3. All development siJall comply \vith the Americans with Disabilities Act and the Fair I-lousing Act. 4. No building permits shall be issued within the development until a Final PI~ll hns been recorded for the subdivision. C. Aclopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concems to provide minimum levels of fire protection for the proposed project: 1. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. ? All roads shall have a turning radius of28' inside and 48' outside. 3. A minilllum of two points of access \viI1 be required for any portion of the project, which serves more than 50 homes. The emergency access road will require either a 20' wide swing gnte or bo Ilards, and if bo Ilards arc used then the Merid ian Fi re Depa rtment wi II need to approve 0 f them. The location on Block I Lot 18 is approved. 4. Provide a lire-flow per the lntemational Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. ORDER CONDITIONAL USE PERMIT (CUP-03-043) I)AGE 2 OF 9 D. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and centrnl water plans must be submitted to and approved by the Idaho Department 0 f Health & W el fare, Di vlsion of Envi rOllmcntal Quality. 3. Run-oft' is not to create a mosquito brceding problem. 4. Stormwater shall be pretreated through a grassy swale prior to dischargc to thc subsurl~lcc 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 clesign a stormwater management system that prevents groundwater and surface water degradation. E. Aclopt thc Recommendations of the Ada County Highway District as follows: A. Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. DecIicate by donation a total ofJ5-feet of right-of-way from centerline along Victory Road, and construct a minimum 5-foot wiele concrete sidewalk along Victory Road, located a minimum of 28-feet from the centerline or the right-of-way, b. Do not decIicate additional right-of-way, but construct a minimum 5-1'oot wide concrete sidewalk along Victory Road, located a minimum of 28-feet from the centerl i ne of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage 8ncl utilities. 2. Construct the main entrance to be located so that Gunnell Avenue intersects Victory Roacl approximately 385-feet east of the west property line. ORDER CONDITIONAL llSE PERMIT (CllP-03-043) PAGE30F9 3. Construct Gunnell Avenue and Tigert Strcet as 36-foot strect sections with curb, gutter and 4-foot detached sidewalks that are separatecl by a 5-foot planter strip within 50-lcet of right-of-way. 4. Construct Conda Avenue and McPherson Street as 29- foot street section wi th curb. gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 42-fcct or right-of-way. 5. Construct Hudspeth Avenue as one-half of a 29-foot street section with curb, gutter and 5-root concrete sidewalk on the west siele of the roadway and a 3-foot gravel shoulder on thc cast side orthe roaclway with a minimum of 24-feet ofpavemcnt within a minimum oD5-feet of right-or-way, as proposed. 6. Construct two 16-foot wide alleys within the subdivision located perpendicular to Tigert Street and McPherson between Conda Avenue and Gunnell Avenue AND between Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have a back-or-curb radius ofl5-feet at all intersections and pave the alleys their entire width of' 1 G-feeL. Any drivc\vays that areJ)roposed to access an alley shall be located a minimum of25-feet Cram the nearest public street and the minimum clear distance rrom the back 01' any parking stall to the opposi te side 0 C the alley sha II be 22- reet. 7. Construct one knuckle without a center island located in the northwest corncr of McPherson Street and Conda Avenue, as proposed. 8. Construct Hudspeth Avenue on the east property line to serve as a quasi stub street for the property that is located directly to the east, as proposed. 9. Construct a temporary emergency access road that will intersect Victory Road approximately IO-feet west of the east property line and extend to the north to intersect Tigert Street, as proposed. install traffic boUards within the emergency access to III i n i mize the connection. 10. Other than the access points that have speci.fically been approved with this application, direct lot access to Victory Road is prohibited. Lot restrictions prohibiting access to Victory Road shall be placed on the final pbt. 11. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. ORDER CONDITIONAL USE PERMIT (CUP-03-043) PAGE40F9 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 (wi th fi Ie number) Cor details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved ill writing by the District. Contact the District's Utility Coordinator at 387-6258 (with fi Ie numbers) for details. 5. All design and construction shall be in accordnnce 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 certiCy all improvement plans. 6. The app I icant shall submit revised plans for staff approval, prior to issuance of bu i ld i ng permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonmmce with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-or- way. The applicant at no cost to ACHD shall repair existing uti lities damaged by the applicant. The applicant shall be required to call DIGLlNE (1-800-342-] 585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shaU contact ACHD TraffIc Operations 387-6190 in the event any ACHD conduits (spare or ti lied) are compromised duri ng any phase 0 C 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 D istricl. II. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, ORDER CONDITIONAL USE PERMIT (CUP-03-043) PAGE 5 OF 9 plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District ofit.s intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relicl- is granted pursuant to the law in effect at the time the change in use is sought. F. Adopt the action of the City Council taken at their January 6, 2004 meeting as follows: I. Per the Parks Department, Developer shall build the pathway to approved pathway standards. 2. For clarification: I. The revised Preliminary Plat dated 10/21/03 is hereby approved for 57 building lots with 9 common lots, except the revised Preliminary Plat under Project Summary: Minimum DwellingSize.........1200 sq. ft. is not approved, and the minimum dwelling sizes are addressed in number G.6 herein below. 2. The Applicant shall increase the entry street width to 36', By incrensing the street to this width it will help to create more parking. Also, the front yard setbacks shall be reduced to 11' instead of 15' to aclditionally accommodate the 36' street width. (ACHD reviewed the proposed street layout and found that a network of one-way streets would not be bencJicial to the circulation or safety in the proposed subdivision. ACHD is allowing the Applicnnt to construct a 36' street section, with parking allowed on both sides, within n 50' right-of-way. (Per ACHD's letter dated January 5, 2004.) 3. The Applicant shall revise the street layout on the east side of the subdivision to include a rolled curb and gutter on the east side of Hudspeth Avenue. 4. Applicant shall construct cedar fencing behind the 6,500 square foot lots. 5. Applicant shall only be allowed one story homes to be built on the lots that back up to the one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in these homes, but no winclows shall face into the Sherbrooke Hollows homes. 6. Minimum housing sizes shall be as follows: a. 1,500 sq. ft. minimum for one story homes bordering Sherbrookc Hollows. b. 1,750 sq. ft. minimum for two story homes bordcr! ng Sherbrookc )-]01 lmvs_ c. 1,300 sq. n. minimum for homes backing up to Victory Road. d. 1,300 sq. [1. mini m um for one story homes on alleys. e. 1,600 sq. ft. minimum for two story homes on alleys. 7. The sanitary sewer connection shall be directly westward on Victory Road to the larger Ten ORDER CONDITIONAL USE PERMIT (CUP-03-043) PAGE 6 OF 9 Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shall be diverted to the future Black Cat Sewer Trunk. 8. The drawing submitted at the City Council meeting held on January 6, 2004 and clatecl January 6,2004 regarding the street section for Hudspeth Avenue is hereby approved. 3. The abovc conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional LIse permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 ]] -17-8, a copy oCwhich is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the Lise 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 hns specified in the application and to the commission ancl council a construction schedule and completion date for the project. lfthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an npplicatioll for a time extension on the project for city council review. The application for time extellsion shall be submitted at least thirty (30) days prior to the deadline for completion of the ORDER CONDITIONAL USE PERMIT (CUP-03-043) PAGE 7 OF 9 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 counci I. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC ] 1-17- 4.8.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANAL YSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner Illay request a regulatory taking analysis. Such request must be in writing, and must bc 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 periocl within which a Petition for Juclicial Review may be filed. Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pernlit approvalll1ay within twenty-eight (28) days after the dale of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER CONDITIONAL USE PERMIT (CUP-03-043) PAGE80F9 By action of the City Council at its regular meeting held on the J- 773- day of J~~f- ,2004. ~ ~~ Ta\W11V de W ~ . a, Mayor City of Meridian \\,\\\\11 11l1itll,. '\\\~l Of MEFtlJ)/'II// ~" ~, 'J1A~ .......-:,. .:;;-' c} o.,\POR~1}'; 'V ~ 2" --",-0 ('0 ~ 2 ~ S - - :: SFjAL :: y Clerk: \ 7G f 2 ~ r~QG' ~ 0 ~ ~~, "1.", " 'S.,. i5:'i . .~ 2 Or <.' -...~, ~..... ./.... "1 ~' ~.... - ..../. . On, l' .-n{ ",:::' Copy set"ved upon Applicant, the Plani'{fli),iAi:~8:z<;:)l:iillg Department, Public Works Department and City Attorney. William G. Berg, Jr., Attest: By: J~,4-~ City Clerk Dated: - - Z:\Work\M\Mcridian\Meridian I 5360M\Soda Springs Sub AZ-03-023 I'P-03-027 CUI'-03-043\OrderCUI'.doc ORDER CONDITIONAL USE PERMIT (CUP-03-043) PAGE 9 OF 9 WHITE PETERSON ATIORNEYS AT LAw KEVIN E. DINIUS JULIE KLEIN FISCHER CllRISTOPHER D. GABBERT WM. F. GIGRAY, III T. GUY HALLAM ++ JILLS. HOLlNKA JOHN R. KORMANIK . WILLL\1IA. MORROW WI LLIAM F. NICHOLS ** WHlTEPETERSON, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 February 19,2004 RECEIVED FEB 2 0 2004 William G. Berg, J1'. City Clerk 33 East Idaho Street Meridian, Idaho 83642 City of Meridian City Clerk Office Re: LOCHSA FALLS, LLC /LOCHSA FALLS SUBDIVISION NO. 7/ FINAL PLAT - (FP-04-003) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a calL Z:\Work\M\Meridian\Meridian I 5360M\Lochsa Falls Sub No.7 FP-04-003\Clerk FP Memo 02 19 04.doc CHRISTOPHER S. NY\! PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE ... . Also admitted in C .. Also admitted hI C .n Also admitted in V BEFORE THE MERIDIAN CITY COUNCIL C/C 02/10/04 IN THE MATTER OF THE ) APPLICATION OF LOCHSA ) FALLS, LLC, FOR APPROVAL OF ) 77 SINGLE-FAMILY ) RESIDENTIAL BUILDING LOTS ) AND 14 COMMON LOTS ON 25.14 ) ACRES IN AN R-4 ZONE FOR ) LOCHSA FALLS SUBDIVISION ) NO.7, LOCATED WEST OF N. ) LINDER ROAD, APPROXIMATELY ) ~ MILE NORTH OF W. McMILLAN ) ROAD, IN THE NE ~ OF SECTION ) 26, TAN., R.IW., MERIDIAN, ) IDAHO ) ) CASE NO. FP-04-003 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 February 10,2004, and the Council finding that the Administrative Review is complete from Sonya Allen for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: February 10,2004, to the Mayor and Council, and that Anna Powell Plruming Director for the Planning and Zoning Depmiment, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT I (FP-04-003) Page 1 of 4 IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT OF LOCHSA FALLS SUBDIVISION NO.7, A PORTION OF SECTION 26, TAN., R. 1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, SHEET 1 OF 4, 30202-PLT.DWG BEB 12/16/03, HANDWRITTEN DATE: 12/24/03, STAMPED: JAN 06 2004, LOCHSA FALLS LLC - DEVELOPER, BRIGGS ENGINEERING, INC. - CONSULTING ENGINEERS", Lochsa Falls, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen for the Planning and Zoning Department, dated: Hearing Date: February 10,2004, listing 18 SITE SPECIFIC REQUIREMENTS and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, and the response letter received by Justin Martin dated February 6,2004, a true and correct copy of which is attached hereto marked Exhibit "B", and consisting of two pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their February 10, 2004 meeting as follows, to-wit: 1.1 Adopt the RecOlmnendations of the Central District Health Department as follows: The Central District Health Depmtment requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage m1d central water; that plans must be submitted to and approved by the Idaho Depmtment of Health and Welfare, Division of Environmental Quality for central sewage m1d central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stonnwater be pretreated through a grassy swale prior to dischm'ge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-003) Page 2 of 4 management practices for stormwater disposal and design a stonnwater 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 Of 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 fequest for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROV AL OF FINAL PLAT I (FP-04-003) Page 3 of 4 Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the / Il -/!J. day of h6r(A~1- ,2004. Attest: ~Q:~fL illiam G. Beq~, Jr., City ler Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By:J~P~-?-,)t V Dated: Z:\Work\M\Meridian\Mcridian I 5360M\J...ochsa Falls Sub NO.7 FP-04.o03\OrdcrFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-04-003) Page 4 of 4 .\1..\ Y( * Tall1my dc' \V~~nl 1 , ~-Wi "J " .!- ~t'~"" ~\'~'~ ~ ~ r l I [i (ll '1;,.(.t:-:l'{~ L/Vlerzdla-n ;{.. IU/\H(} )' . J/ o ~ ~"2(... // :'~I:' . 1"'/ - .......1;}(' (It,;~ ..~ : ~ \ "\'L\..,.-~,~\. / ~'.u.!!!:~_\~~.l~~ '~:s;;;:-- .. '. I." , ,.~ '{~'-lJ~~ CITY II,'\U (~{jX~X:-::8~~-IJ.~ - hn :--::-':7.4:0.:13 err\" COUNCIL tvlEi\lI3mS K~ilh Biru William L.!vL Nary Shaull Wardle Charles M. Rountree I'l'Bl.Il \YORKS IlliIIDl:-J(i 11I'l'.\I<li\IU'{1 (201(; 1(1(7-2211 - 1:,1\ X'!X.I)5:,1 LEliA L D[.:I'A1UI\II;;--a (208) 4(,6-9113 - FAX 4(,6.4.W5 MEMORANDUM: Hearing Date: February 10, 2004 To: Mayor & City Council R") ~ ("'J 11'-' TO", T' ""r--c. 1'--"", ItJ'.. .. i.,I' Jl '!, ~ "'1" ]) ~1 ::1t ; ~ 1 ~I \. ~-, l .. .. ,y ~,".J '<.. ,..' "'-.~} ."_ .y.,,-.::; ~ From: <'If. Sonya Allen, Assistant City Planner') Bruce FrecktetQn, Engineering Tech m ~ -~D ,', (: "'nnl. r k:..u ii D tbu'1 City OfMericlifu"1 City Clerk Office Re: LOCHSA FALLS SUBDIVISION NO.7 Request for a Final Plat Approval of Lochsa falls SubdiviSion No.7, Consisting of Seventy-seven (77) Single-family Residential Building Lots' and Fourteen ([ 4) Other Lots on 25.14 Acres in an R-4 Zone by Locbsa Falls, LLC (File No. FP-04-003). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION This is the seventh phase of Lochsa Falls Subdivision and consists of 77 single-family residential building lots and 14 common (landscaping/open space/drainage) lots on 25.14 acres. The gross density of Phase No.7 is approximately 3.06 dwelling units/acre. The net density is approximately 4.14 dwelling llnits/acre. The subdivision was approved as a Planned Development which allowed for a reduction [Q development standards including reduced setbacks (front 20', non-front entry garage 15' , 5' side single story, 7' side two-story), reduced lot sizes (min. 6,500 s. f.), reduced frontages (min. 60'), reduced house sizes (min. 1,201 s.f.) and to allow the Applicant's request to exceed minimum block length requirements. The reduced setbacks that were requested at the time this subdivision was approved are now allowed under current city ordinance. E)0/uhif ''/1'' /of5" Mayor & City Council Hearing Date: February 10, 2004 Page20f5 The final plat for this phase complies with the approved preliminary plat. Staff recommends approval for Lochsa Falls Subdivision No. 7 with the comments and conditions stated in this report. LOCATION This phase of Lochsa Falls Subdivision is located west of N. Linder Road. approximately 1/1 mile north of W. McMillan Road, in the NE \4 oDectiol1 26, T.4N., R.I W. SITE SPECIFIC REQUIREMENTS 1 . Applicant shall meet all tenns of the approved Preliminary Plat (pP-02-009), Conditional Use Permit (CUP-02-012), and the recorded Development Agreement (Inst. No.1 030 12598). '") The pressurized Irngation system within this development is to be owned and maintai ned by the Settlers Irrigation District. The City of Meridian req ui res that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. .., -) . Street signs are to be in place, water system shall be approved and activatecl, pressurized irri gat ion system approved and acti vated, drai .nage lots constructed. fenc ing i nsta[ led. and road base approved by the Ada County Highway District Pl'ior to applying far building permits. All development improvements, including fencing, micro-paths, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized inigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. SanItary sewer service and municipal water to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 5. Fencing along pathways shall be either 4-foot sight obscuring or 5-foot non-sight obscuring per Preliminary Plat Finding NO.4. FP-04-00."\ Exit :b;'/- itA II d- oP S- Lochsa Falls $ub7.FP.doc Mayor & City Counci I Hearing Date: February 10,2004 Page 3 of5 Fencing within 20 feet of all public right of ways shall be no taller than 3-feet in height if sight obscuring material is used or 4-feet in height if non-sight obscuring material is used. Temporary construction fencing to contain debris shall be installed along the boundaries of this phase unless fencing already exists at the subdivision boundaries. G. Please add or revise the following plat notes: (9.) Revise note to include Lot 3, Block 22 as a non-buildable common (drainage) lot. (12.) Add note: "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 bv Conditional Use Pem1it (CUP-02-012) which allowed for reduced setbacks, lot sizes, lot frontages. and minimum house size." 7. Applicant will be resPSH1sible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing \-vitl1 the Public 'vVorks DepartmenL 8. Revise the Landscape Plan dated 115/04, prepared by Harvest Design as follows: a. Reflect the changes to the plat on the landscape plan as outlined in comment #6 above. Include 5' pathway and trees. b. Include width of pathway shown on Lot 4, Block 22 between Lots 3 & 5. 9. Adjust the width of the open space between Lots 14 & 15, Block 4. Open space shall stay the current lO-foot width at the cul-de-sac and angle out to IS-feet toward the back of Lots 14 & 15 Block 4 to meet the minimum street frontage requirement of 40- feet. Trees shall be planted as width of planter on sides of the 5-foot pathway permits, 1 per 35 linear feel. 10. Applical1t shall be required to pay Public Works development plan review, and construction inspection fees, as detem1ined during the plan review process, prior to signature on the final plat per Resolution 02-374 11. increase the width of the Public Utilities, Drainage and Irrigation Easements to (8') eight-feet across the north side of Lot 7, Block 25, and Lot 4, Block 25, and the south side of Lot 2, Block 22, and the west side of Lot 8, Block 25, and Lot 36, Block 13. These areas all have pressurized irrigation transmission mains within them. 12. Graphically depict (5') five-foot wide Public Utilities, Drainage and Irrigation Easements along the west side of Lot 6, Block 4, and Lot 22, Block S. These are side lot lines against future phases. FP-04-00J t: ,L b;f III I' 3 oP 6 c)Un Lochsa Falls Sub7.FP.doc Mayor & City Council Hearing Date: February 10, 2004 Page40f5 13. Revise plat sheet 3 of 4 to show Detail "C" as depicted on the face of the plat. There are currently two Detail "D" shown. 14. Add the missing lot frontage dimensions for Lots 3-5, Block 22, Lot 13, Block S, and the centerline of the intersection of W. Anatole and N. Lola Pass. IS. ldentify the tie point to the Rea! Point of Beginning along the section line in N. Linder Road (ie Calculated Point, Set Pin, Found Pin etc.) 16. Add the CP&F Number to the Center V.comer. 17. Any drainage areas (detentionJretention basins) mLlst be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 1 DO-year stann event. (All areas being counted toward the lO% open space amenity shall be free of "wet ponds" or other such nuisances.) 18. 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. 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 Ot'dinance 12-4-13. Plans will need to be approved by the appropriate ilTigation/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 detennined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and pem1it 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. FP-04-003 ExhJi;.-f '11'1 ~of6 Lochsa Falls Sub7.FP.doc Mayor & City Council Hearing Date: February 10,2004 Page 5 of 5 5. Sewer and water mains shall be extended to and through the proposed development, thefeby making the available for adjacent properties. 6. Applicant's engineer will be required to submit a signed, stamped statement certi fying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. Coordinate fife hydfant 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 Lochsa Falls Subelivision No.7 with the above stated comments & conditiol1s~ FP-1J4-003 \Ex.h,.h/~f 'li't Q O-PS- Lochsa Falls Sub7.FP.doc teD, n. lUU4 L;LOt'M NO.~I~~ p. un CJL t; (?'J."?,/-J ~_"/t.lIY,(Je4. /4((<)_ February 6, 2004 REC.EIVEU FEB 0 6 2004 C~tyOfMeri~ Lt;11ty Clerk OffiQ~f Mayor and City Council City ofMcridian 33 nast Tdaho Avenue Meridian, ill 83642 Re: Lochsa Subdivision No.7 Final Plat (File No. PP 04-003) Dear Mayor and COW1Ci1: The following is in response to staff's comments for the Fcbmary 10, 2004 Hearing. SHE SPECIFIC REQUIREMENTS 1. The Applicant will comply with lerms of approvals. 2. The Applicant will comply with pressurized irrigation requirements. 3. The A11p1icant wi1l comply. 4. Thc Applicant will comply. 5. The Applicant win comply with fcncihg requirements. 6. The final plat will be revised in ~ccordance with staff comments. 7. The Applicant will comply with SC\VCr .rnd water construction requirements. 8. The Applicant will revise the landscape plan dated 1~05:"1)4. 9. The final plat will be revised in aGcordance with stalT comments. 10. The Applicant will pay all applicable fees prior to signalure on the final plat. 11. The final plat wlll be revised in accordance with starr commel1ls. 12. The final plat will be revised il1 accordance with staff comments. 13. The final plat will he revised in accordance with staff comments, ] 4. The final plat will be revised in accordance with slaff comments. 15, The final plat will be revised in accordance with staff comments. J-l:WllTwesl\JlIsljn\ConU1l~'f\(\l ll",Io$~ F~l]s\Mc';";w" CiI.j'\C'iry ll.cportr\j';"yl ph. Nll:lmCf1ll:\yInC"n'l""'Il'~l?~SpOnH" U",' 44'}'7,,1:' (iJ"t'dtk/,.0'h(:", ,lir:, I()~~ .~jJ(}4e, .9i/(rh" ,f''''114 fl.!(),)>) .r,fil' ()/'~9 PVh ;.11...+ C12. " J~.e ~ .'.7-iu (J!(),r}~7b~:i'MI ~~n n~ ~~A ~ A~~_ rt:;u. O. LUUif L.LOt'M NO.JIJ~ p. ~/~ Mayor and City Council Febluary 6) 2004 Page 2 16. The final plat will be revised in accordance with staff conunents. 17. Noted. 18. Noted. GENERAL REQUIREMENTS 1. The Applicant will comply. 2. The Applicant will comply. 3. The Applicant win comply. 4. The Applicant will comply. 5. The Applicant will comply. 6. The Applicant's engineer will comply. 7. The Applicant will comply. 8. The Applicant wm comply. We believe this letter addresses all of your concerns. Please feel free to call me if you have additional comments or questions. SincerelY~~7 ..--::..::-., - ~ r'.~"~ #_- ./ /... ;. .J1istin Martin / B' E' . I cc: nggs ngmeenng nc. ";lI'aTwe~llJwolin\Conlr.lClS\Olloch$ll. Jlall~\Meridiun C~I)'\Cily Rcports'wil1al phLt L:lIrnmcllliiIJ7I>7COUUl1COlsf{CRjlmlDe.duc ~~D ~c J~A ~A.~~ Exf1,Lb.'f "/3" d.6f2~ MAYOR Tammy de Weerd ~ j-JIvU2- ,rt(0/7<f~' ~ . .,;:~ 1}:1;/1 . ,>1_ t~~;"'':,;';- ~'tJ t~ '~Ij; 'tt,;~.t" ff..-1'It1~'{ ')"" ~ P / CITY OF r~';/~~y~t"il '--/VI erldl;;;l~~r~~ TA-~J P!~/lJ{ (Jcrff CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles !vI. Rountree Keith Bird IDAHO ~. ,I V }I 1./ ~y iff"""' ,1903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-5501 PUBLIC WORKS (208) 898-5500. Fax 887.1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY OF MERIDIAN SOILD WASTE AD~HOC ADVISORY COMMITTEE NOTICE IS HEREBY GIVEN that the City of Meridian Solid Waste Ad-Hoc Advisory Committee will hold a meeting at Sanitary Services Company Office, 2130 W. Franklin Road, Meridian, Idaho (888~3999) on Thursday, February " 12,2004 at 7:00 A.M. The agenda will be as follows: 1. Roll-call Attendance: 2. Review of 2003 Annual Report - Sanitary Services: 3. Discussion of Recycling Fund: 4. Discussion of Injuries - Enforcement of Can Limits: 5. Discussion of Upcoming New Programs: a. Apartment Recycl ing b. Small Roll Off System 6. Schedule of Future Meetings: The public is welcome to attend the meeting. J~~ ,\ \ \I H II!! II I! II" \\\ _. n_ ./; "" -"t Or i S;'-:;~;/"r, '\'_ ~" ::.\ -~""""< _ ~'./.....--:, " J'f ~...'\. ffi';QP-., -"" -.L "<... "v. -r'(~ \_.;~ ..... t" ./ ~ .;,r . .: \'''1 ". ~ "'~~ "'- ... ... ... ;- ~~~ -~;.; -;~4 ~: ~ (_ L,.l'~",..,", ;;..." c? I . . . -'G< ~~'.' Wilham G. Berg, Jr. - City CI~k~ ou" >$~/.;-:'I ~~ ~ <> '''::...' 151 '/ <<., :;' .....;, -1 ------ ,,','.' .. //". COq r~ ,...../ '. v' /"lli/;~/:~,~~1.',' i. ~ ,~ ,.',.> DATED this 10th day of February, 2004. 33 EAST IDAHO AVENUE 0 MERIDIAN, IDAHO 836420 (208) 888-4433 City Clerk Office Fax. (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 (" ** TX Cl.:. . .MATI ON REPORT ** AS OF FES 10 '04 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PSS CMDn STATUS 04 02/10 15'49 PUBLIC WORKS EC--S 00'24" eel e61 OK 05 02/18 15'50 12084664405 EC--S 1010'26" 0Bl 061 OK 06 02/10 15'51 8841159 EC--S 06'25" 801 061 OK 07 02/18 15'52 2088840744 EC--S 00'25" 12101 1361 OK 138 02/10 15'53 POLICE DEPT EC--S 130'24" 0131 661 OK B9 02/10 15:54 8985501 EC--S 00'25" eel e61 OK 10 02/113 15'54 LIBRARY EC--S Ia0'30" alaI 061 OK 11 02/10 15:56 92003776449 EC--S I2IB'24" 1301 12161 OK 12 02/10 15'57 21218 388 6924 EC--S 00'29" 001 061 OK 13 1212/10 15:58 212188886854 EC--5 10121'24" 001 061 OK 14 02/10 15:58 208 895 0390 EC--S oa'24" am 061 OK 15 1212/18 15'59 128380640 63--9 Ia0'29" 12161 061 OK 16 02/10 16:01 208 387 6393 EC--S 80'25" 001 861 OK 17 02/18 16'82 ADA CTY DEuELnT 63--S 08'48" 1001 061 OK 18 02/10 16'03 8885652 EC--S 100'25" eBl e61 OK 19 132/113 16:134 CHERRY L.ANE &3--S 013' 41" 001 061 OK 20 132/10 16'05 POST OFFICE EC--S 1210'34" 001 061 OK 21 02/113 16: 07 IDAl-',o ATHLETIC C EC-S 00'25" 1301 12161 OK 22 02/Hl 16'1217 ID PRESS TRIBUNE EC--S 00'25" 1001 061 OK 23 02/10 16:09 2e88886701 EC--S e0'24" eEl1 061 OK 26 02/1121 16:13381121160 EC--S Ia0' 35" 12101 12161 OK P/e/lJ.{ //{lJf hr- /JIv!Xt2- .tC{qh&.-- 7A~) MAYOR T~"'my d. W..rcl ,r,- ~n olfe;;;;lz~n"",:7 \ ~IO"'HO j:' :3.. . /} ., .? J lI,. nf...:';'\II\~ 'l~';~J LEGAL DCPARTMENT C20S14GIS-'J272' fAX 465-4<lOS PARKS ol RE(:~8ATJON (20~) ~~g..>$1? Po< R98.5501 PUBLIC WORKS (208) S9E.~SOO, F,. 8$1.1291 BUILDING DErARTM~NT (20~) 881.22J I . F.. 8$1-1197 FLANNlNG &. ZONING (20ll) 8$4-5533 . FiX 8S8.GSS4 CITY COliNCIL MEM BF.RS Shaun W",dl~ WilH.m L. M. N.>y C:hLI1-k~ M~ ROUnln::C Koilh BIrd CITY OF MERIDIAN SOllD WASTE AD-HOC ADVISORY COMMITTEE NOTICE IS HEREBY GIVEN that the City of Meridian Solid Waste Ad.Hoc Advisory Commillee will hold a meeting at Sanitary Services Company Office, 2130 W. Franklin ROad, Meridian, Idaho (880-3999) on Thursday, February 12,2004 at 7:00 A.M. The agenda will be as follows; 1 . Roll-call Attendance; 2. Review of 2003 Annual Report - Sanitary Services: 3. Discussion of Recycling Fund: 4. Discussion of Injuries - Enforcement of Can Limits: 5. Discussion of Upcoming New Programs; a. Apartment Recycling b. Small Roll Off System 6. Schedule of Future Meetings: The pUblic is welcome to attend 1he meeting. DATED this 10th day of February, 2004. . 33 EAST IDAHO AVENUE. MERIDIAN. IDAHO 83642 . (20g) 88g'4433 Cuy Cle.k om"" 1'"" (20S) S8B-421~ . Hum", T\o.ourc.. Pax G/Q~) 834.8123 . Fin.n.. & Utilit)' BlIlIlI1! Fax (208) 887.48 I!