HomeMy WebLinkAbout2004-02-24
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, February 24, 2004 at 5:00 p.m.
Meridian Police Department
1401 E. Watertower
Meridian, ID
1. Roll-call Attendance:
L Shaun Wardle
D Charlie Rountree
X
r -
)( Bill Nary
-"T Keith Bird
Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Discussion with ZGA on Space Study Update: vl4JCUJJ.ecL
(*90 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 - February 24, 2004 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
MAYOR
Tammy de Weerd
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LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS & RECREATION
(208) 888-3579 . Fax 898-5501
PUBLIC WORKS
(208) 898-5500' Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887-1297
PLANNING & ZONING
(208) 884-5533 . Fax 888-6854
CITY COUNCIL MEMBERS
Shaun Wardle
William L. M. Nary
Charles M. Rountree
Keith Bird
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, February 24,2004 at 5:00 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 with ZGA on Space Study Update
The public is welcome to attend the meeting.
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DATED this 20th day of February, 2004.
33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433
City Clerk OI'fice Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
April 22, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
April 27, 2004
ITEM NO.
S-A
REQUEST Approve minutes of February 24,2004 Pre-Council Meeting
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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:
INTERMOUNT AfN GAS:
MERIDIAN POST OFFICE:
OTHER:
U1f~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meeHngs shall become property of the City of Meridian.
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, February 24,2004 at 5:00 p.m.
Meridian Police Department
1401 E. Watertower
Meridian, ID
1. Roll-call Attendance:
Shaun Wardle
Charlie Rountree
Bill Nary
Keith Bird
Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Discussion with ZGA on Space Study Update:
(*90 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 - February 24. 2004 Page I of I
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised April 10, 2004
tri-plex and 2 four-plexes with reduced street frontage, setbacks and
minimum lot width requirements in an R-15 zone for Trov Place Subdivision
by PPN, LLC - 1236 East 2 Y:z Street: Re~Notice for new Public Hearing
20.
Resolution No. 04-428
tree replacement at 1409 North
deposit: Table to April 20, 2004
Approval to proceed with work for
Main Street by cashing the $500.00
21. Area of Impact - Service Area - Brad Watson
Meridian City Council Agenda - April 13,2004 Page 5 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to thc public meeting.
Meridian City Pre-Council Meeting
February 24. 2004
The Pre-Council meeting of the Meridian City Council was called to order at 5:08
P.M. on Tuesday, February 24,2004 by Mayor Tammy de Weerd.
Members Present: Bill Nary, Keith Bird, Shaun Wardle, Mayor Tammy de
Weerd.
Staff Present: Brad Watkins, Anna Powell, Bill Musser, Gary Smith, Pauline
Skeggs, Kenny Bowers, Doug Strong, Bill Nichols and Will Berg.
Absent: Charlie Rountree
Others Present: David Logan, Mike Roberts, Mike Simmonds.
1. Roll-call Attendance:
X Shaun Wardle X Bill Nary
o - Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Adoption of the Agenda:
Bird: Mr. President.
Nary: Mr. Bird.
Bird: I move that we adopt the agenda as published.
Wardle: Second.
Nary: Moved and seconded to adopt the agenda as published. All those in favor
say aye. All ayes.
MOTION CARRIED. ALL AYES.
3. Discussion with ZGA on Space Study Update:
Nary: Just a couple of things before we get started. There will be some food, in
fact, it looks like it may have arrived if you want to get up while we are discussing
Item 3, feel free to do that so we don't have to stop and for the folks from ZGA,
members from the County are here; Mr. Logan and Mr. Robertson, so when we
get to a point they would like to make their pitches (inaudible) some of the needs
the County foresees, but you can decide where that is the appropriate point and I
will let you kind of take the lead.
Meridian City Pre-Council Meeting
February 24,2004
Page 2 of 28
(Inaudible speaker):
Nary: Oh, well they can go first. Whatever works, I don't know what the order of
the presentation will be.
Logan: I am Dave Logan. I am the director of operations for Ada County. I have
been with the County for 21 years and (inaudible). I have been either a Boise
resident or Meridian resident. I went to 4th grade here in Meridian. Anyway, I
served as Ada County's Owner Representative for Public Work's projects for
buildings, parks and different things that we build. We do roads, we do buildings
and I do RFQ's, the RFP's, the architectural agreements, and the construction
agreements. I walk the project from start to finish until upon completion. I did the
Ada County Jail, the Ada County Courthouse, the EMS Station and (inaudible)
buildings and it seems like we are always building something. Anyways, we
have been working for - the Commissioners did ask us to start considering a
Meridian Campus because we have different agencies that would like to come to
Meridian and find permanent homes. We do have an administrative office -
juvenile detention and we have done a little bit of programming with them. Right
now they are over 6n Franklin Street in a very small building (inaudible). We tore
- we started with a little rundown house, we kind of fixed it up. Eventually we
bought the Farm Bureau building, tore that house down and ended up buying the
ACHD building next to it. We tore that down and this year we will be building a
parking lot, a landscaping and parking lot (inaudible) right next to the Farm
Bureau building. Anyway, that building is too small for our use. I have
(inaudible) and initial programming for juvenile and - this is just probation
officers, people trying to talk to the kids and their parents. They bring them in
and they talk to them and they have different programs that they initiate out of
that building. There are no kids detained there, it's just a kind of a community
center where probation officers, officers and different programs are run out of
that building. Juvenile is looking for approximately 3,000 square feet and to
expand. They also at one time have talked about a juvenile courtroom at that
site, but that's kind of wishful thinking, you know, down the line. There may be a
possibility of that if a multi-purpose courtroom if we at one time look at an adult
court facility at that site as well. The Motor Vehicles currently have a renting
property here in Meridian and they have a nice - pretty good-sized office here
and with that (inaudible) in Meridian and this (inaudible) Ada County and they are
requesting about 5,000 square feet. EMS - I have asked Mike Roberts to come
to this meeting in the public and talk about it. He has a couple of different needs
that he would like to explore with you guys and one is that we are looking for a
permanent station site for an ambulance and crew quarters and Mike does have
a partial kind of selected - haven't made an offer on it, but we are looking at it.
Then he is also looking at permanent home for his administrative office and he
needs about 3,000 square feet for that. That's where people can actually come
and pay their bills by walk-in. He has quite a bit of traffic and may actually do the
billing for all of the EMS. Of course the Sheriff has quite a presence and kind of
a (inaudible) of the City of Meridian and frequently on the way to Kuna and to
Meridian City Pre-Council Meeting
February 24, 2004
Page 3 of 28
North Ada County, back and forth and they have asked for 1,427 square feet for
a small office, substation in Meridian. It would save time and money if you don't
have to drive through Barrister - no holding facility, just more of an office type
setting. What we are looking at is what we are hoping to find at a Meridian site is
that we'd like to have high speed data and phone capability to the site and hook
and expand our voice or i.e., telephone system to Meridian and get them on our
County network and we are hoping that - originally, we talked about having my
department, the Operation's Department support these functions at a certain site
and one particular site and then have our IT departments also supported at a
certain site. Hopefully, we can make some good long-term decisions on cabling
and data networks if they are in kind of one area - state (inaudible) in that one
particular area. It's pretty difficult supporting our employees and our departments
if they are all scattered out in old buildings, rented areas and we pretty much
want to find a permanent home for these departments. Okay, now I know I forgot
something - but, we are looking for - you know we would like lots of parking for
our folks and we are also very interested in building a high performance building
and we would like our building to be as nearly - I guess the definition of this is
sub-stainable green building if possible. We know that nowadays we feel that
investing in our building is wise decision - that people come to the building for its
longevity. We feel that if we can also save in utility costs and also increase
productivity and spend the extra time with day lighting and spend the extra time
with controls for our ACHD and spend the extra time building a building that
would make our employees productive. I would like very much - I am very
interested and the matter is that we get to come here now and work with you
guys in sub-stainable design and you know who knows maybe we would want to
look at (inaudible) indication, but at least there is lots - if we pay attention to it-
there is lots of good things that we can do to make our employees say, you
know, boy this is a nice place and I am sure glad (inaudible). Okay, Mike, do you
have anything?
Roberts: Thank you. Mayor and Council I have two needs and the first as Mr.
Logan has said is office space for my business office and, obviously, if I can do it
I'd like to put my business office in with an ambulance station, but that mayor
may not be possible. What I need to do is to maintain some flexibility, obviously,
my concern is like with an ambulance quarters I need to worry about accessing
the street and I need to worry about safety and (inaudible) and all of those
issues. So, I need something that will work for my medic response to calls. I
found - there are four parcels of ground in Meridian that I have been looking at -
one that I found very recently that is absolutely ideal for it - we have not yet
made an offer on it, but I wanted to give you all - that EMS has been trying to get
into the City of Meridian for a number of years. What we need is quarters and
certainly want to serve the citizens of the City of Meridian and there also are the
citizens of Ada County that we feel we are responsible for as well. I am not sure
of the processes, Mr. Logan is, but I am not. I don't buy buildings, so we are
going to have to rely on him and you all for your support, but that's really all I
have to say.
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Meridian City Pre-Council Meeting
February 24, 2004
Page 4 of 28
Nary: Any questions?
De Weerd: Mr. President.
Nary: Madame Mayor.
De Weerd: I guess I missed how many square feet you are looking for the
juvenile detention?
Logan: About 3,000 square feet.
De Weerd: So, you have 3,000 for that; 5,000 for DMV; and 1,400 for the
Sheriff's and whether the EMS administrative offices that's flexible and your
needs are 3,000 square feet for the administrative offices?
Logan: Now, we did not talk about an adult court facility and J you know, I can
get those numbers very easily. We are very familiar with grabbing for those
(inaudible) and what the court needs and I can get those numbers for you and
then it may be a really good marriage between the juvenile court and adult court.
J will get those numbers to you guys in the very near future. Now, the court
(inaudible) recorder is interested in a polling station -
De Weerd: Oh yeah-
Logan: -- but that could be this room. They come in they set up, you know we
are looking for accessibility, ADA accessibility and access for the people and we
thought that - there really is (inaudible) - I didn't really put any numbers down for
the polling stations for elections because we could use a room, you know, a large
conference room, a voyeur, someplace in there and it would work out just fine.
Bird: Mr. President.
Nary: Mr. Bird.
Bird: Dave, I assure you that your welcome to go through this building as the
type - this is a standard building the City puts up so everything will be try to be
first class as much as you can. We'd like the courthouse (inaudible) down there.
On a courtroom are we talking about one about like they have down at the new
Ada County Courthouse?
Logan: Yes.
Bird: What do you suppose those are? I didn't work at that timeframe. They are
probably what 7,000-8,000 square feet?
Meridian City PrewCouncil Meeting
February 24, 2004
Page 5 of 28
Logan: Well, I have different sizes (inaudible) and small jury, large jury, non-jury
courtrooms and the one I just - probably you are looking at a small jury
courtroom and with maybe two small conference rooms where attorneys can
meet for pre-trial and then we are probably looking at some court clerk space,
judge's chamber, you know, probably about 5,000 to 6,000 square feet.
Bird: I know truants are expensive, but what - how you did it was the way all
courtrooms should be done as far as I am concerned. From what I have
understood from the attorneys and judges.
Logan: They were a challenge.
Bird: They were a big challenge, so anyway they turned out nice and I am sure
that we would want to put something in to that kind of standard.
Logan: What I think you guys used (inaudible) contractors - used on this
building and we used them on the courthouse and they did a real nice job and it
pays off.
Bird: Yes, it does. What I am getting here is if we have the EMS, we are looking
about - you guys could use about 15,000 square feet. Without them we are
down to about 10,000. If we get a courtroom then we are looking at another
5,000 or 6,000 and I for one would love to see a courtroom over here - to make it
worth while, I don't know how many days we would have to do it - I don't know -
Mr. Nary could probably tell us how much the courtroom would be used over
here if it would be a five day deal or three or four or two day or what.
Nary: Well, I spoke so that everybody kind of knows a little bit about what we are
talking about. I spoke with Judge Williamson who is administrative trial judge for
the Fourth District and what she would like is if we are going to do this long term
when we look at and obviously there would be some interim steps to get there,
but long term what she would envision is having a full-time magistrate hear
because transporting magistrate back and forth from here to the downtown
courthouse really is a real loss of productivity. Currently, just looking at the
numbers that the Meridian Police Department generates would only be about 35
percent is what she told me - 35 percent of what a judges normal calendar would
be. Now, if we combine that with juvenile facility again that would take some
change in the way that the current structure of the court system is, but it doesn't
mean it couldn't be done. Yet, we were combining one judge into doing juvenile
and adult crimes - it can be done that way. It isn't currently being done that way,
so I guess there is some discussion that could be had to do that. If we were
going to have an adult judge just doing adult criminal calendar out here, a
magistrate, what I told the judge is that we don't currently collect data based on
where the defendants live, we collect data from where the officers that site the
defendants, which agency they belong to. So that 35 percent number really is
just Meridian PO's numbers. That doesn't include Ada County Sheriffs or Kuna
Meridian City Pre-Council Meeting
February 24, 2004
Page 6 of 28
and Star. It doesn't include residents who live in western Ada County, but were
cited by ISP or Boise Police. So, they don't currently do that, so we have to
figure out a way to pilot that, but all we are looking at right now is what would be
the space needs if we were to have (inaudible) what Mr. Logan is talking about.
Just so everybody knows, I just (inaudible) this audit five minutes before we
started, so it wasn't that -- he didn't really have any time to get these numbers,
but I think what we are looking at from a facility stand point is exactly what you
talked about. How much space is the courtroom going to be needed. If it's a jury
size courtroom it's going to be larger, you need to have chambers for a judge,
chambers for a clerk and they need to have some space for a clerk to take
payments and like a cashier's window type for payments for people to pay
citations and to take care of citations and that kind of stuff. Some of those base
things is what we are looking at and I told the judge, you know, if we got further
into this discussion we would look at how we would make this happen because
we need a lot of input from the judges, the court administration, the clerk's office,
a bunch of different players to make it happen, but (inaudible) players - you
know, the more we think in here and brainstorm a little bit, like the prosecution
attorneys and public defender would probably need space -
Logan: You know a place for the marshals, security, you know, but it's doable
and we could sit down (inaudible).
Nary: Yeah, but what's encouraging is that the judge is very receptive to the idea
of trying to figure out a way to do this and again there is a number of players to
put into place to participate and make to make it happen, but I think, like you
said, all we're looking at is preliminarily. I guess, Mr. Logan, one of the things I
was curious is when you had identified that the Commissioners were interested
in looking at western Ada County that you used the term Meridian Campus. So,
is it the vision that we are talking about land facility and the County building their
own building or are we talking about basically a fairly large municipal building that
the County would either lease or (inaudible) space all at the same building?
Logan: At one time, we were going to purchase property and go through the site
selection process and the vision and a long-term space needs for juvenile,
maybe possibly even abandoning our juvenile detention site on Denton and
move the entire program to (inaudible). We were looking at purchasing enough
property to make that happen. We are also looking at possibly relocating weed
control, which is (inaudible) and then consolidating it on one side to where we
could actually start (inaudible) working the way we wanted and kind of
addressing it as a campus and do our primary metering - although it wouldn't be
in one building, maybe two or three buildings on one side. I didn't know - you
know I just didn't even bring up weed control and I didn't bring up our long-term
needs for juvenile because they were very far out there and I didn't know if those
were compatible with what you were doing downtown or not. But, I do have num
for juvenile because they were very far out there and I didn't know if those were
Meridian City Pre-Council Meeting
February 24,2004
Page 7 of 28
compatible with what you were doing downtown or not. But, I do have numbers
and programming for that as well.
Nary: These preliminary space needs - the numbers that you are giving us, I
mean, are those with projected growth?
Logan: Yes.
Nary: Okay, great.
De Weerd: Mr. President.
Nary: Madame Mayor.
De Weerd: I appreciate you bringing these numbers. I think what you're end
result is the same as ours. We want to provide the best service to our citizens
and you know, our constituents are your constituents and how they can best
bring our services and a one-stop shop type of efficiency that would serve, I
think, both of our needs. So, looking at partnerships and how we can leverage
and maximize the tax dollars that would be put in and invested into this facility is
what we discussed with the County Commissioners and at the end result and I
think we are all on the same page with that.
Logan: I think the Commissioners are very excited about doing something jointly
and they, you know, of course they are interested and they said, well you know
how do we do it so we can create a long-term solution that would work for all of
us and you know we are kind of flexible. Is it kind of a tenant relationship or
exactly what are - I think with those things would work out and we just need to
be fair about it and just kind of work those details. I will tell you one thing that I
am a little nervous about - you know you learn a few things and I'll be the first to
admit I made a couple of mistakes on the courthouse downtown and that thing
from one end inside the building to the other is a football field and the handicap
people and the people that, you know, the elderly people that by the time that
they walked to the nearest, closest available parking, by code is there - by the
time that they walked to the front door and through security they are pooped out.
If I had to do it over again I would not make it so gigantic that you know some of
our elderly people and our disabled people have trouble getting into the building.
It's something that maybe - if - when we do build this we don't go quite so big
that everybody has to struggle to get in.
Bird: Do you recommend going up one story instead of going out?
Logan: Absolutely.
Bird: I agree with you 100 percent, I walked that thing the day it started and it's a
long walk.
Meridian City Pre-Council Meeting
February 24, 2004
Page 8 of 28
Nary: Before we finish, could you share anything else, Mr. Logan, Mr. Roberts?
Roberts: Mr. President, I don't know but maybe did you mention anything about
other services like the clerk's office that have recordings and an election office,
polling place, collection office, a treasurer as receiving bills and payments
(inaudible) as well as the assessor's office, tax collections - many of those
services for administrative functions wanting to come over to the west side -
(speaker unknown): When we did our assessment, you know looking at
(inaudible) it's almost a year ago, not quite a year. At that time the clerk
(inaudible) only put down and we asked that very question was how would you
want to participate and at that time it was just the election's central area and then
(inaudible) and Motor Vehicle is a department of our employee's office and at
that time that was all he was interested in. Now that may have changed. We
can -
Logan: I know of just another service too. Citizens of the-
(Speaker unknown} - tracking down just to record what document, you know,
seems to be very extensive and not very timely for them, but if we had someone
here to do that that would be nice because (inaudible --------) trash bill for the
County or (inaudible -----------) look up information.
Roberts: The technology we plan to bring to this is so that it would enable us to
have a virtual courthouse at this (inaudible) it would have the same capabilities
as if we were in the office next door. So, it should work out pretty good. We will
revisit that, you know, if we get kind of rolling with this and kind of bring that up.
Nary: Did you have anything else that you wanted - before we left the subject,
too, I didn't know if Chief Bowers if you had anything on the fire side in regards to
EMS or the space needs or anything like that? I didn't know if you had anything
else that you wanted to?
Bowers: We had talked to Mike Roberts several years ago about possibly
coordinating one of our fire stations, but Mike's rea] concern was the construction
out here that he wanted to wait for a while at that time and we haven't gotten
back together for any other concerns or any other discussions on that lately
because it's probably going to be about another year on the construction out here
on Franklin.
Logan: Have you guys gone - apparently, you still do your programming and site
selection by (inaudible)?
Nary: Yes.
Meridian City Pre-Council Meeting
February 24, 2004
Page 9 of 28
Logan: And then probably go out for an RQ for architectural services for the
building or were you thinking of a design (inaudible) project or maybe a design
build project like where one company comes in and designs it and builds it for
you or maybe picking the architect and doing the traditional design, bid and build.
Have you given that any thought about which delivery method you would like to
do?
Nary: I think we have thought about all. I don't know that we thought about any
one in particular yet. I don't think that we are at that stage of the discussion, I
think that's a (inaudible) for the rest of our presentation for what we are looking at
and then we will have to figure out how we get there.
De Weerd: Mr. President.
Nary: Madame Mayor.
De Weerd: I guess we are trying to identify first our space needs and then it
would be looking at sites selections and working on what the financing options
would be and how- best to pursue that. Certainly, your experience from over
building the main campus for Ada County would lend to that a great deal, so
Councilman Bird is going to kind of take a lead role in this and that might be
advantageous to sit down and then brainstorm the next steps and how best we
want to move forward on this.
Logan: Well, you know, I think your budget cycle is the same as ours and now
would be an excellent time to start putting some things together so that we can -
I think our (inaudible) wants to move forward and ---
Bird: The Mayor and Council, I believe, really want to move forward especially
this one. Yes, like the Mayor said we are going to examine all avenues, but if I
have my way it will be built like this: we will have an architect team with a
construction manager, just like you built the courthouse. I mean, you know, the
city (inaudible) hired MK construction manager.
Logan: Actually, MK was part of the design field (inaudible).
Bird: Yes, they were.
Logan: We used CH2M Hill as our -
Bird: -- (inaudible) was your main architect.
Logan: Yes, with MK.
Bird: So, we got to explore and I believe that's the best and most efficient way
that saves dollars. It certainly saved us a lot of dollars on this building right here.
Meridian City Pre-Council Meeting
February 24,2004
Page 10 of 28
Logan: Oh, yeah, this is a great building. I have been here a couple of times
and -
Bird: What's your number Dave, that I can get a hold of you?
Logan: 287-7101 and Commissioners think this is a priority, so you know call me
anytime.
Bird: I am just going to throw out that I think that both the Ada Counties can use
about 20,000 square feet of our building.
Logan: Now there may be some economy when we sit down and start doing
programming, (inaudible) rest rooms, conference rooms and that type of thing I
am sure those opportunities will pop up. We weren't able to get that far in our
planning.
Nary: Well, with that I think we can move on to the next part of our presentation
with ZGA. I know our time is getting a little short. We didn't know that we would
get it all done in one meeting anyway, but I will turn it over to you folks.
De Weerd: Thank you Dave and Mike.
Nary: Yes, thank you very much for coming.
De Weerd: Feel free to grab something to eat. Thank you.
Simmonds: Councilman Nary, Madame Mayor and members of the Council, we
appreciate the opportunity to walk through some of the outstanding issues that
we discussed and wanted to bring closure to the program and the programming
base. This is essentially an update of program document that was done several
years ago and a lot of changes in the City's administration and the City's growth
and all those other areas in the last few years so there is a little bit different
landscape now in terms of the City's needs and there (inaudible) and that. So,
as we move through the viewing with as many of the departments as we can,
there's questions that come up related to growth targets, future space needs,
where some of those administration functions are going to be. Whether some of
these things need to be satellite, whether or not we can locate within the city hall.
So, I would like to go through a couple of these things just to get into the meat of
it. A space tower that (inaudible) that (inaudible --------------------) that is supposed
to be set up so everybody can do it. So, I (inaudible) handouts. Essentially, the
tally (inaudible) for each department and signs through the years 2025 growth for
staff and administration and support personnel and moving through this process
we have gone through the rest of (inaudible) and back to a number of about
40,000 square feet, which would be a base number for city services within the
city hall. However, that number assumes several things. It assumes the location
and the departments in or out of City Hall. We quickly wanted to go through a
Meridian City Pre-Council Meeting
February 24, 2004
Page 11 of 28
couple of those and so we could talk a little bit more about them. One of the -
well several departments have been - there's a discussion about water, waste
and Fire Department administrative spaces and there has been some discussion
about (inaudible) administration, (inaudible-----------) and possibly being in City
Hall and some of them (inaudible) to not to (inaudible) and that's one of the
issues that wanted to do tonight if we can. Kind of see what your thoughts are
there. There is going to be discussion related to Parks & Recreation that
perhaps (inaudible-----------) City Hall, but the day to day functional events,
activities would be in the (inaudible) as it is now. It would be the same thing with
the Water Department. There also has been some thought that, I think, both pro
and con that if the administrative functions are away from those different services
is that necessarily optimum for the staff and coordination of those three
departments. So, we want to talk a little bit about that. The Historical Society is
another department that we have some questions about. It's not really a city
department. It is an entity that has amassed a fair amount of archival information
and there have been some discussion about possibly finding a home for them in
the City Hall space. The technology departments are one that appears to be
growing. As all technology departments do it will probably grow a lot in the next
ten years and I think the target for that is going to be laid correctly to how much
of those services are retained within the City and relied upon the City staff and
how much of those services might be contracted out to other providers or to
consultants. We want to talk a little bit about that. Then the last two: one of
course is space for the City Attorney. Right now the City Attorney functions, we
understand, by our contracted out so that their space is not currently in City Hall.
There has been some discussion, perhaps, that would continue over a period of
time. It seems to be a (inaudible) arrangement right now, as we understand it,
but the other part of that is as the City grows is there possibility that the City
Attorney's offices might want to be at City Hall in ten years or five years or fifteen
years? Would the attorney's offices that are here in the Police Station or move to
City Hall for any reason or are those spaces better left here in the Police
building? Not necessarily the easiest decisions. They have to be made in part in
past, but in order to put some acreage around that 40,000 square foot number
it's going to be important for us to kind of focus in on a few of those things. So,
first we'd like to have some dialogue with everybody about those and then you
start to look at which departments are here tonight or whom you want to start
with, Councilman Nary? I am not sure of the order in which you want to go
through here, but we got (inaudible) and Gary's here and it looks like we have got
some other people from the other departments too as well.
Nary: Council, do you have a preference as to how --?
Bird: (inaudible).
Nary: Certainly, I guess to talk about some of the existing parts that are here, but
I think we are obviously - okay, our time is getting tight so I know we only have
so much time and we probably are going to have another discussion on this fairly
(
Meridian City Pre~Council Meeting
February 24, 2004
Page 12 of 28
soon, but since some of the folks are here we probably need or want to hear
about that.
Simmonds: Okay. Maybe we need to start with Chief Bowers. Just kind of to
get your thoughts on which side of the fence we need to land under.
Bowers: Mr. President, City Council members I think our vision has been two
different ways. One vision is, of course, to stay where we are at and possibly try
to add on or grow there. Our other vision was of course moving to City Hall. I
would see that our training division, which would get bigger as we get bigger,
could use our facilities where we are at for years and years into the future with
the office spaces and stuff. If perhaps myself and Greta could move over to City
Hall that would relieve for the training - have some more room for the training.
Now, our big decision is where we are going to put the inspectors. Are we going
to put the inspectors in the building department or are they going to stay with the
Fire Department? Are we going to maybe have inspectors for the buildings that
we have now and the new inspector will go to the Building Department to take
care of the new structures that are coming in? There are quite a few different
ways that Tammy and myself and Bob Corrie and Keith has discussed on which
way we want to go. Nampa has just took all of their administrative and put them
in a new building - Nampa Fire, excuse me has put them all in a new building
over there in Nampa and talking with Chief Anderson, he loves it tremendously to
get away from the day to day chatting with the Fire Fighters because they just
come in every two minutes and want to discuss things and it's harder to do stuff.
So, if you are away from that we'd probably get a little bit more work done
through the day. Now when ZGA did come around and discuss this, we talked
about that we could share, very possibly with secretaries if we had to with City
Hall with other departments or we could share restroom facilities or we could
share meeting rooms. I mean, we didn't have to have a space for meeting rooms
just for us, but we could share it with other departments, so that's kind of what we
are thinking, one way or the other. It's probably going to be up to City Council
which way we do go. I would prefer going to City Hall. After being in City Hall for
a year last time I think I was able to do a lot more work and be able to get stuff
accomplished while being over there at City Hall than I was at the Fire Station.
Thank you, Mr. President and Council.
Nary: Council, any questions?
Bird: Mr. President.
Nary: Mr. Bird.
Bird: Okay, Kenny, you are talking about fire administration of just yourself and a
secretary?
Bowers: Yes, yes.
Meridian City Pre-Council Meeting
February 24, 2004
Page 13 of 28
Bird: None of your assistant chiefs, or --?
Bowers: Depends on where we go with them, Keith. If Joe stays with us and
does the existing buildings that we do now and take care of all of the little Tl's
and stuff like that and stay with us then we would have him move with us also. If
you bring in a different inspector to do all brand new buildings and structures and
put them in the Building Department that was one of the things we discussed too.
Bird: When Ron and I had purchased that 2 % acres or whatever we got the
back (inaudible) thinking about training and that (inaudible) needed to do that.
Okay, we know that in the near future we are going to have to have battalion
chiefs. Where are you going to house them?
Bowers: They would be housed there also.
Bird: So, in other words we probably need to take some fire administration to
City Hall?
Bowers: Yes. Yes. Thank you, Keith.
Simmonds: Councilman Bird, members of the Council. If we assumed right now
the number of spaces within that City Hall tallied, which include prior to two
Deputy Chiefs, which could be battalion chiefs, possibly; administrative assistant
- two administrative assistants actually and then two inspector spaces. So,
again these are best guesses that everybody knows at this point. But that
amounts to some - (inaudible) up to 788 square feet. In 2025, I believe, we are
looking at a number of 1,040 square feet, so it roughly doubles, depending on the
amount of staff and the amount of space that might be needed. So, the total
number - the 40,000 square foot number that we are looking at right now will
reflect the last (inaudible ----) with little doubt. So, there may very well be space
constructed today that isn't necessarily occupied by city personnel. So that
number would be somewhat between 20,000 to 40,000.
Nary: Questions?
Simmonds: The next one that we wanted to review was the water department.
(Inaudible discussion)
Smith: Mr. President, Madame Mayor, Council members we talked a little bit
about the superintendent's position in life and it appears, I think, as my memory
serves me anyway that the superintendent needs to stay with the (inaudible)
department. There just needs to be close coordination between the operation
and the superintendent.
Meridian City Pre-Council Meeting
February 24, 2004
Page 14 of 28
Simmonds: Would there be any need for (inaudible) administrative space in City
Hall at all? All we have included right now is just superintendent (inaudible),
superintendent administrative assistant was all we were projecting. But, it
sounds as though all of these functions would want to stay with the field
operations -
Smith: Yes, that's correct.
De Weerd: Mr. President.
Nary: Madame Mayor.
De Weerd: Gary, how much interaction does the superintendent have with
Public Works? Is there a necessity there to have that connection, whereas, the
assistant superintendent would be more over the field type of work and the
superintendent position itself would have more of an interactive dialogue with the
Public Works (inaudible)? And I don't know enough about it, that's why I asked.
Smith: We do have that interaction. We do that right now it's biweekly for our
staff meetings, but it's going to change a little bit from where we have a weekly
meeting with superintendents, either one or the other on a weekly basis and then
both of them biweekly. You are right the operations are pretty much handled by
the assistant superintendent, but we do have permanent requirements from the
Wastewater Department (inaudible). We also have federal requirements on the
Safe Treatment Water Act that we have to comply with (inaudible). Correct me if
I am wrong, but I think that's what we decided that the superintendents needed to
stay at the site because it's not only operations in the field that the assistant
superintendents take care of, but there are also personnel matters that need to
be (inaudible) by the superintendents. I think that removing them from the site
would put them at a disadvantage in that one particular area alone.
(Inaudible speaker): So that would be true then for local operandi?
Smith: Yes, correct.
Simmonds: I am not quite sure how the protocol is supposed to work in this
session, so -
Nary: Go ahead.
De Weerd: Just do it and we will tell you if it's wrong.
Simmonds: Is there anything that you have seen today in that (inaudible) in that
assessment that may need change? I know that we reviewed this a little while
ago, but there's been a little bit of time that has passed and you might not be
able to give us an answer tonight. I didn't necessarily expect that, but you know
Meridian City Pre-Council Meeting
February 24, 2004
Page 15 of 28
if there is anything else in there that goes to a question mark or if there is
anything else in the peripheral functions that need to be considered for City Hall
that we haven't considered so far, we want to be true to the (inaudible).
Smith: Okay. I would rather take a minute and a little time to review this to make
sure that we got everything.
Simmonds: Yes. (Inaudible). But, if you have any comments or any thoughts on
that just get back to us on (inaudible).
Smith: Thank you.
Simmonds: I think maybe we ought to - before we go any further is to (inaudible)
Planning & Zoning here and we have other departments here. Has everyone
had a chance to look at the space tally in any depth at all?
Powell: Yes, a small part, but it was easy for me. [looked at the space tally and
thought the tallies were (inaudible) concerns with some of the location
assessments that -= just a discrepancy - I said I wanted to be right next to the
City Clerk, he didn't say he wanted to be by me. (Inaudible) and those kinds of
things and that was the only thing I noticed as I thumbed through briefly. I didn't
read all 261 pages. That was the only thing that [ had concerns about-
De Weerd: Just the (inaudible)?
Powell: Yeah.
De Weerd: I think some of that depending on the overall size of the building and
of the floors, I think that once we move past the programming and into the actual
somatic look at to see which departments want to reside on the first floor, second
floor (inaudible) - I think that diagram that we included is fairly generic.
Powell: Just so you are aware that if you go forward, I just think that some of
those relationships and I don't think the Building Department shows up as being
next to the Planning and from the user's perspective it's probably what it would
nice for them. (Inaudible).
Simmonds: In the detail sheets in that report there is a category for (inaudible)
for each one of those spaces and a lot of those are pretty (inaudible) because a
lot of them are like (inaudible), but in the individual departments we made some
assumptions initially about what spaces should be next to which and that might
be something we would want to look at real quickly and just go through there and
make sure (inaudible -----------------------------------------) and some how we identify
those because often times some of the spaces can go almost anywhere, but
others are pretty location sensitive so we want to make sure that we at least
assess that program. So - I don't know how the comments need to come back
Meridian City Pre-Council Meeting
February 24,2004
Page 16 of 28
to US, but if anybody has any comments on any of those adjacencies or the
space tallies or the projections for the next few years shown on the chart here.
You are welcome to get with either Kathy or I, unless the Mayor and Council
want the information to go through them, which they may. I am not sure how that
needs to work, but just let us know or email us. If you get a chance to look at it
and you have got a few minutes to just type them up and send them to us, that
would be great.
Powell: The only other thing is that I would like to have Joe closer by (inaudible -
------------------) or whoever is doing the review of the development application.
Inaudible Discussion
Simmonds: I was thinking back in 1997, we had prioritized how (inaudible), but I
know that according to the floors last time the priority was of course the Council
Chambers, accessibility, records and City Council stuff but we had a back stair
entrance (inaudible) and other kinds of accessibilities (inaudible------------) but we
had to be connected somehow to get the information and records back and forth,
so that might be a way design-wise, but there is a priority that we need to have
for accessibilities with different departments and how we can communicate
physically sometimes instead of just email.
Smith: Well, I am glad you brought that up because there (inaudible-----------)
dynamic (inaudible) is the space analysis gets married to a site somewhere,
whether it's one story, two stories, three stories or four stories it's going to
change in dynamics of how the spaces are arranged. So, as long as we got the
critical adjacencies identified and try and loosen up the requirements for as many
spaces as we can so we (inaudible) what's going in that area it would be easier
and it also would make the (inaudible) things (inaudible) because like we are
saying, spaces might not be right next to one another, but they might be right
over the top of one another on three floors and they might be connected by
stairway, which would be closer. So, there are a lot (inaudible) that that can
happen.
De Weerd: Mr. President.
Nary: Madame Mayor.
De Weerd: I guess that also in consideration should be joint reception areas and
counter type of responsibilities, how we could maximize the use of staff
personnel as well, in addition you start looking at this you see different file room
needs or filing needs. As we move towards a centralized filing system, as I am
sure you are all looking forward to doing, but we want to look at what can be
used as joint space and what needs to have a more immediate access to the
different departments. So, those also need to be evaluated as we move forward
so we can say Kenny needs 100 square feet, you know, how much of that needs
Meridian City Pre-Council Meeting
February 24, 2004
Page 17 of 28
or can be incorporated within the reception area or his office and how much can
go into more of a centralized filing location.
Berg: And the techno, whether it needs to be vaulted, fire proof or featured
access to (inaudible) to (inaudible) and I (inaudible) to go through some of that
(inaudible) maybe jointly, maybe joint storage and I would have to put a storage
thing for so (inaudible----------------------) somebody else on the floor or (inaudible)
designed to (inaudible---------------------).
Simmonds: Well, those are all things we want to at least identify (inaudible)
either add to that as many (inaudible) as we can. There are things that are kind
of hard to visualize and so when you start looking at (inaudible).
Bird: Mr. President.
Nary: Mr. Bird.
Bird: Talking about storage and the Mayor is 100 percent right. We need to take
a good hard look at-putting in a storage system like we put (inaudible) system out
here. That type of storage can be used by every department. It will take quite a
bit of room. I don't know how big their room is out there, quite a piece of square
footage, but it's well worth it and it's something that - the files are very accessible
to you and that, I hope, we will spend the extra money to get that and that needs
to be put in either Will's square footage or somebody's square footage on the
records.
Powell: I think my storage space assumes that I'll be located next to the Clerk
and we will be sharing files.
Bird: I think most of you have seen the storage setup, we are the (inaudible)
thing that we have got out here and like the Mayor said we are going to go
centralized book keeping or record keeping, I should say, we need to put in a
system like that. (Inaudible-----------------).
De Weerd: Well, I guess how much hard copy we need and how much we can
microfiche because I think that's the direction the City Clerk's,will go-
Bird: Some stuff you have to hard copy on. There are plans (inaudible-----------).
Berg: Well, there are just things by statute that you have to keep. Then there
are the practical things that you need to keep. We (inaudible ----------) thrown
away plans on (inaudible-----) about certain issues (inaudible-----------) but there
has got to be some ways to keep track (inaudible).
Meridian City Pre-Council Meeting
February 24, 2004
Page 18 of 28
Simmonds: What we might want to do is just put (inaudible-------------). Just as
kind of a summary listing (inaudible) issue, just to make sure we got everything
included and an understanding of what you are thinking.
Wardle: Mr. President. We need to do the Park's Department while Doug is
here as well.
Simmonds: Absolutely.
De Weerd: That's you, Doug.
Strong: Mr. President, Mayor and members of Council just a real minor
correction on square footage. When the population is 40,000 it looks like I need
220 square feet. As it gets larger, I need less.
Nary: You are so efficient.
Strong: (inaudible ---------)-
De Weerd: I keep wondering why all the directors need bigger offices than the
Mayor, but I wasn't going to go there.
(Inaudible discussion -----------).
Strong: (inaudible).
Nary: So, you are saying, Doug, in adding up the numbers they are a little low?
Strong: I think our (inaudible) is consistent with other director's office spaces.
It's about one column ---
Inaudible discussion --------------
Nary: The first column is the existing space.
Strong: That's the existing space?
(Inaudible discussion---------------------)
Strong: There are a few issues with this and my experience in different
recreation departments over the years, I guess, it's pretty difficult to predict what
office space will be needed. If all staff is going to be at City Hall through our
population growth of 97,000. I think what's here is realistic if the focus is to
maintain administrative staff at City Hall, recognizing as the City grows and
recreation services grow, parks services grow there will be satellite locations
throughout the (inaudible --). So, I think this does represent kind of a minimal
Meridian City Pre~Councif Meeting
February 24, 2004
Page 19 of 28
representation of the department from an administrative standpoint (inaudible).
The one question that I would have from kind of an immediate space need
verses long-term needs would be a shared conference room meeting space
certainly makes sense to share with other functions (inaudible). One of the
things we talked about was more of an immediate need for like a multi-purpose
classroom environment and recognizing when Ada County was here earlier that
maybe there is some opportunity to share space with other tenants in the building
would be useful for more of recreational class environments that we have to go
out and solicit space from others, like the school district. Until such time, the
communities position to commit to (inaudible) community center that would be a
recreational focus. We don't have any space that we control or have direct
access to. This would be more of a multi-purpose room with versatile space that
can be moved around (inaudible----). Like self-defense classes to arts and crafts
classes. (Inaudible---------------) everything else looked fine at this point.
Nary: Excuse me Doug, but just to clarify that when you are talking about
satellite space you are talking about as a recreation (inaudible) having like out of
park site and having some office space or some space there, maybe it's attached
to a shelter or it's attached to a (inaudible) concession or something like that, but
it's also used for office space. Is that what you are talking about?
Strong: Well, in that example I think we are looking at probably park
maintenance space that would be (inaudible). Satellite space, I am thinking more
of as we can get agreements in place with the school district to share use of
facility that school district's site will use gymnasiums and it's not uncommon to
have office space at the school site and be occupied by (inaudible). If we
sometime in the future come up with a community center that would house
recreation and staff and the activities that go on in that center would be
(inaudible) and staff. As an example, the City of Olympia, Washington has a
population of 42,000 residents which is very comparable to what we have right
now (inaudible-------------) some of which are maintenance and (inaudible). So, it
is a little difficult to predict what a City Hall could accommodate recognizing in
that community that they have a community center where much of the staff is
located (inaudible----------------------). It depends on how the program grows. It's
probably the (inaudible----------) at least they will predict that growth (inaudible---).
Nary: Questions?
Wardle: Mr. President.
Nary: Mr. Wardle.
Wardle: I met with Doug to talk about space needs and a couple of things that
we talked about, obviously, park's departments would potentially prefer to be in
some sort of a community center, recreational type of center, obviously that's not
something we have in Meridian and so we work through how we can best meet
Meridian City Pre-Council Meeting
February 24, 2004
Page 20 of 28
the needs of the public. I am going to touch on just a couple of issues. One of
them is accessibility and where - because we have large amounts of people
signing up for recreational programs and large amounts of people from the public
who are accessing or would be accessing that office. It needs to be accessible
within the - we talked about it if we're looking at three or four-story building on
the first or second floor. I just - potentially, and Doug maybe could help me
out-no higher than the third floor, is that kind of what we had?
Strong: I think for the ADA standards that's typical that you need to have public
access within the first three floors (inaudible-----------) at least that ADA standards
were originally at, but currently they (inaudible------). Primarily, for fire - in the
event of a fire you would have to have reasonable distance to get (inaudible) -
they would have to come down the stairwell. That was one concern.
Wardle: Other things we talked about - the City of Meridian's Park's Department
- the City of Meridian through the Park's Department has created a number of
partnerships with youth organizations in the City and so we had looked or
thought about if we have space and we are going to grow into it, but we needed
to plan for it now, could there be a partnership within City Hall for some of those
spaces. I know that PAL organization have a centralized office on Franklin and I
am not sure if they have done away with that office or taken it internally or how
that all works, but there are organizations such as PAL or Meridian Youth
Baseball that we have partnered with that might need flex-base. I think certainly
it would be - it would make sense if they had some sort of flex-base to have their
sign-ups in City Hall in the lobby area or just some how make it a little more
accessible for the public. So, we talked about how we could incorporate that and
I am not sure what their space needs are, but I think it would be worth talking to
those individuals or at least thinking about it in the future. I will just echo Doug's
comment on classroom space. Classroom space which could be utilized by
multi-tenants, could be utilized by multi-departments, but there is a need for
people to sit, much as we are sitting here, around a group of tables and have
some sort of (inaudible) or presentation. I think I didn't see that incorporated in
here (inaudible---------------------).
De Weerd: Training lab?
Wardle: Training lab would probably be the right terminology for it, but I don't
think that one would necessarily take care of the entire City Hall.
Simmonds: I think that's a really good point. More and more (inaudible) and a
lot different kinds of stories. There are flexible training (inaudible-------------------)
that are used for a variety of things and especially as this facility will grow and
(inaudible --------------). So, how many and how big? Some of it's going to be
permanent use and some of it's going to be future projection, but we also have
had some discussion in the past about lack of assembly space and lack of large
areas that the (inaudible) public can use that are not necessarily formal City
Meridian City Pre~Council Meeting
February 24, 2004
Page 21 of 28
Councilor Planning & Zoning things and you may want to talk a little bit more
about that in terms of what those spaces need to be and how flexible they need
to be. There are a variety of things that (inaudible------------). Something along
that line too is concern as to who would be responsible for scheduling that space
and what would be the priority use of the space? If you have a shared space and
a lot of demand to use that space whether it's (inaudible) or a classroom then it
can get to the point where you almost have (inaudible) and have access to it.
Wardle: Just one more thing just from the Park's standpoint, real quickly, and
that is that the Park's maintenance staff I don't think is, well personally and the
department agreed that that shouldn't be the function of a yard for the equipment
and most of those things shouldn't be incorporated into a City Hall - have a
current site and could in the future potentially need additional spaces for that.
That is also the function of the Park's Department, which is in my opinion, outside
the scope of a City Hall atmosphere that we are trying to create.
Strong: Just make one final point on superintendent space for Parks. (Inaudible-
---------------- ) transition to be more administrative. Right now we don't have a
position in the department like an assistant director. I mentioned it (inaudible).
When you have offsite personnel, there needs to be somebody responsible for
their activities at the site as Shaun just mentioned. It's not the superintendent or
(inaudible) classification created for identifying (inaudible) so that there are
supers on the site.
Bowers: Madame Mayor, City Council when we talked with ZGA on possibly
using meeting rooms with other departments and stuff and I got to thinking about
that later. I know right now it's tough to get a meeting room in Meridian. The
Police is usually full, we're usually full, the Building Department is usually full. I
think we are going to have to really look for meeting rooms. Like Doug was
saying, we really need to put some meeting rooms that we could use. That we
don't have to be booked up. The other day we booked up way over, we had four
meetings going on and we kind of pushed P&Z out in our kitchen, so it can
happen. We might have to look at meeting rooms.
Nary: I think what you probably are going to look at for making sure you have
accurate space is you may have two different kinds. You know, like what we
have at the Police Department where you have some public space (inaudible)
and you may have some internal space behind the secured entrance or behind a
secured area that is departmental use primarily so that it isn't always going to be
booked up. Again, it may be some department sharing usage of it so there may
again be some overlap occasionally, but you are not in conflict with some public
spaces, you are going to provide some public access to. I think you are going to
have to have some prioritization of the scheduling stuff. J mean that's a little
further down the discussion, but I agree that we need the space, no doubt and
we are going to need it both internally for the City's needs as well as provide
Meridian City Pre-Council Meeting
February 24, 2004
Page 22 of 28
some access for the public to use the facilities and how we schedule that and
make that work both (inaudible). Bill you had your hand up.
Musser: Mr. President, Madame Mayor and members of the Council I am just
going to reiterate the point that Chief Bowers made is this week alone and last
week, we have had pretty well booked up spots in both Fire Department and
Police Department and you saw the sign when you came in this evening and this
is the third meeting of scheduling for this room today. It has been a very active
spot because people don't have access to a lot of meeting space right now and
based on what Director Strong is saying, I think that if we have the space
provided we are going to see more and more people coming to use it and it really
goes in hand with our philosophy of being open and encouraging the public use,
especially the downtown development concept of the place to come to do that
type of thing. Maybe we have to look at rooms that have the availability to
possibly be split similar to what they have down at the (inaudible) room, where all
of a sudden it becomes two and you can have two smaller sessions or you can
make it one large one. You know, look at some options like that, plus the areas
that we have for other things that are internal to the City Hall that are behind the
security fat;ade and-speaking of security, you know, that was the other issue that
I wanted to note too because looking at what we have here, looking at what our
neighbors to the east has done with officers down at the City Hall area now and
following that philosophy of making downtown Meridian the place to come to. I
am foreseeing that there is probably going to be a time when we have foot patrol,
bike patrol and that type of thing that is cored in the downtown area. One thing I
haven't had it on or were presented in this area and it was just an oversight until
a few moments ago was we may need to have a contact point within City Hall for
people that are down there actively doing stuff where they could meet with an
officer there, rather than having to come all the way out here or you know for an
officer to get caught up with them down there. A kiosk or a small little office area
just meet and to be able to take report with work. The other issue, I think, we
probably need to face reality (inaudible) in this post 9-11 era that we are in now is
that we probably also need to account for security, either it be through the Police
Department or some sort of private security within the building so you at least
have it on the ground floor and within the secured portions of the city office areas
as well. It's another thing we may well have to account for.
De Weerd: Mr. President.
Nary: Madame Mayor.
De Weerd: I guess just a piggy-back off of that that the Chief may want to
consider too is some kind of - I don't know if through the high tech capabilities,
but being able to get your dog license there or pay a fine or do some of the
business could be all done in that one stop type of goal than to say well you can
do everything, but to get your dog license you have to go out there.
Meridian City Pre-Council Meeting
February 24, 2004
Page 23 of 28
Musser: Madame Mayor at this point we have made it so successful in this town
to be able to get a dog license every single one of our area of vets has our dog
license. So people going to see the veterinarian can renew that way plus they
can come down here and I would be more than happy to set up something so we
could do that as well and I perceive with our technology as it develops it would be
a real easy way to be able to track it, we know what's receipted out, somebody
gets their dog license or whatever the case may be, I think that's entirely doable
for us and be able to service the citizens much better.
Powell: I was just going to comment on the larger meeting spaces that can break
down. I think (inaudible) helped (inaudible). ACHD's ones were, as well as Ada
County, but I like Ada County's because it is a little more formal for the
Commissioners and (inaudible). But they are nice spaces because they work
any variety of ways without that fixed auditorium seating. It just makes it so
much more flexible.
Nary: The other thing, Council, too to consider as we work through this process I
was thinking the same thing that has been mentioned about having flexible space
for conference rooms, flexible space for some of our partners that we have had,
you know and those kinds of things. At some point we are going to have to have
building maintenance people to help manage that space for us. You know, we
are not always going to want our support staff setting up chairs. You are not
going to always want, you know, whomever that can remember that we have got
a meeting to set up and to put the walls together. You are going to have to have
people who are going to be doing that function. Right now we are able to get by
with Will and eventually, you know, Will might retire or if Will were to get hit by
the bus, we need someone else to be able to know where all the stuff is. So,
another thing to think of as we go through this process that we may be needing
staff to help maintain the facilities without hiring out staff (inaudible). Mayor?
De Weerd: Just as we are talking about flexible space, I would like to see and
this is more design element, but flexible workspace. I know as Will and I have
kind of taken a look at City Hall and you start adding staff or I am sure all of you
have seen it, you add staff and you can't move the walls and it's just - we need
to look in terms of (inaudible) and maybe removable walls or workstations or ---
yeah, that we are not fixing walls where we don't have to.
Bird: Boise has got the ideal setup down there at the building department.
(I naudible).
(Inaudible discussion).
Berg: (Inaudible) designed last time which ones had to have privacy offices and
they never (inaudible) space as portable walls or partitions and maybe we should
do that again and say this office has to be a private office.
Meridian City Pre-Council Meeting
February 24, 2004
Page 24 of 28
(Inaudible -------------)
Berg: Because I know that you made sure that you laid out corner offices and
things you made permanent and then everything else was kind of flexible that
you could margin off as if you did have a person in there, but you had the space
to grow if you needed it.
Simmonds: Well, that's right and even at this point there are a lot of spaces that
may need to be hard wall offices, we think, but as we get into actually laying
things out and looking at the adjacencies and how things are going to function
and grow and maybe we group some of those core hard wall areas together, so
we have always got space to grow. In some cases, (inaudible -----------)
organization within those departments to allow that to happen, but you choose
that process before and it always ends up (inaudible) much more comfortable,
flexible space and be able to add offices without having to tear something out is -
everybody wants the ultimate flexible building. I think one of the things that we'll
have to think about -
Nary: -- could you get that done for us, thanks?
Simmonds: -- yeah.
(Inaudible discussion).
Nary: It's always easier ultimately to put up a wall in the future and to have the
flex space now than the other way around. It's very cumbersome to tear a wall
down and all that stuff. But, I guess the opposite side of the coin, I'd say, for a
person who uses the second floor of Boise City Hall it is a rat maze. So, you
really generally try and avoid as much rat-maze like exterior as you can and
that's what the one problem with too much flexible space, too much cubicle
space is that you have to find ways to break it up in a little better pattern. The
volume of people that you put in one space, (inaudible) with partitions it is a rat
maze and is not exactly real conducive to a good atmosphere for working.
Wardle: I just have one more question, if I could interrupt Mr. President. I just
want to address parking for a minute and I am showing that in 2025 we will need
99 parking spaces. Is that based on the volume of employees or is that based on
the volume of trips to City Hall that would be served by the public?
(Inaudible speaker): That is based on the ordinance.
Wardle: Okay. (Inaudible) per square foot?
Powell: Yeah, probably if we are going to have a lot of service related items it
may not address those sufficiently. It was probably calculated on general office
Meridian City Pre-Council Meeting
February 24, 2004
Page 25 of 28
space, which assumes a much less turnover than like DMV or something like
that.
Wardle: I just wanted to -as we get into kind of the County in some of those
service things and having additional tenants that parking is - I know when we are
talking downtown we are talking parking garages, I would assume and we need
to probably address some of those issues, not just employees but also potential
tenants or customers as well.
De Weerd: (Inaudible) parking on the roof.
(Inaudible speaker): That was one thing that we indicated on the report that
parking is an issue at a number of city owned parking lots in the downtown area
then the City decided to locate City Hall within that area those may become
accessible for the City Hall or (inaudible) number of scenarios, service parking
lot, parking garage. I believe there is a parking garage study, you know, a
parking garage study or a parking study for Meridian that would (inaudible------).
I think we were looking to see what those numbers might project as to whether or
not a parking facility is needed. We (inaudible) 100 stalls to build a parking
garage (inaudible) 100 cars if it's not economically, (inaudible------------) if it's
going to incorporate a much larger number (inaudible---------------------) 200 or
what, it would make sense to incorporate (inaudible). I think those were some
questions that (inaudible-----------------------).
Wardle: I guess I will just follow up on that. In my opinion, if you built the City
Hall without a parking garage downtown you are going to run into a large amount
of problems. We have limited parking right now in the downtown area to add
employees and services to that without adding parking, I think, would be
irresponsible of the City to try to accommodate all that in that space.
Bird: Mr. President.
Nary: Mr. Bird.
Bird: I don't think you are going to get a city hall and parking garage at the same
time. Parking garages are very, very expensive. With a City Hall you are not
going to have much more parking for the 8 or 10 hours a day that you have got
now. For our employees, we have got parking spaces within the City that is City
owned. Your walk-up traffic, I don't know how many that Parks has down there.
I have been to the park quite a bit and there are not usually very many people
that come in there during the day and maybe on sign up day or something like
that you might (inaudible). I think that we need to look at parking, but saying you
need a parking structure with the City Hall I don't think is doable.
Nary: I think we are going to have to wrap up here pretty quick, but Pauline had
something she wanted to add as welL
Meridian City Pre-Council Meeting
February 24, 2004
Page 26 of 28
Skeggs: I know that when I talked to Kathy about the space we were at a
different location when we did the space study and now we moved. So, from
where they did it before is actually kind of - we went to a smaller space than we
currently had and so now our space is more limited, but I think what she had put
down it would be enough space that it was appropriate for what would be needed
in the future because we had talked about a reception area and a conference
room and training area for orientation and different stuff, but we had talked about
having a central area where we can utilize and share it with other city
departments. The only additional area that we have was the file space storage
and that's our main problem, we just don't have enough space for our files. We
have outgrown it and when the City grows, we will need more file space and to
have it in a centralized location it wouldn't work for Human Resources because of
the confidentiality and the safety (inaudible) we need that. We can't have it in a
centralized location, go there and have to unlock the file cabinet, leave that, and
lock the file cabinet. We'd have people (inaudible) from the desk. So, the only
area would be the file concern, but if you looked at possibly at some point
microficheing some data that we might be able to eliminate some of the file
space and be able to work with what they put in. If we don't then we definitely
need - you know we have it down to the file room storage.
Nary: Gary, you have something else to add?
Smith: I am just curious of what the - if there are any thoughts as to the
disposition of the existing City Hall when all this happens? And if there would be
any possibility of using that building for part of the City operation assuming that
the new City Hall is located within close proximity of the existing City Hall. Where
one section of the city government could maintain its position in the existing City
Hall where it already has parking available and so forth?
(Inaudible speaker/discussion)
Bird: That's the problem; you don't have parking after Farmer's & Merchants
(inaudible ).
Nary: I don't know that anything has really been decided here. Certainly, that's, I
think, part of the discussion as well. I think one of the things I guess I've heard,
at least from my perspective is one of the things we talked about is some things
that maybe don't have to be maintained in a City Hall, but may have some needs
being in close proximity. One of them might be storage. There may be some
ability to use the current facility for (inaudible) along with something else. I don't
think you want that all for a storage building, but I mean there may be some
necessity for something like that. If we are creating somewhat of a campus idea
with the County, then maybe that's a better possibility for that building in
remodeling and again having it in a close proximity, depending on where the site.
I don't think any of those things were decided. I think that's kind of where we are
discussing and I know we need to wrap here pretty soon, but I don't think any of
Meridian City Pre-Council Meeting
February 24, 2004
Page 27 of 28
that has been decided. I think it is all kind of on the table. Council, is there
anything else we want to - I think a couple of things we need to take away from
this meeting, I think the Mayor had already stated that in our preliminary or
previous discussions we have asked Mr. Bird to sort of take the lead from the
Council's perspective on this project. Obviously, on a lot of the things ZGA has
said, the department of records wants you to contact them directly with
amendments or some other thoughts or ideas, please feel free. I would ask that
you make a "cc" to Councilman Bird as well as the Mayor so they are both in the
loop as to what we are doing. Obviously, we have a lot more to talk about and
the timing on that I don't really know, I guess I would like to leave that to Mr. Bird
until the rest of us has set a fixed date to have some more talk. Is that what your
preference would be, Mike? Do we need to sort of let you, Councilman Bird and
- are you raising your hand to volunteer or?
De Weerd: No, I am raising my hand for comment.
Nary: Anyway, let's go ahead and leave that and let's have that discussion
(inaudible-------------- ).
De Weerd: I think just to move it forward if Council member Bird, myself, ZGA
and County can get together and talk about the next steps and solidify a
timeframe that we can bring things back to Council and start moving things
forward.
Bird: I agree with that, Mayor and I think that we need to because - from what I
am getting from the County and I sure hope we can partner with them. I think it
could be very good for all citizens in Western Ada, especially if (inaudible) can
get us a (inaudible) in here would be fantastic. So, if there is going to be a third,
we are going to have to go to 60,000. I think we need to discuss what kind of
sights amongst the - what kind of sights we need. I am like Dave Logan, I'd go
up and be smaller than being stretched out like they are there and it is tough for a
guy that didn't know when I was doing it, how fast my heart was walking by that
thing, it took the air out of me. I had to light a cigarette every time I got to the
next floor just to get some air going.
Nary: Mike, I don't want to cut you folks short and I know we kind of compressed
a lot of stuff tonight. Does that sound workable from your folks' end?
Simmonds: Oh yeah. I think that would be great.
De Weerd: I will ask Peggy to make phone calls tomorrow to coordinate your
schedules and ours and Mr. Logan to get something going within the next
weekend.
Simmonds: That would be terrific.
Meridian City Pre-Council Meeting
February 24, 2004
Page 28 of 28
Bird: That would be great.
Nary: Okay, if there is nothing else, I guess we could take a motion to adjourn.
Bird: I move we adjourn.
Wardle: Second.
Nary: Motioned and seconded to adjourn. All those in favor say aye.
ALL AYES. MOTION CARRIED.
MEETING ADJOURNED AT 6:38 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
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MAYOR
Tammy de Weerd
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LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS & RECREATION
(20B) 888-3579. Fax 898-550J
PUBLIC WORKS
(208) 898-5500 . Fax 887-1297
BUILDING DEPARTMENT
(208) 887 -221\ . Fax 887-1297
PLANNiNG & ZONING
(208) 884-5533 . Fax 888.6854
CITY COUNCIL MEMBERS
Shuun Wardle
William L. M. Nary
Charles M. Rountree
Keith Bird
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, February 24,2004 at 5:00 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 with ZGA on Space Study Update
The public is welcome to attend the meeting.
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DA TED this 20th day of February 2004 3': ('J' COP-FORA r '"z.; ~
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33 EAST IDAHO AVENUE c 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 19, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 24,2004
ITEM NO.
3
REQUEST Discussion with ZGA on Space Study Update
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:
Js~r)J
di~/
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
RECEIVED
Meridian City Hall 1.November.200J
YEAR 2003/EX 2005 2015 2025
POPULATION 40,000 60,000 90,000 99.000
. . . .
Mavor 165 275 275 275 100 51 work area/seatino
Exec. Admin. Assist.lWaitino 210 300 300 300
Assistant #2 0 150 150 150
Council Chambers 980 2600 2600 2600 anlicioate 6 Council seats/seatino for 1 SO
Council Workroom 180 300 300 300
Conference{1 Q-15} ",80 250 250 250 E:<.e:lJtwe SesS.LonrPre-Co:.mcilh:;hared \"Iith Gnv HeH
Storane 0 250 250 250
Total NSF 1.715 3.875 3.875 3,875
'. " . .
City Clerk 200 200 200 200
DaDutv Clerk 150 125 125 125
DeDutv Clerk 0 125 125 125
Deoartmen! Snecialist 80 100 100 100
DeDartment SDecialist 80 100 100 100
ReceDtion 200 125 125 125 includes wailino area
CitvAttornev 0 200 200 200
Assistant 0 125 125 125
SUDDort 0 100 100 100
SUDDort 0 100 100 100
Sublotal NSF 710 1.300 1.300 1.300
Sunnon Snaee
Work Room 0 200 200 200
Record Storane 150 200 250 300
Librarv/Conlerence 0 225 225 225 Attornev SDace reDuirement
TotalNSF 860 1,925 1,975 2,025
.
Financial Director 160 175 175 175
Treasurer 150 150 150 150 .
Accountant 100 100 100 100
Ac.countanl 0 0 100 100
Accountant 0 0 100 100
Accountant 0 0 0 100
AccountinD Soeoialist 100 100 100 100
Accountino Soeoial1st 100 100 100 100
Accountino Soecialist 0 0 100 100
Accountino Soecialist 0 0 0 100
Billioo Suoervisor 120 120 120 120
Cuslomer Service Reoresentative 75 75 75 75
Cuslomer Service ReDresentative 75 75 75 75
Cashier 75 75 75 75
Cashier 0 75 75 75
Cashier 0 0 75 75
Cashier 0 0 0 75
Purchasino Manaoer 0 120 120 120
Purchasino/Admin.As_i_t, 0 75 75 75
IT Director 125 125 125 125
DeveloDmentfProoram Manaoer 0 0 125 125
Systems Network Manacer 0 0 125 125
pronrammer 0 100 100 100
Proorammer 0 100 100 100
Proorammer 0 100 100 100
Proorammer 0 100 100 100
Proaramme.r 0 0 100 100
Proorammer 0 0 100 100
Pronrammer 0 0 0 100
Promammer 0 0 0 100
Proarammer 0 0 0 100
Network SUDDort 0 100 100 100
Network Suonor! 0 100 100 100
Network SUDoort 0 100 100 100
Network SUDDOr! 0 0 100 100
Network SUDnort 0 0 100 100
Network SUDnor! 0 0 0 100
Network Suooor! 0 0 0 100
Network SUDoort 0 0 0 100
Subtotal NSF 1.080 2.055 3.090 3.955
Suooon Soace
File Room 400 400 400 400
Work Room 200 200 200 200 fax, coDier. counter, cabinets
Tola/ NSF 1.680 2,665 3.69D 4,555
FEB 2 4 2004
City of Meridian
City Clerk Office
year 2003/EX 2005 2015 202;5
population 40,000 60,000 90.000 99.000
. - .
Director of Human Resources 100 150 150 150
Human Resources SDecialist 100 100 100 100
Human Resources Analysl 100 150 150 150
Human Resources Assistanl 0 100 100 100
Human Resources Assistant 0 0 100 100
Sublotal NSF 300 500 600 600
SUDDon SDace
File Sloraoe 0 100 100 100
Tolal NSf 300 600 700 700
: . . : . . . .
Public Works Director 250 250 250 250
City EnQineer 150 180 180 180
Asst, City Enoineer 0 150 150 150
Staff Enoineer 150 150 150 150
Staff Enoineer 150 150 150 150
PIT Slaff Eneine.r 125 125 125 125
Enoineerino Tech tII 125 125 125 125
Enoineerino Tech. 11 125 125 125 125
Enoineerino Tech. II 0 125 125 125
Engineerina Tech. I 125 125 125 125
Enoineerino Tech. I 125 125 125 125
GIS Manaoer 0 150 150 150
GIS Analvst 0 125 125 125
GIS Tech 0 125 125 125
Depl. Saec. Eneineer 125 125 125 125
Depl. Spec. Engineer 0 125 125 125
Depl. Soec. Bldo 125 125 125 125
Deal. Saec. Bide 0 125 125 125
Senior Depl. Spec. Bldo. 125 125 125 125
PIT Deal. SDeC. Bldo. 100 100 100 100
Depl. Spec. Supervisor 125 125 125 125
Buildlne Official 125 125 125 125
Building Insaeclor 125 125 125 125
Buildino Insoeclor 0 125 125 125
Spec. Inspector 3 180 180 180 180
Spec. Inspector 3 0 0 180 180
SewerlWaler Insoector II 125 125 125 125
SewerlWaler Insoector II 125 125 125 125
SewerlWaler Inspector I 125 125 125 125
SewerlWaler Inspector I 125 125 125 125
SewerlWaler Insaector I 125 125 125 125
Plan Expediter 0 125 125 125
Plan Expediter 0 0 125 125
Sublolal NSF 2.980 4.185 4.490 4.~90
Support Space
Conference Roam 350 400 400 400
Conference Roam 125 125 125 125
Conference Room 0 125 125 125
Plan VaulVBuildino 100 250 300 300
Plan VaulVEnoineer 200 200 200 200
BuildinQ Support Space 200 300 300 300
File Storage Engineer 200 300 300 300
Enoin.er Librarv 150 150 200 200
Eminaer Support Space 390 500 500 500
Break Room 150 0 0 o See Public/lobby/Support lor 2005-2025
Total NSF 4.845 6,535 6.940 6,940
. . .
Plannine Direclore/Zonine Admin. 200 200 200 200
Adminislratiye Assistant 100 100 100 100
Planner I 150 150 150 150
Planner I 0 150 150 150
Planner II 150 150 150 150
Planner II 150 150 150 150
Planner II 150 150 150 150
Planner II 0 150 150 150
Planner II 0 0 150 150
Planner III 150 150 150 150
Planner III 0 0 150 150
Coda Enforcement Officer 50 50 50 50
Code Enforcement Officer 0 50 50 50
SublolaJ NSf 1100 1.450 1.750 1750
Suopon Space
Plan Vaull 100 200 200 200
Meellno N/A 0 0 o Cammon/Shared space with other deoartments
Tota! NSF 1.200 1.650 1.$50 1.$50
year 2003/EX 2005 2015 2025
population 40,000 60,000 90,000 99,000
.,- - . .
Director 220 200 200 200
Adminislrative Assistant 100 100 100 100
Parks Superintendent 150 150 150 150
Recreation Suoerinlendent 150 150 150 150
Recreation Supervisor 0 120 120 120
Recreation Coordinator 0 120 120 120
Office Assistanl 0 100 100 100
Subtola! NSF 620 940 940 940
Suooort Soace
Work Room N/A 150 150 150
StoracelPlan Review NlA 200 200 200
Conference N/A 0 0 o Common/Shared space with other departments
Total NSF 620 1.290 1,290 1,290
. .
Superintendent 200 200 200 200
Assistant Superintendent 120 120 120 120
Administralive Assistanl 100 100 100 100
Total NSF 320 320 320 320
- .
Superintendent 200 200 200 200
Administrative Assistant 100 100 100 100
Tola! NSF 300 300 300 300
. .
Fire Chief 200 200 200 200
Depulv Chief 144 175 175 175
Deputy Chief 144 175 175 175
Administrative AssislantJRec. 100 100 100 100
Adminislrative Assislanl 100 100 100 100
Inspector 0 120 120 120
Insoector 0 120 120 120
Subtotal NSF 688 990 990 990
SUDoort Soace
File/Storace 100 150 150 150
Total NSF 786 1,140 1,140 1,140
- . ' . . . .
Disolav Area 0 500 500 500
Office/Patron Area 300 300 300 300
Total NSF 300 800 800 600
, .=-: . . . ~ .
Entrance Vestibule 200 200 200 200
Lobbv/Gatherina 450 450 450 450
Public Restrooms 450 450 450 450
Staff Resl,ooms(2 @! 250 sO 120 500 500 500
Emolcvee Sreakraom 120 200 300 300 Shared
8uildino Services 2000 2500 6000 8000 Mech.,elec..sloraae, telecomunications, server
Warehouse Receivina Area 400 400 400 400
Trainino Lab 300 300 300 300
Subtotal NSF 4,040 5.000 8.600 10.600
Tola/ NSF 16,958 26,100 31,560 34,505
CI asn'.Ot7 Wv
VJ'~llw ~DS>-r ~r ~0\:\\r 0Dti~--1\t\U\V\\c~l.
. .
. .
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, February 24,2004 at 5:00 p.m.
Meridian Police Department
1401 E. Watertower
Meridian, 10
1. Roll-call Attendance:
Shaun Wardle
Charlie Rountree
Bill Nary
Keith Bird
Mayor Tammy de Weerd
2. Adoption of fhe Agenda:
3. Discussion with ZGA on Space Study Update:
(*90 minutes)
1< 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 - February 24, 2004 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
MAYOR
Tammy de Weerd
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LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS & RECREATION
(208) 888.3579 . Fax 898-5501
PUBLIC WORKS
(208) 898-5500 . Fax 887-[297
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887-1297
PLANNING & ZONING
(208) 884-5533 . Fax 888.6854
CITY COUNCIL MEMBERS
Shaun Wardle
William L. M. Nary
Charles M. Rountree
Keith Bird
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, February 24, 2004 at 5:00 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 with ZGA on Space Study Update
The public is welcome to attend the meeting.
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DATED this 20th day of February, 2004.
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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
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, February 24,2004 at 7:00 p.m.
City Council Chambers
1.
Roll-call Attendance:
K
()
X Bill Nary
Charlie Rountree X Keith Bird
~ Mayor Tammy de Weerd
Shaun Wardle
2.
fJ/~ff-)r~
Adoption of the Agenda:
~OIM-'
3.
Consent Ag~nda:
A. Approve minutes of February 3, 2004 City Council Regular
Meeting: cVf?pv<-
B. Findings of Fact and Conclusions of Law for Approval: 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: ~r).U
C. Findings of Fact and Conclusions of Law for Approval: 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: ~t^U
D. Attorney to prepare Findings of Fact and Conclusions of Law
for Approval: PFP 03-004 Request for Preliminary I Final Plat
approval of 2 building lots on 3.775 acres in a C-N zone for Cherrv
CrossinQ Commercial Subdivision by Hawkins Companies -
northwest corner of West Cherry Lane and North Linder Road: ~~
E. Ratify Adoption of Resolution No. 04-426: Amendment to
the Collective Labor Agreement, between the City of Meridian
and Local #2311 International Association of Fire Fighters: ~~
F.
: Park Fee Use 2004: arflTOcAt-
Resolution No.
04-427
Meridian City Council Agenda - February 24, 2004 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to docuD;lents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
G.
Resolution No. 04-428
Aareement Service Fee: wr/rP~
H. Three Party License AQreement with NMID - Eight Mile Lateral
Sewer Crossing: ~V'<.---
Third Party Billino
I. Well #26 Test Well Lot Lease with Goldcreek Developers: &~..'-'--'
J. Well #26 Test Well Drillina Contract with Adamson: c7'1 h>tfi-V
K.
Well #20 Pipina Pressure Zone Modifications Agreement -
Civil Survey: ~vv---
Agreement with Meridian Youth Baseball: af',trrl>tr< ~[.r uln.e-r-..e&td..-
EJ- L.
M. Development Agreement: AZ. 03-026 Request for
Annexation and Zoning of 5.11 acres from RT to C-G and I-L zones
for Cortabitarte Annexation by Jack Cortabitarte - south of East
Fairview Avenue, and west of North Eagle Road: ~~
4. Department Reports:
A. Public Works Department - Brad Watson
1. Discussion of Water Division Space Analysis Study:
~1::rCe- fo ~11.. '1/ h:?o 4-
5. (Items Moved from Consent Agenda) (< L II
6. Tabled from February 17, 2004: FP 04-008 Request for Final Plat
approval of 56 single-family residential building lots and 2 common lots on
17.8 acres in an R4 PD zone for Lochsa Falls Subdivision No.9 by
Lochsa Falls, LLC - west of North Linder Road and south of West
Chinden Road: ~W Iv ht,tl/Lch. ;2./ 2(70 1-
7. Tabled from February 17, 2004: FP 04-007 Request for Final Plat
approval of 26 single-family residential building lots and 1 common lot on
11.96 acres in an R-4 PD zone for Lochsa Falls Subdivision No. 10 by
Lochsa Falls, LLC - west of North Linder Road and south of West
Chinden Road: -Ia,!;tc Iv kt?/u/h 2-12-tJo4-
8. FP 04-005 Request for Final Plat approval of 28 single-family residential
building lots on 6.9 acres in an R-8(PD) zone for Quenzer Commons
Subdivision No.5 by Brighton Development, Inc. - west of North Locust
Grove Road and north of East Ustick Road: o/PH'VU-
Meridian City Council Agenda - February 24, 2004 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents andfor hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
FP 04-010 Request for Final Plat approval of 28 single-family residential
building lots on 5.4 acres in an R-8 (PO) zone for Quenzer Commons
Subdivision No.6 by Brighton Development, Inc. - west of North Locust
Grove Road and north of East Ustick Road: a;prf.l'-<...-
FP 04-011 Request for Final Plat approval of 15 commercial building lots
on 4.15 acres in an L-O zone for Stokesberrv Subdivision No.2 by Jon
Barnes, Properties West, Inc. - south of East Ustick Road and west of
North Eagle Road: ~ V'l.<-
FP 04-012 Request for Final Plat approval of 12 commercial lots and 5
common lots on 8.55 acres in an L-Q zone for Cedar SDnnas
Subdivision No.5 by Kevin Howell - south of McMillan Road and west of
North Meridian Road: arrOJ.'1-L
Public Hearing: Idaho Community Development Block Grant -
Meridian Senior Citizen Center: et7rl.-/>h~ j2/A. ~ /ntlAdt. Z,l 2404-
Continued Public Hearing from November 5, 2003: AZ. 03-018
Request for annexation and zoning of 43.86 +/- acres from RT to C-G
zones for Kissler I Cobbs I Eapv I Ruwe by BRS Architects - southwest
.
corner and southeast corner of North Eagle Road and East Ustick Road:
atYz;yngJ /<? j#Y'ej?/vc.e -//;:.( b(--t. /iy a,~vM'....
Continued Public Hearing from November 5, 2003: AZ 03-022
Request for annexation and zoning of 5 acres from RT to C-G zones for
Kissler (Dealv Parcel) by BRS Architects - southeast comer of East
Ustick Road and North Eagle Road: / r_
~:J t-o pre-p~ ./lJ:" a /--t rrr ~v~
Public Hearing: V AR 04-001 Request for a Variance to ordinance MCC
11-9-1 height restrictions in a C-G zone for Silverstone Coroorate
Center & Business Center by Sundance Investments - southeast corner
of East Overland Road and South Eagle R.oad:
~r/z;ryJ'i~1 10 (JY&j?~ //I-rc(.( ..;:;Dr a.j7j7t7Jv<<
Public Hearing: AZ. 03-035 Request for Annexation and Zoning of 70.64
acres from RUT to R-8 zone for proposed Settlement Bridae
Subdivision by Capital Development - 2205 East McMillan Road:
CcY'Yv-/fhU/i:., pi It -;4? Iha-u/k q/ 2tJo4-
Public Hearing: PP 03-041 Request for Preliminary Plat Approval of 266
single-family residential building lots and 34 common lots on 70.64 acres
in a proposed R-8 zone for proposed Settlement Bridge Subdivision by
Capital Development - 2205 East McMillan Road:
ct:JYvfyn~ ;a/A /-0 ~cA- 9/ '2--,9'04-
Public Hearing: cO P 03-065 Request for Conditional Use Permit for a
Planned Development to allow single family residential and attached
single family in a proposed R-8 zone for proposed Settlement Bridge
Subdivision by Capital ,Development - 2205 East McMillan Road:
Ct7J2;-jJhnu ;.:/A- /-1J ~ 1, U/fJ4-
Meridian City Council Agenda - February 24, 2004 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
19.
20.
21.
22.
23.
Public Hearing: AZ 03-028 Request for Annexation and Zoning of 7.98
acres from RUT to R-8 zones for proposed Cobblefield CrossinQ
Subdivision No.2 by Initial Point, LLC - 1295 West McMillan Road:
/t-r/r.lr/-tL.!f to r&f?4A.L -rIP tj'ol:e .hraJrr'vv~
Public Hearing: PP 03-033 Request for Preliminary Plat approval of 40
single-family building lots and 7 common lots on 7.98 acres in a proposed
R-8 zone for proposed Cobblefield CrossinQ Subdivision No.2 by Initial
Point, LLC -1295 West McMillan Road: L: .. ()
~-l-h-~-M:J tv jOMfM-e -/1,/.; elf rvr tz-pp-r() V.v<..--
Public Hearing: CUP 03-059 Request for a Conditional Use Permit for a
Planned Development for reduced requirements for frontage, lot size,
minimum house size and street side building setback in a proposed R-8
zone for proposed Cobblefield CrossinQ Subdivision No.2 by Initial
Point, LLC -1295){IJest McMilIanRoad; r: .. ~
?l:ffprnq T;T/ ~~~ .r/~4 c1c:. ~ RJ"~v-.
Ordinance No. 01- - / tJ 66 : AZ 03-026 Request for
Annexation and Zoning of 5.11 acres from RT to C-G and I-L zones for
Cortabitarte Annexation by Jack Cortabitarte - south of East Fairview
Avenue, and west of North Eagle Road: ap/Frr7v<-
Ordinance No. &4- - IO(;? AZ 03-034 Request for
Annexation and Zoning of 11.31 acres from RUT to R-8 and L-O zones for
proposed Razzberrv CrossinQ by Carl and Bonnie Reiterman - south of
East McMillan Road and west of North Locust Grove Road: aPpro v~
Meridian City Council Agenda - February 24, 2004 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting.
April 1, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
April 6, 2004
u-A
ITEM NO.
REQUEST
Approve minutes of February 24, 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:
I.}/
~r(fJ
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 24,2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
x
o
Shaun Wardle
Charlie Rountree
X
X Bill Nary
X Keith Bird
Mayor Tammy de Weerd
2. Adoption of the Agenda: Approve
3. Consent Agenda:
A. Approve minutes of February 3, 2004 City Council Regular
Meeting: Approve
B. Findings of Fact and Conclusions of Law for Approval: 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: Approve
C. Findings of Fact and Conclusions of Law for Approval: 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-B zone for proposed Baldwin Park Addition by
Capital Development - north of West Ustick Road and east of North
Linder Road: Approve
D. Attorney to prepare Findings of Fact and Conclusions of Law
for Approval: 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
Crossina Commercial SubdiviSion by Hawkins Companies -
northwest corner of West Cherry Lane and North Linder Road:
Approve
E. Ratify Adoption of Resolution No. 04-426: Amendment to
the Collective labor Agreement, between the City of Meridian
and local #2311 International Association of Fire Fighters:
Approve
Meridian City Council Agenda - February 24, 2004 Page 1 of 4
All materials presented at public meetings shall become: property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
F.
Resolution No.
Approve
Resolution No. 04-428
Aoreement Service Fee: Approve
04-427
Park Fee Use 2004:
G.
Third Party Billino
H. Three Party license Aoreement with NMID - Eight Mile Lateral
Sewer Crossing: Approve
I. Well #26 Test Well Lot Lease with Goldcreek Developers:
Approve
J. Well #26 Test Well Drillino Contract with Adamson: Approve
K. Well #20 PipinQ Pressure Zone Modifications Agreement -
Civil Survey: Approve
5-L. Agreement with Meridian Youth Baseball:
Amended
Approve as
M. Development Agreement: AZ 03-026 Request for
Annexation and Zoning of 5.11 acres from RT to C-G and I-L zones
for Cortabitarte Annexation by Jack Cortabitarte - south of East
Fairview Avenue, and west of North Eagle Road: Approve
4. Department Reports:
A. Public Works Department - Brad Watson
1. Discussion of Water Division Space Analysis Study:
Table to March 9, 2004
5. (Items Moved from Consent Agenda) L
6. Tabled from February 17, 2004: FP 04-008 Request for Final Plat
approval of 56 single-family residential building lots and 2 common lots on
17.8 acres in an R-4 PO zone for Lochsa Falls Subdivision No.9 by
Lochsa Falls, LLC - west of North Linder Road and south of West
Chinden Road: Table to March 2, 2004 Meeting
7. Tabled from February 17, 2004: FP 04-007 Request for Final Plat
approval of 26 single-family residential building lots and 1 common lot on
11.96 acres in an R-4 PO zone for Lochsa Falls Subdivision No. 10 by
Lochsa Falls, LLC - west of North Linder Road and south of West
Chinden Road: Table to March 2, 2004 Meeting
Meridian City Council Agenda - February 24, 2004 Page 2 of 4
All materials presented at public meetings shall become property ofthe City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/oT hearings
please contact the City Clerk's Office at 888-4433 at least 48 hOUTS prior to the public meeting.
8. FP 04-005 Request for Final Plat approval of 28 single-family residential
building lots on 6.9 acres in an R-8(PD) zone for Quenzer Commons
Subdivision No.5 by Brighton Development, Inc. - west of North Locust
Grove Road and north of East Ustick Road: Approve
9. FP 04-010 Request for Final Plat approval of 28 single-family residential
building lots on 5.4 acres in an R-8 (PD) zone for Quenzer Commons
Subdivision No.6 by Brighton Development, Inc. - west of North Locust
Grove Road and north of East Ustick Road: Approve
10. FP 04-011 Request for Final Plat approval of 15 commercial building lots
on 4.15 acres in an L-O zone for Stokesberrv Subdivision No.2 by Jon
Barnes, Properties West, Inc. - south of East Ustick Road and west of
North Eagle Road: Approve
11. FP 04-012 Request for Final Plat approval of 12 commercia/lots and 5
common lots on 8.55 acres in an L-O zone for Cedar Sprinas
Subdivision No.5 by Kevin Howell - south of McMillan Road and west of
North Meridian Road: Approve
12. Public Hearing: Idaho Community Development Block Grant -
Meridian Senior Citizen Center: Continue Public Hearing to March 2,
2004
13. Continued Public Hearing from November 5, 2003: AZ 03-018
Request for annexation and zoning of 43.86 +/- acres from RT to C-G
zones for Kissler I Cobbs I Eaav I Ruwe by BRS Architects - southwest
corner and southeast comer of North Eagle Road and East Ustick Road:
Attorney to prepare Findings of Fact and Conclusions of Law for
Approval
14. Continued Public Hearing from November 5, 2003: AZ 03-022
Request for annexation and zoning of 5 acres from RT to C-G zones for
Kissler (Dealv Parcel) by BRS Architects - southeast comer of East
Ustick Road and North Eagle Road: Attorney to prepare Findings of
Fact and Conclusions of law for Approval
15. Public Hearing: VAR 04-001 Request for a Variance to ordinance MCC
11-9-1 height restrictions in a C-G zone for Silverstone COrPorate
Center & Business Center by Sundance Investments - southeast corner
of East Overland Road and South Eagle Road: Attorney to prepare
Findings of Fact and Conclusions of law for Approval
16. Public Hearing: AZ 03-035 Request for Annexation and Zoning of 70.64
acres from RUT to R-8 zone for proposed Settlement Bridae
Meridian City Council Agenda - February 24, 2004 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Subdivision by Capital Development - 2205 East McMillan Road:
Continue Public Hearing to March 9, 2004 Meeting
17. Public Hearing: PP 03-041 Request for Preliminary Plat Approval of 266
single-family residential building lots and 34 common lots on 70.64 acres
in a proposed R-B zone for proposed Settlement Bridae Subdivision by
Capital Development - 2205 East McMillan Road: Continue Public
Hearing to March 9, 2004 Meeting
18. Public Hearing: CUP 03-065 Request for Conditional Use Permit for a
Planned Development to allow single family residential and attached
single family in a proposed R-8 zone for proposed Settlement Bridae
Subdivision by Capital Development - 2205 East McMillan Road:
Continue Public Hearing to March 9, 2004 Meeting
19. Public Hearing: AZ 03-028 Request for Annexation and Zoning of 7.98
acres from RUT to R-8 zones for proposed Cobblefield Crossina
Subdivision No.2 by Initial Point, LLC - 1295 West McMillan Road:
Attorney to -prepare Findings of Fact and Conclusions of Law for
Approval
20. Public Hearing: PP 03-033 Request for Preliminary Plat approval of 40
single-family building lots and 7 common lots on 7.98 acres in a proposed
R-B zone for proposed Cobblefield Crossina Subdivision No.2 by Initial
Point, LLC - 1295 West McMillan Road: Attorney to prepare Findings
of Fact and Conclusions of Law for Approval
21. Public Hearing: CUP 03-059 Request for a Conditional Use Permit for a
Planned Development for reduced requirements for frontage, lot size,
minimum house size and street side building setback in a proposed R-8
zone for proposed Cobblefield Crossin" Subdivision NO.2 by Initial
Point, LLC - 1295 West McMillan Road: Attorney to prepare Findings
of Fact and Conclusions of Law for Approval
22. Ordinance No. 04-1066 : AZ 03~026 Request for Annexation
and Zoning of 5.11 acres from RT to C-G and I-L zones for Cortabitarte
Annexation by Jack Cortabitarte - south of East Fairview Avenue, and
west of North Eagle Road: Approve
23. Ordinance No. 04-1067 : AZ 03-034 Request for Annexation
and Zoning of 11.31 acres from RUT to R-8 and L-O zones for proposed
Razzberrv Crossina by Carl and Bonnie Reiterman - south of East
McMillan Road and west of North Locust Grove Road: Approve
Meridian City Council Agenda - February 24, 2004 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian_
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council Meetin~
February 24, 2004.
The regular meeting of the Meridian City Council was called to order at 7:05 P.M.,
Tuesday, February 24, 2004, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlle Rountree
and Shaun Wardle.
Others Present: Bill Nichols, Will Berg, Anna Powell, Brad Watson, Kenny Bowers,
Doug Strong, and Dean Willis.
Item 1:
Roll-call Attendance:
Roll call.
X Shaun Wardle
X Charlie Rountree
X
X Bill Nary
X Keith Bird
Mayor Tammy de Weerd
De Weerd: Okay. I win go ahead and open the regular meeting for City Council. It's
Tuesday, February 24th. It's a little bit after 7:00. I'd like to welcome you all here. We
do have a few changes that are not reflected on the Council agenda. We do open with
the pledge and, then, an invocation. So, I apologize for them not being on your
agendas tonight, but that is how we open our regular city meeting. So, I would ask the
clerk to call roll attendance first.
De Weerd: Thank you. And if you will all stand. Please join me in the Pledge of
Allegiance.
(Pledge of Allegiance recited.)
De Weerd: Thank you very much. We have Glen Olson with us tonight. He is the
stake president from the LOS church. If you will, please, join us and lead us in the
invocation.
Olson: Our Father in Heaven, we are very grateful to be able to be assembled here
together in this free country and this very choice city that we live in. We are grateful
that we can come together and discuss these important issues that wHl present
themselves today. We are thankful for those who serve on the City Council, the Mayor
and the support staff, and the department heads. We are grateful for the marvelous
service which they render to us as a people. We pray that we might appreciate the
very many blessing that thou hast given to us in living here in this great city. We pray
for those who make decisions tonight, for those who wHl present their positions and their
needs, that they might be able to express themselves properly as they would desire and
that the judgment and wisdom that is needed might be granted unto us as a people, that
those decisions might be made in the best interest of all those concerned. We, again,
Meridian City Council
February 24,2004
Page 2 of 88
give thee thanks for this blessing that we have to be here and to live here and to
prosper and we say this in the name of Jesus Christ, Amen.
De Weerd: President Olson, before you leave I would like to present you with a
Meridian pin and thank you for joining us.
Olson: Thafs my second.
De Weerd: Your second?
Olson: Yes.
De Weerd: Oh, well, then --
President: It took me ten years to get one. Thank you.
Item 2:
Adoption of the Agenda:
De Weerd: Thank you for joining us. Okay. We are on Item No.2, adoption of the
agenda.
Bird: Madam President?
De Weerd: Yes. Mr. Bird.
Bird: Or Madam Mayor. I'm sorry.
De Weerd: That's all right.
Bird: I move that we adopt the agenda as published.
Wardle: Second.
De Weerd: It's been moved and seconded to adopt the agenda as published. Any
discussion or changes? Okay. All those in favor say aye, All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 3:
Consent Agenda:
A. Approve minutes of February 3, 2004 City Council Regular
Meeting:
B. Findings of Fact and Conclusions of Law for Approval: AZ 03-
033 Request for annexation and zoning of 10.05 acres from RUT
to R-B zones for proposed Baldwin Park Addition by Capital
Meridian City Council
February 24, 2004
Page 3 of 88
Development - north of West Ustick Road and east of North Linder
Road:
C. Findings of Fact and Conclusions of Law for Approval: 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:
D. Attorney to prepare Findings of Fact and Conclusions of law
for Approval: 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
Crossina Commercial Subdivision by Hawkins Companies -
northwest corner of West Cherry Lane and North Linder Road:
E. Ratify Adoption of Resolution No. 04~426: Amendment to
the Collective labor Agreement, between the City of Meridian
and local #2311 International Association of Fire Fighters:
F.
Resolution No.
04.427
Park Fee Use 2004:
G.
Resolution No. 04~428
Agreement Service Fee:
Third Party Billina
H. Three Party License Aareement with NMID - Eight Mile lateral
Sewer Crossing:
I. Well #26 Test Well Lot Lease with Goldcreek Developers:
J. Well #26 Test Well Drillina Contract with Adamson:
K. Well #20 Pipina Pressure Zone Modifications Agreement -
Civil Survey:
L. Agreement with Meridian Youth Baseball:
M. Development Agreement: AZ 03-026 Request for
Annexation and Zoning of 5.11 acres from RT to C-G and I-L zones
for Cortabitarte Annexation by Jack Cortabitarte - south of East
Fairview Avenue, and west of North Eagle Road:
De Weerd: Item No. 3 is the Consent Agenda.
Bird: Madam Mayor?
Meridian City Council
February 24, 2004
Page 4 of 88
De Weerd: Mr. Bird.
Bird: I would move -- we need to move Item L, the agreement with the Meridian Youth
Baseball, to 5-L and that's the only thing, I believe, we need to move off the consent
agenda. And with that I would move we approve the Consent Agenda and for the
Mayor to sign and the Clerk to attest on all proper papers.
Wardle: Second.
De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda with
the removal of L to five. Mr. Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 4:
Department Reports:
A. Public Works Department - Brad Watson
1. Discussion of Water Division Space Analysis Study:
De Weerd: Thank you. Okay. Item No.4, Department Reports. We will begin with
Public Works. Brad Watson to discuss the Water Division Space Analysis Study.
Watson: Thank you, Madam Mayor and Council Members. I did try to send you a
memo with some enclosures last Thursday. Do you have that in your packet? Okay.
It didn't make it into mine, then. I was just curious. There is quite a long dissertation I
wrote there about what we are doing with this Water Division Space Analysis Study. It
did happens that that day I did find out that you, Mayor, were planning on meeting with
Boise State regarding that space, so we can either postpone this discussion until after
you have that meeting or I can brief the full Council on whafs going on or I can simply
answer any questions, whatever you wish.
De Weerd: Mr. Watson, I think let's put this on next week's agenda and -- because we
meet with the issue between now and then, I believe. I don't have my calendar in front
of me.
Wardle: One moment and I can -- I think you have that meeting scheduled for next
Wednesday, March 3rd.
De Weerd: Okay.
Watson: So two weeks?
Meridian City Council
February 24, 2004
Page 5 of 88
De Weerd: Would it be a problem for the water department if we delayed the discussion
until then?
Watson: I don't believe it would be a huge problem. The only reason that we stuck to
this timing was to -- if we came to some conclusions this spring, to get it into this budget
cycle, but I think we will still be okay.
De Weerd: Okay. Okay. Council, if you don't object, we will just go ahead and put that
on the second meeting in March, on March 9th, for discussion and possible action.
Okay. Okay. Is there any other reports?
Item 5:
(Items Moved from Consent Agenda)
L. Agreement with Meridian Youth Baseball:
De Weerd: Okay. Hearing none, we have L removed from the Consent Agenda, so we
will ask Councilman Nary to -- for discussion on the agreement from Meridian Youth
Baseball.
Nary: Madam Mayor, Members of the Council, I had reviewed that and I'm sure most of
you -- all of you have as well and I didn't have any objection to the agreement as
written. My only concern was I think there has been some discussion with Meridian
Youth Baseball about charging of admissions to some of the events that are going to be
on the site and I guess I had a couple of concerns about that. One of the concerns is
that under the Idaho Code we maintain some immunity -- liability immunity when we
don't charge admission for use on public facilities. And my other is more the
philosophical concern I have of charging people for use of public facilities. I recognize
that Meridian Youth Baseball is raising a lot of funds and is -- or paying a lot of money
for the improvements on the site, but the rest of the public is paying for the site and so
I'm concerned about not having some language in this agreement that there won't be
any admissions charged and if there are going to be admissions charged, that we would
have the opportunity to have that discussion prior to any event that would charge
admission, so that way if there is some need for indemnification, if we want to do that,
we have some flexibility to do that, but right now it's sHent to it and I'm not sure if we
wanted to simply leave that open to a later discussion and so I wondered what the rest
of you thought about that.
De Weerd: Mr. Nary, I guess in talking to Mr. Strong and also Trace Layton, my
understanding is that it's a Meridian Youth Baseball tournament type of rule in that the
tournament team, then, takes -- the winning team takes that money as they move
forward to regionals and so the money that would be collected at the gate is not
something that that club would retain, it goes with the winning team to help defer costs
to move on in that process. But I think it's reasonable to me, if we address it on an
individual basis, but maybe Mr. Strong has some comment.
Meridian City Council
February 24, 2004
Page 6 of 88
Strong: Madam Mayor and Members of the Council, to clarify this issue, what's been
discussed to this point is related to what the Mayor was just talking about. With the Gal
Ripken League to bring a state or regional tournament to Meridian, the requirements are
to be able to charge a fee to cover the costs of the tournament and, then, to pay for the
cost of winning teams to move on. It would be an annual tournament that Meridian
would compete to get in Meridian, that would include Oregon, Washington, and other
states. So, it would be a once-a-year event. There would not -- there would not be a
fee charged for regular or ongoing league play at the field, it would be for tournaments
that we would compete to get in Meridian.
De Weerd: Mr. Wardle.
Wardle: Madam Mayor, just to address some of the comments that Councilman Nary
had -- and Doug had given me a call and we talked a little bit about it. They are looking
-- Meridian Youth Baseball is looking for potentially no more than once a year, but -- and
I'm not an attorney, so I'll ask this question. The tournament is sponsored by the
organization, so I -- and appreciate looking out for the city's interest and looking for
some kind of indemnification, but I think in this instance that would be something that is
probably very doable from the oversight national organization. It's probably standard
practice in other parks and I would ask maybe Mr. Layton if he would --
Strong: I think Mr. Layton would best address that.
De Weerd: Oh, he's probably lucky I didn't see him sitting out there.
Layton: Do I need to say who I am?
De Weerd: I need to swear you in. No, I don't. Would you, please, state your name.
Layton: Trace Layton, Meridian Youth Baseball. Yeah, for our tournaments, our regular
season, we do not charge any kind of a gate fee at all. Cal Ripken National, Babe Ruth
National, does -- we don't even set the gate fee, they tell every host tournament what
they are going to charge for a gate fee for a family pass and an individual pass and that
goes to cover umpires and -- for that tournament strictly and all that's left goes to the
team that wins state or regionals to move to the next level to help their family get there.
The host league does not get to keep any of that money.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I believe that's only at regional. State you don't have that, because --
Layton: Yes. State we have to charge -- you got in free last year, because you were
special.
Meridian City Council
February 24, 2004
Page 7 of 88
Bird: You weren't charging anybody, were you?
Layton: Yeah.
Bird: Oh, were you?
Layton: Yeah.
Bird: Sorry. I didn't -- I didn't believe that -- I didn't know you was charging last year.
thought that at the state level you didn't --
Layton: Yeah. State--
Bird: It isn't something that the city -- it isn't something that the city hasn't been doing
on city property already. As everybody knows, the American Legion Baseball field up
there, which was put in by American -- Meridian Athletic round table monies, with no
city money at all -- charges for their game. We have to at the legion level and for the
high school leveL I'm like Mr. Nary, on the regular basis of inter-league deal, I don't
like to be charged -- or see charges, but I know when you have your special, your state
and regional or national tournaments, that you have to charge on that, because of the
organization. But it isn't -- it is something that has been done in the city at the
American Legion baseball field since 1981 or '82 when we developed that field.
Layton: Another point that -- we, actually, as a league, have to pay Cal Ripken National
if we are awarded regionals or the world series, we have to pay Gal Ripken National out
of our -- our league has to pay them a set fee in order to host it. That takes care of --
that money actually helps get some of the other teams here, too, and also pays for
advertising and whatnot and getting the officials here and stuff and if we have to -- in
order for us, if we are not allowed to charge gate fees, first of all we'd probably take the
risk of not even being awarded regionals, but if we were, by chance, I'm sure they state,
well, we usually collect this many hundreds of thousands of dollars off the gate, you're
going to have to pay us that, so that would be more money that would come out of our
league and as a league, being nonprofit and trying to keep the fees as low as we can
and scholarshipping as many kids as we do, we wouldn't even be able to probably do
that. You don't make any money off these regional tournaments. The best thing about
it is as a league point -- standpoint is your kids aren't traveling, it gives you the benefit of
your kids are sleeping in their own bed, they usually play better, and, as a community, it
brings in a ton of money. When we hosted state last year, I know that both the
Microtel, the Best Western, and the Sandman were all three completely full with parents
and players from the other teams at the state.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
(
Meridian City Council
February 24, 2004
Page 8 of 88
Nary: I guess so everyone understands, I'm not opposed to the idea, but I think it's a
policy decision of this Council to decide to charge a fee for any use of a public facility,
regardless of what it is. I recognize that at the legion field we have done that and I'm
assuming that somebody 20 years ago made a policy choice to do it that way and that's
okay. That's my only point, was to do that. But, secondly, if we are going to make that
decision, I don't want the city to get sued, because we have waived that recreational
immunity to allow someone to charge on our public facility. Therefore, someone needs
to indemnify the city, so when someone -- if someone gets injured, whether it's Cal
Ripken, whether it's Meridian Youth Baseball, whether it's the city decides to take that
risk, that's all I'm saying, it's not in the agreement. I'd like it to be in the agreement as
to what those decisions are and who is responsible for them when we have it. It doesn't
bother me to have it, I just want it in the agreement, so that way we don't always have to
re-invent that five years from now or ten years from now, this is a 25 year agreement, lId
just like it to say what those -- what those rules are. And, again, whether it's the city
that's going to take that risk, whether it's partnering with Meridian Youth Baseball, or Cal
Ripken or whoever it is, if we are going to make -- if we are going to allow people to be
charged a fee for basically using a public facility, we should contemplate that in the
agreement. That's aliI was wanting.
Layton: One thing I might suggest, maybe -- I'm not an attorney, but possible verbiage
on that is that if it's written in there, if something about that it is acceptable, or whatever
the word is, to host from a state tournament level up, to regionals to world series, that,
then -- because that's the only time we would be doing it as our organization. You
know, we are willing to sign that, so --
Nichols: Madam Mayor?
De Weerd: Mr. Nichols.
Nichols: Madam Mayor, if I may. Councilman Nary, with regard to the indemnification
issue, in paragraph five -- it starts on page four of the agreement. There are provisions
with regard to indemnity and that includes a provision that Meridian Youth Baseball
carry the insurance, which includes the city as an additional named insured, which
would assist with the concern that you have raised of waiver of recreational immunity
and, then, from what Mr. Layton said, clarifying, we could include a provision in the
agreement that simply says there would be no gate charges for activities hosted by
Meridian Youth Baseball facility, except for state or regional tournaments upon notice to
the city, something that -- we can come up with some language that would address that,
if that's your pleasure.
Nary: That would be great.
Bird: Is that okay?
Meridian City Council
February 24, 2004
Page 9 of 88
Nary: Yeah. I think that would be great. At least that it's clear to everybody that the
facility is a public facllity, but there are certain events that we have made a conscious
decision to charge for and cover that risk. I think that's fine.
Bird: So, you're willing to go for a motion to accept this agreement with those changes?
Nary: We can either do it tonight or make the changes for next week and --
Bird: I think they'd like to get on, because they got fund raising to attend to.
Nary: That's fine.
De Weerd: Was there anything else that you needed to address?
Layton: No.
De Weerd: Okay. Thank you. Okay. Council, I would entertain a motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we enter into the agreement with Meridian Youth Baseball, Inc.
The agreement dated February 24th, 2004, and to work out some new wording under
the indemnification section five agreeable to both Meridian Youth Baseball and the city
and for the Mayor to sign and the Clerk to attest.
Nary: Second.
Nichols: Madam Mayor?
De Weerd: Mr. Nichols.
Nichols: Madam Mayor, Councilman Bird, if you could just give the flexibility to put the
paragraph perhaps where it may be more appropriate in the agreement. It may be
under conditions of use or somewhere.
Bird: That's fine with me. Where ever you want to put it.
Nary: I concur.
De Weerd: Thank you. Okay. The motion is to approve Item 5-L, agreement with
Meridian Youth Baseball. Is there any further discussion? Mr. Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
Meridian City Council
February 24, 2004
Page 10 of 88
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6:
Tabled from February 17, 2004: FP 04-008 Request for Final Plat
approval of 56 single-family residential building lots and 2 common lots on
17.8 acres in an R-4 PO zone for Lochsa Falls Subdivision No.9 by
Lochsa Falls, LLC - west of North Linder Road and south of West
Chinden Road:
Item 7:
Tabled from February 17, 2004: FP 04-007 Request for Final Plat
approval of 26 single-family residential building lots and 1 common lot on
11.96 acres in an R-4 PO zone for Lochsa Falls Subdivision No. 10 by
Lochsa Falls, LLC - west of North Linder Road and south of West
Chinden Road:
De Weerd: Thank you. Okay. Item 6 was tabled from February 17th, 2004, FP 04-
008, Lochsa Falls Subdivision NO.9. I'll start with staff comments.
Powell: Madam Mayor, Members of the Council, they have again requested deferral for
one week, I believe. -So, I -- sorry we didn't get that information to you in time to
change the agenda.
De Weerd: Okay.
Powell: That would apply to the next item as well.
De Weerd: Okay. So, you will need to table Items 6 and 7 to March 2nd; is that--
Powell: Yes, ma'am.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we table FP 04-008 and FP 04-007 to March 2nd, 2004.
Wardle: Second.
De Weerd: Okay. It's been moved and seconded to continue the tabled Items 6 and 7
to March 2nd. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 8:
FP 04-005 Request for Final Plat approval of 28 single-family residential
building lots on 6.9 acres in an R-8(PO) zone for Quenzer Commons
Meridian City Council
February 24, 2004
Page 11 of 88
Subdivision No.5 by Brighton Development, Inc. - west of North Locust
Grove Road and north of East Ustick Road:
De Weerd: Item No.8, FP 04-005 for Quenzer Commons Subdivision No.5. Anna.
Powell: Madam President -- dang it. Madam Mayor, Members of the Council.
De Weerd: It will happen. I have faith.
Powell: Two for two tonight This is phase five of Quenzer Subdivision. The area is
shown in the circle there. It is in substantial compliance with the approved preliminary
plat. I don't believe that the applicant has expressed any concerns with the conditions
of approval. So, with that I will end staff's presentation. There is the final plat. I'm
sorry. There you go.
De Weerd: Okay. Is there any questions for staff? Is the applicant in agreement with
the staff report? Okay. If you don't have any further comments, we will just leave it at
that. Thank you. The applicant is in agreement with staff comments. Council?
Wardle: Madam Mayor?
Oe Weerd: Mr. Wardle.
Wardle: I move that we approve Item No.8, FP 04-005, the final plat for Quenzer
Commons Subdivision NO.5.
Bird: Second.
Oe Weerd: Okay. It's been moved and seconded to approve Item No.8, FP 04-005.
Any discussion? Mr. Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 9:
FP 04-010 Request for Final Plat approval of 28 single-family residential
building lots on 5.4 acres in an R-8 (PO) zone for Quenzer Commons
Subdivision No.6 by Brighton Development, Inc. - west of North Locust
Grove Road and north of East Ustick Road:
De Weerd: Okay. Item 9 is FP 04-010, Quenzer Commons Subdivision NO.6.
Powell: Madam Mayor, once again, we have a very clean final plat as shown in the
circled area. There is the final plat for you. It is in substantial compliance with the
approve preliminary plat and to my knowledge the applicant is in agreement -- and he is
nodding his head -- with the conditions of approval and the staff report.
Meridian City Council
February 24, 2004
Page 12 of 88
De Weerd: Thank you. We appreciate the applicants when they turn in a final plat that
matches their preliminary plat. Any questions or comments from Council? Okay.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No.9, FP 04-010, final plat approval for Quenzer
Commons Subdivision NO.6.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve FP 04-010, Item NO.9.
Any discussion? Mr. Clerk.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 10:
FP 04-011 Request for Final Plat approval of 15 commercial building lots
on 4.15 acres in an L-O zone for Stokesberrv Subdivision No.2 by Jon
Barnes, Properties West, Inc. - south of East Ustick Road and west of
North Eagle Road:
De Weerd: Okay. Item No. 10 is FP 04-011, Stokesberry Subdivision NO.2. Anna.
Powell: Madam Mayor, Members of the Council, this is a partial submittal of the total
area that was replatted in the Stokesberry Subdivision. Those are the lots as shown for
the preliminary plat and those are the lots as shown for the final plat. They are in
substantial compliance. Just so you remember what this looks like -- oh, there was
supposed to be a site plan. Oh, didn't make it in. Sorry. The proposed final plat is in
substantial compliance with the preliminary plat for this commercial project and the
applicant's representative, Mr. Daren Fluke from JUB, sent an e-mail saying that he
was in agreement with the conditions of approval on this project.
De Weerd: Okay. Any comments? Questions for staff?
Bird: I have none.
De Weerd: Okay. I would entertain a motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
February 24, 2004
Page 13 of 88
Bird: I move that we approve FP 04-011, Stokesberry Subdivision No.2, final plat, and
for the attorney to draw up the appropriate papers.
Wardle: Second.
De Weerd: Okay. It's been moved and seconded to approve Item 10, FP 04-011 on
Stokes berry Subdivision NO.2. Any discussion? Mr. Clerk.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 11:
FP 04-012 Request for Final Plat approval of 12 commercial lots and 5
common lots on 8.55 acres in an L-O zone for Cedar Sprinas
Subdivision No.5 by Kevin Howell - south of McMillan Road and west
of North Meridian Road:
De Weerd: Thank you. Item No. 11 is FP 04-012, for Cedar Springs Subdivision No.
5.
Powell: Madam Mayor, Members of the Council, this is the Cedar Springs North
preliminary plat. The area of the final plat is there at the corner. It's for 12 commercial
lots and five common lots. The final plat is in substantial conformance with the
approved preliminary plat and, again, the applicant's representative Daren Fluke has
sent an e-mail stating he is in agreement with the conditions of approval. I do need to
note for the record that there are some -- two mistakes on the staff report. The
references to Ustick should be to McMillan Road. That's our fault, not his.
De Weerd: Okay. Thank you, Anna. Any questions for staff?
Bird: I have none.
De Weerd: Okay. Mr. Wardle.
Wardle: I move we approve Item No. 11, FP 04-012, final plat for Cedar Springs No. 5
and to incorporate all staff comments.
Bird: Second.
De Weerd: Thank you. It's been moved and seconded to approve Item No. 11, FP 04-
012. Any further discussion? Okay. Mr. Clerk, will you call roiL
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Meridian City Council
February 24, 2004
Page 14 of 88
De Weerd: Thank you. Okay. We are now at the Public Hearing part of our agenda. I
just want to explain the process for you that are new to this. We do ask, by ordinance,
that we swear in anyone that is going to offer public testimony, So, we will do it all at
one time, so if you are going to testify, if will, please, raise your right hand. Is the
testimony you provide tonight the truth, the whole truth, and nothing but the truth, so
help you God.
(Affirmative answers.)
Item 12: Public Hearing: Idaho Community Development Block Grant _
Meridian Senior Citizen Center:
De Weerd: Thank you very much. Okay. Also, begin our public hearing process first
with staff comments and, then, the applicant typically gets up and the applicant is given
15 minutes to introduce the project. Public testimony are three minutes in length and,
then, the applicant has a chance to respond to that public testimony. So, I will go
ahead and open up Item No. 12, our Public Hearing for the Idaho Community
Development Block Grant for our Meridian Senior Center and I don't know who is going
to kick us off. Pat Ingle. Pat, if you will, please, state your name and address and spell
your last name. -
Ingle: Work address or my address?
De Weerd: Work address is fine.
Ingle: My name is Pat Ingle, I'm with Sage Community Resources, and I'm here to
assist the city and the seniors in this application. Our address is Executive Drive.
De Weerd: Either one is fine.
Ingle: 10003 Barnsdale in Boise, Idaho. What we are here tonight is to give the public
an opportunity to comment on the application that the city is submitting on behalf of the
Meridian Seniors, to help them rehabilitate the senior center. I do have handouts on
the back table and I believe the Council has that, in addition to a copy of the draft
application. And we have the architect here and representatives from the senior
organization to answer any questions and the architect will present some details. So, I
need to highlight the program and get that into the hearing record and the general
project description. The purpose of public hearing is to allow the citizens of Meridian to
have input into the development of the Idaho Department of Commerce community
development block grant application in accordance with Meridian citizen participation
plan. The program is a community development block grant program, fondly referred to
as CDBG, was enacted by the Community Development Act of '74, which authorized
Housing and Urban Development to operate the program. This is a federal program
that distributes funds to Idaho cities directly through the Idaho Department of
Commerce. Only cities and counties are eligible applicants to the program. Therefore,
the Meridian seniors could not apply directly, they need to work through their local
jurisdiction. Grant dollars available to the state of Idaho this year are approximately
Meridian City Council
February 24, 2004
Page 15 of 88
600,000 dollars for senior and community center improvements. The application
deadline this year is March 5th, so it's approaching quickly. The application handbook
is available for review, as well as on the Department of Commerce website. Generally,
this project is -- will upgrade the Meridian Senior Center with accessible restrooms.
Currently the building does not have handicapped accessible restrooms, hopefully,
replace the roof, which has been patched many times over the years, and correct health
and safety issues, including other accessibility issues throughout the building. Subject
to available dollars, the project consists of about eight priorities which are listed on the
handout and are individually casted out on the back side of the handout and these are
in order of priority that the seniors have worked up with the architect, based on trying to
meet as many of the code requirements as possible. So, the restrooms are the first
priority. The second priority is to deal with some issues in the kitchen. Currently the
kitchen ceiling has open grate plastic over the lighting, which is over the food
preparation area, which does not meet health and safety codes for that. The other
issue is exhaust ventilation in the kitchen. Rather than a new HVAC system, the
architects have worked out a way to add exhaust to draw out the heat, which sometimes
is 107 degrees in the kitchen for the people preparing meals. They prepare over 400
meals a day in the kitchen, too. Priority three is to add an accessible exit from the
dining area. This is a- new exit, because currently the exit exits the building into a
narrow graveled area and by code it needs to be moved to another side of the building.
Priority four is to modify the existing west exit from the dining area, because it's not
accessible, it's -- I believe it's three steep steps into there. Priority five is replace the
leaky roof and, hopefully, that's -- one section has three layers of shingles now. That's
why we need to look at replacing the roof. This particular priority is not anticipated to
be funded with community development block grant dollars, it will be funded separately
with money that the city and the seniors have set aside for the roof project to match a
foundation grant, which the seniors are pursuing with rural conservation and
development for 15,000. But it is still part of the improvement project. Priority six we
are hoping to have enough money to lengthen one of the ramps in the building that
connects the dining area with the recreational area. It is a ramp now, it does have
handrails on one side, but the codes have changed and so the rise on the ramp does
not meet current codes, but it's not just a simple fix, so it means moving doorways if you
change that. So, it's on the priority or list. Number seven is on the back page and,
again, the codes now require different ramping requirements than the seniors now have
at the front door and the ramp coming off of the computer board room area. Even
though there are ramps and rails, again, the rise and some of the issues are not up to
current code. And priority eight is currently unfunded, but it is -- they do have an
improvement program which the architect will go through, so that they have cost
estimates, they have preliminary drawings, and they know what they are up against as
far as raising money to do all of their improvements and this is for the garage. We
aren't able to have enough funds in this particular project to help them build a garage,
but we have a cost estimate and that's around 25,000 dollars, 25 to 30 thousand dollars.
So, the cost estimates are broken down here. Currently we have a project cost
estimate of 195,700 dollars, 100,000 of that we are applying with this application to the
Department of Commerce for block grant dollars. The construction portion of that
money is about 141,000 for those eight priorities that we talked about. The sources of
Meridian City Council
February 24, 2004
Page 16 of 88
the funding are broken out on the handout as well. The block grant is 100,000. The
Meridian seniors have cash in the amount of 35,805 and that amount includes some
cash expenditures they have already made to some of the improvements that are part
of this project. The Meridian seniors have put in 360 dollars of in-kind work when they
dealt with some fire safety issues in the dining room. The City of Meridian's in-kind --
the large amount there is your audit and that's part -- you always have to have an audit
as part of the block grant and so you get to take credit as match for whatever your
regular audit costs are and I got that from Stacy. The six hundred dollars are an
estimate at this point, in the hopes of there might be some fee compensation for the
project. That really helps out the project and some -- most cities are able to help in that
way. So, that figure might change slightly. Private in-kind is, again, some donation of
time from Sage and donation from other seniors and -- on previous projects and, thus,
the total of 195,700. What we ask tonight is if the Council members and anybody who
would like to, review the draft application, you have a draft application in the clip, and
behind that is a separate stapled document which is, actually, the Meridian senior's
capital improvement program that they now have. And that outlines a item cost for
each priority and a drawing. This hearing does need to remain open for five days and I
will leave with the city clerk a copy of the application manual, a copy of the draft
application, my card, and I encourage anybody who does have comments to put them in
writing during the next five days and get them to me. The mailing and fax information is
there. And at this time I believe the architect has some detailed information I so that the
Council can understand exactly what we are doing.
De Weerd: Thank you, Pat.
Nielsen: Thank you. Madam Mayor, Members of the Council. Thank you, again, for
the city to be -- for being a sponsor for the Meridian Senior Citizens Center.
De Weerd: Roger, if you will, please, state your name and address.
Nielsen: My name is Roger Nielsen with Johnson Architects. My name is spelled N-i-
e-I-s-e-n.
De Weerd: Thank you.
Nielsen: And, again, thank you for being a sponsor to the Meridian Senior Citizens
Center and we appreciate that very much. We have been working very hard with Ken
Altig and Jerry Knox with the Meridian Senior Citizens Center. They have done a good
job prioritizing the items that they need to have corrected there at the Senior Citizens
Center and, hopefully, the grant will be funded. If Anna could put in that disk, I will
quickly show -- Pat has done a good job explaining what the different priorities are and
what I'd like to do is just quickly go through those items for you and show you where
they are at at the senior center and how they impact the total facility there. I know you
have a handout there that has those in there and for purposes of the public I'd just
quickly like to briefly go through those. Okay. Again, we'd like to encourage written
public comments for this project from the public. Next. Okay. Here we have the
Meridian City Council
February 24, 2004
Page 17 of 88
existing plan. Right in here is the toilet rooms right now that do not comply with the
Americans with Disabilities Act and that is -- and we also have this exit here, which you
see this long kind of a courtyard here, in reality, this dining room right here has an exit
here and one here, but -- and they seem to be remote, except for the fact that you're
really exiting the building at this point, because this is, really, too close to the other wing
here. So, they have remote exits and we really need to put an exit over here on the
other side of the dining halL And, then, of course, these exits here, which are kind of a
main entrance and exit from the rec room area here is not ADA accessible and some of
the existing ramps that are located up here at the front of the building are not ADA
accessible as well. Next. Okay. This is the toilet remodel. As you can see, we will
be putting in our ADA clearances there and it doesn't really increase the number of toilet
fixtures, however, it does provide all the code-related elements as far as clearances
next to these water closets and plumbing fixtures without the door swings there. Okay.
Next. And I'm just going to kind of go through -- passed these estimate sheets here
real quickly. Those are broken down in the handout sheet that is available there for
public scrutiny there, so -- we will just kind of go passed those in a hurry here. Okay.
Next. This is the kitchen remodel. Right now it's got this layered ceiling that's open
grid, it's not cleanable, we need to put in a whole new ceiling here that's scrubable and
cleanable, as well as new light fixtures that are health department approved. Next.
Okay. That's the estimate for the kitchen. Next. Okay. This -- again, this is where I
was talking about the entrance and exits out of the dining area, so next. And that's the
estimate for that work right there. Okay. This is the -- kind of the main entrance and
exit to the rec area. It needs to have an ADA ramp and landings on the outside of the
door there. We would be working with the Ada County Highway District for the license
agreements for these ramps. The right of way currently is right along this building wall
right here, really, these ramps would be built into the public right of way. Next. Okay.
That's the estimate for that work. Okay. This is the roof. Again, there is like three
layers of shingles in some of these areas and we really need to get the roof repaired, so
that we don't have water leaking in the facility. There is really quite a problem with
mold these days and we don't want to end up with that type of problem there at the
facility. Next. Okay. There is the estimate we have for the roof. Again, these are all
based on Davis Bacon wages and also contingencies built into these figures, because
of the fact that it is a federally -- partially so. Again, here -- this interior ramp that
comes from the rec room down into the dining hallway here, currently it's about three
feet long and with the Americans with Disabilities Act it would have to be much longer,
but I think the floor finish is about seven and a half inches between the two levels there.
And these doors would have to be worked out between the mechanical room and the
dining room, so this little bit of remodeling that has to go on with that to make that ramp
comply and get the proper handrails there. Okay. Next. And that's the amount of the
cost for that work there. These are the front ramps. Currently they are working fine,
people are getting in and out of these. This is currently a ramp here that comes down
off of the board room area and this is the ramp off the front entrance. However, there is
no level landing outside of this door here and the handrails currently do not comply.
The reason why this was put down on priority seven is because of the fact that it is
usable, they have been using it, it just doesn't comply with the letter of the law right now,
so that is why it's been moved down on the priority list. Next. And that's the cost for
Meridian City Council
February 24,2004
Page 18 of 88
those ramps there. And, again, this is the garage addition. Currently, they have a bus,
it does not fit in the current garage, they would need a garage addition that's much
taller, much wider door to house the bus and one of the things we'd like to do is
whenever there is funding reuse some of these doors -- we may have to go to a
variance to allow this garage to be built a little bit closer to the line and still be able to
get the bus in there, but those things are down the road a bit. Again, the garage --
currently it appears that there is not enough funding for the garage at this point in time.
So, anyway, thank you again and appreciate Council and Mayor's time. Thank you.
De Weerd: Thank you, Roger. Is there any questions for the architect? Okay. Is
there testimony that the public would like to offer? Is there anyone from the senior
center who would like to offer testimony? Gee, I know you're such a public speaker.
Altig: Yes, I am.
De Weerd: Could you state your name?
Altig: I'm Ken Altig and I am chairman in charge of applying for the grants for this project
and the project is at 133 -West Broadway, the Senior Center, and we appreciate the help
we have gotten from the city, the City Council, and the Mayor and we have a lot of
response from different businesses and individuals in the community, we have a stack
of letters of appreciation from them and recommendations for the grant and we are
open to any questions or any comments that people have about the facility. It is for
seniors, people over 60 years of age, primarily. We do have a lot of other people that
use the building and a lot of different organizations and agencies that do come into the
building at different times and use it and so we just want to bring the building up to
standards and to do some necessary repairs, such as the roof, and to bring it up to
standards for codes and the ADA. And this is primarily what we are after and we're just
seeking funds to do it. And thank you.
De Weerd: Well, Ken, I just appreciate the roll you have played in this. I know you have
put in a tremendous amount of time and energy and I'm really pleased to hear that you
are getting community support. The senior center has been self-reliant for a very many
years -- actually, decades, and they like that independent status and we appreciate that.
Certainly, the city wants to be a partner in this and if you have been down to the senior
center, there certainly is need and the community -- I'm glad to see they are responding
and being a partner with you. Is there anyone else in the audience who would like to
offer testimony in this Public Hearing?
Nielsen: I would just like to offer one more thing. Currently, the existing senior center is
about 9,800 square feet and with the amount of money that is planned to be spent for
this project if the application is approved, would be about 10.25 a square foot, which is
way less than the cost of new construction, which is way over 108 dollars a square foot
for a facility that is similar in size to this. So, it is really a good bargain and it solves
many of the life safety issues and it would be well worth it for this facility, so --
Meridian City Council
February 24, 2004
Page 19 of 88
De Weerd: Thank you, Roger. And in case you didn't catch that, they do serve over 400
meals a day out of their kitchen. They do offer -- the city does help support the van
service, but you do offer a very quality service to our residents and we appreciate what
you do.
Nary: Madam Mayor?
De Weerd: Mr, Nary.
Nary: I just had a question and I'm not -- and maybe it's my own ignorance of the
process for the grants, but I was just curious as to what the reason to have the priority
eight, the garage modification, since there isn't adequate funding to meet that need and
it isnlt really being asked to even be funded in this grant. I'm not sure why it's in there.
De Weerd: I believe that the board wanted to show how much need there really is in the
senior center and the project and --
Ingle: That's pretty much it. And the reason -- the way this block grant program works,
these are best guesstimates, you build in a contingency and you try and assume Davis
Bacon wage rates for the project, but if we put them in order of priority, if something
wonderful happened, prices go way down, you could do -- add alternates in your bid
and maybe still get to do that, but if I don't show that as part of the program, then, you
can't have that option. So, honestly, we know for sure, even with some price increases,
you could go down through the roof, priority five, with the foundation funding, but if
prices go ski rocketing like they did on some of the other projects this year, we might not
be able to do priority six, seven, and eight. So, we will bid those as alternates and even
the garage, if there is an economy that suggests that's a reasonable option.
Nary: And I know this is part of the Public Hearing. I did have some, I guess,
suggestions on the letter from the Mayor. There was some --
Ingle: Oh, that letter is just a draft.
Nary: Well, I -- so I have some suggestions for the draft. Should I give it to the clerk?
De Weerd: Yes.
Nary: Okay.
Ingle: It's just -- shows some ideas of what to include.
Nary: Great. Thank you.
De Weerd: Thank you, Pat. Okay. Is there anything else, Council? Okay. I would
entertain a motion to close the Public Hearing.
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February 24,2004
Page 20 of 88
Bird: No. No.
De Weerd: I'm sorry. So, we need to continue the Public Hearing until our next
meeting?
Bird: Yeah.
Ingle: Actually, the way that the hearing handout is stated is the hearing stays open until
March 2nd and if written comments are received between now and March 2nd, then, the
city clerk collects those and transmit them to Sage.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Do we need a motion on that or just -- she can continue it herself.
De Weerd: Continue the Public Hearing. And by continuing the Public Hearing, we will
open it -- it will be open for public comment by letter or testimony at our next meeting
before it is, then, closed. Okay. Mr. Bird, do you have a motion to continue this item?
Bird: So moved. Item No 12, Public Hearing for the Idaho Community Development
Block Grant, Meridian Senior Center, stay open until March 2nd, 2004.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to continue Item 12, Public Hearings
for the Meridian Senior Center to March 2nd, 2004. All those in favor say aye. All ayes.
Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 13:
Continued Public Hearing from November 5, 2003: AZ 03-018
Request for annexation and zoning of 43.86 +/- acres from RT to C-G
zones for Kissler I Cobbs I Eagy I Ruwe by BRS Architects - southwest
corner and southeast corner of North Eagle Road and East Ustick Road:
De Weerd: Okay. Item 13 is a continued Public Hearing from November 5th, 2003. On
AZ 03-018, Kissler, Cobbs, Eagy, Ruwe, and we will open with staff comments.
Powell: Madam Mayor, Members of the Council, this did come before you in November,
as you stated, and I will try and summarize some of the issues. Just clarifying the
persons involved is probably the first appropriate step. As the application submittal
reads, it includes four owners, Kissler, Cobbs, Eagy, Ruwe. Ruwe has this part at the
Meridian City Council
February 24,2004
Page 21 of 88
center and at your last hearing you may recall that there was some not unified thoughts
on what would occur on this property and I think part of that was Mr. Ruwe -- or Mr.
and Mrs. Ruwe--
Nichols: I believe that's the Eagy parcel.
Powell: Have I got it wrong? Eagy. Ruwels down here, then. 11m sorry. Thank you. So,
Eagy is not a part of this anymore. So, the annexation path will come through Carol
Subdivision, cross over Eagle Road and, then, come back to the Cobbs property. So, it
goes through Ruwe, over to the Kissler, and back to the Cobbs. And that was part of
the reason we continued the Public Hearing was we wanted to get a new legal
description. Two was to get a concept plan on the development of the property. Three
to renotice. And, then, there was one other item. You can't see it, but there was a tiny-
- well, not tiny -- there is a 60 foot strip of land in here that was kind of a surveying no
man's land. What they have done is they have gone through, Ada County Development
Services, and they have reapportioned that 60 foot strip of no man's land to the
adjoining property owners. So, Ruwe picked up a portion of it and, then, Eagy picked
up the remainder over here. They have completed all that work through Ada county and
that has been a large part of the wait in this application or the delay. As you may recall,
we are not looking at a development plan specifically, because that was not part of the
application. This is just an annexation request. There was quite a bit of discussion
about a concept plan and the owners -- you had a brief recess, the owners went out in
the lobby and they said that they would come forward with a concept plan and this is the
concept plan. There is kind of a transitional use. This is the residential in Carol sub.
This is kind of a transitional use at this location. Multi-family combination of retail office
in this location. The Kissler property would be primarily commercial, with a buffer of
office at the south, some sort of transitional use or a buffer and, actually, this application
is your next application. I'm going to include it in the concept plan discussion right now,
because it's part of the concept plan. And, then, again, some commercial office use
along Ustick Road. And this HI is kind of the high intensity commercial, which would
move from the Kissler in this corner over to the Cobbs on this. So, they have come up
with a concept plan with kind of the basic uses that they are proposing and, then, these
share the basic access points and their relationship of these properties to the
surrounding owners. Again, it was because Eagy dropped out. It was important to
understand how these properties were all going to relate to one another throughout
here. The development agreement does include quite a bit of discussion about the
Comprehensive Plan for this area, which is mixed use, it's not straight commercial, and
that is why you see the concept plan that has a mix of uses. Those Camp Plan policies,
they cover a wide range of transportation issues, as well as what would the appropriate
mix be given that Eagle Road is a state highway, that it's likely to attract a large amount
of users and specific references to those for some residential in this to kind of support
transit on Eagle Road. With that I think I'll end staffs presentation, other than the basic
issue was from staff's perspective it's not a matter of whether or not it meets the
findings, it's more of a question of the city policy, and so it's really before the Mayor and
Council as to whether this level of concept plan is sufficient for you to feel comfortable in
Meridian City Council
February 24. 2004
Page 22 of 88
the annexation of the property, along with the provisions we have tried to include in the
development agreement.
De Weerd: I guess, Anna, I would have a question as to with the discussions going on
right now about the Eagle corridor, what kind of feedback or input have we had from ITD
on this?
Powell: Well, given that there is so many property owners, I believe that they all have --
ITT so far -- ITD so far has been pretty good about allowing each individual property
owner at least one access point and I think as you see on the Ruwe and the Cobbs
property, they are just proposing one access each off of Eagle Road. Now, the Kissler
property does have two coming off of Eagle Road and I, unfortunately, did not attend
the Eagle Road discussions. Brad Hawkins-Clark did not mention anything specific in
relationship to this property to me. So, I'm not aware of their being an issue with regard
to the access points. Perhaps the applicant's representative might have an update on
that.
De Weerd: Okay. Council, any questions for staff? Okay. Is the applicant here?
If you will, please, state-your name and address and you were sworn in; correct? You
weren't here. Is the testimony you provide tonight the truth, the whole truth, and nothing
but the truth, so help you God?
Strite: Yes, it is.
De Weerd: Thank you. Please state your name and address.
Strite: Madam Mayor, Members of the Council, Silly Ray Strite, 1010 Allante, Boise,
Idaho. I'm here, once again, in behalf of the Kissler, Ruwe, Cobbs group, in support of
this application. Also here tonight is Mrs. Ruwe and also Eric Davis, who represents Mr.
Kissler on the east side of Eagle Road. As the staff has aptly noted, we finally got the
parcel line adjustment completed yesterday, February 23rd, so I think Mr. Nichols was
absolutely correct in his assumption that it may take more than the original assessment
of 30 days. Having said that, this parcel is now contiguous with the city and we do meet
all the criteria for annexation, as Anna has already noted, and, certainly, we have
garnered support from both the staff and the Planning and Zoning Commission, so
unless otherwise requested, I will limit my comments to condition number three, which,
in fact, was the concept plan. I think what we have attempted to do here is identify what
type of uses in a broad sense could be used at this corner, what the size of those
parcels may be in terms of acreages, we have addressed what the access criteria might
be, not only internally, but externally, and, most importantly, I think we have addressed
the transitional yard or uses to further protect any negative impacts, if you will, from
adjacent neighborhoods. With respect to the comments relative to ITD, I did, in fact, sit
down with ITD and, as staff has noted, each one of those property owners have actually
deeded accesses. In the case of Mr. Kissler, he has two deeded accesses. Mr. Ruwe
has two deeded accesses. Mr. Eagy has one deeded access. Mr. Cobbs has two
deeded accesses. So, what, essentially, you could have there is we have
Meridian City Council
February 24, 2004
Page 23 of 88
approximately six deeded accesses on the west side, two deeded accesses on the east
side. Our plan, in effect -- and certainly it's going to be totally up to what the decision of
ITD will be, but our plan here conceptually is combine these access points, so that we
are able to limit the amount of access to Eagle Road and at the same time we have
attempted to locate them in approximately the same areas as the deed accesses, as far
as we could find on the deeds were located. Those access points, as you might notice,
are from the southerly point of the Eagy parcel onto Kissler and at the southerly tip of
the Cobbs parcel to the Kissler parcel. Internally, at this particular point in time, since
we no longer have Mr. Eagy as part of our group in the annexation process, we have
stated, as you will see there, that these are conceptual access points, the idea being
until such time as we have another player, we are not going to be able to agree --
certainly we would agree, but we are not going to be able to force access onto those
parcels which are not a part. That also includes the southerly parcel, 50 acres to the
south, but it is our hopes that it ultimately, with a plan such as you see before you, that
the accesses can be agreed to in the long term and, basically, as plans come before
you, hopefully not in a piecemeal format, but in a concerted effort to be cohesive, that
each one of these access points, not necessarily in that exact location, will allow cross-
access from parcel to parcel and at the same time limit the amount of access points that
we are going to get onto Eagle Road. As far as Ada County Highway District, we
presently have three access points delineated there, all three of which meets their
existing policy manual. The two to the east are all access movements, the one to the
west is also full access movement. So, having said that, I think the thing that I would
like to speak to next is the development agreement. Certainly we have no opposition to
the development agreement. I, quite frankly, think it's a little duplicative, as I have
stated before, because we have all agreed that we are going to come back on any and
all uses as conditional use on any and all parcels in the annexation. As the staff has
requested, the development agreement solely addresses the westerly side, so the
easterly side is not part of the development agreement, but I think that I would suggest
and I would ask for your consideration that in making a motion, maybe condition number
three might limit the development agreement, if, in fact, you are agreeable to this level
of concept development. That the development plan, as limited to the westerly side,
also be limited in its scope, such that maybe only uses are defined and any reference to
future conditional uses could be by virtue of this concept plan. And with that I would
open it up for questions. I think we have been through this more than I'm sure you'd like
and you have heard this discussion before, with the exception of Councilman Wardle,
more than once, so I would open it for questions and perhaps we can get the
conversation started.
De Weerd: Council?
Bird: I have no questions.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Meridian City Council
February 24, 2004
Page 24 of 88
Nary: Mr. Strite, I recognize this is just a concept plan, but I guess part of the reason we
asked for it or -- and wanted to see something like that was to at least get a flavor of
what we are looking at and if I understood what Mrs. Powell said, it's the entire site, both
sides of the road are mixed use zones; is that right?
Strite: Madam Mayor, Councilman Nary, that's correct.
Nary: Okay. And so the intent on the east side is that office space on the southern
portion and the portion along Ustick having basically commercial and office, is where
the mix of the use is going to come from, because it appears it would be one large site
of commercial there.
Strite: Madam Mayor, Councilman Nary, that's correct. It also ties into the -- we are
attempting to get an agreement with that parcel to the south that's been recently
annexed, which, in effect, is residential on the east side and the frontage property, I
believe, was deemed commercial, but the rear of that property was deemed residential.
Hence, we are attempting to suggest that not only can you access the commercial, the
office orientation, but you can also access the residential sector that is on the east side
of that parcel to the south.
Nary: Isn't that Redfeather?
Strite: That's correct.
Nary: Okay. We, actually, turned that down. We have reset it to hearing again, but we
haven't approved it.
Strite: Madam Mayor, Councilman Nary, I still think the concept is valid.
Nary: Okay.
Strite: In other words, relative to your question as to mixed use, I think that does add in
the mix the nature of the staff's request, if -- I think the -- I think the Comprehensive Plan
states if it's appropriate residential use shall be encouraged. Well, in this we have
residential use potentially, as does the parcel to the northwest. That is recently. I think
that's Stonehenge or Stonebridge or one of those that also has residential to it. So, I
think that the mix is there in concept and that's what we are trying to provide here.
Nary: Just to follow up, too, I guess, Mr. Strite, 11m a little concerned with high intensity
uses on a corner, just because of access issues that we seem to see all the time. 11m
not sure that it's really something that's a major need to address for an annexation
application. You said those are just conceptual ideas as to the access points across
Eagle Road. I guess I have a concern in having cross-access all the way across a 55
mile an hour highway as people trying to cross all the way across Eagle, rather than
having offset entrances on both sides.
Meridian City Council
February 24, 2004
Page 25 of 88
Strite: Madam Mayor, Councilman Nary, if I might, I don't think that you're going to find
that cross-access is going to be available east to west. I think a good point in hand is
the recent Krispy Kreme approval where a divider was put in there and had right-in,
right-out only. We are anticipating that. However, in sitting down with ITD and sitting
down with Ada County Highway District, it was their preference that we at least
attempted to align these based on the existing deeds that we could run on down and,
quite frankly, the ones I could find were primarily associated with the Kissler property,
so I aligned those and one of them actually lines up quite closely to Mrs. Ruwe's
property. But that was at the suggestion of lTD.
Nary: And the last thing I have is -- and I don't know that you really have an answer for
it, but I know we have frowned in general upon annexations that create enclaves and
although I know you may not -- I don't know that you have a better answer for it, but
certainly this is creating that enclave of that middle parcel and I don't know that there is
a better answer to it, but I know we have frowned upon it. I didn't know if you had a
comment about it.
Strite: Madam Mayor, Councilman Nary, I could have a lot of comments, but I think they
probably would not be suited here. It's unfortunate that Mr. Eagy is not a part, because
I think that the whole thing fell together quite well, but I can understand his position. I
think at the time he was -- as you recall he testified and I think you and Councilman Bird
made some excellent points. He was concerned over the detail of the concept plan. He
wants to have total flexibility. What I tried to explain to him -- and I think, quite frankly,
if, in fact, this concept plan is adopted by this Council, becomes part of the development
agreement for that west side, there is going to be some situations where he has, in fact,
found himself in a position of being limited. Not to a great deal, but I think it's obvious
and I think it's quite probable that he's going to come back now and say, geez, you
know, maybe I should have been a part of this, because I would have an opportunity to
maybe reassess how these accesses points go. That's not to say that's not going to
happen, because each -- and I know you're getting tired of hearing this, but each and
every use is coming back here as a conditional use. The neighbors have the
opportunity, the Council has the opportunity, the staff, the Planning and Zoning
Commission, and Mr. Eagy will have an opportunity to address those. It's unfortunate
and I thought, quite frankly -- and I will suggest to you before tonight that it won't happen
again, I thought perhaps if I could put all these people together and come in one
concerted effort that it would be of benefit to all and, obviously, I was mistaken.
Nary: Thank you.
De Weerd: Any further questions?
Bird: I have none.
De Weerd: Okay. Thank you.
Strite: Thank you.
Meridian City Council
February 24, 2004
Page 26 of 88
De Weerd: Is there anyone else who would like to issue testimony on this item? Sir.
Had you raised your right hand --
Eagy: No, I have not.
De Weerd: Okay.
Eagy: My name is Greg Eagy, as Mr. Strite was just talking about.
De Weerd: Okay. Were you sworn in with the group?
Eagy: No, I was not.
De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and
nothing but the truth, so help you God?
Eagy: Yes.
De Weerd: Thank you.
Eagy: Okay. My name is Greg Eagy and lawn the property at 3055 North Eagle Road.
I just wanted to address, after listening to Mr. Strite, the reason that I dropped out of this
to begin with was that I was asked to be brought into this to help the contiguous person
in the annexation for Mr. Kissler across the road, not realizing that there was going to be
a situation here where we had to show roads and dividing up the property and showing
future planning for the property, et cetera. Maybe I wasn't bright enough to know that
that's what happened and it went this far. So, I apologize if I caused Mr. Strite any grief
for dropping out of it, but, at the same time, I mean you're looking at our property that's
two parcels, three parcels right there that are out of this -- I mean we got one, two,
three, four access points that are going through the middle our parcel and I ask you
where do we put a building or where do we put our property if that's shown for future
that that's four different access points coming through that little piece of property. Okay.
And all I'm saying is I would ask that the Council doesn't put definitive access points at
this point in time that are hard and gospel, that are four of them, so that's the only
testimony I would give.
De Weerd: Okay. Thank you, Mr. Eagy. Sir? Please -- I have already sworn you in;
correct?
Grant: A couple times.
De Weerd: A couple of times? That's pretty good.
Grant: From previous -- we have been doing this for six months, so --
Meridian City Council
February 24, 2004
Page 27 of 88
De Weerd: If you will state your name and address.
Grant: Anyway, my name is Steve Grant. I live at 1534 Leslie Way, just to the west of
the property there. I just -- myself and other neighbors -- David Thurston is normally
here and he's out of the country on business and I think he is -- certainly we are in
concert with the comments that we would make, but none of us are opposed to
commercial development of this property. We have just been concerned all along that it
not be done on a piecemeal basis and that we think the city has a vested interest in
seeing that this whole area is developed in kind of a consistent manner and not, again,
on a piecemeal basis. I think because of that, this being a major portal from the east to
the City of Meridian, that's a big issue for the city, as some have stated in the past. Last
fall the Planning and Zoning recommended the applicants present a development plan
and in the five or six months since that hearing -- this hearing has been opened, in my
mind, anyway, there hasn't been that much -- Ws still pretty broad. Mr. Nary, quoting
you from the meeting on the 14th of October: Until we see a plan, the city doesn't know
what it's getting into. Mayor de Weerd, you added that without a plan annexation
doesn't give the city anything. And I'm just still not comfortable if there is a plan that is
comprehensive enough and with enough detail to give us a feel of what that's going to
look like. I'm also concerned that the parcel to the south -- I think it's 14 or 15 acres, it's
not a part of this recommendation, is an integral part of whatever is going to occur on
this southwest corner piece of this. It's just something that is not a part and it's going to
have to eventually, so I don't know what the property owners -- I don't know what we
gain by approving this annexation request without -- without that piece and without this
Comprehensive Plan with a little more detail than has been presented. All of the
property owners that I have talked to on the west side would not be in favor of multi-
family residential, especially where it's located there. That goes from low density
housing to pretty high density in a hurry. A 30 foot berm is not much of a barrier for that
and every one of us, when this does come back, eventually will -- would be very
concerned about that, where it's located. I think that's about all the testimony I have.
We just have concerns, would like to see more of a development plan than has been
presented and would ask you to reconsider this until such time as that comes forward in
a little more detail, as I have indicated. Do you have any questions of me or perhaps
any others that may want to testify?
De Weerd: Council, any questions?
Bird: I have none.
Grant: If not, thank you for your time.
De Weerd: Thank you very much.
Lau: My name is Jim Lau, I live at 1406 North Leslie Road, just to the south of this.
Nary: Could you spell your last name?
Meridian City Council
February 24, 2004
Page 28 of 88
Lau: L-a-u. I have also attended several meetings here, probably this is the fifth or sixth
meeting, although it's the first time I have addressed the Council, we, really, up to this
point I don't think had sufficient information to respond to, but I think we do now and, to
me, this application is a prime example of why, as a society and as a community, we
have elected to govern ourselves with things such as planning and zoning and councils
and long-term plans. The City of Meridian has adopted, you know, what I feel is an
excellent, well thought out, carefully planned Comprehensive Plan and I'd just like to
refer to a couple sections in here very briefly the way that I read this and that [
understand it. First of all, on page 95 it defines a low density area as three units -- three
dwelling units or less per acre, whereas there is also medium density and high density,
high density is developed of multi-family homes, which might include duplexes,
apartment buildings, townhouses, and other multi-unit structures. Page 100 of the
same plan talks about in residential areas, other residential densities will be considered
without requiring a Comprehensive Plan amendment. However, the density can only be
changed by one step, that is from low to medium or medium to high. On page 98 of this
document it talks about when a project is developed adjacent to low or medium density
residential uses, a transitional use is encouraged. And, finally, on page 91 it talks about
high density housing must be strategically located to public transportation, community
services, and not negatively affect property values. Clearly, anything that is done
zoning wise, annex wise, to this proposal will favorably impact the person who owns this
property and I think the question is what will the impact be on the surrounding
neighborhood. We -- several of the neighbors attended a brief meeting in Mrs. Ruwe's
home where she presented to us some additional information, which, perhaps, hasn't
been presented to Councilor Planning and Zoning, where she's actually showed us that
in the multi-family area of the proposal is for 17 four-plex units, including five units to the
western border, five buildings, plus parking lots, would be adjacent to three of the
existing home sites. Altogether 17 units -- or 17 four-plexes for the 68 units. Just, I
guess, a couple personal observations as well and I will try to be brief on this. As was
already mentioned here, this whole area to me -- not only these sections, but the
section, again, to the south of it, which will become landlocked with this if it -- it just cries
out for some type of overall development plan. It is -- as was pointed out, it's going to
be the gateway to the north and to the east and without some overall planning, this
could easily become like a patchwork quilt, without a lot of logic to these different areas.
The Eagle Road access has been discussed over and over and I don't need to go
through that again, but to put 68 units back here in the multi-family area, then, with the
potential, really, of a hundred or more to the south of this, because certainly whatever is
done here will be precedent for the parcel of land to the south, that access, whether it's
Eagle Road or even Ustick, is going to be questionable. I think I'll close with that. I
would ask the Council to reject this application in its current condition and -- until the
applicant has come back with a plan that I believe is more in compliance with the -- with
the intent and the -- intent and good faith compliance with the Comprehensive Plan that
was put together by the city.
De Weerd: Thank you.
Lau: Thank you.
Meridian City Council
February 24, 2004
Page 29 of 88
De Weerd: Council, do you have any questions? Thank you.
Davis: Madam Mayor, Members of the City Council --
De Weerd: Please state your name and address.
Davis: Eric Davis, 602 Sandstone in Boise. And I was in the hall when you swore in.
De Weerd: I saw you.
Davis: I just wanted to sayan behalf of the Kissler parcel that, you know, I -- we think
this is a responsible way to move forward given what we have on information available.
It's a one-step-at-time approach. We are here asking for -- to be a part -- made a part of
Meridian city where, you know, we are not in any city right now, with a zoning that is
broad enough that would accept, probably, the uses that will match the Comprehensive
Plan mixed use and this has been a long long time and to start over again why it would
be -- lose the -- any kind of market driven sense that there is out there. Just -- you
know, this is the point at which we start to represent that we can talk to each other and
communicate and we have -- Bill Strite has done a great job listening to staff and they
have exchanged thoughts and to the best of our ability is reflected in that plan. Those
accesses are talked -- are labeled conditional access where the applicant is willing to
allow cross-access between properties and the connections subject to agreements with
the neighbors and the jurisdiction, fully aware that ITD has -- and ACHD have a long list
of rules and fully aware that the forces all over will be doing a development plan and an
agreement and probably a traffic study based on trip generation and go the whole way
through the conditional use process and to be -- have it be subject to full analysis by
everybody all over again. So, I think that just one step at a time, this being the first
significant step to get something going and realizing that there is a long path ahead.
De Weerd: Thank you. Is there any questions? Thank you. Okay. Is there any further
testimony?
Powell: Madam Mayor, I did want to -- one of the gentlemen before Mr. Davis spoke of
precedent and I just -- for the benefit of Mr. Wardle, who wasn't on at the original
hearing, there -- this is -- everyone is very much interested in what you say tonight.
There is an application that will come before you soon to the property just to the north
on the west side of Eagle Road and the applicant's representative to the north on the
east side of Eagle Road is -- made some initial contact and just decided to wait and see
what happened here before moving on. So, just so you're aware, that you are being
looked at today very closely and I just didn't know if Councilmember Wardle is aware of
all the applications coming in at this -- at this intersection. Thank you.
De Weerd: Anna, has there been any concerted effort to maybe pull all four corners,
the property owners, and have some dialogue for an overall vision for connectivity and
how these four corners can compliment each other?
Meridian City Council
February 24, 2004
Page 30 of 88
Powell: We have not and in some ways Eagle Road is such a huge barrier, I'm not sure
that there is much opportunity for them to work with one another. I guess we have just
been focusing on how they relate to the properties nearest them and this one, because
it was the two corners, they were already working together. The Blue Marlin corner has
pretty much kind of wanted to do it their way, so that we haven't had a lot of discussion,
no. Would you like us to do something, Madam Mayor?
De Weerd: Well, certainly that's Council's decision. I was just asking.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Is this hearing we are having right now, is it only on Item 13 or did we open it on
14 as well?
De Weerd: Item 13.
Nary: Because I believe there was some testimony from Mr. Strite or maybe Mrs.
Powell about the other parcel. 11m only going to ask, because it was brought up, but
there is -- what's recommended is the development agreement just for parcels on the
west side of Eagle Road, correct, and not for the east side?
Powell: Yes, sir. And the concern -- I guess the staff thoughts when it first went
through were that -- particularly because of the separate ownerships on the east side
that it was crucial to have some sort of concept plan and in the mix of uses kind of __
because they took care of more of the mix of uses, the larger parcel was allowed to not
be part of the development agreement, although they did agree to the condition __
requirement for conditional use as they came through.
Nary: On the east side?
Powell: I believe it's on both sides. So, to make a requirement, I think they still have to
be part of the development agreement and -- I believe Mr. Strite's ready to answer that
question.
Nary: Mr. Strite is going to answer that. That's why he walked up.
De Weerd: Mr. Strite.
Strite: Madam Mayor, Councilman Nary, that parcel which was referred to as the Dealy
parcel just due east of Mr. Kissler's parcel, is now owned by Mr. Kissler and, thus, we
assume that that would, then, be acted upon at the same time. However, as I
understand it, that's going to be acted separately. But I think, if I'm understanding the
context of your question, that, in fact, does belong to Mr. Kissler, so it's a single parcel,
Meridian City Council
February 24, 2004
Page 31 of 88
as opposed to the west side where we have three different parcels and that's why the
staff had recommended that the development agreement was not necessary on the east
side, in fact, only on the west side. If that makes sense.
Nary: Right. But is there a conditional use requirement for the uses on the east side?
Strite: Madam Mayor, Councilman Nary, there is a conditional use required for any and
all uses for all the parcels being annexed and the Dealy application that follows.
Nary: Okay. Thank you.
De Weerd: Thank you. Would you like to provide your response to the testimony we
received?
Strite: Madam Mayor, I have little response. I think that both those in opposition --
well, actually, I guess, Mr. Grant was in opposition, but I think they should have
concerns, but I guess I have to agree with Mr. Davis that we have to start somewhere
and by virtue of the vehicle that you have put together with the conditional use process,
it seems clear to me -- "and I go through it -- not nearly as much as you do, but I go
through it a lot and I think that we have to rely on a Comprehensive Plan and that's why
we have that process in order. Therefore, it seems to be appropriate that if any and all
the uses that are put before this -- on this parcel before this Commission or before the
Planning and Zoning Commission, the neighbors have that opportunity. I think you get
the opportunity to look at connectivity. I think Mr. Eagy makes a good point and it
certainly was not suggested that those access point are defined definitively. We are not
trying to suggest that they have to be at one location or the other. All we are suggesting
is that for good planning and as suggested by the staff, we do have connectivity and it's
our intent, ultimately, as Mr. Lau made reference to, to include that parcel to the south,
because there is going to be some limited access, not necessarily -- at this point I'm not
sure what's agreed with that southerly parcel, but they are going to have some
limitations to accessibility. Therefore, we provide conditional access such that we can
combine all these parcels and I think not in a haphazard way, but in a collective way to
make a concurrent plan that everybody can agree upon and, ultimately, have the same
desires and end result and so with that I will end my presentation.
De Weerd: Thank you. Any questions? Okay. Thank you.
Strite: Thank you.
De Weerd: Mr. Wardle.
Wardle: Madam Mayor, I'd just like to open this up in the public hearing for everyone's
benefit, including mine, which I was not available at the other hearings. It appears to
me that what we are talking about is the former application came in with the blanket
commercial zoning and my question of this Council and the people that heard the
hearings before, this certainly isn't to the level that we have seen other developments,
Meridian City Council
February 24. 2004
Page 32 of 88
but this is enough to get us rolling and so that's the question that I have of the people up
here and their thoughts about this new plan.
De Weerd: And those would be the questions that you would answer.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I guess to maybe answer Councilman Wardle's question, we did ask for a
concept plan. This is kind of it. I mean it's not really a concept plan to any degree, but I
guess what I'm trying to balance here is normally when we see applications, we see
annexations, preliminary plats, conditional use permits, we see the whole -- the whole
project before us and so they do show us what's generally intended and we have went
back and forth with a number of different developers on Fairview Lakes or Silverstone
where it's a very liquid plan and it changes constantly and we have to sort of keep track
of the number of changes and I think Mrs. Powell and her staff really work very hard to
try to keep track of those things. But here all we are being asked is to annex some
property, so that they can be a part of the city, they can pay city taxes, they can be
considered in the city limits and all they have asked is to be zoned to what we already
said it should be for that spot. They haven't asked to do anything with it, they haven't
asked to build anything on it, they haven't asked to do anything, other than become part
of the city. We already had decided by the Comprehensive Plan -- and I think the
gentleman that testified understood that -- that we made a decision when we passed
this as to what we thought the type of development for that location should be. We
didn't say what it had to be, we didn't say that it was offices or apartments or retail
stores or whatever, we didn't say specifically what, we just said something like that.
That's all they have asked. The reason I ask the question of Mr. Strite and Mrs. Powell
was are we going to see that again, so that the neighbors know what is going to be
there and we get to see what -- when they decide what they want to do with it, when
they decide if they want offices, multi-family residential, I don't know what high intensity
development is, we don't have a zone for that, commercial, office, whatever, then, we
are going to see it. And someone is going to get notice and we will have a hearing and
they have chosen rather than to bring us the whole concept now, to have to have
hearing after hearing after hearing, so that we could approve it, they have opted instead
to say make us part of your city now and we will come back for hearing, after hearing,
after hearing to tell you what we want to do every time we want to do something. I
mean I think you get one or the other and, generally, you get to pick from either option
and this developer has chosen that second option to bring those back to tell us what
they are going to do each step of the way. I don't have a big concern with that and
that's what -- I mean that's their choice. It's a cumbersome process for them, it can be
cumbersome for the staff, it can take a lot of time and effort, but if they don't know what
they want to do now, it doesn't make -- it doesnlt really seem reasonable to me to tell
these folks they can't be a part of the city, because they haven't bought the middle piece
and because they haven't decided whether it's a Target or a C Store on the corner. I
mean we don't know what they want to do, they don't know what they want to do yet. I
Meridian City Council
February 24, 2004
Page 33 of 88
don't know that there is any reason to deny it just because at some point they are going
to do something, because we will get the chance to see that. So, I guess -- I don't know
if that helps answer the question you had, Councilman Wardle, but I think that's what we
have wrestled with is normally you get one or the other and this happens to be the one
we don't see as often, people saying just let us be part of the city, we will take the zone
you have already- decided, and that's all we want and we will figure it out, because it
does make more sense, as was testified to, that the connectivity be decided and the
type of development be decided, but they don't have to decide all that today just to be
annexed I when they are not asking for any other special consideration, other than to be
annexed in for the zone we decided it to be and that's it, so I don't know if that helps or -
Powell: Councilmembers, Madam Mayor, I did have a chance to check the conditions
of approval, so as they sit right now, these -- since they are part of the development
agreement that would include a requirement that each use come in for a Conditional
Use Permit, the Kissler property, which goes around like this, is not included in the
development agreement, therefore, we couldn't make that a requirement. If they
proposed a single principal permitted use on that property, then, that would not come
before you again. There is, however -- and, again, this is the next hearing, but the other
Kissler property does have the requirement for the development agreement.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: And, again, I know that's the next parcel, but, then -- or the next hearing, but that
other piece on the east side is a mixed use parcel.
Powell: Correct.
Nary: Okay. Thank you.
De Weerd: I would just add something for Mr. Wardle's information, is it hasnlt
happened very often, because we have discouraged it and staff has discouraged
applicants to come in without a plat and that's why we don't see it very often, is a
development agreement and annexation is an opportunity for us to see if -- before we
bring something into the city limits, it's going to be of benefit and value to the community
by bringing it in. We don't just bring it in to get taxes off that piece of property. So, I
guess traditionally we have not looked at this. Now, with business land, there needs to
be a certain level of flexibility in that, but I'm not sure when it's surrounded by residential
or when it has a residential component if the annexation should come separate from the
plat and that's always something that we have struggled with and that's probably why
staff comment has been -- you know, it hasn't happened very often and that has been
for a reason. I know that staff has been very diligent in discouraging those coming __
and so has the Planning and Zoning Commission. Just more information. So, Council,
what would you like to do?
Meridian City Council
February 24. 2004
Page 34 of 88
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: The first thing we need to do is close the Public Hearing and I move that we close
the Public Hearing on Item No. 13.
Grant: Excuse me. Could I clarify just one thing. Mr. Strite described my testimony as
being -- not being opposed. It certainly is opposed.
De Weerd: Okay. I'm sorry, just -- just to clarify it doesn't. We understand what you __
so I do have a motion.
Wardle: Second.
De Weerd: It's been moved and second to close the Public Hearing on Item 13. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I don't have a discussion, I do have a question for Mr. Nichols. Eagy is still listed
on the application, but when we make our motion that name should be left out, shouldn't
it, as it's no longer part of it?
Nichols: Madam Mayor, Members of the Council, that would be correct. And I believe
that the application legal description has already been amended to exclude the Eagy
parcel.
Bird: Thank you.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I do have some further discussion and appreciate all the comments from the
public testimony and I agree with Mr. Nary in the sense that we get to see this
application over and over -- or, 11m sorry, this property over and over and allow for a lot
of public testimony. I do feel that the City of Meridian is changing the way it does -- it
approves some of these projects mostly because they are new commercial business
projects and I think itls important for us to find an avenue to do that with some controls
and, then, also place the public testimony component in there, so that people have an
Meridian City Council
February 24, 2004
Page 35 of 88
opportunity to make those decisions about what goes on in their community and so I
appreciate all that testimony and --
De Weerd: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Before I make a motion I'd like to make one statement. I agree with what Mr. Nary
said during the Public Hearing. I, for one, can't see -- I, for one, hate CUPs. This is one
way we control this and we are basically just annexing the property, we are not giving
any go ahead on anything or any designs, so with that said I would move that we
approve AZ 03-018, the annexation and zoning of Kissler, Cobb, and Ruwe parcels and
to take condition number three as per applicant's statement.
Wardle: Second.
De Weerd: Okay. It's been moved and seconded to approve AZ 03-018 and it looks
like we have discussion.
Nichols: Madam Mayor, Members of the Council, when you say per the applicant's
comment on item three, could you clarify that for me, please, so that we get the findings
correct?
Bird: It was on the --
De Weerd: It's on the conceptual plan.
Bird: -- on the conceptual plan and the limit of it.
Nichols: That would be conditional uses would be required for all uses as shown on the
conceptual plan.
Bird: That's right.
Nichols: Okay. Thank you.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I guess for technicality sake, this approval is only conditioned upon the next one,
because that top parcel or the portion in the corner isn't contiguous to the city unless we
approve the other one. So, it doesn't - timing-wise it doesn't make any difference to
Meridian City Council
February 24, 2004
Page 36 of 88
me, but certainly we would have to reconsider it, if, for some reason, on the next item
we didn't approve it.
Bird: You're right.
Powell: Madam Mayor, Council member Nary, it's vice-versa. The next one is
contingent upon this one being annexed.
Nary: But isn't the top corner of the -- I don't have the --
Powell: The annexation path comes through Carol Subdivision --
Nary: But this piece isn't annexable until we annex this piece.
Bird: That's Kissler. This is the one we are annexing.
Nary: This is part of Kissler. Okay. I'm sorry.
Bird: We are annexing _:.
Nary: I got it. I'm sorry. Then we are good.
De Weerd: Okay. Any further discussion? Okay. The motion was to approve Item 13.
Mr. Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 14:
Continued Public Hearing from November 5, 2003: AZ 03-022
Request for annexation and zoning of 5 acres from RT to C-G zones for
Kissler (Dealy Parcel) by BRS Architects - southeast corner of East
Ustick Road and North Eagle Road:
De Weerd: Okay. Item 14 is a continued Public Hearing for November 5th, AZ 03-022,
for the Kissler property. Staff.
Powell: Madam Mayor, Members of the Council, this is the outline of the five acre piece
adjoining the Kissler property we just discussed. I'll end staff's presentation there, other
than to say that the same development agreement that was on the eastern half of the __
no, I'm sorry, the western half of the prior application applies to this five acre piece. I
think staff's intent was because this became the buffer between the larger commercial
use and the residential uses further to the east, that the development agreement was
appropriate.
De Weerd: Okay. Anna could you--
Meridian City Council
February 24. 2004
Page 37 of 88
Powell: Did that confuse you?
De Weerd: -- clarify that?
Powell: At the time we were looking at the action that you just took on the previous
application, the Kissler property, we knew that Mr. Kissler owned this five acre piece.
This five acre piece is the one that becomes the buffer to the other residential uses, so
even though previous action did not put the development agreement on the Kissler
property, because this one provided that transition from the larger Kissler property to the
adjoining residences, we did request a development agreement on this portion.
De Weerd: As well. And similar to the development agreement in the previous
application?
Powell: Yes. Although perhaps I wasn't clear. I tried to be clear. The Kissler property,
the large property on the last one, the development agreement did not extend to that
property.
Nary: Is that this piece?
Powell: Correct. This concept plan would still apply to it, but --
De Weerd: So, the development agreement does not apply to the southeast corner and
so any permitted use would be allowed without any Public Hearing?
Powell: Correct.
De Weerd: Okay.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Doesn't the recommendation I'm reading here say there is a development
agreement and it's this entire parcel, not to a portion of the parcel? I'm looking at three.
Prior to the annexation ordinance approval a development agreement shall be entered
into between the city and the property owner and this is the Kissler -- what was formerly
called the Kissler-Dealy parcel.
Powell: That's the KIssler-Dealy parcel.
De Weerd: The long skinny one. So, do we have a misunderstanding?
Nary: Well, I don't know. I guess -- can we go back to that last picture?
Meridian City Council
February 24, 2004
Page 38 of 88
Powell: That one?
Nary: No. The one from -- that one 72. So, all this parcel that we are talking about for
Item 14 is this piece here and this piece here?
Powell: Just the first this piece here, sir.
Bird: The first one, Bill.
Nary: This one here. And all of this stuff was part of the other one --
Powell: Correct.
Nary: -- of item 13.
Powell: Correct. As outlined there.
Nary: And the development agreement is only dealing with this portion and this portion
on the west side of Eagle Road and not this portion.
Powell: Correct.
Nary: And so if we wanted that to be all conditional use requirement, we would have to
back up and add that condition to that annexation --
Powell: Correct.
Nary: -- as part of that development agreement.
Powell: Correct.
Nary: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I thought in the applicant's testimony that condition number three he was -- he
clarified that they would all be -- all parcels would be CUP required. Am I not right?
De Weerd: I think we will have to ask the applicant.
Bird: I'm WIth you, Mayor.
Powell: If that is the intent, I believe that the only way that we can require that is to
have that be in the development agreement as well.
Meridian City Council
February 24, 2004
Page 39 of 88
De Weerd: A specific condition stated.
Powell: Yes.
De Weerd: Any other questions for staff at this point?
Powell: I apologize for not making that clearer last time.
De Weerd: Mr. Nichols.
Powell: Madam Mayor, I see Mr. Strite standing and ready to address you on the issue
and anticipate he may tell you that it's okay to put a development agreement on the
other parcel as well. And that, if so, you could simply go back, address the motion
again, clarify that issue, but he needs to speak to you on that.
De Weerd: Okay. Thank you, Mr. Nichols. Mr. Strite. If you will, again, state your
name and address.
Bird: Madam Mayor, Members of the Council, Billy Ray Strite, 1010 Allante, Boise. I'm
here on behalf Mr. Kissler, who does, in fact, own the Dealy parceL The only reason
that I made the comment relative to my understanding of the development agreement
was based on the conditions that were applied on sheet -- or item number three of the
conditions where, in fact, it refers to -- in the last sentence that this would be west -- the
parcels on the west side of Eagle Road only. We have absolutely no problem with
adding a condition for a development agreement on the easterly side, including both the
Kissler and as originally submitted and the Kissler-Dealy parcel as is before you tonight.
And I apologize, it was my understanding from this staff report that the development
agreement was only for those westerly parcels. We do not have opposition to including
the development agreement to the easterly side in its total. With that, I have no other
comments.
Nary: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: That's what your testimony was on the original, wasn't it, Mr. Strite, that you had
no problem with a development agreement?
Strite: Madam Mayor, Councilman Bird, my original testimony made reference to the
fact that we had no problem with a conditional use on anything that was being annexed
tonight in its total. The question was because of item number three there was not a
development agreement necessary for the easterly. Unless, in fact, it's the staff's
Meridian City Council
February 24, 2004
Page 40 of 88
request to include that, because of the adjacency to residential uses now on the
easterly side, we are prepared to do so.
De Weerd: I think it's Council's. Thank you.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I guess to make this muddier than -- I mean I'm reading the ones from the one we
just approved and it says that the development agreement is to all the parcels in the
boundaries of this annexation, which includes that piece. And the only part regarding
the western portion is that a master plan demonstrating interconnectivity, transitional
uses, access points, and other key land use -- or land planning issues is required prior
to any CUP for any of the six parcels on the west side. So, I think the language already
said this was part of the development agreement and that's what I thought we were
doing. So, I mean we can clarify that, but as long as you're all -- if you're in agreement
with it, that's what we thought we were doing, that's what I think was said already, I think
we will clear that up, but we can deal with that one little piece and be done. I think we
are --
Strite: My apologies.
Nary: No. I think the language is here, Mr. Strite.
Strite: Thank you.
Nary: So, thank you.
De Weerd: Thank you. Okay. Mr. Davis? Is there anyone else who would like to issue
testimony on this item?
Powell: Madam Mayor, false alarm. I'm sorry. I keep on thinking there is four owners,
because there is six properties over on the west. youtre completely right. I'm sorry.
De Weerd: Thank you. We won't be too hard on you.
Powell: Thank you.
De Weerd: Okay. We have an open Public Hearing. Is there any further testimony?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close Item No. 14, AZ 03-022.
Meridian City Council
February 24. 2004
Page 41 of 88
Wardle: Second.
De Weerd: Okay. It's been moved and seconded to close Item 14, AZ 03-022. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve AZ 03-022, annexation for the Kissler-Dealy parcel and
incorporate staff and applicant testimony.
Wardle: Second.
Nary: Second.
De Weerd: It's been moved and seconded twice to approve Item 14, AZ 03-022. Mr.
Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 15:
Public Hearing: VAR 04-001 Request for a Variance to ordinance MCC
11-9-1 height restrictions in a C-G zone for Silverstone Corporate
Center & Business Center by Sundance Investments - southeast corner
of East Overland Road and South Eagle Road:
De Weerd: Item 15 is Public Hearing VAR 04-001, variance request for Silverstone
Corporate Center and Business Center. I'll open the Public Hearing with staff
comments.
Powell: Madam Mayor, Members of the Council, are you sure you want to let me stay
up here after that last one? I don't know. Anyway, the variance application before you
tonight -- at the time staff did the application we had very little detail, so the applicant
can provide you more details and I will hit on them, but the staff report seems to not be
based on much, because we didnlt have much at that time. In general, the variance is
for the property outlined here, which is all of the Silverstone Business Campus as has
been before you before previously. The height limit in that area for the C-G zone is 40
feet. The applicants are requesting 60 feet. What we didn't have at the time we wrote
the staff report was an idea of where the building would be, what it would look like. We
had none of that information. So, we do have that now. This is -- these are the
elevations of the 60 foot high -- or the applicant's architect is here tonight and he can tell
Meridian City Council
February 24, 2004
Page 42 of 88
you exactly how high it is, but this -- these are the elevations now that we have been
provided and I also have a site plan if you would give me just a moment. This is the site
plan. The two buildings are located -- there we go. There is our roads, the heavy black
line, and, then, these would be the location of the building. Originally, they had intended
to do it in one -- or two phases. Their thoughts now are that it will be done in one
phase. So, the whole structure would come at once. Staffs recommendation was for
denial. As you know, there are four findings that you are required to make for a
variance application. Staff felt that two of those findings could be made rather easily.
However, the other two, particularly findings A and B listed in your staff report, we didn't
have enough information at that time to make a determination that it was consistent with
those findings. I think I will end staffs presentation there.
Nichols: Madam Mayor?
De Weerd: Mr. Nichols.
Nichols: Anna, does your recommendation change with the additional information that
you have received now?
Powell: Probably need further -- without public testimony I'm not sure that I could
change that now. As staff it's most difficult for us to find justification for a height
variance. The ceiling isn't higher or lower -- you know, the ski isn't higher or lower in
these areas. I think that there is probably some need for some -- looking at the height
allowances in some of those zones for taller buildings. We seem to be getting these
requests for taller buildings. St. Luke's came through -- the St. Luke's medical office
building adjoining that came through requesting higher heights. Those were done
through a planned unit development, rather than a variance, I believe. So, staffs
recommendation still stands at denial.
De Weerd: Anna, I guess the initial reaction from staff was that three out of four
variance requirements were met and the fourth one -- and that was a verbal answer.
And the fourth one could go either way. I guess I would ask why that initial response
has changed.
Powell: I'm not sure when you got that verbal response. I have never heard more than
two of the four discussed.
De Weerd: Okay. And within these business parks, we are looking at our zoning
ordinances and looking at updating some of the components and that's certainly one
that is being considered.
Powell: Yes. It is now.
De Weerd: I didn't mean to put you on the spot.
Meridian City Council
February 24. 2004
Page 43 of 88
Powell: And I would say that, you know, the height controls are generally a bulk issue
and part of that would be we do allow a 70 percent coverage of a site with that 40 foot
height. Clearly, the site that you see before you tonight doesn't have anywhere near a
70 percent coverage of the buildings on that property and they have chosen to go
higher, rather than -- rather than have a larger building with a larger footprint -- I mean
the same square footage, but it would be a much larger footprint on the ground and they
have just decided to go higher and leave more space open around them. So, from the
perspective of bulk, then, the height doesn't seem to be an issue here, because, quite
frankly, they are surrounded by a sea of parking, but it's -- there is plenty of open space
around it as far as non-building space, so --
De Weerd: Okay. Thank you. Any questions for staff? Okay. Is the applicant here?
Were you here when we swore in the public?
Larsen: I was in the lobby, but I did not participate, so --
De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and
nothing but the truth, so help you God?
Larsen: Yes, it is.
De Weerd: Thank you. Please state your name and address.
Larsen: My name is Cornell Larsen. Address is 210 Murray Street in Garden City. And
I'm here tonight representing the applicant, as well as the developers and the tenants
for the Hercules project, as we have named this project. It was several years ago we
were before City Council with Silverstone project in its entirety and during that time we
had talked with City Council and members of the community and we were looking to
create an employment center for the Meridian area to attract businesses to the facility
that we had, as well as to the City of Meridian and this request is a result of about a
year and a half worth of marketing to try to accomplish getting a substantial user to the
City of Meridian. So, what I'd like to do is take a minute and explain the reasoning for
the project and the reasons for the height variance. We did site the building purposely
to the south of the site away from the neighbors on the north side along Overland Road.
The property is surrounded pretty much by commercial -- or at least the building is
surrounded pretty much by commercial ground and so we felt like that was the best
place that it could be sited for a building of that height. So, it provided the least amount
of impact on the adjacent neighbors that would be either developing or currently
surrounding the property. This user has gone around the country and has been looking
for three or four sites in the entire United States and they have selected Meridian,
assuming that we can accomplish all their approvals, they would like to be here and to
proceed with this new building. Now, the reason we have asked for the variance in
height is their standard building design and prototype for this particular use requires a
three-story building. They already have this building designed and it would be an
extreme economic hardship for them to redo this facility specifically for one site and they
most likely wouldn't, they would most likely move on, because they have so much time
(
Meridian City Council
February 24, 2004
Page 44 of 88
and money invested in the other two sites, that it wouldn't be likely that they would
continue. So, with that we felt there was some good reasons for them asking for a
height variance, as well as some good reasons for trying to attract this user to the City
of Meridian. The building, to explain the building a little bit to you, and, for the record,
I'm not the architect on the project, I'm here tonight on behalf of Sundance. The
architect, actually, is out of town, as well as is the contractor and the developer on the
project. The building typically has a 15 foot floor-to-f1oor height and included in that is a
one foot access floor. The access floor is pretty characteristic to this use, because they
need to be able to run all their cabling and wiring under the floor to their cubicles and
their offices within the project. So, to get three stories with a 15 foot f1oor-to-floor height,
to have a little bit of parapet to meet roof manufacturer's warranties, we need to be
somewhere around 48, 49 feet to the top of the walls on the main part of the building
and to give you a little better feel for the project, the two towers, as you see them on the
ends, I think they are at -- I think they are shown at 55 feet on that drawing, although I
couldn't read it very clearly when it came to me today through the e-mail, but we had
asked for 60 feet, not knowing how high their mechanical units would go. Their
mechanical units and equipment are enclosed on the ends of that facility and would be
utilized to serve the air-conditioning and heating for the building. So, the reason that
they -- the height that we had requested was, number one, it was a little bit unknown
when we first started how high their building was going to be and, secondly, we wanted
to make sure all the mechanical units were screened behind the walls, so that they were
not visible to the surrounding area. And in reviewing the staff report, we were willing to
explain to you why we had the 15 foot floor-to-floor height requirements and why we
had the three story building that was requested for this particular user. The Hercules
people were, obviously, on a tight schedule, as some of you may have heard, so they
are trying to have this facility open in October, if it's possible. And we are willing to --
initially we'd ask for a variance on a considerable amount of area in the project and we
are willing to restrict that variance to their site. They told us, as well as staff today, that
they would be interested in purchasing 28 acres of the project and moving forward with
the project. They would be willing to do the first phase of the building as you see, which
is 170,000 square feet and, then, they would come back either -- and they may do both
phases this year, but they would come back and do the second phase shortly thereafter.
So, with that in mind, in looking at staff's recommendations, we didn't have a problem
with the 70 percent coverage over the 28-acre site, because that seemed to be
reasonable. The proposed roof for the building is flat and the height would be
somewhat near 50 feet, assuming that they may have some antennas on the roof or in
the mechanical enclosure. Again, we ask for 60, so we were -- felt like we were at the
height limitations -- or within those height limitations we couldn't get everything in there
that we needed to have. We are only asking for the height variance on this particular
building, not on other facilities, so we want that to be as clear as we can at this point in
time. We are not asking for it over the whole area. Our request was over the whole
area as we started, but we didn't exactly know where the building was going to be
positioned and we were trying to react to a user that did want to provide jobs and a
facility here for the citizens of Meridian. So, we understand staff's request for denial, but
we feel like that we have met a good deal of the terms and conditions of trying to
Meridian City Council
February 24, 2004
Page 45 of 88
provide for a variance and would certainly be happy to answer any questions you might
have.
De Weerd: Any questions for the applicant's representative?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Cornell, did I misunderstand -- is this phase one and, then, there is a possibility of
another bullding?
Larsen: Madam Mayor, Councilman Bird, yes, that is correct. We would have a second
building that's approximately 156,000 square feet. This one is 170,000 square feet.
Bird: And they would need the variance, too, on the height?
Larsen: Yeah. We would be requesting for the height on this specific 28 acres. Should
they change their layout I wouldn't want it specific to the exact building site if they
flipped their building or mirrored their building or changed it, we would want it specific to
this project name if we could.
Bird: Thank you.
De Weerd: Any other questions?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Mr. Larsen, I guess I probably should have asked Mrs. Powell, but maybe you
will know or she can tell me, give me some relationship to scale in comparison to this
building height you're asking for compared to St. Luke's. I think Mrs. Powell mentioned
St. Luke's and maybe the PUD for their building, but could you give me some idea what
the size relationship of this were to that?
Larsen: Yes, Ma'am Mayor, Councilman Nary, I believe St. Luke's asked for 110 or 105
feet -- I'm not a hundred percent sure, because I wasn't part of that, but that was my
recollection and --
Nary: Okay.
Powell: I believe Mr. Larsen is correct. I think the medical office building was just a little
bit smaller than that, 95 feet or something like that.
Nary: Thank you.
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Meridian City Council
February 24, 2004
Page 46 of 88
Powell: And those were four story structures. The medical office building, I believe,
was a four-story structure, not a three-story structure.
Bird: The three-story with the mechanical on top at the office part and, then, it's five-
story at the medical --
De Weerd: At the hospital.
Bird: -- at the hospital.
De Weerd: Thank you very much. Any further questions?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Just for clarification, Mr. Larsen, what are these portions that are highlighted
different? What is that? -
Larsen: Madam Mayor, Councilman Nary, those are part of our nondisclosure
agreement of who the tenant might be and so, consequently, I cannot divulge the
tenants. That's a sign for the user of the project.
Bird: It's a band-aid.
Nary: It's a sign with a band-aid. Okay. That's fine.
Larsen: If you can find out who the user is it's okay with me, but I can't tell you.
Nary: That's fine. Thank you.
De Weerd: It's that attorney in him.
Larsen: Yes.
Nary: It just looks funny.
Larsen: Actually, I kind of thought it was an interesting louver.
De Weerd: Thank you. Anything further, Council?
Nary: No.
De Weerd: Okay. Thank you. All right. I do have one person signed to give testimony,
Edward Thomas. Were you part of the initial swear-in process?
Meridian City Council
February 24,2004
Page 47 of 88
Thomas: Yes, I was.
De Weerd: Please state your name and address.
Thomas: Edward Thomas, 3820 East Overland Road, Meridian, Idaho.
De Weerd: Thank you.
Thomas: Members of the Council, Madam Mayor, the comments I sent in were related
to the complete ambiguity of the original proposal. Now, that it's laid out, it looks a lot
like where I work, which is a little depressing to have next door, but if there is a problem
from my perspective, it's that it's so close to residential areas. It blocks the view of
anybody wanting to build on the eastern side. They don't live there now, but they are
zoned there and they probably will. Anybody building there pretty much is going to be
looking at the side of a building. People have built like that next to where I work. They
don't seem to mind. They are company people, they move right in. They love it. I can't
understand it, but they love it. It's certainly possible that somebody might want to move
right in next to this behemoth. Fine. But it does -- you got residential to the north, the
east, and the south. St. Luke's is a special case, because it's a medical facility and a
public service. I love it to death. We use it regularly. And it's a high building and it
should be. This is a business, a profit center. Now, should it be three stories high?
Based on hints people are dropping right and left and more information coming in, just
like -- you know, some of this could have been handy like a week ago this would have
been a lot different, you know. People should maybe spell some of this stuff out. It
would help. So, let's assume that this place is a lot like where I work, maybe even a
direct competitor, which is also a little depressing, we will get over that. They are going
to have significant electrical and electronics requirements. They are going to have
computer networks that will just boggle your head. High speed everything. Significant
radio interference. And they are going to be kind of a high tech, high impact outfit, and
they will create jobs and I'm sorry I'm totally unprepared. I'm trying to wing it here. But
it's hard to argue against something like my employer, but the difference is my employer
is not smack dab -- thank you very much -- smack dab in a residential zone and you
have height restrictions for a reason, you have your criteria, I'm not nearly as opposed
to this as I was before, but I think it would have been nice to have more information and
whatever you decide is fine and thank you for your patience.
De Weerd: Thank you. Any questions? Council?
Larsen: Madam Mayor, Cornell Larsen again. I really would like to apologize to Mr.
Thomas and the staff somewhat, because we have had a lack of information to give out
in the process, because we have been unable to do so by contract. So, as it's became
available to us and been available to the public and to the staff, we have tried to get that
information there as quickly as possible. To tell you how quickly this project is moving,
these elevations were sent this morning via e-mail to staff, so that they could be here
today so that you would have a feel for what they are trying to do with this project.
Meridian City Council
February 24, 2004
Page 48 of 88
De Weerd: Thank you. We understand covert operations.
Larsen: Thank you.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Mr. Larsen, just one more thing. Just to help me again, tell me exactly where the
site of this -- at least the one and potentially second building are in relation to the
property.
Larsen: Okay. Madam Mayor and Councilman Nary, the property that we are talking
about is right here. When we did the original Silverstone project we had Copperpoint
coming over like this and we had tied into a street here. We had a road coming up this
side, which was called -- I don't know whether that's Jade and this one is Topaz or vice-
versa. Mr. Thomas lives about right there. This is the project location right here. This
is Copperpoint Drive coming through and, then, turning into -- the road runs north and
south.
Nary: So, the elevation that we are looking at is for a building at least at the moment -- I
know it's not set in stone, but at the moment it's sited approximately like that.
Larsen: Correct.
Nary: And the other potential building is approximately there, that's why it's on the __
Larsen: Correct.
Nary: Okay.
Larsen: They like the view, obviously, towards the foothills and the view towards the
Owyhees that was granted there. Again, we were trying to hold it back as far as we
could from these boundaries. This canal line comes down right about in here. This is a
commercial zone piece of property, I believe. And I'd have to defer to staff, but at least
it's in the Comp Plan, I believe, as commercial. So, it's commercial on this side, this
side, and this is an RUT zone and this is residential up here.
Nary: And the residential portion that's down here, that's Sutherland Farms __
Larsen: It's south of the canal in this particular area.
Nary: A pretty good distance, I take it.
Larsen: I'm not sure what the correct distance is, but it is a distance away.
Meridian City Council
February 24, 2004
Page 49 of 88
Nary: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Also on clarification, this property is sitting down below the canal and the
residential to the south is all above -- is up on a plateau that's elevation-wise quite a bit
higher than where this building would start.
Larsen: Yes, Madam Mayor, Councilman Bird, that is correct, there is some elevation
change here as you come over this canal that was, obviously, one of the man-made
canals in the area, but there is an elevation change there.
Nary: Thank you.
Larsen: Thank you.
Powell: Madam Mayor, Members of the Council, Mr. Larsen was correct, it is zoned C-
G to the south of this property right here. It's a little half moon shape.
De Weerd: Okay. Thank you. Okay. Is there any further testimony? Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no more testimony, I move we close Public Hearing VAR 04-001.
Wardle: Second.
De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item
15. All those in favor say. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Discussion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Before I make a motion I want to make a statement. I think that if we are going to
get out of our bedroom community philosophy that we have tried to in the last six or
seven years, that we are going to have to have buildings of this type to house
Meridian City Council
February 24, 2004
Page 50 of 88
employees that can work in Meridian, Idaho, and I believe we are going to have to take
a look at our ordinance and stuff and in these business parks height variances are going
to have to be variable. That's my thoughts on this.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I would agree with Councilmember Bird. I mean I'm sure anybody that knows me
that's sat in any of these meetings knows I just hate variances, I hate having to vary
those. I think we do need to reevaluate our ordinances and, obviously, this is one that
we may see more of in the future of people wanting to build these and they need to
make some sense and I think this one does. I mean I think it makes some sense in a
location -- not real thrilled about the -- you know, ten acres of parking around this
building, that isn't very nice yet, but I'm sure it will eventually. I'm sure Mr. Larsen will
put some trees and some other things that will look better. But, otherwise, I do think
that this does fit the criteria that's adequate to be able to grant this variance and, again,
I think we need to revisit our ordinances for it, but I think it makes sense, so --
De Weerd: Mr. Wardle.
Wardle: Madam Mayor, I would also agree and I think in holding with the ideas of this
community it's great to see buildings such as these move in to provide jobs for people
within the area, so I think it's going to be a great boost to our economy and I think there
is -- I certainly think there is a reason for this variance and agree with Councilman Bird
that we need to look at that within our business parks that we are going to be seeing
more of in the future.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: With that I would move that we approve the Variance 04-001 for Silverstone
Corporate Business Center by Sundance Investments, incorporate all staff and
applicant comments, and for the attorney to draw up the proper papers.
Wardle: Second.
De Weerd: It's been moved and seconded to approve Item No. 15 for VAR 04-001.
Any further discussion? Hearing none, Mr. Clerk.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Meridian City Council
February 24, 2004
Page 51 of 88
De Weerd: Thank you, Mr. Clerk. With that we will take a ten minute recess and 11m
sorry to delay this even longer for those of you who have stayed with us all evening, but
we need a break.
(Recess.)
Item 16:
Public Hearing: AZ 03-035 Request for Annexation and Zoning of 70.64
acres from RUT to R-8 zone for proposed Settlement BridQe
Subdivision by Capital Development - 2205 East McMillan Road:
Item 17:
Public Hearing: PP 03-041 Request for Preliminary Plat Approval of 266
single-family residential building lots and 34 common lots on 70.64 acres
in a proposed R-8 zone for proposed Settlement BridQe Subdivision by
Capital Development - 2205 East McMillan Road:
Item 18:
Public Hearing: CUP 03-065 Request for Conditional Use Permit for a
Planned Development to allow single family residential and attached
single family in a proposed R-8 zone for proposed Settlement BridQe
Subdivision by Capital Development - 2205 East McMillan Road:
De Weerd: I will go ahead and call us back in session. If Council has no problem, I will
open Items 16, 17, and 18 at the same time. Okay. We open Public Hearing for AZ 03-
035, PP 03-041, and CUP 03-065 for Settlement Bridge Subdivision. 1111 open Items 16,
17, and 18 with staff comments.
Powell: Madam Mayor, Members of the Council, this is -- I'm just ready to hand it over
to the applicant. Skip the staff comments. I'm sorry. This is an application for one of
our larger subdivisions in the process right now. It takes access -- this is Linder Road __
see, I know I should just quit. This is Locust Grove and this is McMillan. This is -- the
annexation path for this is at a -- never mind. This is the property that would give us an
annexation path to Edinburgh and Vienna Woods Subdivision. It is an application for a
planned unit development. They are requesting reductions to lot frontage requirements.
Just as a real brief overview of the site -- 11m going to let the applicant do most of it, but
ifs primarily a single family development with some attached units in this area and also I
believe through here. There is one large park area here and, then, more linear parks
spread throughout the development. And, again, I know that the applicant intends to go
over this in detail with you, so I will be very brief on that. This application does come
forward to you with a recommendation for approval from the Planning and Zoning
Commission. At the Public Hearing the applicant Dave Yorgason and his representative
Mike Wardle testified in favor of the application. There were three members of the
public who testified expressing concerns about the proposed development. I believe
most of those owners were to the south in the subdivision of the one-acre lot subdivision
to the south of the proposed site. The key issues of discussion in question by the
Commission included water supply in the area and the possibility of a well site on the
property, the lack of ACHD action on this application, lack of roadway improvements,
particularly that's part of the concern by the neighboring properties to the south, the lack
Meridian City Council
February 24, 2004
Page 52 of 88
of sidewalk coming down to the school, which is just south of that subdivision. And,
then, an irrigation ditch on the southern boundary and the proposed fencing adjacent to
that ditch, so that they could burn near the ditch. The key modifications to staff's initial
recommendation were that the Commission did modify to add a fencing condition and
adding a condition regarding private streets. One restricting signature of final plat until
water service is available and I know that the Public Works Department wants to speak
to that issue. There were several other minor modifications made by the Commission,
largely related to site design within the -- some of the tighter areas. This area was
changed. Originally there was a couple stubs. We went through some changes in that
area, I believe. Other cross-access issues. The outstanding issues for the City Council
is fencing along the southern boundary. The applicant had kind of an original idea of
the fencing and it has since withdrawn that idea, so I'm not sure where he stands right
now on the fencing issue. And, then, again, as I mentioned previously, the availability of
water on the site. I do have some elevations here that I wanted to show you. These
are the attached units. I think that the product type that the applicant is proposing for
these attached units is really a far notch above the last attached units we saw come
through and I think these are really a quality unit here. As you can see these would be
a fine addition to the city's mix of housing. Here we -- this is, again, just a brief detail
showing how those attached units would work and, then, the common or shared drives
for those units. And, then, some existing site conditions. And with that I'm going to
hand it over to the city engineer.
Watson: Madam Mayor, Council Members, as Anna commented and as you probably
gleaned from the minutes and staff report, there was an issue or is an issue with water
supply in this area. This became evident last fall as development in the north area
continued to out pace supply. About the time this project came in for a pre-application
meeting, shortly thereafter we decided that we needed to very seriously look at some
more water supply in the area. We immediately began to speak with the Westborough
developer and you1re probably aware or remember some of those conversations.
Simultaneously, we began conversations with representatives from this project.
Ultimately -- I will try to keep this as brief as possible. Ultimately, we need two normal
size city wells in the Locust Grove, McMillan, to Chinden area. Earlier tonight you
awarded a contract for a test well drilling up on the Westborough site, along with a lot
lease agreement that we successfully negotiated with that developer. The one thing to
keep in mind is there is no guarantee of success on those test wells. It all depends on
what the water volume and water quality is. We have also began to look at another
solution to bring water supply into this area. You approved yet another contract earlier
tonight on the consent agenda with civil survey. It had sort of a euphemistic name to it,
it talked about high pressure zones and the like, but the intent of that is to push some of
the water from Well 20B, which would be another well where the Ustick reservoir is,
push that eastward and northward. So, we are trying to get some more supply up there.
There was a rather odd comment in the Planning and Zone testimony about the city's
inability to provide essential services to this area and that perhaps United Water, being
next door, could help out. The whole reason supply is so slow in coming up there is
because United Water protested our water right, so maybe that's a marketing strategy.
I'm not sure. Anyway, we are developing this plan to push some water towards this
Meridian City Council
February 24, 2004
Page 53 of 88
project at an estimated cost of probably 50,000 dollars, including design. So, I think
there is a solution. We either get a well successfully drilled and outfitted up in that area,
or, two, we get this piping modification done. It's a timing issue. I think the comment as
it came out of Planning and Zoning is appropriate. To get a new well on line would
probably take right now, if everything went well, nine months to a year.
De Weerd: If it went well?
Watson: If the well went welL Yeah. This piping modification -- the design will probably
not take very long, but because of all the road closures and the difficulties we have had
in the north area over the last year, four to six months -- hopefully sooner than that. I
joked with a staff engineer today that we should apply for our road closure permit today,
so that we can get in there in August, but that's kind of the way it's working up there
right now. So, I guess I'd just like to make that additional condition stand, that one of
those two things will be in place prior to signature on the first phase of the plat and with
that I will answer any questions.
De Weerd: Council, do you have any questions for staff at this time? Okay. Thank
you, Brad. Thanks, Anna. Is the applicant here? Mike, were you part of the swearing in
process?
M. Wardle: Madam Mayor, I was not.
De Weerd: Okay. Please -- is the testimony you provide tonight the truth, the whole
truth, and nothing but the truth, so help you God?
M. Wardle: It is.
De Weerd: Thank you. Please state your name and address.
M. Wardle: Mike Wardle, 4910 Knollwood Avenue in Boise. And to my knowledge no
direct relationship to the good Council member by the same name, although I think it's a
nice name.
Wardle: I do, too. Thank you.
De Weerd: Smoothing is not allowed.
Nary: I told you 15 minutes, Mr. Wardle.
De Weerd: He missed that part.
M. Wardle: I plan to be less than 15 minutes if you would allow me. Madam Mayor,
Members of the Council, the plan that we brought forward for Settlement Bridge is a
single family residential project with 3.7 units per acre. It conforms to the
Comprehensive Plan in terms of land use and densities. It's also compatible with all of
Meridian City Council
February 24. 2004
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the recent annexations, zoning, and subdivision approvals that the city has granted for
projects such as Champion Park, Havasu Creek, Copper Basin, one thatls on your
agenda tonight Razzberry Crossing and Heritage Commons in terms of the zoning and
similar densities. It provides a designed in buffer around the Idaho Power substation,
which is located on the corner of McMillan and Locust Grove in the form of the attached
housing units. The attached single family units that Anna has shown to you a moment
ago. The concept there is that it provides screening from the street and the units
themselves don't have second story visibility into that substation site from the units.
They are a story and a half type concept, but they have open space at the back and the
-- thank you. And all of the visibility is actually to the street in the front. So, it does -- it's
a designed in screening concept that takes into account the issues of the substation.
We have also worked with Idaho Power to deal with the buffering enhancing the
landscaping around that. The plan also proposes to implement a major component of
the parks and pathway plan, which is the proposed regional multi-use path that will
come along the North Slough. That project was initiated in the concept and, I apologize,
Mr. Bird, couldn't get it higher, but that was initiated in the Champion Park project and,
eventually, we would expect to see that linking through as part of that regional pathway
that you have adopted previously. It provides -- Dave, if you would go to the next board.
It provides, really, an extraordinary --
De Weerd: Mr. Wardle, can we turn this a little bit so the people in the audience can
see, too?
M. Wardle: Okay. Yeah.
De Weerd: Maybe move it back and tilt it a little so Council can see it.
M. Wardle: Dave, over just a little bit further.
De Weerd: Maybe you can put it on the taller one. There you go.
M. Wardle: The open space system actually takes into account three major elements.
We have literally linked the west to the east throughout the project with a linear open
space system, but it also has two activity areas that are tied into that, both with direct
visibility for both the incoming access points from Locust Grove and from McMillan. We
also have factored in what we -- what I have termed The Grove, which is the existing
home area that has extensive amount of trees and landscape associated with it and that
will be saved to the extent possible. There will be a great deal of vegetation on that site
when this effort is complete. And, then, that links across the North Slough, which, then,
provides that pathway link to open space corridors into this interior system and there is
really only one through street that has a crossing element here in this location and there
is a cul-de-sac and so forth, but there is in excess of the required amount of open space
and it provides use areas, as well as a way for the neighborhood to relate one to
another within the project. The changes that were proposed by the Planning and
Zoning Commission that Anna has related to you here this evening have been
addressed largely. I just want to note that ACHD did act on the application a week after
Meridian City Council
February 24, 2004
Page 55 of 88
the Planning and Zoning Commission held its hearing. It was approved as submitted.
There were no extraordinary issues or conditions that ACHD applied and their
conditions are included as conditions of approval by direct insert in the staff reports
before you this evening. With regard to the issue that Anna mentioned along the
southern boundary, the question there was concern of the adjacent properties for
maintenance of a ditch that they typically burn, so the fencing question there was to be
noncombustible. I don't think we have withdrawn anything. We had, actually, submitted
two concepts to staff, one a chain link fence with an innovative slat called a hedge link
fence that, actually, has the look of a deciduous type hedge or an ornamental fence,
because, again, it needs to be noncombustible. So, we submitted, actually, both of
those and we will go through the details, but the issue was I think the concern of the
neighbors that there not be something there that would be damaged if, in fact, they
maintained by burning their ditch and I think that's the direction that we are headed. So,
it really left just really the issue of the water site or the water availability and I think
Capital Development has worked diligently with the city to address the water supply
need. I think staff can concur with that and I'm pleased to hear that they have another
option that they are looking at as well. The concern that we really have with regard to
water is Condition No. 25. Staff, I think, has noted in the preliminary plat. That
condition, of course, says until such time as additional water supply can be supplied in
the vicinity, the city will not sign the final plat for any phase of this development. The
problem we have with this is we are not aware that the issue has been raised before in
any of the applications that were recently addressed and one that's in the process
currently and so if there had been no such constraints imposed on other projects, we
would believe that acting in good faith and diligence in condition -- or recommendation
number four in the annexation recommendation simply states that the Public Works
Department has determined that an additional water supply well is needed in this
vicinity. The developer shall negotiate with the City of Meridian for the acquisition of a
parcel for a new municipal well within this site. The applicant is willing to do so and to
complete that if this proves to be the location. We would, then, suggest that if that is
accomplished, that condition number 25 be deleted, because it would put, then, the city
in control of the matter, it would be out of the control of the Capital Development to
provide the need or the source, because the city would be, then, responsible to
complete that well and put it on line and unless that restriction was placed on all
developments within the area, we believe that it would be an arbitrary and
discriminatory action. And Mr. Yorgason of Capital Development is here, as is Joann
Butler, legal counsel, to address the issue in detail if needed, but, very simply, we ask
for your approval as recommended by the Planning and Zoning Commission and as
modified in accordance with their recommendation through a revised preliminary plat to
address all of those issues and simply note that condition number 25 we believe should
be deleted from the preliminary plat recommendation. With that I would answer any
questions or perhaps others of Capital Development's team.
De Weerd: Council, do you have any questions?
Nary: Madam Mayor?
Meridian City Council
February 24, 2004
Page 56 of 88
De Weerd: Mr. Nary.
Nary: Mr. Wardle, could you give a little more insight onto the open space there? I
mean is it predominately drainage or is it -- it looks like just grass, but I mean is it just for
drainage or is it some other amenity to that open space?
M. Wardle: Madam Mayor, Mr. Nary, the intent is that it will be a linear pathway system.
There will probably be some drainage, but it is not dedicated to drainage. I know that in
some projects within the vicinity they have incorporated both, so there may well be
some drainage applied, particularly in some of the larger areas, but it's also the intent to
have some activity areas that would be designed to be out of any drainage way or such,
but it's primarily to be an amenity for the use of the residents and I certainly would
acknowledge the fact that there may well be some drainage includes.
Nary: When you say activity area, do you mean something that's attractive to the site or
is that just grass?
M. Wardle: Mr. Nary, I think the intent is that there would be tot lot facilities in those
areas similar to -- the third board we have is one that was -- Dave, why don't you just
pull that off there. Baldwin Park, a similar project, provided by Capital Development,
and they, actually, have in that project some activity tot lot areas, so that's the intent for
those two large areas is to have such facilities avallable to the community.
Nary: Thank you.
De Weerd: Any further questions?
Powell: Madam Mayor?
De Weerd: Anna.
Powell: As staff understood the proposed planned development amenities, there was
three tot lot and activity areas. Is that -- do you count The Grove as an activity area?
M. Wardle: Madam Mayor, Members of the Council, yes, in fact, it does. You can see
from the size of all of those that with the separation -- and there will be a pedestrian
facility in this location, but with this separation this provides an amenity for that part of
the community and, then, a fairly strategically located area, too. Appreciate that
clarification.
Nary: Thank you.
De Weerd: Thank you. Okay. We do have a sign-up sheet here and so would Mike
Ingram like to provide testimony? He's always been known to have a comment or two.
Did you raise your hand when I swore everyone?
Meridian City Council
February 24, 2004
Page 57 of 88
Ingram: I did. I have been sworn at numerous times.
De Weerd: Probably by me, too.
Ingram: A time or two.
De Weerd: Please state your name and address and, please, spell your last name.
Ingram: Mike Ingram. I live at 4320 North Locust Grove. Last is I-n-g-r-a-m and I have
been sworn.
De Weerd: Thank you, Mike.
Ingram: Essentially, I'm here again before you, I realize I'm probably wetting on myself
here, but this development around our little subdivision has -- and I know you're not
supposed to take that into account, but it has adversely affected our property values. I
have just recently sold my home and taken a 40,000-dollar loss because of this
development. So, I want you to understand that, how this hurts. Two issues I have with
this subdivision at this time. I realize development's inevitable; it's going to happen. We
have not resolved the fencing issue between Heritage and Settlement Bridge. The
developer asked staff to negotiate with them. I don't feel that that's appropriate. They
don't live there. Your ordinance, city ordinary 12-4-10, requires a six-foot solid fence be
constructed. I would ask that you uphold that ordinance and force the construction of
that upset fence for privacy. You're going to hear testimony from another neighbor; she
has some additional information regarding our ditches and our rights to those ditches.
The other issue -- and which has already been stated by staff and it was testified to by
Mr. Freckleton at the P&Z hearing, even pumping your water from another station at a
higher pressure, he testified that Meridian's current water system is at capacity, so
moving water from point A to point B doesn't solve your problem and until such time as
you do have the wells on line for fire services, for the residents, for everything else you
need water for, at least delay this project until you have that on line. And that's all I
have.
De Weerd: Thank you, Mike. Is there any questions for Mr. Ingram? Thank you.
Okay. Did Terry want to provide testimony? Okay. Steve Sherer. Were you part of the
swearing in process?
Sherer: I was not. You can swear at me personally.
De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing
but the truth, so help you God?
Sherer: Yes, ma'am.
De Weerd: Thank you. Please state your name and address.
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February 24,2004
Page 58 of 88
Sherer: My name is Steve Sherer. I live at 2090 Star Lane, which is on the picture --
one of these lots in here. 11m not exactly sure. I think this one. Maybe that one. But
just to the south of the proposed subdivision. If we extend Mr. Wardle's arguments
regarding the constraints of the water system and limiting his development because of
the constraints in the water system, then, I guess the implication is that the City Council
is compelled, because they can't act arbitrarily or capriciously, they are compelled to
keep approving subdivisions, even though there will not be any running water for them.
I don't see the logic in that argument and I did want to point that out to you, Madam
Mayor and the Councilmen, as part of our discussion. I believe that the Settlement
Bridge Subdivision as proposed is too high density. It is -- it meets the requirements of
the Comprehensive Plan, but I would like to point out, Madam Mayor and, Council -- I
just wanted to set that map up for you, because Locust Grove is this road right here.
This road is Meridian Road. ACHD has that planned for a five-lane road. This road is, I
believe Linder, and slated to be a five-lane road, as is this one, which I believe is Black
Cat. So is Eagle Road. Locust Grove Road -- Locust Grove Road in ACHD's plan is
only going to be a three-lane road. That density that you find on the other north-south
corridor roads are fine at R-8, but the density here -- I think City Council members and
Madam Mayor, you need to take special -- take special concerns for and attention for,
because that will only be a three-lane road. In the addition, this is our low density R-1
subdivision. This subdivision here is an R-4 subdivision. Havasu Creek is an R-4
subdivision. And to the south we already have Heritage Commons Subdivision, which
is developed as a planned unit development, but it's an R-8. Now, it's very important to
keep this corridor carefully planned with traffic. You have high density use right here
and right here. You have a church, you have a fire department, and here you have
three schools, so you have teachers, you have employees of the school, you have --
and one of those schools is a high school, so you have several students driving on this
road.
De Weerd: Can you, please, summarize.
Sherer: Can I please summarize?
De Weerd: I'm sorry.
Sherer: Well, I have a few more points to get to. This was one point.
De Weerd: Are you speaking on behalf of a group of people? I can extend your time.
Sherer: Well, not a group of people who are listed, but I bet Terry Ingram would donate
to me her three minutes.
T. Ingram: I would.
De Weerd: Okay. Council?
Nary: That's fine.
Meridian City Council
February 24, 2004
Page 59 of 88
Sherer: Thank you. So, I think you have to be very careful about the density on Locust
Grove. Also, ACHD in its report noted that the intersection of Locust Grove and
McMillan is already oversubscribed at certain times of the day and this subdivision
would put significant more pressure on that. I realize that you're not ACHD and you're
not -- the roads are not your main concern, but it is a concern that fire and schools have
adequate access. There are -- there are applications for an R-8 development. We do
believe that's too dense. And, in addition, they seek to limit their frontage and cram
houses in there even closer. I saw the beautiful picture that they made of the attached
family dwellings, but these are developers and I know they won't recommend -- or won't
guarantee that those -- that those units will look like that. Placing attached single family
units on two very small lots is similar to placing a duplex on a normal sized lot and we
believe that's what's going in there. Regarding -- regarding the southern most lots,
those -- the houses that are built on those lots will directly affect our vision and our site
of the mountains to the north. They will adversely affect our property values. We would
ask that even if, Madam Mayor and Council, you approve this subdivision, that you
would limit the houses along that southern boundary to a single story, so that our
property values are affected less. Finally, I believe we should have a maintenance
easement on our ditch and I think one of our other subdivision members will speak to
that. Also, I think that regarding the water situation, Mr. Freckleton said a year for a
new well and Mr. Public Works director indicated four to six months to running water out
there. I think those estimates are optimistic and, frankly, I don't want to see a hole in
the ground north of my property waiting for water, because there will be problems, there
always are, weld like to say that we live in a great world that we will be efficient and we
will run smoothly, but it won't happen and until it does happen I donlt think you should --
you should approve anymore subdivisions. Thank you.
De Weerd: Thank you, Steve. Any questions? Okay. Stacy Rambough. Were you
part of the swearing in process?
Rambough: Yes, I was.
De Weerd: Okay. Thank you. Please state your name and address.
Rambough: My name is Stacy Rambough. Spelled Rambough. I live at 1760 Star
Lane. It's the subdivision just south of Settlement Bridge. If I could insert a copy to --
De Weerd: To our city clerk there. Thank you.
Rambough: If needed I do have a copy for the developer. It is a letter that I had Nathan
Draper, the manager at Settler's Irrigation summarize a conversation that we had
regarding the guidelines on irrigation easements. It just states that their easements are
typically 20 feet for an irrigation ditch approximately the size of the ditch that's located
on the property just south of there within Heritage place and that the easements are
placed there in order to maintain the ditch to insure that the water is delivered to all the
users and in most cases where the ditch is left open or non-piped, that they ask that the
Meridian City Council
February 24, 2004
Page 60 of 88
fence or the structures not encroach upon the easement in order to -- and, then, he also
does state that the construction of a wooden fence next to the ditch is hazardous and
should be avoided, especially if burning the banks is a normal practice, which is the
case here within our subdivision. We do burn the ditch banks in order to maintain the
ditch to keep it clear. I also did attach -- there was comments within Planning and
Zoning that it's not going to matter much to us much longer if we were to be annexed
within the city, because we would not be allowed to burn within the city limits. I did
attach two copies of the burning permits. The first copy is the county burning permit,
which I obtained for my personal property. It stipulates the conditions that are needed
to burn within the county limits. I also did the third page at the top it is a city burning
permit, which does allow for burning along fence lines and irrigation. So, I don't see a
problem that if we were annexed within the city that we would not be allowed to burn our
ditch lines and our fence line in order to keep it maintained. This is my major concern is
how I'm going to maintain that ditch. The ditch, where it currently is, is approximately I
would say three feet from the property line where the Settlement Bridge fence would be
placed. It does not give me adequate ~- I mean I'm going to be burning down a wooden
fence. It's nice to hear that they are looking for a solid fence, but it would be nice to also
be included within that process, because we are the ones that are going to be directly
affected by it. Thank you.
De Weerd: Okay. Is the ditch, then, on your side of the property?
Rambough: The ditch is approximately three feet within my side of the property.
De Weerd: Okay.
Rambough: Okay.
De Weerd: Okay. Council, do you have any questions?
Nichols: Madam Mayor?
De Weerd: Mr. Nichols.
Nichols: Mrs. Rambough, is the ditch one that's maintained by Settlerls?
Rambough: Settler's does not maintain the ditch.
Nichols: Okay. The users maintain the ditch?
Rambough: The users maintain the ditch.
Nichols: Okay. And does Settler's maintain that they have an easement for the ditch or
that it's a user ditch; do you know?
Rambough: His statement to me that the Settler's has the easement.
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February 24, 2004
Page 61 of 88
Nichols: Okay.
De Weerd: Any further questions, Mr. Nichols?
Nichols: No.
De Weerd: Okay. Thank you. Gerald Clark. Sir, have you been sworn in?
Clark: Yes, I have.
De Weerd: Thank you. Please state your name and address.
Clark: My name is Gerald Clark. I live at 4360 North Locust Grove Road. My last
name is Clark, C-l-a-r-k.
De Weerd: Thank you.
Clark: Madam Mayor, Councilmen, I have three concerns over this subdivision. One is
the water. They talked about a water shortage for this subdivision of this size. They are
talking about drilling wells for it. This subdivision -- I've lived in this subdivision for 35
years in this present home where I five at now and there was approximately 12 homes
in that subdivision when I moved into it and the rest of that land was all vacant, I mean
just farmland. The original wells and such in this subdivision are shallow wells and by
putting other bigger wells in out there, you're going to pull that water table down to
where some of these people in that subdivision will probably have to re-drill. My second
concern is the ditches out there. Along this line -- this is my property right there on the
corner along this line between the two subdivisions, the Heritage and this Settlement
Bridge, there is actually two ditches. There is one large ditch that used to be the ditch
that supplied all the water to all this ground over here before anything was ever there,
any homes or whatever was there. That was later deferred back and come down here
and, then, this concrete ditch to irrigate this over here. But that ditch was used after that
for just a wastewater ditch for all this ground here and our ditch lies about three feet to
the side of that ditch. The property line, actually, runs down the center of that larger
ditch. That larger ditch, now that they are not farming that land, will be a problem. If
they don't fill that in, it's going to be nothing but a mosquito infested bog. My other
concern is the sidewalks. It was brought up here at one of your meeting that we would
be -- the property owners along Locust Grove there would be contacted in the very near
future about sidewalks going along the front of our subdivision for these kids to come
out of this subdivision and get to these schools down here. I'd like to know what has
happened with that. I haven't been contacted and neither has -- or none of the property
owners that I'm aware of have been contacted on it. And that's my concerns. I hope
you consider all that.
Meridian City Council
February 24, 2004
Page 62 of 88
De Weerd: Thank you, Mr. Clark. Any questions? Okay. Thank you. Mrs. Clark, do
you wish to testify? Okay. Thank you. Is there any other testimony? Would the
applicant like to come up and respond to the issues that were raised.
M.Wardle: Madam Mayor, Council Members, again, Mike Wardle, for the record. Let
me just take them somewhat in order. The statement that I made concerning the water
condition was -- unless it's a condition or a requirement imposed on all within the area,
we feel that it is not appropriate that this project be singled out. If there is, indeed, a
problem, the city has the way to address that. We are simply saying that if we have
worked with the city in good faith and have provided the site as necessary and, then, it
becomes the city's control, then, we are at the city's mercy for something that we cannot
control. So, those are issues that, if necessary, if you want to get into greater
discussion, Mr. Yoragson and Ms. Butler could address. But my statement was not to
try and -- it was simply to say that this is an issue. If it is, in fact, a problem, it needs to
be imposed on all of the area. This is not a high-density project. This, in fact, is just
only slightly more dense than what you would have in just good a old same cookie
cutter type subdivision, but we have put higher -- or deeper lots adjacent to the one acre
parcels to the south. It was interesting the suggestion for single story limit came up at
the last hearing, but I'm -going to pass this down and let you draw your own conclusion
with regard to the location of their existing homes and the types of buildings and
structures in the back to see if there would, in fact, be any impact on their few or
visibility if homes were allowed to be constructed as they would be in any project. It's
our contention that there should not be any such limit. ACHD did, in fact, approve this
project. Locust Grove through the north Meridian planning effort, we did find and
conclude that Locust Grove, based on projected traffic projections that were studied
twice by ACHD through Washington Group International, concluded that three lanes,
fully improved in the future, would handle that traffic flow, and it was also noted by the
Commission that the roadway will stay in its existing character today, unless the
projects are approved. ACHD would not bring that forward any sooner than the need is
there and that need will be there based on the projects projected under the
Comprehensive Plan by the city. The ditch, as discussed -- and it's kind of interesting
that we would be asked to put up a solid wood fence, I believe was the statement by Mr.
Sherer, as required, and, then, also concerns stated by others for the threat of burning
and we, in fact, are proposing a noncombustible fence and I will provide to you the
example of the hedge link, it's a chain link fence, this would provide a solid screening
fence in a noncombustible form that would provide that screening, but this is one of the
options. We also got the note that the ditch is a user ditch. That ditch does not show
up as an easement on this property, based the on title policy, so it is strictly a user ditch
and the information from Settler's is interesting, but it's not applicable. And so we have
been dealing with the concerns of the planning commission with regard to the type of
fencing. We will deal with that. We will conclude that effort through staff. And, again, I
think in terms of the issues at hand, they have all been addressed. The conditions of
approval and the recommendations from the Planning and Zoning Commission
adequately address that, with simply the exception that we ask for the deletion of
condition 25 in the preliminary plat recommendation. Let me ask if any of -- Mr.
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February 24, 2004
Page 63 of 88
Yorgason or Ms. Butler have any issues. Unless the Council does of them, we can
bring them to the podium.
De Weerd: Mr. Wardle, did you address the -- apparently there is two ditches, one on
their side of the property and one that went down the center. Will you be Wing that?
M.Wardle: Madam Mayor, they indicated that that ditch is no longer functional. It has
been -- that original purpose was rerouted, so that ditch would be totally abandoned and
probably graded in.
De Weerd: And filled.
M.Wardle: Yes. As it is on their property. We can't really go onto the adjacent
property. If there are any low spots or swales, that would have to be addressed by
those adjacent neighbors. So, from everything that we can control, we definitely will.
De Weerd: Okay. Well, I would imagine if that's in the center-line that you would have
to fill it well enough to get a fence on --
M.Wardle: Correct.
De Weerd: -- on that area.
M.Wardle: And so I guess if that were the case, we would -- and the neighbors would
like the fence, we would hope that they would cooperate in that effort, so that it can be
adequately placed. We would hope that's the case. But it was interesting in one of the
original -- I guess it was probably the neighborhood meeting when the question of the
fence first came up, we were told that this property -~ the Capital Development would
have to provide an easement for the neighbors on their side to be able to maintain the
portion that their own neighbor would not allow them to get to. So, our issue all along
has been we will do everything in our power to address the type of fence, so there is no
threat to their property or to ours. We will provide the screening that the city has, in its
objective in the fencing requirements, but we also expect them to deal responsibly with
their own ditches in a way that they would have the obligation to do so and not try to
impose on us items that we cannot deal with, because it is not on our property. All in
all, Madam Mayor, I think that this project can be completed in a way that the city would
be pleased and improved in accordance with your Comprehensive Plan and we ask for
your approval.
De Weerd: Okay. Staff, I guess I have just a point of clarification on the well. Now, is
the well going to be located on -- at this project?
Watson: Madam Mayor, Council Members, our staff engineer has been trying to
negotiate with the applicant for a while, a week or two. It's one of those deals where we
haven't felt comfortable with the number enough to even bring it to you, so we would like
to have one there, but we haven't come to any agreement on price. As you recall with
Meridian City Councll
February 24, 2004
Page 64 of 88
another well in the Silverstone project, we don't really like to have these open ended
anymore, so this condition number four in the annexation recommendation is exactly
what that is, it looks to me like an open-ended negotiation that will work out some day.
If I could --
De Weerd: So, Brad, just to clarify what you just said is this well is not being suggested
to be donated.
Watson: No, not at aIL
De Weerd: And they have to have this well in order to have this development.
Watson: Not this well, but there needs to be an additional water supply to the upper --
to the high pressure zone and that's what I need to explain, because, obviously, I need
to give a basic explanation of the water system out there. Everything east of Locust
Grove Road, roughly, is in a high-pressure zone, everything west is in the low pressure
zone. The low pressure zone has adequate supply right now, so there are similar
projects being approved up and down Locust Grove Road and I would be more than
happy and actually require that staff put the same condition on any project that comes in
from now on on the east side of Locust Grove Road. Some of the neighbors have
testified that Bruce Freckleton said at the Planning and Zoning Commission meeting
that our whole system is at capacity. That's not quite true. The high-pressure zone --
we are at the straw that's breaking the camel's back. The low-pressure zone is okay.
De Weerd: And that's on the east side.
Watson: On the east side.
De Weerd: Okay.
Watson: What we are trying to do with this option I was describing earlier is take some
of that supply that we have in the low pressure zone and push it up over into the east,
so we are not -- we are not just pushing something from point A to point B for the sake
of this project, it's an option to make this work. Not only this project, but other projects
on the east side. I think there is great misunderstanding on what's going on here. But
my final point is we can go through all the legalities of this and they can get approved,
but when it comes time to build a building and we don't have fire supply or fire protection
out there, there is no way I'm going to release those building permits. I mean that's
what it comes down to. They are going to have an additional water supply before there
is a building permit ever issued.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: Madam Mayor. 11m sorry.
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De Weerd: That's all right.
Bird: Bruce, is this -- or ~- Bruce. Brad, is this a temporary fix bringing that over from
the low pressure to the high pressure? And if we are worrying about fire protection, how
are we protecting this existing subdivision? I know of an instance that somebody went in
to get a permit in this existing subdivision and Ada County turned them down, because
of the fact they did not have a fire hydrant within 300 feet. So, in our ~- we are -~ rurally
we are protecting that area out there. Now how -- so, if it's fire protection, what's the
difference between this one and the one that's going in?
Watson: Councilmember Bird, Madam Mayor, which subdivision are you speaking of?
Bird: Star Lane and the one -- what is it called? Heritage. Heritage.
Watson: Oh, we don't serve that subdivision.
Bird: I know you don't, but you're saying fire protection. We do fire protect it.
Watson: Right. I'm talking about fire flows.
Bird: Okay.
Watson: Not necessarily fire protection in terms of districts. Back to your original
question, is it a temporary thing? Maybe. It depends on the development patterns out
there. It could turn into a long-term thing. I don't know if it will be there 50 years from
now, but for the foreseeable future it would be. It would be installed.
Bird: To follow up, what does Edinburgh and the subdivision up there, have they got
their own wells within the ~- how are they being water serviced?
Watson: CouncHmember Bird, they are served off the very same line that -- and that's
the point I was trying to make. This is the straw that's breaking the camel's back. We
have served them and we can serve them and Westborough came in and it's five lots
and there is a school there, there is not really that much demand. When you throw
another 300 some odd -- well, close to 300 residential units on, you know, you're just
eating up the capacity and you can only put so many people on a plank to cross a canal
before it breaks and -- any other project that comes in on the east side is going to have
the very same comment until there is additional supply.
De Weerd: Brad, I guess also in the testimony it was talked about all the private wells
and I know we drill really deep, but will it have any affect on the existing wells?
Watson: Madam Mayor, I don't even pretend to play geologist, hydro-geologist, but
ours are much deeper, usually into the third or fourth aquifers below these. Normally, in
the northern part of the impact area they are confined aquifers -- in other words, we are
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artesian pressures, which normally means that they are confined and they don't
interaction with those other aquifers. I can't say that that's going to be the case here for
sure; we haven't drilled a test well yet. It's a long way of saying I don't know. I don't
think so, but I don't know.
De Weerd: It looks like Ms. Butler has additional testimony.
Butler: Thank you.
De Weerd: Were you sworn in at the swearing in process?
Butler; You know, I was not.
De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and
nothing but the truth, so help you God?
Butler: Yes.
De Weerd: Thank you. State your name and address.
Butler: Joann Butler, 251 East Front Street, on behalf of the applicant. A couple of
comments: We have had a couple of discussions -- or I have had a couple of
discussions with your attorney on this and just a couple of comments on the well issue.
I appreciate your comment on the draw down issue. Obviously, that's something the
city will have to, for the neighbors, prove, as they do any well and if that happens with
all of your municipal wells and I think that -- I just mention this for the neighbors, they
are, obviously, protected through that process that you have to go through with the state
agencies. We -- although we have not been able to have the staff quantify it for us what
the -- what the critical need for the water is and that hasn't been quantified, they are
saying that it is. There have been projects approved out in this area where there has
not been a request for a well lot or a source of supply. Now, we are not being asked to
give a source of supply or well, we were asked if we would donate a well lot -- or not
donate, but to give a well lot that would be -- because it's a regional slot, something that
would serve this entire area, it would be negotiated in terms of the purchase price and I
did talk to your attorney about that. Unfortunately -- and he suggested it would be better
if we had that done before we had come to the Council, but the timing was not such that
we could accomplish that. One thing I did suggest -- and more than happy to do this
tonight with the Council, if you want to move into executive session on that, we can
always do that, just to finish that up for staff, so if they want to get that done. But it is --
the site is a regional site, it allows the city to come in and put in a regional source of
supply. We would -- as Mr. Wardle mentioned, we would, then, be held as anybody
else, at the city's time-table and so we do not believe, nobody else in the area has been
asked to stop their developments, we were asked -- we would ask that we would be
approved. It, then, puts the burden on the city to get this done, but it sounds like the
city is trying desperately to get this done and we are more than happy to work with the
city to get the well lot in place, so that they can do the test well and move to get this
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source of supply in place. We were a little concerned becausej as Mr. Wardle said, it
sounds like the city is saying that no one can be served, but I don't necessarily hear that
from Mr. Watson, so we hope that you will work with us, get the well lot in place, and go
forward with that.
De Weerd: Mr. Nichols.
Nichols: Madam Mayor, Ms. Butler, are you saying that staff hasnlt given you the data
to show you that what they are telling you is correct about the water supply? I'm not
understanding.
Butler: Madam Mayor, Mr. Nichols, I will turn to my engineer, but I believe that's the
case. Correct. That's correct.
Nichols: So, would your client be more comfortable if Public Works had adequate time
to present all of the appropriate studies and to do whatever was necessary to show that
to you?
Butler: My client will tell me if I'm wrong in saying this, but I don't think we are saying
that -- if you're saying that this is a critical need, we will take you at your word and help
provide that well lot and help facilitate the city going forward to put in that source of
supply. We are saying that we have not received anything that quantifies the critical
need, but we understand that you're saying that we can work with you to get the well lot
in to facilitate the city going forward.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Ms. Butler, are you stating that you're willing to donate the lot?
Butler: No, we weren't. And the reason for that was this, that the well lot serves the
entire region, and whether the city were to reimburse itself by negotiating with us for the
region-wide well lot by getting reimbursement from other developers that also will be
utilizing this source, that's fine. Or if you were willing to do a reimbursement agreement
with us for that -- I mean that would be fine, but it is not a lot that is necessarily solely for
this development, which is the only reason we say we would not donate it.
De Weerd: Mr. Watson, I guess I have a question on -- is this -- a lot in this area, even
considered in our budget at this point? I mean as I understand it, a lot would have to be
purchased and drilled to -- everything that was approved before now can be serviced,
it's just right now we can't service additional development, because of the situation we
have with our water, but is this even in our budget to consider buying a well site and
drilling a well that we had not anticipated? I understand that service delivery should be
planned for, if we are at capacity and cannot adequately serve this, then, we can budget
for it and plan for it and that's the normal course; correct?
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Watson: Madam Mayor, technically speaking, no, there is -- there is not a budget line
item for -- I don't even know what number this would be anymore. We are up 26, 27,
28, somewhere in there. The one at Westborough I think we are calling 27. So, this
would be 28, which hasn't been budgeted. But if we got to that point and you directed
us, we would work with finance to do what we needed to do, I guess, mid year as far
budget amendments.
De Weerd: I guess it's just like our sewer, we are not ready to -- when we don't have
budget and planned for that sewer, it happens when it ~- when we have plans for that.
Watson: Right.
De Weerd: I guess I find this unusual that we haven't really heard this kind of request
that --
Watson: Madam Mayor, I think we are losing site of what I opened up with. We think
we have a solution that we can take and run with and we do have budget for that in our
line extensions program~ The only thing is that, yeah, I guess that does put the control
back in the city's hand, but that's better than having a drop dead date where we have to
have a well drilled by. I mean it has to be a cooperative thing back and forth.
De Weerd: Well, no, I appreciate that you as a staff are trying to accommodate this, but
as we look at our service needs, we can't -- we can't accommodate every single thing
that walks in the door at risk of something else and I guess that's all I'm saying is we
have a budget process and a planning process and this isn't anticipated. The amount of
growth out in that area has not been anticipated or it would have been in our budget
process, because we are obligated to the property owners to provide service in a logical
manner and it just seems like the tail is wagging the dog.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: And maybe Ms. Butler wants to address this, but I guess to follow up on what you
have said and what Mr. Watson said, I guess my understanding of what Mr. Watson's
proposal is is a compromise to allow this developer to begin working on the project, but
without those conditions we'd just turn it down, because we don't have the capacity to
serve this project right now. So, unless -- I mean our option is agree to the condition,
don't agree to it and drill this well, which we don't have a budget for, or turn it down. It
doesnlt sound like that created options for you. The other thing I guess I want to ask,
too, and maybe we can get a little more information, I have seen developments by this
developer and they are always pretty top notch. The stuff that we are looking at is
great. That fence is the ugliest thing I have ever seen. That canlt possibly be the best
solution for that ditch. I mean I recognize we have got an issue regarding burning of
ditches and trying to make sure we have noncombustible fencing and not just having a
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February 24, 2004
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chain link fence and having -- I understand that. But it can't possibly be that. I mean
there must be something better than that. I mean I recognize wrought iron fencing is
expensive, but maybe you or someone else can address that a little bit more, but I
mean that's, to me, on the water issue is I think we are stuck with one of three things,
we either turn this down, you can agree to that condition about service, or you can wait
until we get around to building it and we are going to have to turn it down, because we
are not ready to build it yet.
Butler: Mr. Nary -- Joann Butler again. Madam Mayor, if I could say this, then. I think
that we have to keep this in site as well. We have been willing to take the staff on faith
that they are saying that the city is at capacity and thereby working with the city to
provide a well lot so a source of supply can be provided by the city. But If you are going
to deny this project, then, you have do it with a reason -- based on reasonable
standards and we do not have the information, other than staff just saying the word we
are at capacity and, therefore, if you were going to deny it, I think that the city has to
base it on something like a clear engineering outline of -- that you clearly are at capacity
and that this cannot be served.
Nary: Didn't the Mayor already offer you that, to get that information anyway?
Butler: Well, I'm just saying that if -- we are willing to work with the city and not say that
the engineers need to go through that exercise, but I'm saying that if you were to deny
us, I think that the issue there is you need the information on which to base the denial
and in that case I think we do need the information. And the Council needs the
information. In any event, I hope that you will listen to the application and help us work
with you to get that source of supply in. Thank you.
Buckley: I'm Ed Buckley, 1788 East McMillan, just across the road from this
subdivision.
De Weerd: And did I swear you in in the group process?
Buckley: Yeah. but I'm wanting to tell you about -- I'm on my second well --
De Weerd: And if I can just swear you in real quick.
Buckley: Pardon?
De Weerd: If I can please swear in your testimony.
Buckley: Yes.
De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing
but the truth, so help you God?
Buckley: I do.
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De Weerd: Thank you.
Buckley: I have been living where I'm at 25 years and I was there about three years
and my well went dry and I have dug -- had another well drilled and the water outfit
measures it every other year. It's been dropping a foot a year -- the last six or seven
years it's been dropping a foot a year. So, I'm concerned of them drilling wells out
there, that they are going to take all the water we got out of our wells say a hundred feet
deep and --
De Weerd: I understand your concern. I think from what our staff member had said,
when the city goes in and drills for a municipal well, they are far below what a normal
well that is -- that is drilled for an individual resident and I could not even pretend to offer
you any suggestions on that, but, Brad, do you have any response to that? I think Ms.
Butler stated some state code protection and I don't even know what that's about.
Watson: I apologize, Madam Mayor, I had a very brief conversation with the applicant
during his testimony, if--
De Weerd: He was just mentioning that he had to drill a second well for his home and
that well has been dropping a foot a year and I think some of the conversations and
what the applicant stated as being the state protecting their water, do you have any
suggestions or anything to offer --
Watson: Madam Mayor and Council Members, I could give some anecdotal -- not even
evidence, but some stories that I have heard -- is the conventional wisdom among the
hydro-geological consultant community, I guess, is that because all of this ag land is
being taken out of production, that the shallow aquifer is dropping and that this is going
to continue to happen. We were in a seminar last fall with the director of water
resources and he echoed those same comments, that -- he didn't attribute it to anyone
cause, but he did acknowledge the fact that the shallow aquifer is an artificial aquifer
created by irrigation and that it's a very serious issue that water resources has to
address in the coming years and that's about all I can --
De Weerd: But the city drilling a municipal well, it taps into different aquifers than what
would affect their level of wells; is that not correct?
Watson: Madam Mayor, when we do a test well -- or when we drill a production well,
we do a test pump and we monitor other properly licensed wells that we can find in the
area. Not -- you know, maybe in this area there could be hundreds, so not every one,
obviously, but a representative sample. If these are individual wells to a house, they do
not likely have a water right associated with it, because the state allows an individual
house to just get a drilling permit and put a well in. Those aren't in the catalog. If there
is an irrigation right associated with it, then, yeah, it might have a water right. So, we
could certainly put -- if this gentleman wants to contact me, we can put his name on the
list and when and if we ever do drill in this area, we can monitor his well during testing --
Meridian City Council
February 24, 2004
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or during pump testing to see what happens, but we do monitor those wells during
pump tests.
De Weerd: Okay. Thank you, Brad.
Buckley: I have one more concern.
De Weerd: Okay.
Buckley: I was wondering about the canal going through there, if they are fencing it in
or tiling it or what -- how is the irrigation canal going to work that?
De Weerd: Okay. I believe that was going to be an amenity, you are not tiling it, but it
was a pathway amenity. Okay. They will leave that open.
Buckley: Okay. Thank you very much.
De Weerd: Thank you, sir. Did I swear you in during the process?
Yorgason: You swore me in.
De Weerd: Thank you.
Yorgason: That's correct.
De Weerd: If you will state your name and address.
Yorgason: My name is Dave Yorgason with Capital Development. The address is 6200
North Meker Place in Boise. I stand and recognize that we have had a lot of discussion,
not only tonight, but the last probably three weeks on this well site. It was an item of
discussion, certainly at Planning and Zoning -- in fact, about 80 percent of the
conversation was on the well site and since that time we have -- I have had a lot of
discussion with city staff, it's Layne Grady who works under Brad Watson. I have a lot
of items on this well site. I have a folder on it, I have some water details on it, faxed
over is a list of lots of things, location for the test well, the well site itself, agreeing on the
landscaping on the well site, the well house, noise protection, driveway parking,
landscape maintenance, who will do it, and utilities they need, power and other utility
stubs to it and, lastly, the purchase price. And I think we are almost there in our
discussions with city staff. Everything except for price is resolved or nearly resolved.
And even on price I don't think we are that far apart. That's what they have told me and
that's what we feel as well. But we haven't finalized it and it was the recommendation
from staff that maybe we ought to -- if we feel so strongly that we ought to come before
Council to have some discussion. I don't know if it's wise to have all the discussion here
in the Public Hearing, if an executive session is more appropriate, if it's more
appropriate and maybe that's my thoughts tonight is we table this for the next week to
not debate this for an hour or ten minutes, whatever it would take. We have talked to
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appraisers, we have talked to a lot of folks with -- and I'm not talking about after the
plat's approved what the property is worth, but just what the ground is worth today, farm
ground price, potential for development, plus what impact there is to the homes there
closely nearby. Therefore, those lots would be sold at a lesser price. And that is all that
we have been asking. We are not asking for the final plats approval and we want
improvements in front of the price, we just feel like we are just asking for a fair price and
-- but if it's the Council's decision to table it, so we can have this resolved, we support
that, if that's what you would prefer. If you'd rather go another direction, I look for your
advice, but we feel like we are not asking for a lot, we are just asking for something that
is fair in this instance. I'll answer any other questions you might have, but I feel it was
appropriate I stood here regarding the well site.
De Weerd: Thank you. Council?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Mr. Yorgason, one of the things Mr. Wardle showed us by that photograph was I
think his intent was to show us that a majority of the homes along that southern
boundary are towards the southern end of their property, I'm assuming his argument
being there is no need to have a restriction of two story homes, just so they would be
overlooking people's backyards, but most of the time that's what people don't want is
the two story home overlooking their backyard, so would you comment on at least your
feelings about that, because that's a fairly common type of condition we place on most
residential subdivisions is to not have homes overlooking the other people's back yards,
so it sounds like Mr. Wardle didn't want that, so maybe you could give us your insight
as to that, too.
Yorgason: Madam Mayor, Councilman Nary, that is our feeling as well. We strongly
feel like we do not want to have those -- that restriction placed upon those lots, for a
couple different reasons. One is we have also intentionally designed those lots deeper
than most residential lots. Those are not a hundred feet deep, they are at least 130 feet
deep, to 160 to 170 feet deep, which significantly helps in that buffering, that separation
of housing, if you want to think of it that direction. The homes will not be up against the
back lot lines, of course. Our homes will be closer to our streets. As we walked up and
down our property line and looked at their properties, there is a variety of housing there.
There is homes that have been there for a long time, well maintained, and a lot of
homes are not even close to well maintained by comparison to what we wlll be doing
and I don't mean that to offend anyone here, but we will be providing a very nice, high-
end quality subdivision. I was shocked to hear the 40,000-devaluation, because once
they saw the homes go in, I think that property is going to be worth another 40,000
dollars, not knowing what his site looks like, but our homes will be very quality homes
along that area. We have tried to provide a subdivision that enhances the community, it
will have a lot of amenities to it and that, alone, will also enhance the property values to
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February 24, 2004
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the surrounding areas, just based on the subdivisions that we have done and the
experience that appraisers have told us.
Nary: Madam Mayor, if I could?
De Weerd: Mr. Nary.
Nary: Well, Mr. Yorgason, I guess maybe, then, one of the thoughts I had is -- then,
what you're saying makes some sense, but maybe what, I guess, to provide, again,
some buffering -- again, that's usually the same concern everyone has is having a
second story overlooking their back yard and sort of inhibiting their usage of their back
yard, but since these lots are deeper and a majority of the homes that are currently on
this site to the south are more towards the front, that doesn't mean they will always be
there, but maybe r guess as a compromise, what would you think about saying -- having
a larger buffer between your lots and the back fence, so they aren't overlooking if they
want to be two story or if they didn't want to be two story -- if they wanted to be a single
story you would not have to have such a large buffer. Do you think that would work?
Yorgason: Madam Mayor, Councilman Nary, one question comes to my mind. Do you
have an idea of what that buffer would look like? Because we have already -- we think
we have thought through this a little bit, we haven't just given lots that are a hundred
feet deep or shallow, deep lots -- I mean there is ideas of landscaping, we can make
sure there is some trees when these homeowners landscape their yards. In our
covenants we can require some additional trees and not two foot trees, we require
significant landscaping on all these properties, but that way that the properties when
they are built, because there is no concern until there is a home and once they are
landscaped -- and that's one idea, but we think we have already put some thought into it
with the -- with the separation. I don't know if you're thinking a different number than we
have already proposed, but --
Nary: Something like that. I mean I think that's fine and the other thing, Mr. Yorgason, I
mean as I said before, I mean I have seen many of the projects your company has
developed and they are all very top notch, but could you talk about that fence a little bit?
I mean -- really, I know a lot of times I just -- but it really -- I have seen a lot better and
I'm sure you have, too. I can't imagine that's the best you can come up with is a chain
link fence with that Christmas tree. That's just -- I'm sure there has got to be better
alternatives.
Yorgason: Madam Mayor, Councilman Nary, that is correct. We don't feel any different
than what you just said. That's why I think staff was a little confused on our position on
this Hedge Link product. When we went to the Planning and Zoning Commission we
hadn't yet received all the information on the Hedge Link, it was just something we
came across at the National Homebuilders Convention in Las Vegas a few weeks ago.
Once we had it -- the product actually shipped to us, got some more information and
looked at the website -- not our favorite choice.
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February 24,2004
Page 74 of 88
Nary: Okay.
Yorgason: We recognize wrought iron is a really good choice, we have actually looked
at that and this is one of our preferences. That's, actually, the direction we are leaning
right now.
Nary: Okay.
Yorgason: We want to have -- it goes in direct correlation with the higher end homes
we have that will be buffering -- or not buffering, but along that same south boundary of
our subdivision.
De Weerd: Yeah. I don't see higher end homes --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: The south border; as Mr. Nary was talking about, with the homes and stuff, I'm
quite well acquainted with that area out there that -- the existing homes and there is a
lot of two stories out there and so on the same token, you worry about the subdivision
and looking into there, there is a lot of big buildings out there that back up -- most of the
houses sit out on the road in that particular area. I don't have any problem with that. I
do have a problem until we get this well site done. I'm not for moving forward with this
subdivision. I think it's -- as Mr. Yorgason stated, we can work this out within a week or
so between staff and them -- 11m not going to get hung out to dry like we did on the last
one. That's my only--
De Weerd: Any other questions. Okay. Thank you.
Yorgason: Thank you.
De Weerd: Council? What would you like to do?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: If the other Councilmen agree with this, lId like to see these three continued until
next week and have our staff and Mr. Yorgason or Capital Development workout an
agreement on a well lot out there. I'm not for taking the low density water and moving it
over. I think we have done it one too many times. If we are going to do it, we are going
to have to go with our own well, so that's what I -- I would move, if it's agreeable with the
other two, to continue public hearings 16, 17, and 18 on the Settlement Bridge
Subdivision until March 2nd, 2004.
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February 24, 2004
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Nary: Second, but, Madam Mayor?
De Weerd: Mr. Nary.
Nary: Mr. Bird, I mean -- or maybe Mr. Watson would be best to answer that. I mean is
one week enough? I mean that really puts the staff in a pretty tight bind to get
information back to us within about two days, really, when you set it over a week.
Would two weeks be better?
Watson: Councilmember Nary, Madam Mayor, Council Members, if you would accept a
written something or other -- if it didn't have to be in your packets by Thursday and we
could meet on Friday, that works for me. But if you want it in your electronic packet by
Thursday at 5:00, then, you better count on two weeks.
De Weerd: Council, I guess staff needs to also consider where we are going to get it
from our budget and that -- I mean this is not a budgeted item and so you need to find
out how you're going to fund it. Of course, it's your decision, but we are supposed to
actually have some kind of oversight of the budget.
Bird: Do you feel comfortable with two weeks, then? Would you rather go to the 9th?
Watson: I think that's more than enough time, Councilmember Bird.
Bird: Okay. If the second agrees, I will change that to March 9th.
Nary: I'd agree.
Bird: 2004.
Nary: I would agree.
De Weerd: Okay. And, staff, you will also bring forth funding?
Watson: Yes.
De Weerd: Okay. Okay. Any further discussion? Okay. It's been moved to continue
Items 16, 17, and 18 to March 9th. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 19:
Public Hearing: AZ 03-028 Request for Annexation and Zoning of 7.98
acres from RUT to R-8 zones for proposed Cobblefield Crossinfl
Subdivision No.2 by Initial Point, LLC -1295 West McMillan Road:
Item 20:
Public Hearing: PP 03-033 Request for Preliminary Plat approval of 40
single-family building lots and 7 common lots on 7.98 acres in a proposed
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February 24. 2004
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R-8 zone for proposed Cobblefield Crossin~ Subdivision No.2 by Initial
Point, LLC - 1295 West McMillan Road:
Item 21:
Public Hearing: CUP 03-059 Request for a Conditional Use Permit for a
Planned Development for reduced requirements for frontage, lot size,
minimum house size and street side building setback in a proposed R-8
zone for proposed Cobblefield Crossin~ Subdivision No.2 by Initial
Point, LLC -1295 West McMillan Road:
De Weerd: Okay. Items 19, 20, and 21 are all on the same application. If no one
opposes, I will open all three items, 19, AZ 03-028, PP 03-033, and CUP 03-059, for
Cobblefield Crossing Subdivision No.2. I'll open the Public Hearing with staff
comments.
Powell: Madam Mayor, Members of the Council, this is Cobblefield Crossing
Subdivision No.2, the property just to the south was platted as Cobblefield Crossing
Subdivision No.1. And as you will see to the east of the black line there is the little
strip and, actually, Cobbfefield Crossing Subdivision NO.2 does include that little spit of
land that goes out there. It is a request for annexation and zoning and a preliminary
plat. They have requested R-8 zoning. As you can see, there is nothing that shows up
in the aerial. These are the Baldwin Park Subdivisions, moving up north. We had some
difficulties getting the electronic copies from the applicant in time to get them on the
presentation, so I'm going to have to kind of go back and forth between various media,
so excuse me for a moment. This is the revised layout -- and I'm just going to point out
a couple things to you. You see here the street stubs to the east where prior it was a
cul-de-sac street, as you see here. Just briefly, this, again, is the Cobblefield
Subdivision No. 1 as it adjoins. This begins Cobblefield No.2. It is a fairly small
development. And by small it's 40 single family building lots and seven common lots on
7.9 acres. This is the landscape plan. We do need to add a condition of approval, if
you choose to act on this tonight, we do need a revised landscape plan. It has not been
included as a condition of approval. This comes forward from the Planning and Zoning
Commission with a recommendation for approval. At the Public Hearing Rod Ralphs of
Initial Point, LLC, testified in favor of the applicant. There were two neighbors that
spoke in opposition to the project, in particular about concerns about irrigation water.
There were no changes to staffs initial recommendations -- maybe we will have to say
there was some confusion when this was at the Planning and Zone Commission.
Planning staff had not received a copy of a revised plat, so there was a little bit of last
minute evaluation. We have met with the applicant since, then, to discuss some
concerns and, again, that goes back to this layout and the concerns that -- the
unanswered question at that time was whether or not there was sufficient open space in
this application to compensate for what Cobblefield No. 1 was losing. As I said, there
was kind of a -- there was a 50 foot stretch that went up there and they had a workout
station and kind of pathway amenity in that stretch that was -- had been modified by this
application and because we hadn't seen the revised submitted from -- the planning staff
wasn't aware of a revised submittal, we were unsure if it met the necessary
Meridian City Council
February 24, 2004
Page 77 of 88
requirements. We have gone through in detail with the applicant and we are now
satisfied that they have met the amenity requirements and open space requirements for
Cobblefield No. 1 and Cobblefield No.2, both separately and together, that we are
convinced they have met those minimum amenity requirements of two per subdivision.
So, we have satisfied that. And those were the primary outstanding issues and I think
we have resolved that. The applicant has provided -- they asked me to show -- they are
actually proposing some attached units also in this location and through here and they
may yet tonight -- there was some discussion about whether some of these units would
be attached as well and I do have their attachment -- copy of their attached units.
These, again, are attached single-family dwellings. The last one you saw there was two
garages out in front. On this one garage will face one direction and, then, the other
garage will face the corner, so this is kind of a different design. Or it will face a shared
or a common driveway. So, it would go around the corner. Let me briefly point out how
that would be. So, like if you had one that was facing out this way, the other one -- the
garage would come in from this location and might have a driveway out there. Or if this
were a common drive, then, they would each come off -- have a side-loaded garage off
that common drive and, then, this one would face front. And I think with that I will end
staffs presentation.
Nichols: Madam Mayor?
De Weerd: Mr. Nichols.
Nichols: Anna, can you give me the date of this revised plat, please?
Powell: It should be signed on the 12th of -- that can't be right.
De Weerd: Maybe the applicant can give us the date.
Powell: Pardon us. The revised plat is dated the 12th of November.
Bird: '03? '02? '01? Or what?
Nary: Madam Mayor?
Powell: '03. It hasn't taken us quite that long to get through this process.
De Weerd: Mr. Nary.
Nary: I don't even know if you would know this answer just off the top of your head, but
1111 ask it anyway. Although this, really, isn't technically in-full, it has a lot of feel like the
developments that we have -- that are built or being built along Ten Mile, kind of a small
kind of niche sort of alternative housing, some patio homes and some attached houses,
but I don't recall what level of density those are and I don't know if you recall at all
whether this is comparable to that, because it seems like it's still fairly low density in
relation to the size, but--
Meridian City Council
February 24,2004
Page 78 of 88
Powell: The only one that's gone through since I have been here was the vertical mixed
use one where there was apartments on one portion of it and, then, apartments above
commercial on the other, so you may need to ask the applicants on the other side of the
street, because I don't know --
Nary: Yeah. I was thinking of Moser Farms and --
Powell: I'm sure they can tell you off the top of their head. I cannot. I'm sorry.
Nary: That's fine. That's good. Thank you.
Powell: It is the same developer. I assume you knew that.
Nary: Yeah.
Powell: Okay.
De Weerd: Okay. Any further questions for staff? Okay. Is the applicant's
representative here? Were you sworn in at the beginning of this process?
Ralphs: I was not.
De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and
nothing but the truth, so help you God?
Ralphs: Yes, it is.
De Weerd: Thank you. Please state your name and address.
Ralphs: Thank you, Madam Mayor. My name is Rod Ralphs, I'm here on behalf of
Initial Point, LLC, the developers of Cobblefield Two Subdivision. My address is 2730
North Greenbelt Place here in Meridian. I want to just talk a little bit about the project.
This is actually phase two of the Cobblefield project. Cobblefield One was a 15 acre
piece that comes in right here, as explained by staff, and it had an included flag lot here,
which we had a greenbelt type of a parcel with a meandering landscape path to it.
What we have done to address some of the open space concerns -- and, again, I'd just
like to emphasize the staff has recognized that we have met and -- we have met those
amenities, but I want to talk a little bit about those. We have got a continuing theme
through this subdivision, keeping along with a steeper bit of a roof pitch, more of a look
like the north end of Boise, providing some amenities here in this neighborhood wherein
the people from Cobblefield One and Cobblefield Two would be able to share in these
amenities. Right here in this area that I'm indicating with the pointer towards the
southeast portion of Cobblefield Two we have an area that is going to be planned and
as staff had indicated, we will be submitting a revised landscape plan. But we will have
a soccer field in here. It's actually quite a long space there and we would be putting a
Meridian City Council
February 24, 2004
Page 79 of 88
soccer field in there with a goal for the youth who are going to be residing in the
subdivision. We will also have an area in here in Cobblefield Two for a tot lot,
somewhere in there with some playground type of equipment. We will continue with the
theme or the original plan of maintaining a' greenbelt pathway system, an additional
amenity, that would actually be accessible by Cobblefield One and Cobblefield Two, but
you will see we have meandering pathways that come up through here and they work
northward and, then, they tie in here to this cul-de-sac piece on the east side of
Cobblefield Two and it will wander up and it will, again, have access all the way up here
to McMillan. We have not included -- and, again, where we have met the requirements
for open space amenities, we have not included any of the landscaping or any of those
things on McMillan as part of the space count. I want to talk a little bit about the density
we are going for -- the application is for an R-8. We have 40 lots. We have one existing
home. You can see here at the entrance of the subdivision coming off of McMillan,
there is a large lot right here; that is where the existing structure currently is. The
comment by staff about the attached homes, I just want to identify those lots. We
actually have ten attached homes going in. Over here we have one, two, three, four,
and five and, then, six, seven, eight and, then, over here we have nine and ten.
Everything else would be single detached. Could we go back to that rendering, the
color rendering, please?- That describes what we are going to do. If we could zoom out
just a little bit. This actually looks, as you drive by, like a single-family residence, but, in
actuality, you have a duplex -- here is your entrance to the one side. Here is your
entrance to the second side. And, as staff properly pointed out, there would be a
common driveway -- thank you -- that would go along here with a side entry garage in
the rear of this design, but has some very attractive lines from the street and we would
be using that attached town-home look for the project and those lots that I pointed out. I
think the other question you had was about the revised plan. We had that for November
12th of '03, not year 2000, but it was .03, and it's just a continuation of what we have for
Cobblefield One. We feel like with the amenities that we have and with what Meridian is
trying to do out there in the north end to try and create neighborhoods that have an all-
inclusive feel, so they are not really having to get out on the roads and travel out to
parks, but by providing significant amenities within the project that you're able to keep
people in there and create the feeling of neighborhood within the project and that's what
we have tried to do. That's all I have got. I know there is some questions about water.
We have addressed those and we have met with staff. I wanted to go ahead and open
that can of worms right now. We have met with Nathan Draper with Settler's Irrigation.
We have correspondence from him addressing the concerns about drainage -- well, no,
the letter from Nate addressing the water supply, what has been historically done for the
remaining agricultural pieces out there. Could we go back to that layout of just the -- it
would be the aerial. If we could go to the aerial. Okay. Excellent. And I'm not even
going to pretend -- I have walked these properties, but I'm not even going to pretend to
be able to identify all of the ditches from this picture, but we have a source ditch that
comes off -- you know, there was a main source here, a main lateral that comes off,
there is a source that comes down here and I wanted to point out this property here to
the -- in here in the middle belongs to Brian and Marge English, who are here this
evening, and here to the south we have Allen and Tonya Converse and, then, this area
here that I'm indicating is Cobblefield One. This piece of property belongs to Mr.
Meridian City Council
February 24, 2004
Page 80 of 88
Ebinghouse. What we have proposed and what we have at the Planning and Zoning
Commission meeting was we had discussed the feasibility of providing pressurized
irrigation to these two pieces, because they would be continuing, at least for the time
being, as agricultural. Upon further review and in visiting with these landowners, then,
also in visiting with Settler's, what we are proposing to do is to just go ahead and
maintain what has been historically done and that is there is a supply point right here at
the two properties right in this area and it would be available to them as they have done
historically. There was a bit of concern and frustration over the semantics of the original
letter we got out of Settler's, that it wasn't specific enough and I think we are still going
to come back with another letter that's even more specific, but the one that has come to
us in the meantime has indicated that Settler's was very willing to provide the 39 miner
inches within the day of rotation and Mr. English and anyone else who wishes to
comment can illustrate that further. What it boils down to in a nutshell is that we are
going to be able to provide historically the type of water that has been provided to these
properties in the past. Okay. We've also worked with Settler's in making sure that the
control of the flow coming off of the head-gate does get shut off. One of the concerns
that happened last year is as Cobblefield One was going in and some of the other
developments there you're showing to the south was the water was always in the ditch
and it was very difficult for the property owners to go in there and maintain and keep the
weeds out of it. So, we feel we have got a control on that as well. I wanted to point out
one other area here that was a point of concern from last summer and that was the
drainage. Historically, the water would come down here -- and, Brian, you're going to
have to clarify if I stub my toe here a little bit, but there would be a waste or drain ditch
that would wander here through what Frank and Andrea Fisher's place use to be and,
then, would dump out here towards the borrow pit before crossing over here to the Buse
property, which is going to be Bridgetower. Well, for whatever reason, there was not --
this was not provided for last year and so there was a significant accumulation of water
between this and some other problems with the developments that were going on here
last summer. We have addressed that. We have met with staff, we have met with
Settler's, and we are currently working on two ways to address the drainage issues.
Here where Cobblefield One is now, that ditch is gone, okay? There is roads and there
is lots and there is improvements in there. What we have done, though, at this point
here where the drainage would start is -- there is two proposals. The one that we are
looking for right now and with Settler's approval is that we would go ahead and take that
drainage and put it into the Murdoch source that feeds the Buse property across the
street. Now, if Mr. Buse or Bridgetower agrees with that in a letter, in writing, then,
Settler's is okay with that. And so they would accept the drainage water, whatever is
not used here or whatever drains off in here would go in there and be -- it would join
over here in the Buse property to the west. That's one option. If, for whatever reason,
Mr. Buse or for whatever reason it does not happen, then, we are prepared to put in
piping along here that would carry this water out to the same point where it was draining
before, before dropping out and underneath of North Linder. Okay? And I think that's it
for now. Any questions?
De Weerd: Questions?
Meridian City Council
February 24, 2004
Page 81 of 88
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Mr. Ralphs, I mean do you know -- the question I had asked earlier about the
level of density of those other types of developments and this has the same feel to me,
like the ones that are over on Ten Mile, and I think Mr. Campbell's development was the
one across the street on the -- I guess the east side of Ten Mile, but I don't know if you
have any recollection about those other housing developments and the level of density
of those.
Ralphs: I certainly do and I can respond to that. What we have got over there on Ten
Mile were two projects that we had worked. One is Mosers Farm and the other one is
called the Courtyards. The Courtyards, if the Council will remember, involved a number
of four-plexes or attached town-homes or duplexes and the density that we are looking
at in here is not anywhere near that. We are not going with anything that could even
resemble or be referenced as a four-plex. So, we have town-homes in there. The size
of the lots, as compared to Mosers, I believe are somewhat larger, but we are still going
with some attached homes. It's going to have a similar look. We kind of like that and
we think that's what the neighborhoods are going for right now and, you know, from a
marketing standpoint that's why we are going to stick with that. So, the density is R-8,
thatls what we have applied for, and -- okay. So, similar look, but I don't think it's going
to be nearly as small.
Nary: Okay. Thank you.
De Weerd: Any other questions? Okay. Thank you.
Ralphs: Thank you.
De Weerd: Okay. I have two people signed up to testify. Tanya Converse. Okay. You
must be Brian English.
English: And I'm not sworn either, so --
De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and
nothing but the truth, so help you God?
English: It is.
De Weerd: Thank you. Please state your name and address.
English: Brian English, 4650 North Linder Road in Meridian, Idaho. As Rod said, this
property here. The drain issue I think is being addressed. There is one other issue
along that fence line and we want to make sure it doesn't recur here. Our head-gate
comes off here, flows along McMillan Road to the point where the red line comes across
Meridian City Council
February 24, 2004
Page 82 of 88
the diagonal and comes down. Head-gate 29 is this line here. It's the Murdoch. Where
the Murdoch intersects our back line we have a ridge -- unfortunately, when they put the
fence in on the back of Converse's property they lowered that ridge, so that if she flood
irrigates this year, she's going to be flooding Cobblefield One, as well as her own
property. We are asking that that be part of the thing to get remedied as well. I know
that's part of the previous subdivision approval, but I ask that that not happen here, they
not [ower the ridge between the two ditches. They are going to eventually -- and I don't
know what their timing is -- pipe this. They will have to pipe the -- what's in here now.
We have not seen the plans on how they are going to do the irrigation. We are still
working with Nathan. I was down at his office yesterday and Nathan is ready to commit
the 39 miner inches for the next two years based on the development and use in the
area. After that time what's going to have to happen is these outlying properties, this
property here, and some of the other ones up and down the ditch that are small acreage
properties, what they will be doing is they will come -- he's on a different head-gate, but
they will combine the flows, so that we each get a full use of water. That's a schedule
that has to be worked out. We do not have the letter signed to work all of that out yet
and 11m asking that we hold -- Planning and Zoning recommended that as part of that
you have both Converse's and English's signature on the -- before you give final plat
approval, I'm asking that you hold to the recommendation of Planning and Zoning. We
request that when they go to develop this, both Converses and us have horses on the --
and livestock on the property. We get a little bit of notice, so that if we need to move
our animals and they want to work on the fence and stuff, we get a little advance notice,
so -- we want to work with them, because the last thing we want is one of our animals
hurt or one of them loose or one of their workers hurt because our animals got loose, so
I think that we can work together. I ask that they include in their covenants the right to
farm. Right now we still work -- we do a cutting of hay, we have three steers -- two or
three steers every summer on the property, just -- I know they have flies. We do
management, we do what we need to do, but, still, people will complain. So, I ask that
their covenants have the right to farm. And one thing we don't have worked out yet is
when they tile our supply line from this point where it goes onto their property to ours,
there is going to be cleanouts every 300 feet. Right now there is a waste points that we
can return the flow back to the ditch right here. Nathan has indicated that there is going
to have to be some type of control in that area somewhere. I need to be able to have
access to it if I'm going to control flows to our property. I am the water master right now
for 28, but we need to be able to -- if I have hay on the ground, not have the water come
across the back of my property when -- thank you, Councilman Bird, you know, you're
aware we don't want to be flooding our hay. That's my primary concern is right now we
are working with both Settler's and Cobblefield to develop and work out an irrigation
issue, but it's not done yet and we ask that before everything is final and approved that
it be done.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
February 24, 2004
Page 83 of 88
Bird: Mr. English, would you take that pointer and show me the route that you get your
irrigation? Either Ralph's -- I didn't understand him right or -- where do you come in and
where do you drain?
English: Councilman Bird, the water comes off the ditch right here. You can see the
tree. There is a concrete ditch that parallels McMillan Road, right now there is a
concrete -- it goes underneath a portion of that -- there used to be an access road here,
it goes under that and, then, there used to be a two-way box, the water that would come
to this property and this property, which are now part of Cobblefield, could be diverted
there or it would go down and there is a three way box, one way to the ditch, one way to
supply Ebinghouse, which the water comes down and comes in here and, you know?
One ditch goes this way, one ditch goes around the home lot, flood irrigates there. You
can see the corrugates. Ours would come along this red diagonal line, enter the
northeast corner of their property, flow across the back of our property, across the back
of Conversels property, and, then, the ditch used to follow the property line over to
about here, go back across to the north property line, up out -- and this line -- bright line
you can see across here, that's, actually, a waste ditch where it goes across what1s
going to be a part of Bridgetower and out to Settler's canal. Along this area here you
have both the main canal of Settler's and you're going to have the power line installed
this summer and so you can see part of the reason why we have concern with our
water, sir.
Bird: I do.
De Weerd: Any other questions? Thank you, Mr. English.
English: Thank you, Mayor de Weerd, thank you, Council.
De Weerd: Mrs. Converse. Have we sworn you in?
Converse: No.
De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and
nothing but the truth, so help you God?
Converse: It is.
De Weerd: Thank you. Please state your name and address.
Converse: Tanya Converse, 4550 North Linder. I think pretty much everything was
covered. I spoke with Rod prior to the meeting and we went over the drainage that they
are working on right now, because our drainage was completely filled in and so they are
going to work on that and they are going to try to provide us with the water that we
needed and I spoke with Rod and Doug and they said that they are going to go ahead
and fill the ground that they cut to get the fence in, they are going to go ahead and fill
that in when they work on the drainage. So, I think they handled all my concerns.
Meridian City Council
February 24, 2004
Page 84 of 88
De Weerd: Well, good. We like having these long meetings, so we can work everything
out in back; right? Okay. Is there any other testimony on this application? Okay. Does
the applicant have anything you wanted to add? Okay. Council?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I take it from Mr. Ralph's not wanting to add anything, then, the concerns that Mr.
English raised or the things that he would like to see, you don't any objection to that?
Ralphs: None whatsoever.
Nary: Okay.
Ralphs: I just wanted to point out it's been customary for us when we have come before
you with other projects to put in the notice of the right to farm, not only in the covenants,
but also on the final plat, so everyone knows about it and, then, we are just going to
continue to work with Mr. Draper at Settler's making sure that everyone has water and
the drainage they need.
Nary: Great. Thank you very much.
De Weerd: Thank you. Okay. Council, what would you like to do?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: The first thing I'd like to do is close the public hearings on 19, 20 and 21, AZ 03-
028, PP 03-033, CUP 03-059.
Wardle: Second.
De Weerd: Okay. It's been moved and seconded to close the public hearings on 19, 20
and 21 for Cobblefield Crossing Subdivision No.2. All those in favor say aye. All ayes.
Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Any further discussion? Mr. Wardle.
Wardle: Madam Mayor, I move that we approve AZ 03-028, annexation and zoning for
Cobblefield Crossing Subdivision No.2, to include all staff, applicant, and public
comments.
Meridian City Council
February 24, 2004
Page 85 of 88
Nary: Second.
De Weerd: Okay. It's been moved and seconded to approve AZ 03-028. Is there any
further discussion? Mr. Clerk, will you call roll.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. Item 20.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle?
Wardle: I move that we approve PP 03-033, preliminary plat for Cobblefield Crossing
Subdivision No.2, to include all staff, applicant, and public comments and to include a
condition of a landscape plan as noted by staff.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve PP 03-033. Is that to
make sure that the conditions state the right to farm act? I didn't notice that being a
condition, so just to make sure that's on there. Okay. Any further discussion? Okay.
Mr. Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. Item 21. Mr. Wardle.
Wardle: Madam Mayor, I move that we approve CUP 03-059, Conditional Use Permit
for Cobblefield Crossing Subdivision NO.2.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve CUP 03-059. Is there any
further discussion? Okay. Hearing none, Mr. Clerk.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 22:
Ordinance No. AZ 03-026 Request for
Annexation and Zoning of 5.11 acres from RT to C-G and I-L zones for
Meridian City Council
February 24, 2004
Page 86 of 88
Cortabitarte Annexation by Jack Cortabitarte - south of East Fairview
Avenue, and west of North Eagle Road:
De Weerd: Thank you, Mr. Clerk. Okay. Item 22 is Ordinance 04-1066 on -- well, Mr.
Clerk, will you, please, read this by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1066, an
Ordinance finding that Jack G. Cortabitarte and Isaac F. Cortabitarte, the owners of
certain real property generally located on the south side of Fairview Road, halfway
between Locust Grove Road and Eagle Road, State Highway 55, Meridian, Idaho, the
rear portion of the property to be used for a parking lot expansion for Food Services of
America, and the front portion of the property to be -- is proposed for C-G zoning and
which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada,
State of Idaho, and have made a request for annexation in writing to the Council and
that the said land be annexed to the City of Meridian and zoning designated Light
Industrial District (I-L) and General Retail and Service Commercial (C-G), and declaring
that said land, by proper legal description as described below, be a part of the City of
Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or
parts thereof, in conflict herewith, and directing the city engineer to add said property to
the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of
Meridian to file a certified copy of the ordinance and map of the areas to be annexed
with the Ada County recorder, auditor, treasurer, and assessor and the State Tax
Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section
63-2215.
De Weerd: Thank you, Mr. Clerk. You have heard the reading of Ordinance 04-1066
by title only. Bruce, if don't -- if you want this read in its entirety, you're not invited back.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I ask unanimous consent that we read Item 23, ordinance on Razzberry Crossing
before we make a motion.
Item 23:
Ordinance No. AZ 03-034 Request for
Annexation and Zoning of 11.31 acres from RUT to R-8 and L-O zones for
proposed Razzberrv Crossinq by Carl and Bonnie Reiterman - south of
East McMillan Road and west of North Locust Grove Road:
De Weerd: Thank you. Mr. Clerk, will you, please, read Ordinance 04-1067 by title
only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1067, an
Ordinance finding that Carl Reiterman and Bonnie Reiterman, the owners of certain real
property generally located on the west side of Locust Grove, south of East McMillan
Meridian City Council
February 24, 2004
Page 87 of 88
Road, Meridian, Idaho, to be known as Razzberry Crossing Subdivision, and which lies
contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of
Idaho, have made a request for annexation in writing to the Council and that said land
be annexed to the City of Meridian and zoning designated Medium Density Residential
District (R-8) and Limited Office District (L-O) and declaring that said land, by proper
legal description as described below, be a part of the City of Meridian, County of Ada,
State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict
herewith, and directing the city engineer to add said property to the official maps of the
City of Meridianl Idaho, and directing the Clerk of the City of Meridian to file a certified
copy of the ordinance and map of the areas to be annexed with the Ada County
recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of
Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215.
De Weerd: Thank you, Mr. Clerk. Council, would you like to make a motion?
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: I move the approval of Items 22 and 23, Ordinance No. 04-1066 for Cortabitarte
Annexation and Ordinance No. 04-1067 for Razzberry Crossing, with suspension of
rules.
Wardle: Second.
De Weerd: Thank you. It's been moved and seconded to approve Items 22 and 23,
Ordinance 04-1066 and 04-1067. Is there any further discussion? Hearing none, Mr.
Clerk, will you please call roll.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. Council, I will be having Peggy call a meeting between Mr. Bird,
myself, and CGA and the County. I will ask Mr. Bird to also attend that. I know Peggy
had gotten copies to each of you on this proposal for professional services on the site
selection process for City Hall. Would you like that on the agenda next week? Is that
something, Keith, that we can discuss and the next steps at that meeting?
Bird: I think we need to discuss the next steps. My opinion, Mayor, is that -- that I don't
think we are quite ready for something like that. We need to get a little farther down the
line ourselves.
De Weerd: Okay.
Bird: Because we have no idea of what site we need, really, until we get --
Meridian City Council
February 24, 2004
Page 88 of 88
De Weerd: But you all did get that?
Bird: Yes, we did.
De Weerd: It may be as we firm up our space needs that this person dovetail at the end
of that, so at some point if you will make sure to read that and get comments to Keith,
we can also have that as part of the discussion. I would entertain a motion to adjourn.
Bird: So moved.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to adjourn. All those in favor say
aye.
MOTION CARRIED: THREE AYES. ONE ABSENT.
MEETING ADJOURNED AT 11:40 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
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DATE APPROVED
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WHITE PETERSON
ArrORNEYS AT LAw
KEVIN E. DINIUS
JULIE KLEIN FISCHER
CHRISTOPHER D. GABBERT
WM. F. GIGRAV, HI
T. Guy H,\LLAM H
JILL S. HOLINKA
JOHN R. KORMANIK +
WILLIAM A. MORROW
WILLIAM F. NICHOLS **
WHITE PETERSON, P.A.
CANYON PARK AT THE IDAHO CENTER
5700 E. FRANKLIN RD., SUITE 200
NAMPA, IDAHO 83687-7901
TEL (208) 466-9272
FAX (208) 466-4405
CHRISTOPHER S. NVE
PHILIP A. PETERSON
TODD A. ROSSMAN
TERRENCE R. WHITE ++*
* Also admitted in CA
*" Also admitted in OR
*** Also admitted in W A
March 16, 2004
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
Re:
KEVIN HOWELL I CEDAR SPRINGS SUBDIVISION NO.5 I
FINAL PLAT - (FP-04-012)
Dear Will:
Regarding the above referenced matter, please find enclosed the original of the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the
Mayor and yourself. Please serve a copy ofthe ORDER upon the Applicant, with a Certificate of
Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office.
If you have any questions, please give me a call.
Very truly yours,
Wm. F. Nichols
z:\ Work\M\Meridian\Meridian 15360MlCedar Springs Sub No.5 FP-04.0 I 2\ClerkFPltr 03 16 04.dcc
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF KEVIN
HOWELL FOR APPROVAL OF 12
COMMERCIAL BUILDING LOTS
AND 5 COMMON LOTS ON 8.55
ACRES IN AN L-O ZONE FOR
CEDAR SPRINGS SUBillVISION
NO.5, LOCATED
APPROXIMATELY Y2 MILE WEST
OF N. MERIDIAN ROAD ON THE
SOUTH SIDE OF W. McMILLAN
ROAD, IN THE NE ~ OF SECTION
36, TAN., R.IW., MERIDIAN,
IDAHO
CIC 02/24/04
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CASE NO. FP-04-012
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 24,2004, 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: City Council Date: February 24, 2004,
to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning
Department, commented at the hearing, and the Council having considered the requirements of
the preliminary plat the Council takes the following action:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT 1 (FP-04-012)
Page 1 of 4
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING CEDAR SPRINGS SUBDIVISION NO.5,
A PORTION OF THE W Y2 OF THE NE y,j OF SECTION 36 TOWNSHIP 4 NORTH, RANGE
1 WEST, BOISE MERIDIAN MERIDIAN, ADA COUNTY, IDAHO 2004, 11922-
Drafting\dwg\Phase5\11922PH5FP1.dwg, 01/20104, HANDWRITTEN DATE: 1-22-04, SHEET
1 OF 3, HOWELL-MURDOCH DEVELOPMENT CORP. - DEVELOPER, J-U-B
ENGINEERS, INC. - ENGINEERS", Kevin Howell, 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: City Council Date: February 24,2004, listing 14 SITE
SPECIFIC REQUIREMENTS and 4 GENERAL REQUIREMENTS, a true and correct copy of
which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference
incorporated herein, and the additional requirements from the action of the Council taken at their
February 242004 meeting as follows, to-wit:
1.1 Adopt the Recommendations of the Central District Health
Department as follows:
The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that
plans must be submitted to and approved by the Idaho Department
of Health and Welfare, Division of Environmental Quality for
central sewage and central water; that run-off is not to create a
mosquito breeding problem; and it is suggested that stormwater be
pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality; that engineers and architects should obtain current best
management practices for stormwater disposal and design a
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT 1 (FP-04-012)
Page 2 of4
stormwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
1. State of Idaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And Counties. Prepared by the Idaho
Division Of Environmental Quality, July 1997.
2. Stormwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Department, May 2000.
1.2 That the reference to U stick Road within the Staff Report dated:
City Council Date: February 24,2004 has been revised to reflect
the correct road being McMillan Road instead of Us tick Road. (See
the attached Staff Report as Exhibit "A".)
2. The final plat upon which there is contained the Certification and signature ofthe
City Clerk and the City Engineer veri tying that the plat meets the City's requirements shall be
signed only at such time as:
1. The Plat dimensions are approved by the City Engineer; and
2. The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash has been issued
guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be filed with
the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT! (FP-04-012)
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 take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action ofthe City Council at its regular meeting held on the
21-*
day of
&~r-
, 2004.
By:
Tammy d erd
Mayor, . y of Meridian
Attest:
By~~-~1Jr
Dated:
3-11--/l~t
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Z:\Work\M\Meridian\Meridian 15360M\Cedar Springs Sub No.5 FP-04-012\01'derFP.doc
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04~012)
Page 4 of 4
j
MAYOR
Tammy de Wecrd
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CITY HALL
(208) 888-4433 - Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887.221l - Fax 898-9551
CITY COUNCIL MEMBERS
Keith Bird
William LM. Nary
Shaun Wardle
Charles M. Rountree
LEGAL DEPARTMENT
(208) 466.9272 - FAX 466-4405
STAFF REPORT:
City Council Date: February 24,2004
To:
Mayor, City Council and Planning & Zoning Commission
Sonya Allen) Planner I JIl
Bruce Freckleton, Senior Engineering Tech ~
Cedar Springs Subdivision No.5
From:
Re:
· Request for Final Plat Approval of Twelve (12) Commercial Building Lots
and Five (5) Common Lots on 8.55 Acres in an L-Q Zone for Cedar Springs
Subdivision No.5, by Kevin Howell (File No. FP-04-012)
We have reviewed the above-referenced submittal and offer the following comments, as
conditions of approval. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
APPLICATION SUMMARY
The applicant, Kevin Howell, has requested approval for the fifth phase of Cedar Springs
Subdivision, located approximately If2 mile west of N. Meridian Road on the south side of W.
Ustick McMillan Road. This phase includes 12 commercial building lots and 5 common lots
on 8.55 acres ofland. (Per action of the City Council taken at their February 24, 2004, Ustick
Road should be McMillan Road.)
The submitted final plat complies with the approved preliminary plat (PP-02-027). The
preliminary plat was approved under the name of Cedar Springs North Subdivision.
Staff recommends approval of the final plat for Cedar Springs Subdivision No.5 with the
comments and conditions stated in this report.
LOCATION
The subject property is located approximately Y2 mile west ofN. Meridian Road on the south
side ofW. Ustick McMillan Road, in the NE 14 of Section 36, TAN., R lW.
EXHIBIT "A" 1 OF 4
Mayor & City Council
Hearing Date: February 24, 2004
Page 2 of 4
(Per action of the City Council taken at their February 24, 2004, Ustick Road should be
McMillan Road.)
SITE SPECIFIC REQUIREMENTS
1. Applicant is to meet all terms of the approved preliminary plat (PP-02-027) and non-
development agreement (lnst. No.1 03192357).
2. Submit compaction test results to the Meridian Building Department for any building
pads within lots receiving engineered backfill.
3. Any drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge within a period of time not to exceed 24 hours for all storms
up to and including a 100-year storm event. Side slopes within drainage areas shall not
exceed 3: 1.
4. Street signs are to be in place, water system shall be approved and activated, pressurized
irrigation system approved and activated, drainage lots constructed, perimeter fencing
installed, and road base approved by the Ada County Highway District prior to applying
for building permits. All development improvements shall be installed and approved
prior to obtaining certificates of occupancy. A letter of credit or cash surety in the
amount of 110% will be required for all fencing, pathways, landscaping, pressurized
irrigation, sanitary sewer, water, etc., prior to signature on the final plat.
5. The Landscape Plan prepared by The Land Group, Inc. dated 1/21/04 is approved as
submitted.
6. Sanitary sewer service and municipal water to this development shall be via extensions
from mains being installed in previous phases. 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 form of easements, for any mains that are required to provide service.
7. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
8. Developer shall coordinate mailbox locations with the Meridian Post Office.
9. The applicant has indicated that this phase will be a continuation of the Settler's
Irrigation District pressure inigation system being installed in previous phases. The City
of Meridian requires that pressurized irrigation systems be supplied by a year-round
EXHffiIT "A" 2 OF 4
Mayor & City Council
Hearing Date: February 24,2004
Page 3 of4
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.
10. Complete the Certificate of Owners and accompanying Acknowledgment.
11. Please clarify the dimensions north of Lots 6-8, Block 37 as it is hard to determine which
lines they refer to.
12. Please correct the distance shown along the north boundary (566.31 '), as the length of
the easement as it appears to be in error.
13. Please add or revise the following plat notes:
(l0. & 14.) Complete the recording information lines.
(12.) Correct spelling of "access".
(16.) The bottom elevation of structural footing shall be set a minimum of 12-inches
above the highest established normal ground water elevation.
Clarify the maintenance responsibilities between notes 7 and 14, as they are now in
conflict with each other.
14. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary
plat does not relieve Applicant of responsibility for compliance.
GENERAL REQUIREMENTS
1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided per City
Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate
irrigation/drainage district, or lateral users association to the Public Works Department.
2. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance Section 9-1-4 and 9-4-8. (Wells may be used for
non-domestic purposes such as landscape irrigation.)
3. Install 250-watt and 100-watt, high-pressure sodium streetlights at locations designated
by the Public Works Department. Street light contractor shall obtain an approved design
and permit from the Public Works Department prior to commencing installations.
3. Replace any tree over four (4) inch caliper that is removed from the property with an
equivalent number of caliper inches of trees. (Required landscape buffer trees will not
be considered as replacement trees for those trees that have to be removed.)
EXHmIT "A" 3 OF 4
Mayor & City Council
Hearing Date: February 24,2004
Page 4 of 4
4. Coordinate with the Meridian Public Works Department and the Meridian City/Rural
Fire Department to determine fire flow requirements. Provide a letter from the Fire
Department stating required fire flow requirements prior to final plat approval.
RECOMMENDATION
Staff recommends approval of the final plat, with the above stated comments and conditions.
EXHffiIT "A" 4 OF 4
RESOLUTION NO. 04- -1z 1
A RESOLUTION OF THE CITY OF MERIDIAN PROVIDING FOR FEES FOR
RESERVATION OF AND USE OF MERIDIAN PARK FAcnJTIES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Pursuant to Idaho Code, 50-302, the City of Meridian is required to make, and
may make, all such ordinances, by-laws, rules, regulations and resolutions not inconsistent with the
laws of the state of Idaho as may be expedient, in addition to the special powers in Title 50, Idaho
Code, granted, to maintain the peace, good government and welfare of the City and its trade,
commerce and industry; and
WHEREAS, Mendian City Code ~ 8-7-1 A provides that the City Council shall set fees for
use of parks facilities; and
WHEREAS, it is in the best interest of the City of Meridian to establish reasonable fees for
the reservation of Park facilities in the City of Meridian to preserve the peace and tranquility of the
parks, prevent overcrowding of the facilities, to provide funds for the maintenance of the parks, and
to recoup some of the costs that the City incurs as a result of processing the applications for
reservations.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
1. That the fees set forth herein and adopted are reasonable and reflect, as closely as
reasonably possible, some of the costs of the City to process the various reservations and a portion of
the Park maintenance costs.
Resolution Park Fee Use 2004
Page I of3
2. That there are hereby adopted the fees set forth below for the reservation of Meridian
Park facilities including the period of time set forth, as follows:
A. Park Shelter Reservation
Minimum Fee (1 to 50 people)
For each additional increment of 50 people, or less
$30.00
$15.00
Table Fees
Each park shelter is equipped. with a specific number of tables, which
are included with a park shelter reservation at no additional charge. At
the time of reservation, the Department shall inform the patron of the
number of tables included with the park shelter. Additional tables
(up to 8) may be reserved for an additional fee of$3.00 each.
* Maximu":ll time on grass is 4 hours; event holder is responsible for any turf damage.
Vendor must supply generator to inflate jumping toys.
The above reservation fees are for a five (5) hour period oftime. Additional fees of
$10.00 for each piece of amusement equipment will also be assessed for space used
outside the shelter, e.g. tents, astro jumps, canopies, etc. No such equipment will be
permitted unless proof of insurance in limits acceptable to the City is submitted by the
supplier of the equipment at the time a reservation is made and verified no later than
ten (10) days before the reservation. Dunk tanks will are not allowed.
B. Softball Field Reservation
$8.00 per hour
C. Alcohol Permits
Groups wishing to serve alcoholic beverages to their guests must comply with all City
and State laws and must obtain a permit. The cost of the permit is $20.00 and will
cover one six hour period only.
D. Refunds
Reservation fees may be refunded if requested in writing at least ten (10) days prior to
the date reserved. A processing fee of$5.00 will be deducted from the reservation
fee. Reservations may be canceled less than 10 days before the date hut no refund
Resolution Park Fee Use 2004
Page 2 of3
will be given. Events canceled by inclement weather will entitle the reservation holder
to reschedule the reservation at no additional charge.
E. Additional Fees
Additional fees may be assessed if any park property is damaged, or if Parks & Rec
Dept. employees must conduct excessive cleanup. The fees charged shall be based on
the estimated cost of repairs or the hourly wage of the employees (including fringe
benefit costs) whose extra duty is required.
PASSED BY THE CITY COUNCil- AND APPROVED BY THE MAYOR OF THE CITY
OF MERIDIAN, this :24--t!- day of ff6rUM!' ,2004.
APPROVED:
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Resolution Park Fee Use 2004
Page 3 of3
February 19. 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 24. 2004
a.F
ITEM NO.
REQUEST Resolution - Park Fee Use 2004
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
I DAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Resolution
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Contacted:
EmaHed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
l
AOA COUNTY RECOROER J. DAVlu NAVARRO
BOISE IDAHO 03/12104 11:19 AM
DEPUTY Kathy Ingraham
RECORDED-REQUEST OF
Meridian
AMOUNT .00
34
111111111I11111I111111111111111111111
104027941
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Jack G. Cortabitarte, Personal Representative of the Estate of Jess
J. Cortabitarte, Owner
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 2f)f!:. day of6rtLM.f/. , 2004, by and between CITY OF
MERIDIAN, a municipal corporation of the tate ofIdaho, hereafter called "CITY', and
JACK G. CORTABITARTE, Personal Representative of the Estate of Jess J.
Cortabitarte, whose address is 3115 Crescent Rim Drive, Boise, Idaho 83706, hereinafter
called "OWNER".
1.
RECITALS:
1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of
certain tract ofland in the County of Ada, State ofIdaho, described
in Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
1.2 WHEREAS, I.C. ~ 67-651 lA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition ofre-zoning
that the "Owner" make a written commitment concerning the use
or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owner" has submitted an application for annexation
and zoning of the "Property's" described in Exhibit A, and has
requested a designation of (C-G) General Retail and Service
Commercial District and (I-L) Light Industrial District, (Municipal
Code of the City of Meridian); and
1.5 WHEREAS, "Owner" made representations at the public hearings
both before the Meridian Planning & Zoning Commission and
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 1 OF 1
before the Meridian City Council, as to how the subject .'Property"
will be developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation ofthe subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
plarming jurisdiction, and received further testimony and comment;
and
1.7 WHEREAS, City Council, the 27 day of Jdhuw~,'t ,2004,
has approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the <<Findings"); and
1.8 WHEREAS, the Findings require the "Owner" to enter into a
development agreement before the City Council takes final action
on annexation and zoning designation; and
1.9 "OWNER deems it to be in its best interest to be able to enter into
this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and requests; and
1.9 WHEREAS, "City" requires the "Owner" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is
in accordance with the terms and conditions ofthis development
agreement, herein being established as a result of evidence
received by the "City" in the proceedings for annexation and
zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE20F2
NOW, THEREFORE, in consideration ofthe covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.1 "CITY": means and refers to the City of Me lid ian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue
oflaw ofthe State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
3.2 "OWNER": means and refers to Jack G. Cortabitarte, Personal
Representative of the Estate of Jess J. Cortabitarte, whose address
is 3115 Cresent Rim Drive, Boise, Idaho 83706, the parties owning
said "Property" being developed and shall include any subsequent
owner(s)/developer(s) of the "Property".
3.3 "PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned C-G and I-L attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (K and N) which are herein specified as follows:
It is the applicanCs intent to use the rear (I-L) portion of the
property as a parking lot expansion for Food Services of
America, which is immediately east of the property. The fl"Ont
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 3 OF 3
(C-G) portion will remain undeveloped until sewer is available to
the property.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner" has submitted to
"City" an application for conditional use permit, and shall be required to obtain the
"City's" approval thereof, in accordance to the City's Zoning & Development Ordinance
criteria, therein, provided, prior to, and as a condition of, the commencement of
construction of any buildings or improvements on the "Property" that require a
conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A "Owner" shall develop the "Property" in accordance with the following
special conditions:
ANNEXATION AND ZONING CONDITIONS:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department, as
modified by the Planning & Zoning Commission, as follows:
. All future uses within the boundaries of this annexation can only be approved
through the Conditional Use Permit process.
. The existing residential use may continue as a legal nonconforming use until such
time as sanitary sewer service is available to the property and at that time the
residential use of the building shall cease.
. The C-G area shall remain undevelopable until sanitary sewer service is available
to the property.
. Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service, per City Ordinance Section 5-7-517,
when services are available from the City of Meridian. Wells may be used for
non-domestic purposes such as landscape irrigation.
. Any other conditions desired by the CounciL
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE40F4
~,<,
B. Adopt the Recommendations ofthe ACHD as follows:
Site Specific Conditions of Approval
1. Upon the receipt of a development application in the future for this site the District
intends to add conditions of approval that apply to this site.
2. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in 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. Constmction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 5 OF 5
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance # 197 , also lmown 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 ofthe Ada County Highway District. The burden shall
be upon the applicant to obtain written confirmation of any change from the Ada
County Highway District.
II. Any change by the applicant in the planned use ofthe property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
C. Adopt the Recommendations ofthe Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be placed an
average of 400' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department
thru the Public Works Department.
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE60F6
4. All roads shall have a turning radius of 28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required 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.
7. The fire department requests that any fuhrre 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 oHhis
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.
D. Adopt the action of the City Council from their January 13, 2004 meeting as
follows:
For clarification:
1. Pertaining to the Staff report dated November 25,2003, and specifically under
SPECIAL CONSIDERATIONS item number 3 Split Zoning, the memo received
from Brad Watson is hereby acknowledged as being placed into public record, and
that said memo addresses the lot line adjustment for this application as follows: "I
have not yet approved the submitted Lot Line AdjustmentlRecord of Survey
(LLAlROS), but it is simply a matter of minor corrections to the ROS in order to
approve it. In summary, I will approve and sign the LLAlROS with minor
revisions once annexation ofthe subject property is complete."
2. The old fann house, which is on the front part of the property, shall presently
remain as a nonconforming use but it will be required to conform to Zoning
Ordinance when the property is sold in the future. The house presently can
remain on the well and septic until water and sewer service becomes available to
the property.
7. COMPLIANCE PERIODI CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owner" or "Owner's" heirs, successors, assigns, to
comply with Section 6 entitled "Conditions Governing Development" of subj ect
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 7 OF 7
"Property" of this agreement within two years of the date this Agreement is effective, and
after the "City" has complied with the notice and hearing procedures as outlined in LC. S
67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" consent upon default to the de-annexation and/or a reversal of
the zoning designation of the "Property" subject to and conditioned upon the following
conditions precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply
with this Agreement to "Owner" and if the "Owner" fails to cure
such failure within six (6) months of such notice.
9. INSPECTION: "Owner" shall, immediately upon completion of any
portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions ofthis Development Agreement and
all other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1 In the event "Owner" or "Owner's" heirs, successors, assigns, or
subsequent owners of the "Property" or any other person acquiring
an interest in the "Property", fail to faithfully comply with all of
the terms and conditions included in this Agreement in connection
with the "Property", this Agreement may be modified or terminated
by the "City" upon compliance with the requirements of the Zoning
Ordinance.
10.2 A waiver by "City" of any default by "Owner" of anyone or more
of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such
or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE80F8
"Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading
ofthe Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" by the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning ofthe
"Property" contemplated hereby, the "City" shall execute and record an appropriate
instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation ofthe duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owner", or by any successor or successors in
title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate
action at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
13.1 In the event of a material breach of this Agreement, the parties
agree that "City" and "Owner" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the
non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which
cannot with diligence be cured within such thirty (30) day period, if
the defaulting party shall commence to cure the same within such
thirty (30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed to cure
such failure may be extended for such period as may be necessary
to complete the curing of the same with diligence and continuity.
13.2 In the event the performance of any covenant to be performed
hereunder by either "Owner" or "City" is delayed for causes which
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such
delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 9 OF 9
allowed under Meridian City Code 912-5-3, to insure that installation of the
improvements, which the "Owner" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner" have entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates
of Occupancy shall be issued in any phase in which the improvements have not been
installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide
by all ordinances ofthe City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement,
and the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
OWNER:
c/o City Engineer
City of Meridian
660 E. Watertower Ln.
Meridian, ill 83642
Jack G. Cortabitarte - Personal
Representative ofthe Estate of
Jess J. Cortabitarte
3115 Crescent Rim Drive
Boise, Idaho 83706
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
17.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 10 OF 10
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture ofthis Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any ofthe obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including "City's" corporate authorities and their successors in
office. This Agreement shall be binding on the "Owner" of the "Property", each
subsequent owner and any other person acquiring an interest in the "Property". Nothing
herein shall in any way prevent sale or alienation of the "Property", or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the conditions and
restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute
appropriate and recordable evidence of termination ofthis Agreement if "City", in its sole
and reasonable discretion, had determined that "Owner" has fully performed its
obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" and "City"
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between "Owner" and "City",
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest
or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or
resolution of "City".
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 11 OF 11
(
22.1 No condition governing the uses and/or conditions governing development
of the subject "Property" herein provided for can be modified or amended
without the approval ofthe City COlmcil after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 12 OF 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER:
CITY OF MERIDIAN
Attest:
~~
u'~;~eWEERD
/vp1)Jr9fth~ b-v1 C;k {~~,~ Z~:24-o4--
/ r \\\\111 1i111,J ' /
,,\\\~~ Of ME.i?f;II".,.
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- - \ -
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~... ";4j II"\-. ~ "t' . ~.......
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III \,\\
I/JIIHII nH~'\
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 13 OF 13
STATE OF IDAHO )
:ss
COUNTY OF ADA )
'='\::ID ~ ^ ,. J
On this .--,1(\ day of '\-'-1(0 \l, '^,~( -) , in the year
2004, before me, a Notary Public, personally appeared Jack G. Cortabitarte, known or
identified to me to be the person whose name is subscribed to the within instrument as the
Personal Representative of the Estate ofJess J. Cortabitarte, and acknowledged to me that
he executed the same as such Personal Representative.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the d~ootl~~Jn this certificate first above written.
,......... :\.CE.L. 8 ~""#.
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(SEAL)
STATEOFIDAHO )
:ss
County of Ada )
On this ely.{.A day of 1-'t!brt(u.r~/ , in the year 2004,
before me, a Notary Public, personally appeared Tam.n.ly de Weerd and William G. Berg,
know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
"..U~II'~"
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DEVELOPMENT AGREEMhNT (AZ-03-023)
PAGE 14 OF 14
(
EXHIBIT "A"
Le2al Description Of Property
Jack G. Cortabitarte and Isaac F. Cortabitarte
Lot 1 of Pleasant Valley Subdivision, according to the plat thereof, filed in Book
12 of Plats, page 665 in the office ofthe county recorder of Ada County, State of
Idaho.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 15 OF 15
EXHIBIT "B"
Findim!:s of Fact and Conclusions of Law/Conditions of Approval
z:\ Work\M\Meridian\M:eridian 15360M\Cortabitarte Annex AZ-03-026\DevelopAgr.doc
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 16 OF 16
BEFORE THE iVJERlJ)lAN CITY COlINeIL
(,.C i)1 ) ,,,-
IN THE MATTER OF THE )
APPLTCATIOt\ FOR ANNEXATION )
A;\']) ZO.'HNG or 5.11 ACRES TO )
c-c A:'\ L) [-L ZONES, LOCATED )
ON THE SOUTH SIDE OF )
FAIRVlE\V ROAD ABOUT )
HALFWAY BETWEEN LOCUST )
GROVE AND EAGLE ROADS, )
MERIDlA!\',lDAHO )
)
,JACK COHT:\8ITARTE, )
APPLICANT )
Case No. AZ-03-026
FINDINGS OF FACT AND
CONCLUSIONS OF LA WAND
DECISION AND ORDER
GR4NTfNG APPLICATION FOE
ANNEXATION AND ZONING
The above entitled annexation and zoning appllc~HIOI1 hHvHlg Clmlt: on 1'01 puhllc h,',1:::,,'
on January 13, 2004, at rhe hour of 7 :00 p.m., and Anna Powell Planning DI recioI' for I he
PlannLng and Zoning Department, and Jack Cortabit3rte, appeared and testified, and the City
Coullcil having duly considered the evidence and the record in this matter therefore l11;:\kes the
followi ng Fi ndlngs of Fact and ConclUSions of Law, and Decision and Order:
FINDLNGS OF FACT
J. There has been compliance \vitb all notice and hearing requirements set forth in
Idaho Code g, 67-6509 and 67-65 ll, and Meridian Ci ty Code ~ ~ ! 1- 15 -5 Hnd ll-16- I.
2 The Clly Council l;\kcs .IUdlClill notice or liS Zl)1111l~. Slibcll VISll.lfl (Jnd dc\elnI1!I1l':lt
flNDLNGS Of FACT AND CONCLUSJONS or LA W
AND DECISrON AND ORDER GRANTlNG APPLlCATlON
FOR .A.NNEXATION AND ZONING FOR CORTABITARTE
(AZ-OJ-026)
PAGE I OF 18
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof.
and the Amended Comprehensive Plan oftbe City of Mericlian adopted August 6, 2002,
Resolution \"0 02-382, l1nd maps and tbe ordinance Establishing the Tmpxt Area Boulldary.
.") The property which is the subject of the application for annexation and
7.011Jn~ 15 described In the application, is approxim3tely.5 I J acres in size and is located \)11 IIle
south side of Fairview Road abollt hal1\vay benveen Locust Grove ami Llglc Roads. ;\kndlilll.
Idaho, a]1 within the Area OJ Impact oCtile City of Mefldlan ~lnd [he :\kl!c1i<:1l UI":),\I1 Sc: \J~'C
Planning Area as defined in the Meridian Comprehensm:: Plall
4. The owners of record of the subj ect property iJre Jack and [s,uc Corlelbl tane; .r <lck
Cortabitarte hl1s provided notarized consent for tbe subject application. Applicant is Jack
Corlabitarle, PO Box 8566, Boise, Idaho 83707.
5 The property is presently zoned R I (Ada County) and consists of rLlral
reSidential/pasture land,
6, The Applicant requests the property be zoned as C-G (General Retail and Service
Commercial District) and [-L (Light Industrial Districl),
7, The subject property is bordered by city limits on its c'aS{ICrn boundary. ,~ull\.:\11 L.
S. The Applicant has requested tile annexation Jnd 7.0nlng lif illl eX!Siln~, ).1) :1CI"c'" IUl
in Ada County to tbe City oflvleridian; [he additional 0,11 acres to be <i1111c.\ed is I"lgil[~o!'I\,;Y :11
Fairview Road, The front 1.46 acres is proposed as a C-G zone. The rear 3.44 ac;'es are
proposed as an I-L zone. It is the applicant's intent to use the rear (f-L) portlOn ofehe property (IS
a parking lor expansion for Food Services of America, whicb is immediately east oCthe property
fU\DI0.'GS OF FACT AND CONCLUSIONS OF LA W
;\1\D DECISION AND ORDER GRANTlNG APPLICATION
fOR ANNEXA TION AND ZONING FOR CORTABITARTE
(AZ-03-026)
Pi\GE 2 Or: IS
The front (C-G) portion will remain undeveloped until sewer is available to the property The
f\:'leridlill1 COI11pi"ehensive Plan Generallzed Land Use ivlap deslgl13!es the subject properly dS
Mixed-Use Community
9 There are signi tlcant existing trees that affect the considerati 011 0 f tillS 3pp Ilcali 011.
J 0 Giving due consideration to the comments received from the
govenullental subdivisions providing services in the City of Meridian planningjurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the publiC if the following conditions ofckvelopmcl1L are Imposed:
A Adopt lhe Recolllmendations of the Meridian Planning & Zoning Departll1em as
Illodified by the Planning & Zoning Commission, as [ollows;
Prior to the annexation ordinance approval, a Development Agreement (D.A.) shall be entered Il1lp
between the Cily of IVleridian and the propeliy owner(s). The D.A shall require [hat:
· All future lIses within the boundaries ot'this annexatIon can OIl)Y b<:' appruvcd through Ihe
COI1(htional Use Permit process.
· The ex isti ng residenriall1se m;]y conn nut as u legal noncon forming ~ISC t: III !I ~ lIC 11 tink :1:-.
sanitary sewer service is available to the properly and at that time the residentialusC' 01-
the bui lding shall cease.
· The C-G area shall remain undevelopable until sanitary se\ver service is available 10 the
property.
· Any existing domestic wells and/or septic systems within this project wil) have ((1 be
removed from their domestic servil;e, per City Ordinance Section 5-7 -517, when serVJces
are available fro.nl the City of Meridian. Wells may be used [or llon-c1ornEslic purposes
such as landscape irrigation.
· Any other conditions desired by the Council.
8 Adopt the Rec.ommendations of the ACHD as pan of the DA, as 10110\\'5:
Site Speed"le Conditions of Approval
I. Upon the receiptora development application in lhe future for thIS SllC: the Disli"lCII:il'-'lld~ l(;
add conditions or approval that apply to Ihis site.
FINDfNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GR1\NTlNG APPUCA TfON
FOR A.t,,fNEXA TION AND ZONING FOR CORTABIT ARTE
(A2-03-026)
PAGE 3 OF 18
2. Comply with all Standard Conditions of ApprovaL
Stand,trcl Conditions of Approval
Any ex 1St Il1g irrigauon facill ties shall be relocated outside 0 r th~ right-o (-wa\"
2. All utiljty relocation costs associated with improving street fronulges abutting the S!le shall
be borne by the developer.
3. Replace any existing danlaged curb, gutter and side\v,dk and any tbat rnay be danldgcd duril1~~
the construction of the proposed development. Contact Constructlon Services <II 3S!-6~S'(J
(wirl: (ile number) for details.
4. Utility street ClItS III pavement less than five years old are not allowed unless approved III
writing by the District. Contact the District's Utility Coordinator at 387-6258 (\\!~h ilk
numbers) tor details.
5. All design and construction shall be in accordance with the Ada COLlllty Highway DistriCl
Policy Manual, ISPWC Standards and approved supplements, Construction SCf'\nces
procedures and all applicable ACHD Ordinances unless specifically wnived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvemenr plaus
G Tht.: applicant shall submit revised plans for staff approval, rnor 10 issuance of buildlllg
pemlit (or other required permits), which incorporates allY required design changes
7. Construction, use and property development shall be in conf'onnnncc 'vvith 311 applic::lhk
requirements oUhe Ada County Highway District prior to District approval for oceupcm<:.:y
8. Payment of applicable road impact fees are required prior to buildill!, construe1!o:) In
accordance with Ordinance #197, also known as AdCl County Hig]1\vay Oistl'ictRoad Impac1
Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utiltties ",'.',thin the f1ghl-of-wav
The applicant at no cost to ACHD shall repair existing utilities dClm,~gecl by lht' ~lppllC;ll:l
The applicant shall be required to call DIGLfNE (1-800"342-1585) at le:Jst two flll; bus! llC'ss
days prior to breaking ground within ACHD right-of.-way. The applicant sh<:J1! C0I11:ICl
ACHD Traffic Operations 387-6190 in the event any ACED conduits (spme or iilled) ,Ire
compron1ised during any phase of construction,
] O. No change in the tenns and conditions of this approval shall be valid unless they aI's in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative ofrhe Ada COllIlty Highway District The burden shall he \Iron the
FJi\DD\GS OF FACT At'D CONCLUSIONS OF LAW
AND DECIStO~ AND ORDER GRA.l\TING APPUCA TTON
[:OR ANl\EX;-\TION AND ZONLNG fOR CORTABITARTE
(AZ-03-02G)
PAGE -4 OF 18
applicant to obtain written confimJation of any change from the Ada (oumy Highway
Dlstric t
II Any change by the applicant in the planned LJse ofllle prop~rty \vhich is (he subject ofl!m
applicallon, shall require the applicant [0 comply wILh all rules, regulations, ordinances,
plans, or other regulatory anti legal restrictions in force at the time the applic.lni or l1S
successors in interest advises the Highway District of its intent to change the pLllll1eci use of
rhe subject property unless a \vaiver!variance of said requirements or other legal leljl~f 1S
grantec1 pursuant to the taw in eiTecr at the time the change in use IS sought.
C. Adopt the Recommendations arthe i'vleridian Fire Department as pan or the GA. ;\S
!()llows
The:; Collowing will be the requirements anc!for concerns (0 provide llllllllllUf1l Ie\'c:ls or lirt'
protection for the proposed project:
I. Commercial and office occupancies will require a fire-flow consistent with the JJ1tcm~lti()l1id
Fire Code to service tbe proposed project Fire hydrants shall be plaeed an average of 40U'
apart.
") i\cceptance of the water supp{y tor fire protection will be by the I'vLenckm \Vater UCp~\rilnel'l
3 Final approval of the fire hydmnt locations shall be by the rVlericlial1 F:rc Deparrn1e.'lll thrulhe
Public Works Department
4. All roads shall have a tuming radius of28' inside and 48' outside.
5. Operatiorlal fire hydrants and temporary or pel1l1anent street signs are reqUired before combustlbk
construction begins.
() The phasing plan may require that any roadway greater thall 15Cj" ll\ kngth th,lt is Iwt
pmvldecl with an oullet shall be requlfed to have a turn around.
I, The lire department requests that any future signalization installed as the result oj" the
development of this project be equipped with Opticom Sensors to ensure a safe and efficit::llt
response by fire and emergency medical service vehicles. This cost of this illslallatiolllS to 11..::
borne by the developer
S, All access roads leading into and \\'ithIJl the project shall have a cle,1\" driving 5Llrf~lcc \\ i:!~ ,\
minimulll width of 20' available at all times.
FINDrNGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRA.NTING i\PPLICATI0N
FOR ANNEXATION AND ZONING FOR CORTABJTARTE
( f\Z~03-026)
PAGES Of IS
D. Adopt the action of the City Council from their January 13, 2004 meeting a~ follows:
For clarification:
l. Penaming to (he Staffrepon dated November 25,2003, anti speciiicltly UI](jl:r SPECJAL
CONSfDERA TrONS itel1ll1umber 3 Split Zoning, the memo received from Brad WalS01l
is hereby acknowledged as being placed into public record, and Uwt saiel memo nclclresses
[he lot line adjustment for this application as follows' "1 have !lot yet approved the
submitted Lot Line Adjustment/Record of Surve.y (LL.AJROS), but it is simply a matter of
minor corrections to the ROS in oreler to approve it. In summary, I will approve alld sJgn
the LLA!ROS with minor revisions once annexation ofthe subject property is complete"
")
The olJ Cann house, whlch is on tbe Cront pan of the properly, shall pre;scntly remain <IS a
nonconforming LIse bUl it will be required to conform 10 Zoning ()1-c1imJllCe when the
rropcny is sold in the future. The house presently can rem~lln on the \vcll and septic L1nl II
water and sewer service becomes available to the property.
11. It is found that the 2002 Comprehensive Plan Future LZlIld Use l'vJap designates Ihe
subject propeny as r/lixed-Use Community. The purpose oflhis designatloll is to IJenliJ)' key LlI<:"ilS
[oflhe City] \vhich ilfe either infill in nature or situated in highly viSible or lrallsilinlllllg arC1:'; O( the
City where inllovall ve and fleKib Ie design opporluni ties are encomagecl. The III tc.~n [ u r I !lIS
designation is to offer the developer a greater degree of design and llse flexibility, (Sec Chapter V II.
pg. 97.) The requested C-G zoning generally eOl1fonns to this stated purpose and intent ofthe!VrU-
COl1111lUlllty designation Industrial zoning does not directly fit imo the list of uses I-or the IvIU-
COllln1 un i ty cksignal ion, bu [ seems to maKe sellse gi ven the contex t [) f llle propeny and the l~lC r that
the proposed use is an extension of an existing adjacent use. The degree ofclesign ,md use Ilexibilll)'
built into the MU-Conmmnity designation will allow for the proposed zoning in the conkxt of
surrounding uses. II is also found that the follO\ving 2002 Comprehensive Plan text policies to be
applicable to this applicatlOIl:
\/1ixc.d Use Area Camp Plan Policies ([!'Om Chapter vm
FINDINGS OF F ACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABlTARTE
i .>\7.-01-02Ci)
I);\GE 6 O~ 18
e "All development within this designation will OCCLli' only under the Conditional Use
Permit process...."
The subject propertyfalls within the jvfU-CO/ll11111 mty desigllarioll and Hili rc'C/uire (;
CUP/or llny development on {he pt'OperZv. The OfJplil:WI! has sEared il ,1 i//il.'gIlCSi
to hove all fi/lure developmelll proceed rJlro/lgh till: CUP /u'occss.
e "Where mixed lise developments are ph~secl, a CQI1Ct'ptllJ] Slit' pLin f(ll" l!lC :'1:.:','
mixed use area is encouraged \vith the development applicHlOn or. depl?n,hl1:; ,"11
the scope of the development, prior to a formal devcloplllem 8ppl1catJon beHl~
submitted,";
No development application \Vas submitted "Villi {he WlIlP.lOllOlI., hul II is mlliCI/IUicd
Ihat developmenr will occur in a phased lUG/mer, SpecJjlcu/{y, !he sO/ahem jlorliOI/
of the existing IO! will be developed firsr as (ill eXfClISiol1 of Ihe Food 5'ervict:s of
America parking and loading area. The northern jJorliol/ will he a sCjx/f'(liejJtl we
COllimercial use. While it is unusual to reconunend approval H'il!101lt (! sile plall, If
is acceptable inlhis case since all future deve!opmelll H.-'ill reCjuire sep{l((-ae reHel'.
h'[rh public hearings lindeI' the CUP process,
. "Permit new. , , commercial development only where urban services can be
reasonably provided at the time of final approval and development IS contiguous lo
the City.: (Chapter lV, Goal l, Obj. A, #6)
Sewer service is not currcmly ol'atfable to the subject properry. f-/o\ Vr.!llcr. Si/lce
expansion afthe existing pClrking lor/loading area/or Food Sen:ices OjAliit'i'lUi d,X'S
not require sewer service, it is recommended approval (~/'fhe (1IlIIe.wtioll .-e(jilesl iiJ
aflow Jar the Food Services CUP application. S'illce lite Ironi is j()f" n (1IlIlre
commercial use, ir is recommended ill(/[ a nevelopmelll Agreement sWiing thar Ihe c-
O portion of the lot H'ill renwin unbuilable ili/tilurhan servicE'S lire provided 10 {h"
lot. The proposed annexatiOIl is contiguous to (he eir)-' Llfllits ami is porl a/u larger
enclave of County property surrounded by Cify proper()".
12. 11 is not anticipated that the land to be annexed will be rezoned in the future: nor hdS
the applicant indicated a desire to rezone this property again in the future. The Comprehensive Plan
does demonstrate an intention to have it annexed and zoned flS a different from the pre.sent zoning
clesign[lllOn (R [-,Ada County),
FrNDfNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTAB1TARTE
(.'\Z-03 -02G)
PAGE 7 OF 18
13. It is found that the property will be developed in a manner allowed llnd~r the proposed
zoning. The propcliy is an existing rural residential use that is transitioning to commercial and
Industrial lIses, Conditlonalllse pem1its will be required for any development proposed 011 the
properly.
14, The general vicinity of this project is ill transition from rural residential ~Ises 10
cormncrciaJlurban type development. Property Lo Lhe cast is in Treasure Valley Business Cente:'; to
the nonheast is Louie's Restaurant and Mallane Subdivision; to the nonhwest is tile i':Oi'CU
developmellt; lO the west are several transitlOnal county properlies. flnl Tree PlnD, Ecollo-Lubl:'
Subdivision, and others. [I is found that a rezone of the proposed properlY would he COlllp;;tlble
with olher land use and facility changes in the area,
15. No specific uses are proposed \.vith this application, excepl a plalUled expansion of-the
Food Services parki ng lot. It is fOLllld that any future L1ses, if designed, constructed and operated ill
accordance wi In adopted city ordinances and fu ture CUP app I ications, sl10uld be harmonl OllS and
appropriate in appearance with the existing character of the vicinity.
16. [[ is fOllnd that the intended uses 011 the su bj ect property should not be hazardous 0 r
d i slurbing to ex isting or tuwre neighbOli ng L1ses if al I development and landscape bLl ffer ordinances
are exercised
17. It is fOLlnd that sanitary sewer service to the proj ect is not cutTently a vai lable. ACHD
staff approved the proposed application on November 4, 2003, The Meridiall Fire Depanll1"'lll
submitted cond iLions regarding their abi lity to adequately service th is project. and which cundi( i OilS
are listed in number 10. above,
FINDINGS OF FACT AND CONCLUSIONS OF LA vV
AND DECrSrON AND ORDER GRANTING A..PPLICA TION
FOR ANNEXATION AND ZONING FOR CORT ABlT ARTE
(/\'2-03-026)
P/\GE 8 OF 18
18. !Capprovecl, the developer \.vill finance the future extellSIOIl orsnl.er. \\',ller. ul ill lies
and in-igation services to serve the project The primary public COSIS will be fire :mc! p(Jl:c~' 5:::'I"\':(C':';
It is found there will not be excessive additional requirements at publlc c\)st ,lilt! Ih;.tl the ,1I1nc:\;ltinn
and zoning alone \vill not be detrimental to the community's economic welfare.
19. It is found that the proposed use will create additional traffIC On acljncclli <lricn~'d
roads. The ACHD report estimates that the proposed development will generate 714 mJchtional
vehicle trips per day (10 existing). Shifting the parking and loading area of Food Services oC
America \vest may generate additional noise for surrounding properties. HO\vever, since lhe
opcr<ltion is existing, the additional noise should not be excessive. It is not anticipated that the
pl'Oposed use will CreMe smoke. fumes, gl:.lre, or odors. To comply \vith this 1:'lnding a CUP sh,!!1 be
required for rurure uses l!1 accordance with [he Comprehenslvc Plnl1 requirc'llWll.
20. it is found [hat any future uses will impact the level and nO\\ of trat'lic 011 [he
surrounding streets. Speci fie !raft~c count5 wi] I be detcrm ined al the.' [ll11e of ckve!t Ipll!tlll
application; as noted above they could be up to 714 additional trips per day. However, given the:
intention to use the majority of the property as an expanded parking and loading area for all ex iSling
business, the actual number will likely be lower. Standards for future driveway offsets are prOVided
in ACHD's report. It is alSo found that the proposed use will not create significant interferenc.e with
traffic on the surrounding public streets. Refer to ACED comments for additional detail all thiS
issue
21. ]t is found that the proposed annexation will not result in the destruction. los$ (\I'
damage or n3airal features. There are several mature trees that should be prolec(ed arolll~d [:10;
F[NDlNGS OF FACT AND CONCLUS10NS OF LA W
AND DEC1S10N AND ORDER GRANT1NG APPliCATION
fOR ANNEXATION i-\},TI) ZONING FOR CORTABITARTE
(/\.Z-03 -026)
PAGE 9 OF 18
(
existing residence. However, the area intended for parking expansion appears to be void of
significant existing trees.
22 it is found that the annexation of this propelty would be in the best interest Oft]le
City for the following reasons:
., increased cO!1lmerci al land base a vail able to [mure devdopers;
., IllcrcHsed property ta\: revenue;
. fac II i tates exp:msion 0 f an ex i s( i ng ll1dllstry; nnd
~ the C1pplic(j[lol1 substantially complie,> with the ComprdicnSIVL' PI:I:l
Additionally, it is noted that a public multi-use pathway is depicted 011 UK suhject
properly on the Comprehensive Plan. The applicant should coordinate the pathway location and
design with the Meridian Parks Depatiment prior to subrniHing furure development appJicallOI1S
on the propcliy.
?~
_..l.
It is found that if the developer pays for the requested improvernellts and compiles
with the conditions set forth in these Findings ofFacl No. iO, and aU sub-parls, tbe eCOnOlnlC
welfare of tile City ancl its residents and lax and rate payers ....vill be protected, a condition of
annexatlon ilnd zoning dcsign,lliol1.
2.:1. It IS also found thal the development considerations ,IS referenced III fllldlllS No
10 are reasonable to require and must be taken into account, in orG!;;r to ;ISSillt: tile proposed
development is designed, constructed, operated and maintained in a manner ....vhich IS harnl01110U~
and appropriate in appearance \vith the existing, or intended character of tile 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 wiJJ not be hazardous or disturbing lo the existing,
or fulure neighboring lIses, particularly considering the impact of proposed development on
FINDINGS OF r:ACT AND CONCLUSiONS OF LA W
AND DF.crSJON A:-:D ORDER GRANTING APPLlCATION
FOR AN\lEXATJON AND ZONING FOR CORTABITARTE
(,'\Z-03-026)
PAGE 10 OF 18
pOlenuallo produce excessive tratTle, nOl:;(,;, smoke, fumes, glare and odor;;
CONCL USIONS OF LA W
L The City of Meridian has authority to annex rea! properly UpOIl wrilkn rCLIt!cSI fl)r
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
ivlericlian City Code ~ 11-16 provides [he City may annex real propel1y that is within the
j\'leridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. -rhe Council n1ay rake judicial notice of govenlnlent ordinances, and poJic.ies, ~1ncl
of actual conclitions existing within the City and State.
J. "Tlie City of ;v[erictian has eXcTcls~d Irs nuthorJlY ,:111(1 re$p()~lslb:IHy ~L~ ;)(nVlclL"d hv
"Local Land UsePlanning Act of 1975", caddied at Chapter ()5. Tltk (17, JclJllO (~)dC' b,'tlit'
adoption of the Amended Comprehensi ve Plan City of l"feridian adopted .~ ugllst 6, 2002,
Resolution No. 02-382.
4. The following are found to be pertinent provisions of the City o t'Iv(eridian
Comprehensive Plan and are applicable to this Application:
Mixcu Use Arc(l Comp Plan Policies, Chapter VII and Chapter IV, Coal I, Obj, A, #6.
5. The zoning of (C-G) General Retail and Service Commercial and (I-L) Light
lndustria I are def! ned I n the Zoni ng Ordinance at S 11-7-2 K and N as follo\vs:
(C-G) General Retail and Service Commerci;:J! District: The purpose oCthe C-G Distl'lct
is to prOVide for commercial L1ses "..'hich are clIstolllmilyopcnlled entlr'~'ly or ;.lIIl)OSI L~l!t'r..:ly
Wllhlll a building; to prOVide for a review of the Impact oCplOposc:d (:~wlll1t:rci;:1 uses \\Ii:cl,
arc auto and service oriented and are located in close proxinllly to maJor higJ1\Y;IY or allen"i
streets; to fulfill the need of travel-related services as welJ as retail sales tor the Ir{ll1S1Clll ,\lId
permanent motoring public. All such dlslricts shall be connected to lllef\.'lunicipnl \'\(ller alld
FINDINGS OF F ACT AND CONCLUSIONS OF LA \V
AND DECIS[ON AND ORDER GRANTING APPLICATION
FOR Al\'NEXA TfON AND ZONING FOR CORTABIT ARTE
(AZ-03-02G)
PAGE 11 OF 18
sewer systems of the City, and shall not constitute strip commercial development and
encourage c\usleri ng of commercial development.
!\ND
(l.L) Lii!hl Industrial District: Th<.: purpose or the l-L Light In(/u:;lri:JI District 1$ ~o
pl'O\'lde for light industrial development and opportunities for em;)loYlncnl of\'l:::l"Icl:all
citizens and area residents and reduce the need to comr))ute to neighboring cillts~ to
encourage the development of manu facluring and \vho/esa It; establishments \Vlllell ,11"<::' C J,:,I: I.
quiet and free of hazardous or objectionable elements, such <IS nnlse, odor, dust. SJ11l1ke 01
glare and that are opera led entire 11' or almos! entirely wi th i 11 enc:os~d SllllCllll....:'S; I U del: IlC;lk
areas best suited for industrial development because of JOCHtlOJ1. lopography. ('\ISII112
facilities and refationship to other land uses. This Dislrict must also be III such pn)\ lJillly IIJ
ensure connection to the Municipal water and sewer systems oCtile Clly Uses inCOmp;l!ll:.\c
with light industry are not permitted, and strip development is prolllbited
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation of land, See Emt vs. The Cit\' ofIdaho Falls, 105
{daho 65. 6Cl5 P2d ] 075 (] 983)
I. The development of the annexed land, if 8nnexed, shall meef ;mel comply with tll,,'
OrdlllaI1CCS of the City of Meridian including, bur not limited to: Section 12-2--'1 wl11ch pert~lins to
development time schedules and requirements; Section l2-4.lJ, \vhich pertains to the pipil\g oC
ditches; anu Section 12-5-2 N, which pertains to pressurized IITlg,IIIOIl sy:~k'''lS_ and /(llll;\~' ,nil
Subdivision and Development Ordinance of the City of Meridl~ll1,
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordi nance the owner
and/or developer shall enter into a Development Agreement, if such is required by the CIty.
DECISION AND ORDER
NO\V, THEREFORE, BASED UPON THE ABOVE AND FORJ!.~GO[NG FINDINCS
or FACT AND CONCLusrO:.lS OF LA \V, the City Council does hereby Order and Uli:; does
rlNDfNGS OF F.'\CT AND CONCLUSrO"S OF LA \V'
AND UEClSIOJ\ AND ORDER GRA.NTING APPLICATION
FOR ANNEXAT10N AND ZONrNG fOR CORT.ABrTARTE
(:\2.03-026)
PACE l2 OF 18
Order:
1. The applicant's request for annexation and zoning ofapproximulely ).11 ~lcreS to C-
G (General Retai I and Service Commercial) and I-L (Light Indllstri al) IS granted :i ubject to the tern,s
and condi tions of this Order hereinafter stated.
2. The application is for annexation and zoning of 5.l1 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall confo1111
to all the provisions of the City of lvleridian Resolution No 158. The legal descriplion fur
,1l1l1exation lllust place this parcel COI1[lgLlouS co the Corporalc City Limir:; per Ordin<lIKc No (lSh
3. Developer shall be required to meet the conditions set forth and 111 the evcIF the
conditions herein are not met by the Developer that the property shall be subjeclto dc-annt\111illll.
\vith the City of Meridian, which provides for the following condl[ions of development, to-\V1I
A. Adopt the Recommendations of lhe Meridian Planning & ZonIng Dep,wrncl1l, a.s
moditled by the Pl8nning & Zoning Commission, as follows.
Prior to the alUlexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City ofMeridiall and the property owner(s). The DA shall require that:
. Atl future uses within the boundaries of this annexation can only be approved through the
Conditional Use Permit process.
. The existing residential use may continue as a legal nonconfom1ing use until such time as
s311it<lry sewer service is available to the property and at that time the residential use of
the building shall cease.
. The C-G area shall rernt:lil1undevelopab!e until sanitary sewer servIce is availahle In Ihe
property.
. Any' existing domestic weJls and/or septic systems \vitbin this proJ~ct \.vill have to 1\1:
removed from their domestic service, per Cir.y Ordill~ll1CC Section 5-7-5 l7, whcn SCr\ICCS
are available from the City of Meridian. Wells may be used tar !1011-chlllk'-SilC pllrpos~'3
sLlch as landscape ilTlgation,
o Any other conditions desired by the Council.
B. Adopt the Recommendations ortbe ACHD as part oftbe DA, as 1"0110\\'5:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING FOR CORTAB[T ARTE
(AZ-OJ-026)
PAGED OF18
Site Snecitlc Conditions of Approval
t. Upon the receipt ofa development application in Ihe future for thIS site Ihe District JllIcl1ds:o
add C(lmJiIIOI1S of approval thaL apply to thl:; sile.
') 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 fj'onlages abutting the site shall
be bOl11e by the developer.
3. Replace any ex jsting damaged curb, gutter and sidewalk and any that may be damaged during
the consmlction of the proposed development Contact Construction Services at 387-6280
(~vith file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
wriling by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) far details
5. All deSign and constructioLl shall be III accordance with the Ad,l COllnty HIghway I)IS[IICl
Policy !'vlanu<\L ISPWC Standards and approved supplel11ellts, Construction St'I'\'lce~
procedures and nll applicable ACriD Ordinances unless spcci flcall;: w,uved hCI\:III. A,:
engineer registered in the State ofldaho shall prepare ancl cenify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of huildlng
pennit (or other required pennits), which incorporates any required deslgn changes.
7. Construction, use and property development shall be in conformance with all rlppltcable
requirements of the Ada Counly Highway District prior to District "pproval for occupancy.
8. Payment of applicable road impact fees are required prior to building constructloll in
accordance with Ordinance #1 97, also known as Ada COUllty Highway District Road Impact
Fee Ordinance.
9. [[ is the responsibility ot"the applicant to verify alt existing utilities within the rigbt-of.way.
The a~)plicallt aL 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 Iwo full business
days prior to breaking ground Wlthll1 /\CHD righl-of-way. Tile applicant shall C,lnlaCI
FJNDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECJSION AND ORDER GRANTING APPLICATION
fOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-OJ-026)
PAGE 14 OF 18
ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare Or' filleclj an::
compromised during any phase of construction.
10. No cho.nge in the terms and conditions of this approval shall be valid unless they are ill
\'-Titing and signed by the applicant or the applicant's authorized representative anLl an
authorized representati ve oftl1e Ada County Highway District. The burden shall be upon the
applicant to obtain written confirmation of any c[lange from the Ada County [-llgh\V~i~'
D istri Cl.
II Any ch<lllge by the applicant in the plzmned llse of the property which is the subject oftlm
appllc<ili on, shall ret.i u i rc the appltCJnl to camp Iy I.I.:llh all ru Ie::., regl! bit)!):). l)rd lll~I!)CC::~,
plans. or other regulatory and Icg:'ll reslrictions 111 (l)rce at Ihe lime the ilpptJ(~ll1t 01 i:s
succeSSOl>S In j merest advi ses tile High\\'il)i DI s trier 0 r Its i men [ to chang<:: the pltHlned u~;e (,i'
the subject property unless a w<.liver!variance at' said requirements or other Jeg:d rcliet 1,'.,
granted pursuant to the law III effect at the lime (he chan~e In use IS sought.
C. Adopt the Recommendations of tile Meridian Fire Department as part or (he D".\, as
follows: '
The followlng will be the requirements and/or concerns to provide mini ll1um !evels 0 C Ii re
protection for the proposed project:
I. Conm1ercial and office occupancies will require a fire-flow consistent \\lith the International
Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400'
apart.
2. Acceptance ofthe water supply for ftre protection will be by the Meridian Water Department.
J. Final approval of tile fire hydrant locations shall be by the tvlcrichan Fire Dcparlnl<:,nl thru tile
Publlc \Vorks Depal1menL
4 All roud.:; shall have a turning radius oe2S' inside and 48' outside.
5. Operational fi re hydrants and temporary or penllanetH stret::t sIgns are I'cq ui red before comhust Ihlc
construction begins.
6. The phasing plan may require that any roadway greater than 150' 111 length that is nol
provided with an outlet shall be required to have a turn around.
7. The 11re department requests that any future signalization installed as the resul [ 0 r the
development of chis project be equipped with Opticom Sensors to ensure a safe and efficlent
fLNDrNGS OF F t\CT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING FOR CORTABITARTE
(/\2-03-026)
PAGE150F18
response by fire and emergency medical service vr:;hicles. This cost ofthls installation IS (0 be
borne by the developer
8. AI) access roads leading into and within the project shall havt' a clear drivil1.~ surJilcc wirh ,i
minirnum width of 20' available at all times.
D. Adopt the action of the City Council frOIT\ their January 13, 2004 meeting as foIJo\!.'s
For clarification:
l. Pertaining to the Staff report dated November 25, 2003, and specjfically' under SPfCJAL
CONSIDERi\TIONS item number 3 Split Zoning, the menl0 received from Brad Watson
is hereby' acknowledged as being placed into public record, and that said memo addresses
the lot line adjustment for this application as follows: "I have not yet approved the
submitted Lor Line Adjustment/Record of Survey (LLAiROS), but it is simply a matter of
minor corrections to the ROS in order to approve it. In summary, I will approve and sign
the LLAlROS with minor revisions once annexation of the subject property is complete."
2. The olJ farm house, which is on the front rart of the propeny, shall presently remmn 3S a
nonconforming use but it will be required [0 confoml to 70lling Ordin,mce whelllhc
property is sold in the future. The house presently CHn remain on the wel! ilnd septic lIm;l
water and sewer service becomes availahle to the properly
4. The Ci ly Altomey shall prepare for consideration by the City Council t:le appropn,llc
ordinance for the annexation and zoning designation ofrhe real property which is the subject of the
application to (R-8) Medium Density Residential District, and Meridian C1 ly Code 0 11- 7 -2.
5. SubseqLlent to the passage ofthe Ordinance provided for in section 4 of this Ot"der the
cngl neering staff of the Public Works Department shall prepare the appropri <1 te mapping changes or
llle u ftIcial boundaries and zoning maps as provided in Meridian City Code ~ J 1-21-] in accorrlance
with the provisions orthe annexation and zoning ordinance.
Fll'.mlNGS OF FACT AND CONCLUSiONS OF LA \'</
AND DECISiON AND ORDER GRANTING APPLICATION
FOR AN1'JEXATJON AND ZONING FOR CORTABITARTE
(AZ-03.026)
PAGE 16 OF 18
NOTICE OF FINAL ACTION
AND RlGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant Lo Idaho Code 67-8003, the Owner may
request a reguJutory taklIlg analysis. Such request must be in writmg, and lULlst be filed wilh the
Cily Clerk not morc than t\l/enty-ejghl (28) days after the final decision concerning the maltel III
Issue. A request for a regulatory takings analysis will tal] the lime period wlthm which a Petition
tar Judicial Review may be filed.
Please take notice thai this is a fi llal action of the go\'enllng boely 0 f the Ci ty 0 r [,vf cTld i all,
pursuant to Idaho Code 9 67-652l. An affected person being a person who has an interest JI1 real
property which may be adversely affected by this decision may, \vithin t\vcnty-eight (28) clays after
Ihe 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
27-rA
day of
J' ~C</L.r--_.' 2004.
ROLL (ALL
COUNCILJ\-JAN SHAUJ\' \VARDLE
VOTED$<t..-
COUNCJL!\1AN BILL NARY
VOTED~$..CL.
COUNCILMAN CHARLIE ROUNTREE
VOTED$A--
COUNCILMAN KEITH BIRD
VOTED~
FfNDfNGS OF FACT AND CONCLUSIONS OF LAW
AND DECJSrON AND ORDER GR/I.NTING APPLICATION
FOR ANNEXATtON AND ZONING FOR CORT.A..BITARTE
(.A'z'03-026)
PAGE]] OF l8
MA YOR TAMMY de WEERD (TIE BREAKER)
DATED: /-2-7-04-
\'1 OT 1 0]'\\:
APPROVED:+ DrS.A2PROVED:
VOTED
Attest:
Z:"Work'.jVl'.{v!criJ'Jn\j\.'kridiJIl 1;)()OM\Corwbil:lrte Annex AZ-OJ-02h',"'ZFtCl&Ordn (hlr
~~:: ~1eI~' ~ ~,
~ - Qv ,CO 0 ~
~ '() 'Sr ISl . -<:- {
Copy served upon Applicant, the Plannini'n-;;'d' Conl el~!:t;-re'nt, PublLC \VR/i~~IL)'MI(artl1lent and
. II ~uU . ,\' \1\1 1'/1
the CllV Attornev. (/111/- "11\\\ '\\\-1 of MER/" /(/1
' ,- ""Ilnlll' "" ~-... VI /"'1
...' a T\PO'" -11-- ,>,
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d't,,(- ... ()...... ~ ~ 0 ~
B\':~ ';dL-~P./3-e-T patecl:_l~2-_~~_~f_.__ SErAL ~
CIty Clerk ::: ~<.. ::
- ~ ~ -
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fINDiNGS Of fACT AND CONCLUSIONS Of LA IN
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 18 OF 18
",.-.
t
~ ooM'"..-'~~ ~r----q,A
ADA COUNTY RECORDER J, DAVID NAVARRO
BOISE IDAHO 03/12/04 11:19 AM
DEPUTY Kathy Ingraham
RECORDED-REQUEST OF
Meridian
AMOUNT ,00
6
111111111I111111111111111111111111111
104027947
L;rty 'vllJJ.X>. ~-~
CITY OF MERIDIAN
ORDINANCE NO. 04- Ii} 70
AN ORDINANCE FINDING THAT, CHARLES L. CREECH, SR. AND MARY M. CREECH,
HUSBAND AND WIFE, AND CLAYTON RECORD AND SUSAN T. RECORD, HUSBAND AND
WIFE, THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT 2310 E.
VICTORY ROAD AND 2384 E. VICTORY ROAD, MERIDIAN, IDAHO, TO BE KNOWN AS
SODA SPRINGS SUBDIVISION AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE
CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAVE
MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID
LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM
DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER
LEGAL DESCRIPTION AS DESCRIBED BELOW, BE APART OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS,
ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY
ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN,
IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED
COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA
COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX
COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223
AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY QF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
ANNEXATlON AND ZONING ORDINANCE (AZ-03-023) - I
SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the
City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to
the City of Meridian, Idaho, by the owners of said Property, to-wit:
LEGAL DESCRIPTION
Charles L. Creech and Mary M. Creech
property located at 2310 E. Victory Road
A tract of land located in the Southeast ~ of the Southwest ~ of Section 20,
Township 3 North, Range-l East, Boise Meridian, Ada County, Idaho, described as follows:
Commencing at the Southwest corner of said Southeast ~ of the Southwest ~ (which
is the Southwest corner of the 1/16 section and is set with a 5/8 inch iron pin with an aluminum cap);
thence
Easterly along the NOlih side of Victory Road 640 feet to a set nail, which is the REAL
POINT OF BEGINNING and which shall be the Southwest corner of the tract being described;
thence
Easterly along the North side of Victory Road 540 feet to a point, which shall be the
Southeast corner of the tract being described; thence
Northerly along a line perpendicular to the Southern boundary line described above (which is
the North side of Victory Road) 484 feet to a point, which shall be the Northeast corner of the tract
being described; thence
Westerly along a line parallel to the Southern boundary line (North side of Victory Road) 540
feet to a point on the Western boundary of the tract being described, which point shall be the
Northwest corner of the tract being described; thence
Southerly along said Western boundary line, which boundary line is the Eastern boundary of
the neighboring parcel described in Instrument No. 7760809, records of Ada County, Idaho, 484 feet
to the set nail which is the REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
Clayton Record and Susan T. Record
property located at 2384 E. Victory Road
Parcel A of Record of Survey No. 292l, recorded July 14, 1994 as Instrument No. 94066900,
being a portion of the Southeast Quarter of the Southwest Quarter of Section 20, Township 3 North,
Range I East, Boise Meridian, Ada County, Idaho.
ANNEXATION AND ZONING ORDINANCE (AZ-03-023) - 2
SECTION 2: That the above-described real property be, and the same is hereby annexed and
made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian
hereinabove described shall be zoned Medium Density Residential District (R-8).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as
the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City
of Meridian in accordance with this ordinance.
SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the
terms and conditions of that certain Development Agreement by and between the City of Meridian and
the owner of the land described in Section 1 dated the 2~ day of ~ vI...-- ,2004, and that
the uses are to be developed under the plmmed unit development process and conditional use permit
process.
SECTION 6: All ordinances, resolutions, orders or pmis thereof in conflict herewith are
hereby repealed, rescinded and armulled.
SECTION 7: This ordinance shall be in full force and effect fiom ~U1d after its passage, approval
and publication, according to law.
SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the days
following the effective date of this ordinance, duly file a certified copy of this ordinance and a map
prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian,
including the lands herein mmexed, with the following officials of the County of Ada, State ofIdaho, to-
wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultmleously a certified copy of
ANNEXA TION AND ZONING ORDINANCE (AZ-03-023) - 3
this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with
Idaho Code @63-2215 and @50-223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this q-l:f- day of
lll#U/tu ,2004.
APPROYE_l}BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 1-13 day of
/htVU41,../ ,2004.
;
~}-~
MA YOR. - '( de WBERD
STATE OF IDAHO,)
: SS.
County of Ada )
On this qIj., day of Ma,ch. , 2004, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known
to me to be the Mayor and City Clerk, respectively, ofthe CITY of Meridian, Idaho, and who executed the
within instrument, and acknowledged to me that the City of Meridian executed the same.
ANNEXATION AND ZONING ORDINANCE (AZ-03-023) - 4
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
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ANNEXATION AND ZONING ORDINANCE (AZ-03-023) - 5
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ADA COUNTY RECORDER J. DAVID....~ARRO
BOISE IDAHO 03/12104 11:19 AM
DEPUTY Kathv Ingraham
REC.O~DED-REQUEST OF 1111111111111111111111111111111111111
Meridian 104027942
AMQUNT .00
5
CITY OF IVIERIDIAN
ORDINANCE NO. 04- / () 66
AN ORDINANCE FINDING THAT, JACK G.CORTABITARTEAND ISAAC F. CORTABITARTE.
THE OvVNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF FAIR VIEW ROAD, HALFW A YBETWEEN LOCUST GROVE ROAD AND EAGLE ROAD/SH
55, MERIDIAN, IDAHO, THE REAR PORTION OF THE PROPERTY TO BE USED FOR A
PARKING LOT EXP ANSION FOR FOOD SERVICES OF AMERICA, AND THE FRONT POR TION
OF THE PROPERTY IS PROPOSED FOR C-G ZONING AND WHICH LIES CONTIGUOUS OR
ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF
IDAHO; HAVE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND
THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED
LIGHT INDUSTRIAL DISTRICT (1-L) AND GENERAL RETAIL AND SERVICE COMMERCIAL
(C-G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS
DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF
IDAHO: REPEAUNG ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN
C'ONFLlCT H EREvVITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO
THE OFFICIAL IvIAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF
THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND ivlAP OF
THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR. TREf\SLJRER
AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO.
PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
ANNEXA'rION AND ZONING ORDINANCE (A2-03-026) - I
SECTION 1. FINDINGS: That the following described land is contiguous and adjaccnt to the
City of Meridian, Idaho, and that the City of Meridian has received a written request for unnexation to
the City of Meridian, Idaho, by the owners of said Property, to-wit:
LEGAL DESCRIPTION
Jack G. Cortabitarte and Isaac F. Cortabitarte
Lot I ofPleusunt Valley Subdivision, according to the plat thereof, filed in Book 12 ofPlals,
page 665 in the office of the county recorder of Ada County, State ofIdaho.
SECTION 2: That lhe above-described real propel'ty be, and the same is hereby annexed and
made a part of'the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City ofMeridiun
hereinabove described shall be zoned Light Industrial District (I-L) and General Retail and Servicc
Commercial District (C-G).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as
the official zoning maps, comprehensive plan and all official maps depicting the boundaries ofche City
of Meridian in accordance with this ordinance.
SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the
tcrms and conditions of that certain Development Agreement by and between the City of Meridian and
the owncr of the land described in Section 1 dated the
day 0 f
, 2004, and that
the uses arc to be developed under the planned unit development process and condilionaluse permit
process.
SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict here\vith arc
hereby repealed, rescinded and annulled.
ANNEXATION AND ZONING ORDINANCE (AZ-03-026) - 2
SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval
and publication, according to law.
SECTION 8: The Clerk of the City of Meridian shall, within ten (iO) days following the days
following the effective date of this ordinance, duly fde a certified copy of this ordin8ncc and a rnap
prepared in a draftsman manner plainly and clearly designating the boundaries of the City oflvleridian.
including the lanels herein annexed, with the following officials of the County of Ada, State of Idaho. to-
wit: the Recorder, Auditors Treasurer and Assessor and shall also fIle simultaneously a certified copy of
this ordinance and map with the State Tax Commission of the State of Idaho, all in complinnce 'vvith
Idaho Code 963-2215 and 950~223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
I5tbru Wi tj , 2004.
APPROVED BY THE MAYOR OF THE CITY OF IVIERIDIAN, IDAHO, this 2-.+11:- day of
,Eizhy-u.a/tJ ,2004.
?A.f3..
?-i day of
MAYOR 1 ..T. de WEERD
ATTEST: \\\11 lit I /(IIi
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First Reading: 2- -2-1---0 h 7c, & ff
~ Q q) "
Adopted after first reading by Stl.s1~1 ~XJf51~e ~~~llowed pursuant to Idaho Code 50-
907 y \/" N....;r ;..; ~ ,"
_ es:.x.... 0 //,.,' . 00,' f"I"-"" ~ ....,....,,,
S I R ! . '" .- I " . " "
econc eac lIlg: - i",;,,;. ,f ;,;ill,II"
Third Reading:
ANNEXATION AND ZONING ORDINANCE (AL-03-026) - 3
STATE OF IDAHO,)
: ss.
County of Ad;)
On this ;;.~ day of --::JebrL{q,r~ ,2004, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAM Y de WEERD and WILLIAM G. BERG, JR., known
to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the
within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year iirst above written.
(S EAL)
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ANNEXATION AND ZONING ORDINANCE (AZ-03-026) - 4
6 ~~~ D'35"JL---:- -r:REAl POINT: 88~NING
7 8 2652.47'
c. P. & r. NO. 9381.109
PROPOSED ZONE
C G
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N 89'34'35' E 193.61'
LOT 2
BRENDA MIYAKE & STEVEN HOPPE
R7104250250
-J p...,,-\...€--<
p.Sp...\'l~\S\OI'l
-p\..'t: s0eO\
~ E. FfoJFMYI /o.'itNUE
5 (US IN(( 30)
PUBUC ---.
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8
f
VII
~I
~.I
LOT 1
THaWS T. & JUDITH WRIGHT
R8525101800
I .
~II R-j
~ LOT 1
~ .w:l( C. /I; IS.IJt f. CORT/IlllT/lllE
l"l R71~25005
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ill
PROPOSED ZONE
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LOT 4
FOOD SERVICES OF AMERICA
R8525102600
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FOOO SERVICES OF AMERICA
R852510JlJOO
I I
I 1
L--
S 89'34'35' W 193.79'
LOT 6
CONSOUOATEG ffiEIGHIWAYS CORP.
R8525103500
BLOCK 2
RUT
LOT 7
OON.AJ.O K. BAANOT
R7104251530
/}4--/~66
BRIGGS ENGINEERING, INC.
(~)
(208) 344-9700
1800 W. OVERLAND ROAD * BOISE. IDAHO 83705
ANNEXATION EXHIBIT
FOR
JACK ~ORTABITARTE
A PORTION OF LOT 1, PLEASANT VALLEY SUBDIVISION
LOCATED IN THE NW 1/4 OF SEC110N 8. T.3N., R.1E., B.M.
MERIDIAN. ADA COUNTY, IDAHO
DWG DA IE: I DWG NO. I SCALE:
O~ /22 /03 C:~M ?Ofl11 NT<;;
I=)(~IRIT
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 03112/04 11:19 AM
DEPUTY Kathy Ingraham
RECORDED - REo.UEST OF
Meridian
AMOUNT .00
5
111111111I111111111111111111111111111
104027943
CITY OF MERlDIAN
ORDINANCE NO. 04- 1&67
AN ORDINANCE FINDING THAT, CARL REITERMAN AND BONNIE REITERMAN, THE
OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF
LOCUST GROVE, SOUTH OF EAST McMILLAN ROAD, MERIDIAN, IDAHO, TO BE KNO\VN
AS RAZZBERRY CROSSING SUBDIVISION AND WHlCH LIES CONTIGUOUS ORAOJACENT
TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO;
HA VEMADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT
SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED
MEDIUM DENSITY RESIDENTIAL DISTRICT (R-S) AND LIMITED OFFICE DISTRICT (L-O);
AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED
BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO;
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO
THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI<. OF
THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF
THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER
AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO,
PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR A NO THE COUNCIL 0 F T HE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described lanel is contiguous and adjacent to the
City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to
the City of Meridian, Idaho, by the owners of said Property, to-wit:
ANNEXATION AND ZONING ORDINANCE (AZ-03-034) - 1
LEGAL DESCRIPTION
RAZZBERRY CROSSING
ANNEXATION DESCRIPTION
A parcel ofland being a portion of Lot 10, of Crestwood Subdivision No.1, as filed in Book
28 of Plats at page 1757, Records of Ada County, Idaho, and Locust Grove Road located in the
Northeast 14 of Section 31, TAN., R.IE., RM., Meridian, Ada County, Idaho, and being more
particularly described as fo]]ows:
Commencing nt an aluminum cap monument marking the Northeast corner of said Section
3 I, from which the East 'l'4 corner of said Section 31 bears S 00"33' 41" W, 2659.03 feet;
thence along said East boundary line, S 00033'41" W, for a distance of 1329A2 feet;
thence leaving said East boundary line, N 89"46'30" W, for a distance of 33.00 feet to the
Northeast corner of snid Lot 10;
thence continuing N 89"46'30" W along the North boundary of said La! 10. for a distance or
208.71 feet to the REAL POINT OF BEGINNING;
thence continuing along said North boundary N 89"46'30" W, for a distance of 1404.26 reet
to a point on the South boundary ofHavasu Creek Subdivision NO.2 as filed in Book 87 of Plats at
Page 9875 of Ada County Records;
thence S 00034' 16" W along the West boundary line of said Section 10, for a distance of
332.50 feet to the Southwest corner of said Lot 10 (formerly described as S 00002'20" W, 332.36
feet) ;
thence S 89043'01" E along the South boundary of said Lot 10, for a distance of328.99 feet
to a 5/8 inch diameter iron pin marking the Northwest corner of Lot 11 of said Crestwood
Subdivision No.1 (formerly described as N 89039'49" E, 329.31 feet);
thence S 89047'46" E continuing along the South boundary of said Lot 10, for a distance 0 f
1317.04 feet to the East boundary of said Secti on 31;
thence N 00033' 41" E along said East boundary, for a distance 0 f 123.64 feet;
thence leaving said East boundary N 89046'30" W, for a distance of241.71 feet;
ANNEXATION AND ZONING ORDINANCE (AZ-03-034) - 2
thence N 00033' 41" E, for a distance of 208.71 feet to the North boundary of said Lot 10, and
the REAL POINT OF BEGII\TNING, containing 11.41 acres ofland, more or less,
SECTION 2: That the above-described real property be, and the same is hereby annexed and
made a part of the Ci ty 0 f Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian
hereinabove described shall be zoned Medium Density Residential District (R-8) and Limited OrTiee
District (L-O).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as
the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City
of Meridian in accordance with this ordinance.
SECTION 5: All ordinances, resolutions, orders or parts thereofin conflict herewith are hereby
repealed, resc indecl and annulled.
SECTION 6 This ordinance shall be in full force and effect from and after its passage, approval
and publication, according to law.
SECTION 7 The Clerk of the City of Meridian shall, within ten (10) days follo\ving the days
following the effective date of this ordinance, duly file a cet,tifiecl copy or this ordinance and a map
prepared in a draftsman manner plainly and clearly designating the boundaries oCthe City oCMericlian,
including the lands herein annexed, with the following officials of the County of Ada, State ofIclaho, to-
wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of
this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with
Idaho Code 963-2215 and 950-223.
ANNEXA TION AND ZONING ORDINANCE (AZ-03-034) - 3
/I/f.-
PASSED BY THE COUNCIL OF THE CITY OF IVIERlDIAN, IDAHO, this 2,-day of
&brt{d/L.-! ' 2004.
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APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this U -- day of
/5!GruJb1-ff' ,2004.
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ATTEST:
ST A TE OF IDAHO,)
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County of Ada
On this ;<cj-ll..- day of iebrlUU'Y , 2004, before me, the unclersigned, a Notary
Publlc in and for said State, personally appeared TAMMY de WEERD and WILUAM G. BERG, JR., known
to me to be the Mayor ancl City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the
withill instrument, and acknowledged to me that the City of Meridian executed the same.
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ANNEXATIO~4'~NE),rt)N[NG ORDINANCE (AZ-03-034) - 4
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February 19, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT Capital Development
AZ 03-033
February 24, 2004
ITEM NO. 3,,8
REQUEST Findings - Request for annexation and zoning of 10.05 acres from RUT to R-8 zones
for proposed Baldwin Park Addition - north of West Ustick Road and east of North Under Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: 5i Wt/ ~ N ~ \ ~ / Date: J / 2S -O~ .
Emailed: 3\^^Jl/ taft Initials: ~
Materials presented at public meetings shall become property of the Cityl f
See attached Findings
JrJ
~
FEB 'I Oi
; V
WHITE PETERSON
KEVIN E. DINIUS
JULIE KLEIN FISCHER
WM. F. GIGRAY, III
T. GUY HALLAM"
WILLIAMA. MORROW
WILLIAM F. NICHOlS"
CHRISTOPHERS. NYE
PHILIP A. PETERSON
TODOA. ROSSMAN
DAVlDM. SWARTLEY
PAMELAJ. TARLOW
TERRENceR. WHITeH
NICHOLASL. WOLLeN
ArrORNEYSATLAw
NAMPA OFFICE
5700 E. FRANKLIN RD.,
Surre200
NAMPA. IDAHO 83653-8402
TEL. (208) 466-9272
FAX (208) 466-4405
*Also admitted in OR
** Also admitted in
WA
February 18, 2004
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re: JOHN L. KENNEDY / ANNEXATION AND ZONING FINDINGS I AZ ORDINANCE &
CERTIFICATION OF CLERK I SUMMARY ORDINANCE AND SUMMARY ORDINANCE
COVER LETTER I AZ-03-033
Dear Will:
Please find enclosed the original ofthe 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 February 10, 2004, and
which are on an upcoming Council agenda.
Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk
for the annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions
have been adopted, then please place this ordinance on the City Council agenda. This ordinance
should not be passed until the Findin2s of Fact and Conclusions of Law and Decision and
Order Grantin2 Application for Rezone are adopted. Additionally, I have enclosed a Summary
Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council
at the same time the full annexation and zoning ordinance is presented to Council for approval.
If you have any questions arise, please advise.
Very truly yours,
Wm. F. Nichols
Z:\Work\M\Meridian\Meridian 15360M\Baldwin Park Addition AZ-03-033 PP-OJ-038\FFCLand ORD and SUM ORD Clerk Ltr 0218 04.doc
BEFORE THE MERIDIAN CITY COUNCIL
CIC 02/10104
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 10.17 ACRES )
FOR PROPOSED BALDWIN PARK )
ADDITION SUBDIVISION, )
LOCATED APPROXIMATELY )
ONE-HALF MILE NORTH OF )
USTICK ROAD AND ONE-HALF )
MILE WEST OF MERIDIAN ROAD, )
WITHIN SECTION 36 OF )
TOWNSHIP 4 NORTH, RANGE 1 )
WEST, MERIDIAN, IDAHO )
)
CAPTIAL DEVELOPMENT, INC.,
APPLICANT
Case No. AZ-03-033
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on February 10, 2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the
Planning and Zoning Department, Steve Arnold, and Ann Christoph, appeared and testified, and
the City Council having duly considered the evidence and the record in this matter therefore
makes the following Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. There has been compliance with all notice and hearing requirements set forth in
Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDITION SUBDIVISION
(AZ-03-033)
PAGE 1 OF 12
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the hnpact Area Boundary.
3. The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 10.17 acres in size and is located
approximately one-half mile north of Us tick Road and one-half mile west of Meridian Road,
within Section 36 of Township 4 North, Range 1 West, Meridian, Idaho, all within the Area of
hnpact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the
Meridian Comprehensive Plan.
4. The owner of record ofthe subject property is John Kennedy, and Mr. Kennedy
has provided notarized consent for Capital Development, Inc. to submit the subject applications.
Additionally the applicant, Capital Development, Inc., whose address is 6200 N. Meeker Place,
Boise, Idaho 83713, is in the process of purchasing said property but as of yet a closing date has
not been set.
5. The property is presently zoned RUT (Ada County) and is currently vacant.
6. The Applicant requests the property be zoned as R-8.
7. The subject property is bordered to the north by Baldwin Park Subdivision, to the
south by an agricultural use, to the east by the Cedar Springs Development, and to the west by a
single- family home on a large agricultural parcel.
8. The Applicant proposes to develop the subject property in the following manner:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDITION SUBDNISION
(AZ-03-033)
PAGE 2 OF 12
A residential subdivision (71 building lots and 7 common/other lots on 19.07 acres).
9. The Applicant requests zoning of the subject real property as R-8, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which designates
the subject property as Medium Density Residential.
10. The White Drain lies contiguous to the north boundary of the subject property and
is a feature that will need to be protected.
11. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance Section 5-7-517 . Wells may be used for non-
domestic purposes such as landscape irrigation.
B. Adopt the site specific requirements, conditions of approval and street improvements, which
are required, ofthe Ada County Highway District listed in their report dated January 8, 2004.
C. Adopt the Meridian Fire Department's Recommendations as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400'
apart.
2. Acceptance of the water supply for fire protection will be by the Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDITION SUBDNISION
(AZ-03-033)
PAGE 3 OF 12
Water Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will
be submitted to the Public Works Department. Ail curbing in front of fire hydrants shall be
painted red for 10' on each side of the installation.
4. Ail roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required before combustible
construction begins.
6. The phasing plan may require that any roadway greater than 150' in length that is not provided with
an outlet shall be required to have a turn around.
7. The fire department requests that any future signalization installed as the result 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. Parking is to be restricted to one side on the 42' street section.
12. It is found that the requested zoning designations ofR-8 is harmonious with and in
accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates
the land to be "Medium Density Residential". 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. The requested zoning designation for the annexation and zoning property (10.17
acres) is R -8. The property that was previously annexed by the City (8.9 acres) is currently zoned R-
8.
13. Concurrent with the annexation and zoning application, the applicant has submitted a
preliminary plat proposing single-family lots on the subject site (Baldwin Park Addition Subdivision,
PP-03-038). It is not anticipated that the applicant plans to rezone the subject property in the future.
14. It is found that the proposed, concurrent, residential subdivision could be allowed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONlNG FOR
BALDWIN PARK ADDmON SUBDNISION
(AZ-03-033)
PAGE40F 12
within the requested R-8 zone.
15. Several residential developments in this area are changing the historically agricultural
nature ofthe area to be urban. The recent annexations and platting of Bridget ower, Cedar Springs,
Cobblefield Crossing and Baldwin Park, as well as the new middle school just to the west of the site,
create more urban type uses in the area. However, there have been no recent street widenings and
none are currently scheduled within ACHD's Five Year Work Program or Capital Improvements
Plan (CIP). Other urban services, such as sewer and water, are near to this site and the applicant
should be able to extend such services to the site. It is found that the subject site is proposed for
development in a fashion similar to other properties in the area.
16. It is found that the proposed R-8 zoning and subsequent residential use proposed with
the concurrent preliminary plat match the intended character of the vicinity, as noted on the Future
Land 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 changing, 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 of the area.
17. Due to other existing and proposed uses near the site, it is not anticipated that the
proposed zoning/uses will be hazardous to future or existing uses or neighbors in the area.
18. The Meridian Fire Department has submitted a list of conditions and needs in order to
adequately serve the project, see number 11. C. hereinabove. Water and sanitary sewer service are
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDITION SUBDNISION
(AZ-03-033)
PAGE 5 OF 12
proposed to be extended from existing main lines adj acent to the proposed development. The ACHD
is recommending, with site specific and standard conditions, approval of the subject development.
Review of the ACHD report for this project will provide additional information.
19. 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 annexation and zoning will not
be detrimental to the community's economic welfare.
20. 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 will be
detrimental to the general welfare of the public. It is not anticipated that the proposed annexation
and subsequent uses will create excessive noise, smoke, fumes, glare or odors.
21. 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 east and west for access. The extension ofthese 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.
22. The White Drain bisects this property. The applicant is proposing to leave the White
Drain open, as the developments to the east and west have done. It is found that the proposed
annexation and zoning should not result in the loss or damage of any natural or scenic feature, as
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDITION SUBDIVISION
(AZ-03-033)
PAGE 6 OF 12
long as the White Drain is adequately protected. There does not appear to be any natural or scenic
feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and
developed with residential uses.
23. In accordance with the findings listed above, it is found that the annexation and
zoning ofthis property to R-8 would be in the best interest of the City.
24. It is found that if the developer pays for the requested improvements and complies
with the conditions set forth in these Findings of Fact No. 11, and all sub-parts, the economic
welfare ofthe City and its residents and tax and rate payers will be protected, a condition of
annexation and zoning designation.
25. It is also found that the development considerations as referenced in Finding No.
11 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDITION SUBDIVISION
(AZ-03-033)
PAGE 7 OF 12
Meridian City Code ~ 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The following are found to be pertinent provisions ofthe City of Meridian
Comprehensive Plan and are applicable to this Application:
It appears that the R-8 zoning is in accordance with the 2002 Comprehensive Plan and
Future Land Use Map.
5. The zoning of (R -8) Medium Density Residential is defined in the Zoning Ordinance
at ~ 11-7-2 D as follows:
(R-8) Medium Density Residential District: The purpose ofthe 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 of large homes into tow-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDITION SUBDIVISION
(AZ-03-033)
PAGE 8 OF 12
7. The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1. The applicant's request for annexation and zoning of approximately 10.17 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 10. 71 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING FOR
BALDWIN PARK ADDITION SUBDNISION
(AZ-03-033)
PAGE 9 OF 12
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance Section 5-7-517. Wells maybe used for non-
domestic purposes such as landscape irrigation.
B. Adopt the site specific requirements, conditions of approval and street improvements, which
are required, ofthe Ada County Highway District listed in their report dated January 8, 2004.
C. Adopt the Meridian Fire Department's Recommendations as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400'
apart.
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will
be submitted to the Public Works Department. All curbing in front of fire hydrants shall be
painted red for 10' on each side of the installation.
4. All roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required before combustible
construction begins.
6. The phasing plan may require that any roadway greater than 150' in length that is not provided with
an outlet shall be required to have a turn around.
7. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by ftre and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDITION SUBDIVISION
(AZ-03-033)
PAGE 10 OF 12
8. Parking is to be restricted to one side on the 42' street section.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject ofthe
application to (R-8) Medium Density Residential District, and Meridian City Code g 11-7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action ofthe governing body of the City of Meridian,
pursuant to Idaho Code g 67-6521. An affected person being a person who has an interest in real
property which may be adversely affected by this decision may, within twenty-eight (28) days after
the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
FINDlNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTlNG APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDITION SUBDIVISION
(AZ-03-033)
PAGE 11 OF 12
By action of the City Council at its regular meeting held on the 2 ~ 7l day of
;; b r~ t:vt..-;-
ROLL CALL
, 2004.
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED /li~
COUNCILMAN KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 2"'" 2---4-- () 4-
MOTION:
APPROVED:-)t..- DISAPPROVED:
VOTED
-
J!~#
:: SEAL
. ~ y 0/
William G. Berg, Jr., Ci Clerk \-;. 7'.q ~ ,:P.-.;
':.;. . 'I ('. . f)~ .,>< \\\1111111111111,
Copy served upon Applicant, the Plannirig.~~?\~~g<.D'bpartment, ~-UR~c<wJtI5r~~ent and
the :2ity Arney. .:;-.... a o,\\POR,<j h :.-J; ~
2' ~G \.() S
By: ~~ fA, Dated: 2-21"-O,/- I ... SEAL ~
City Clerk 1'; &:
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Attest:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
BALDWIN PARK ADDITION SUBDMSION
(AZ-03-033)
PAGE 12 OF 12
February 19, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT Capital Development
PP 03-038
February 24,2004
ITEM NO.
3." ~
REQUEST Findings - Request for Preliminary Plat approval of 71 single-family residential building
lots and 7 common lots on 19.07 acres in a proposed R-3 zone for proposed Baldwin Park
Addition - north of West Ustick Road and east of North Linder Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
contacted:Siul \ / /d.rJo~Aj Date:?'n nUl Phone:S~&( 11(j()
Emailed:C?\J...fI.}ll Staff Initials: (] 12....-/
Materials presented at public meetings shall become property of the CiW tf Meridian.
See attached Findings
mrf('vU
Lr E" D 1 };; ?Olll,
D t., if,..~W ~
interoffice
MEMORANDUM
-
City Of Meridian.
City Clerk Office
To:
William G. Berg, Jr.
From;
Wm. F. Nichols
Subject:
Baldwin Park Addition Subdivision
File:
PP-03-038
Date:
February 18,2004
Will:
Please find. attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF
PRELlMINAR Y PLAT, pursuant to action of the Council at their February 10, 2004 meeting.
The Findings will be on an upcoming Council agenda.
Please serve con formed copies of the Findings upon the Applicant and the
Planning and Zoning Department, Public Works and the City Attomcy office, ifeouneil
approves the Findings.
If you have any questions arise please advise.
Z\Work\M\Meridiun\M~ridian 15360M\Baldwin Park Addition AZ-Q3-033 PI'.03-038\Bergl'rePIaLMEMO 02 18 04.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 02/1 0/04
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY )
PLATFORBALDWINPARK )
ADDITION SUBDIVISION FOR 71 )
SINGLE-FAMILY RESIDENTIAL )
BUILDING LOTS AND 7 COMMON )
LOTS ON 19.07 ACRES IN )
PROPOSED R-8 ZONE LOCATED )
APPROXIMATELY ONE-HALF )
MILE NORTH OF USTICK ROAD )
AND ONE-HALF MILE WEST OF )
MERIDIAN ROAD, WITHIN )
SECTION 36 OF TOWNSHIP 4 )
NORTH, RANGE 1 WEST, )
MERIDIAN, IDAHO )
)
BY: CAPITAL DEVELOPMENT, )
INC., APPLICANT )
)
Case No. PP-03~038
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 February 10, 2004, and Anna Powell Planning Director for the Planning and Zoning
Department, Steve Arnold, and Ann Christoph, appeared and testified, and the City Council
having received a report from Craig Hood for the Planning and Zoning Department, and Bruce
Freckleton, Engineering Technician III, and the City Council having received as part of the
record of this matter the recommendation to City Council of the Planning and Zoning
Commission and the preliminary plat being "PRELIMINARY PLAT BALDWIN PARK
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDITION SUBDNISION / PP-03-03 8
1 of16
ADDITION SUBDIVISION, A PORTION OF SECTION 36, TAN., R.1 W., B.M., MERIDIAN,
ADA COUNTY, IDAHO, STAMPED DATE: OCT 23 2003, DWG DATE: 10/22/03 BEB,
DWG NO. 30806, SHEET: 1 OF 1 PREPLAT, \30806-preplat.dwg, CAPITAL
DEVELOPMENT, INC. - DEVELOPER, BRIGGS ENGINEERING, INe. - PLANNER",
Capital Development, 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 g 12-3-3. Therefore the City Council makes the following
fmdings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Amended
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as
defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure
Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002,
Resolution No. 02-382, and the property is presently zoned RUT by Ada County,
however, an application for annexation and zoning to R-8 is before the Council, and
requires connection to the Municipal Water and Sewer System. [Meridian City Code S
11-7-2D]
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 ifthe plat complies with the requirements and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDITION SUBDMSION I PP-03-038
2 of 16
condi tions hereinafter set forth as conditions of preliminary plat approval. 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 annexation
and zoning will not be detrimental to the community's economic welfare.
4. The proposed development is a continuity ofthe proposed development
within the City's Capital hnprovement 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, as the
developer is required to install sewer, water, local street infrastructure, utilities and
irrigation, for the development at their cost.
5. The development ifbuilt in accordance with the conditions and as
proposed, will not create health, safety or environmental problems and there have been
no specifics of any such concerns brought to the Council's attention.
6. The applicant is proposing to leave the White Drain open. The City has
previously allowed other developers (including the subject developer) to leave the drain
open in the area. However, there is a new middle school being constructed near the site.
Leaving the White Drain open causes concern about a potential safety issue. It is found
that there should not be any other health, safety or environmental problems associated
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDITION SUBDMSION I PP-03-03 8
3 of16
with this subdivision. ACHD considers road safety issues in their analysis; no hazardous
natural features have been identified on the site.
7. It is found that the Recommendation To City Council of the Planning and
Zoning Commission is reasonable and appropriate for the conditions of approval of the
preliminary plat as hereinafter set forth.
8. The applicant has submitted for consideration of this approval drawing of
the preliminary plat herein designated as: "PRELIMINARY PLAT BALDWIN PARK
ADDITION SUBDNISION, A PORTION OF SECTION 36, TAN., R.l W., B.M.,
MERIDIAN, ADA COUNTY, IDAHO, STAMPED DATE: OCT 232003, DWG
DATE: 10/22/03 BEB, DWG NO. 30806, SHEET: 1 OF 1 PREPLAT, \30806-
preplat.dwg, CAPITAL DEVELOPMENT, INC. - DEVELOPER, BRIGGS
ENGINEERING, INe. - PLANNER".
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by having submitted the
preliminary plat "PRELIMINARY PLAT BALDWIN PARK ADDITION SUBDNISION, A
PORTION OF SECTION 36, TAN., R.IW., B.M., MERIDIAN, ADA COUNTY, IDAHO,
STAMPED DATE: OCT 23 2003, DWG DATE: 10/22/03 BEB, DWG NO. 30806, SHEET: 1
OF 1 PREPLAT, \30806-preplat.dwg, CAPITAL DEVELOPMENT, INC. -DEVELOPER,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDITION SUBDIVISION I PP-03-03 8
4 of 16
BRIGGS ENGINEERING, INC. - PLANNER", Capital Development, 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. The second sentence of Site Specific Condition #3 on page ten of the staff report
transmitted on December 31, 2003, shall be amended to delete the words "non-
combustible" and add at the end of that same sentence: "to match previously
approved fence."
2. Site Specific Condition #4 on page ten of the staff report transmitted on
December 31, 2003, shall be changed to read: "If any buildable lots are located
within the Settler1s Irrigation District easement, the Applicant shall be required to
submit a copy of an encroachment agreement prior to the City Engineer's
signature on the final plat."
3. The fourth sentence of Site Specific Condition #5 on page ten ofthe staffreport
transmitted on December 31,2003, shall be modified as follows: delete the last
two words "plan approval" and replace them with "the City Engineer's signature
on the final plat."
4. Subparagraph "A' of Site Specific Condition #8 on page eleven ofthe staffreport
transmitted on December 31,2003, shall be amended to delete the words "and
Lot 8, Block 19,".
B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
and Engineering Departments as follows:
SITE SPECIFIC CONDITIONS
1. Extend Yosemite Drive, Crescent Street, Great Basin Drive, Hype Park Way, and
Anton Drive, previously approved stub streets from the east, west and north, into the
subject site. Said roads shall be constructed to ACHD standards.
2. Construct two (2) new stub streets to the abutting properties to the west and south.
King Canyons Drive (Anton Drive) and Buckstone Avenue shall be constructed as
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELTh1INARY PLAT
BALDWIN PARK ADDITION SUBDMSION / PP-03-038
5 of16
stub streets to Parcel Nos. 0436315010 & S0436314905. Said roads shall be
constructed to ACHD standards.
3. The Applicant shall not be required to cover/tile the White Drain abutting the site. ill
lieu, of covering/tiling the White Drain, the Applicant shall be required to construct
a 6-foot tall, non combustiblo, fence on both sides of the lateral to match
previously approved fence. The Applicant shall work with the Meridian School
District on location and construction of a pedestrian pathway between the school site
to the west and the subject site other than adjacent to the White Drain. ill accordance
with Meridian City Code, the Applicant should be required to tile or cover any other
inigation ditches, laterals or canals that cross, intersect or lie adjacent to the subject
site. Any ditch, canal or lateral to be piped should be shown on plans, which shall be
approved by the appropriate inigation/drainage district, or lateral users association,
with written confirmation of said approval submitted to the Public Works
Department. Iflateral users association approval can not be obtained, plans will be
reviewed and approved by the City Engineer prior to final plat signature.
4. Prior to dO"relopment plan approyal, submit a copy of an encroachment agreement
with the Nampu & Meridian Irrigation District (NMID) and/or Settlers krigation
District for any buildable lots that have inigution easements across them. If any
buildable lots are located within the Settler's Irrigation District easement, the
Applicant shall be required to submit a copy of an encroachment agreement
prior to the City Engineer's signature on the final plat.
5. Underground year-round pressurized irrigation must be provided to all lots within
this development. The City of Meridian requires that pressurized inigation systems
be supplied by a year-round source of water. If the pressurized irrigation system
within this development is to remain a private homeowners' association system,
complete plans and specifications shall be reviewed by the Public Works
Department as part of the development plan review process. A draft copy of the
pressurized irrigation system O&M manual shall be submitted prior to plan approyal
the City Engineer's signature on the final plat. The Applicant shall be required
to utilize any existing surface or well water for the primary source. If a surface or
well source is not available, a single-point connection to the culinary water system
shall be required. If a single-point connection is utilized, the developer shall be
responsible for the payment of assessments for the common areas prior to signature
on the final plat by the City Engineer.
6. Vacate the existing right-of-way (29-feet wide) on the east side of the site (Venable
Lane). The vacation must be completed through the ACHD process prior to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDITION SUBDNISION / PP-03-038
6 of16
signature of a final plates) by the City Engineer for any lots impacted by this right-
of-way (south of the White Drain).
7. Either align the centerlines of King Canyons Drive and Anton Drive, or offset the
centerlines by a minimum of 125 feet.
8. The preliminary landscape plan (Sheet L-2, dated 10-21-3 by The Land Group, Inc.)
is approved with the following changes:
a. Fencing adjacent to micropaths, including Lot 52, Block 12, flBfl
Lot 8, Block 19, shall be constructed in accordance with Meridian City
Code. The applicant shall construct fencing adjacent to the entrance
into the common lot, Lot 8, Block 19 in accordance with Meridian
City Code. Additional fencing adjacent to the other lots backing up
to the common area will not be required. (Per action of the City
Council taken at their February 10, 2004 meeting.) All
mi"cropaths/pathways within the proposed subdivision shall be designed
in accordance with MCC 12-13-15 "Micropath Landscaping" and 12-4-3
"Pedestrian Walkways."
b. Obtain a license agreement from Settlers Irrigation District for all
trees in Lot 53, Block 4. Trees within sewer easements are prohibited.
c. Fencing adjacent to Lot 7, Block 13 is not required. (Per
action of the City Council taken at their February 10, 2004 meeting.)
9. Sanitary sewer and municipal water service to this site shall be via extensions from
existing mains adjacent to the development. The applicant will be responsible to
construct the sewer and water mains to and through this proposed development,
thereby making them available to adjacent properties. Subdivision designer to
coordinate main sizing and routing with the Public Works Department.
10. All lot, parcel and tract sizes shall meet the minimum dimensional standards as
established in the zoning ordinance. All buildable lots within the proposed
subdivision shall have a minimum 65 feet of street frontage (unless located on a cul-
de-sac, then 40 foot minimum) and contain a minimum lot area of 6,500 square feet.
All new residential dwelling units shall be constructed in accordancewithMcCll-
10-4. Minimum building setback lines shall be in accordance with the zoning
ordinance in effect at the time of issuance of building permit(s).
11. Remove preliminary plat note number 4.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDITION SUBDIVISION / PP-03-038
7 of 16
12. Maintenance of all common areas shall be the responsibility of the Baldwin Park
}...dditioB HOA. (Per action of the City Council taken at their February 10,2004
meeting.)
GENERAL COMMENTS
1. All conditions of the accompanying Annexation/Zoning application shall also be
considered conditions of the Preliminary Plat.
2. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
3. Submit a copy of the Ada County Street Name Committee's approval letter for the
subdivision name, and the lot and block numbering. Make any corrections
necessary to conform.
4. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
5. Streetlights will be required at locations designated by the Public Works
Department. All streetlights shall be installed at the expense 0 fthe Applicant.
Typical locations are at street intersections and/or fire hydrants. Final design
locations and quantity are determined after power designs are completed by Idaho
Power Company. The street light contractor shall obtain design and permit from the
Public Works Department prior commencing installations.
6. A detailed fencing plan shall be submitted upon application of the final plat. A 6-
foot fence shall be required around the perimeter ofthe subdivision unless the City
agrees in writing that such a fence is not required. All fences shall taper down to 3
feet maximum within 20 feet of all right-of-way.
7. A detailed, revised, 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, berminglswale details, and all proposed ground cover/treatment.
8. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be removed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELI1v1INARY PLAT
BALDWIN PARK ADDITION SUBDIVISION / PP-03-03 8
80fl6
9. 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.
10. Developer shall coordinate mailbox locations with the Meridian Post Office.
11. All sidewalks shall be constructed in accordance with MCc 12-5-2.K. Prior to
signature of the final plates), all sidewalks shall be constructed or a financial
guarantee that said improvements will be completed shall be provided (MCC 12-5-
3).
12. 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.
13. Any drainage areas (detention/retention basins) must be designed to ensure that
water will percolate or discharge within a period oftime not to exceed 24 hours for
all storms up to and including a lOa-year storm event. Side slopes within drainage
areas shall not exceed 3:1. The project engineer should pay close attention to the
results of field studies determining the groundwater, soil type & and characteristics
during the design and construction phases. The engineer shall be required to certify
that the street centerline elevations are set a minimum of 3-feet above the highest
established normal groundwater elevation. This is to ensure that the bottom
elevation ofthe crawl spaces of homes is at least I-foot above groundwater.
14. Prior to signature ofthe final plates) by the City Engineer, 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. that has not been completed.
15. Staff's failure to cite specific ordinance provisions does not relieve the Applicant of
responsibility for compliance.
C. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Construct West King Canyons Drive to align with Anton Drive or offset Anton
Drive a minimum of 125-feet (measured centerline to centerline).
2. Extend Hyde Park Avenue into the site from the north property line, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDITION SUBDMSION / PP-03-038
9 of 16
3. Extend Great Basin Drive into the site from the west property line, as proposed.
4. Extend West Yosemite Drive into the site from the west property line, as
proposed.
5. Extend West Yosemite Drive into the site from the east property line, as
proposed.
6. Extend Anton Drive into the site from the east property line, as proposed.
7. Construct Buckstone Avenue as a stub street to the south property line
approximately 100-feet east ofthe west property line, as proposed. fustall a sign
at the terminus ofthe roadway stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE".
8. Construct West King Canyons Drive to align with Anton Drive or offset Anton
Drive a minimum of 125-feet (measured centerline to centerline. Install a sign at
the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED
IN THE FUTURE".
9. Construct Hyde Park Place and Crater Lake Court as 29-foot street sections with
curb, gutter and attached concrete sidewalk within 42-feet of right-of-way, as
proposed. Install adequate signage that will prohibit parking on the identified
(reduced) roadways.
10. Construct the remaining internal roadways as 36-foot street sections with curb,
gutter and sidewalk within 50-feet of right-of-way, as proposed.
11. Construct the turnarounds to provide a minimum turning radius of 45-feet.
12. If the 25-foot wide strip ofland that is located abutting the site at the west
property line is found to be public right-of-way, the applicant is required to
dedicate sufficient right-of-way to accommodate for one half of a 36-foot street
section with a minimum of 24-feet of pavement abutting the site
OR
Vacate the right-of-way.
13. If the vacation ofthe 29-foot wide strip of public right-of-way that is located at
this properties east property line is not successful, the applicant is required to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDITION SUBDNISION / PP-03-038
10 of 16
dedicate sufficient right-of-way and improve the right-of-way to public street
standards.
14. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance # 198, also known as Ada County
Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to AcHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDITION SUBDIVISION I PP-03-038
11 of16
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest advises the Highway District
of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of2 hours to service the entire proj ect. Fire hydrants shall be placed
an average of 400' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department
which will be submitted to the Public Works Department. All curbing in front offire
hydrants shall be painted red for 10' on each side of the installation.
4. All roads shall have a turning radius of 28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELThnNARYPLAT
BALDWIN PARK ADDITION SUBDIVISION / PP-03-038
12 of 16
7. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical service vehicles. This cost of this
installation is to be borne by the developer.
8. Parking is to be restricted to one side on the 42' street section.
E. Adopt the Recommendations of the Settlers Irrigation District as follows:
1. All irrigation/drainage facilities along with their easements must be protected and
continue to function. The facilities involved are the Coleman Lateral and the
White Drain.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license-agreement MUST be signed and recorded prior to the construction of
any SID facilities or utility lines crossing a SID facility.
4. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-
mentioned subdivision.
F. Adopt the Recommendations/Comments of Joint School District No.2 as follows:
1. The Meridian School District has experienced phenomenal student growth the last ten
years. The high schools, middle schools, and elementary schools throughout the district are
operating over capacity.
2. Approval of Baldwin Park Addition Subdivision will have a significant impact on school
enrollments at Ponderosa Elementary, Eagle Middle, and Eagle High SchooL
3. We can predict that these homes, when completed, will house twenty two (22) elementary
aged children, nineteen (19) middle school aged children, and fifteen (15) senior high aged
students. Additional students will further compound the current overcrowded situation.
Residents cannot be assured of attending the neighborhood school, as it may be necessary
to bus students to other schools across the district.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDITION SUBDIVISION I PP-03-038
130f16
4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is
currently operating beyond capacity. Future development will continue to have an impact
on the district's capacity.
G. Adopt the Recommendations of the Central District Health Department as
follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated prior to discharge to the subsurface to prevent
impact to ground water and surface water quality.
5. The engineers and architects involved with the design ofthe subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDITION SUBDIVISION / PP-03-038
14 of 16
Please take notice that this is a final action ofthe governing body ofthe City of
Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has
an interest in real property which may be adversely affected by this decision may, within
twenty-eight (28) days after the date of this decision and order, seek ajudicial review as
provided by Chapter 52, Title 67, Idaho Code.
By ~Ofthe City Council at its regular meeting held on the
day of rU-tl/V"-, 2004.
ROLL CALL
2- ~f-
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED /f6~
COUNCILMAN KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED -
Attest:
William G. Berg, IT., Ci Y C erk \. ~ Ou ....Ojc!!? 0 }
~ <) ~/1S\ . ~.$
...... ~ :'?'. ,,'
FINDINGS OF FACT AND CONCLUSW~J:~:~W-~ ORDER
OF CONDITIONAL APPROVAL OF PREI:iMwARIY\J?LAT
BALDWIN PARK ADDITION SUBDMSION / PP-03-038
15 of 16
Copy served upon Applicant, The Planning and Zoning Department, Public Works
. \\1\lllll/1I11
Department and CIty Attorney. \'\\\\\O'f MEr/ililll
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Dated: 2. -t4-tJR ~
By: dfdL.: 4-~ 9-
City Clerk
-
-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BALDWIN PARK ADDmON SUBDIVISION / PP-03-03 8
16 ofl6
February 19. 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT Hawkins Companies
P FP 03-004
February 24. 2004
3.D
ITEM NO.
REQUEST Findings - 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 - northwest corner of West Cherry Lane
and North Under Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: 'l. '( \ CArv~
Emailed: U
See attached Findings
~~
ffi\\Ck~ Date: 2).31l~ Phone: iJ!j 1 A11V/ I
Staff Initials:
MaterIals presented at public meetings shall become property of the City of Meridian.
RECE D
FEB 1 8 2004
Interoffice
City Of Meridian
City Clerk Office
iVIEivIORANDUM
-
To:
William G. Berg, Jr.
From:
Wm. F. Nichols
Subject:
Cherry Crossing Commercial Subdivision By: Hawkins Companies
File No.
P FP-03-004 ~ Find ings 0 r Fact and Conc lusions 0 r Law and Order 0 C Condi tional
Approval of Prelim inary/Fina I Plat
Date:
February 18, 2004
Will:
Regarding 'the above referenced matter, please find enclosed the original of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROV AL OF PRELIMINARY/FINAL PLAT, for approval and signature by the Mayor and
yoursel r. Please serve a conformed copy of the FINDINGS upon the applicant, with a Certificate
of Service in the file, and conformed copies to the Planning and Zoning Department, Public
Works, and the City Attorney.
If you have any questions please give me a call.
1:'Worl( i\1..J\klltllill1.Mcnd'''ll I 5.1<,0'''1\( 'h~ITY (nMl1\g ('oll1l1l~rl'I,,1 Sub I'FI'.f)J.004\lkrg I'I.r MI'i\I() 02 1;\ {)4 doc
BEFORE THE CITY COUNCIL OF THE CITY OF MElUDIAN
IN THE MATTER OF THE REQUEST )
FOR PRELIMINARY/FINAL PLAT FOR )
CHERRY CROSSING COiVIlVIERCIAL )
SUBDIVISION, LOCATED AT THE )
NORTHWEST CORNER OF CHERRY LANE)
AND LINDER ROAD IN CHERRY CROSSING,)
MERIDIAN, IDAHO )
)
)
)
)
)
BY: HA WKlNS COMPANIES,
APPLICANT
C/C 02/1 0/04
CASE NO. PFP-03-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF
CONDITIONAL APPROV AL
OF PRELIMINARY/FINAL
PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on February 10, 2004, and Anna Powell Planning Director, and Jessica Aguilar, appeared and
testi fied at the hearing, and the City Council having received a report from Steve Siddo'vvay for
the Planning and Zoning Department and Bruce Freckleton, Engineering Technician 1Il, and the
City Council having received as part oCthe record of this matter the recommendation to City
Council of the Planning and Zoning Commission and the applicant having submitted the Plat
Drawing described as follows, "CHERRY CROSSING COMMERCIAL SUBDIVISION,
PRELIMINARY PLAT, LOCATED IN THE SE 1;4 OF THE SE ~ OF SECTION 2, T.3N.,
R.l W., 8.M., MERIDIAN, ADA COUNTY, IDAHO, DRAWN" GGC, DATE: 1 ]/4/03,
CHECKED: GC, DATE: 1115/03, JOB NO. 00-000, SHEET NO.1, HANDWRITTEN DATE:
11/7/03, HAWKINS COMPANlES\BOISE SURPLUS 2002, LLC - DEVELOPERJOWNER,
FINDINGS OF FACT AND CONCLUSIONS OF LA W
f\ND ORDER OF CONDITIONAL APPROVAL OF
PRELfivIrNARYiFlNAL PLA T ~
CHERRY CROSSING COMMERCIAL SUBDIVISION - (PFP-03-004)
PAGE 1 OF 10
GREGOR Y G. CARTER, P.L.S. - SURVEYOR", Hawkins Companies submitted for
preliminary/final plat approval, and which preliminary/final plat application is herein received
and adjudged by the City Council, pursuant to Meridian City Code, Section 12-3. Therefore the
City Council makes the following findings:
FINDINGS OF FACT
l. That the proposed development is in conformance with the Comprehensive Plan
by reason of tile fact that it lies within the existing Urban Area as defined in the Meridian
Amended Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382. and the property
is presently zoned C-N (Neighborhood Business District), and requires connection to the
Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 HJ
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382.
3. It is found that the subdivision to be in conformance with the Comprehensive
Plan. The Future Land Use Map designates the property as Commercial. Existing zoning on the
property is Neighborhood Commercial (C-N). The subject plat is intended for commercial
development in compliance with the approved CUP and the Comprehensive Plan.
4. It is determined that public services are available to accommodate the proposed
development. All adjacent public roachvays have been completed and accepted hy ACH D.
Water and sewer services to both lots were already installed as part of the original subdivision
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT-
CHERRY CROSSING COMMERCIAL SUBDIVISION. (PFP-03-004)
PAGE 2 OF ]0
improvements along the proposed lot line within an existing utility easement and have been
accepted by the Public Works Department.
). lt is found that the subdivision will not require the expenditure of any capital
improvement funds. All required utilities are in place per the previous plat requirements.
6. It is found that the development will not require major expenditures for providing
supporting services. The developer has already financed the extension oCsewer, water, utilities
and pressurized irrigation to serve the project. The primary public costs to serve the future
residents will be fire and police services.
7. The development, ifbuilt in accordance with the conditions, and as proposed, will
be compatible within the vicinity, and will not create health, safety or environmental problems,
nor will the development have an adverse impact on other persons, property, or uses within the
vicinity.
DECISION AND ORDER
Pursuant to the Ci t y Co uncil' s authority as provided i 11 M eri d i an City C oele,
Section] 2-3-5 and based upon the above and foregoing Findings ofFacl which are herein
adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary/Final Plat of the applicant as evidenced by "CHERRY
CROSSING COMMERCIAL SUBDIVISION, PRELIMINARY PLAT, LOCATED IN THE SE
I/., OF THE SE Vt OF SECTION 2, T.3N., Rl W., B.M., MERIDIAN, ADA COUNTY, IDAHO,
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY FINAL PLAT-
CHERR'y' CROSSING COMMERCJ.A.L SUBDIVISION ~ (PFP-03-004)
PAGE 3 OF 10
DRAWN" GGC, DATE: 1114/03, CHECKED: GC, DATE: ] 115/03, JOB NO. 00-000, SHEET
NO.1, HANDWRITTEN DATE: I ]/7/03, HAWKINS COMPANIES\BOISE SURPLUS 2002,
LLC ~ DEVELOPER/OWNER, GREGORY G. CARTER, P.L.S. - SURVEYOR", has been
submitted for preliminary/final plat.
2. The conditions of Staff pertaining to the Pre! iminary/Final Plat comments are <IS
set forth in the M emorand um to the Mayor and Ci ty Cou nc i I fro 111 Steve S iddmvay for P I an ni ng
and Zoning Department, <lncl Bruce Freck!eton, Engineering Technician [II, dated: Transmittal
Date: December 30, 2003 and P & Z Hearing Date: January 8,2004, listing 12 Site Specific
Comments - Preliminary/Final Plat, a true and correct copy of which is attached hereto ancl
marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, with
the additional requirements from the City Council from their meeting of February 10,2004, and
the requirements are as follows, to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
tallows:
SITE SPECIFIC COMMENTS - PRELIMINARY/FINAL PLAT
I. All landscaping will be required per the approved plans on the original plat (FP-02-
01 I) and the revised Cond i tional Use Permi t (CUP-03-0 13). Any i nco111p 1ete
landscaping shall be bonded for prior to signature on the final plat.
2. Sign the Certificate of Owners <md notarized the accompanying Acknowledgment
(Sheet 2 of the final plat).
3. Sanitary sewer and water service to this development shall be via service line
extensions from the existing City of Meridian mains adjacent to thc project.
FfNDrNGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELlMINARYfFINAL PLAT ~
CHERRY CROSSING COMMERCIAL SUBDIVISION - (PFP-03-004)
PAGE 4 OF ]0
4. Pressurized irrigation within this development will be from the existing system that
was installed as part ofChclTY Crossing.
5. Label the % Corners of Section 2 on the face of the final plat.
6. Please revise the bearing and distance information to show the larger bold text only
on the exterior boundary ofthe area being subdivided. Other dimensional text should
be shown in the smaller, lighter weight fonts.
7. Add the two segment distances along the south sides oLLots 1 and 2.
8. Revise the year of platting to "2004."
9. Add "Block I" to the situate statement.
10. Correct the ownership information in the final plat Certificate of Owner.
11. Correct the bearing 0 f t he fourth tot he I ast line 0 ('t he legal description of the
Ccni lIcate 0 f Owners (S -94200000'OO''E)
12. This application is subject to the conditions of approval for the original pial (FP-02-
011) and the revised Conditional Use Permit (CUP-OJ-OI3), except as revised by this
report.
Bo Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
I. No additional access points have been proposed and none are approved with this
app I icati on.
The following four driveway locations were approved with Cherry Crossing Subdivision.
T A right-in/right-out driveway on Cherry Lane is located approximately 220-feet west
of Linder Road. The driveway is restricted to right-in/right-ollt operations with an on-site
median. and appropriate signage.
:r A full access driveway on Cherry Lane is located approximately 470-rcel \vest of
Linder Road.
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND ORDER OF CONDLTIONAL APPROV AL OF
PRELIMINARY/FINAL PLAT ~
CHERRY CROSSING COMMERCIAL SUBDIVISION - (PFP-03-004)
PAGE 5 OF 10
T A right-in/right-out driveway on Linder Road located approximately 285-feet north of
Cherry Lane. The driveway is restricted to right-in/right-out operations with an on-site
median, and appropriate signage.
r The driveway on Emerald Falls Drive is located approximately I 50-feet west of
Linder Road.
2. Other than the access point(s) speci fically approved with Cherry Crossi ng
Subdivision, direct lot or parcel access to Linder Road and Cherry Lane is prohibited. Lot
access restrictions, as required with this application, shall be stated on the final plat.
3. Comply with all Standard Conditions of Approval.
Standard Conditioils of Approval
I. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All uti lity 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
(wi th fi Ie num bel's) for deta i Is.
5. All design and construction shall be in accordance with the Acl8 County High\v8Y
District Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. All
engineer registered in the State ofldaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
bui 1cling permit (or other requ ired permits), which incorporates any requ ired design changes.
FINDINGS OF FACT AND CONCLUSIONS OF LA W
i\ND ORDER OF CONDITIONAL APPROVAL OF
PRELlivllNAR Y/FINAL PLAT-
CHERRY CROSSING COivlMERCIAL SUBDlViSION - (PFP-03-004)
PAGE 6 OF 10
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 constnlction ill
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 ,vithin the right-
of-way. The applicant at no cost to ACED 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 priol' to breaking ground within ACHD right-of-way. The applicant shall
contact ACJ-ID Traffic Operations 387-6190 in the event any ACJ-ID conduits (spare or
fi lied) are compromised during any phase of construction.
10. No change 'in the terms and conditions 0 f this approval shall be val iel unless they are
in writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon the
applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use of
the subject property unless a waiver/variance of said requirements or other legal relief is
granteel pursuant to the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
!. Provide a fire-flow per the Internation81 Fire Code Appendix D to service the project.
fire hydrants shall be placed an average of 400' apart.
2. All intcmal roads shall have a turning radius of 28' inside and 48' olltside.
3. All access roads within the project shall have a clear driving surface with a minimum
width of20' available at all times.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELljVllNAR Y/FINAL PLAT -
CHERRY CROSSING COMMERCIAL SUBDIVISION - (PFP-03-004)
PAGE 7 OF 10
D. Adopt the Recommendations ofCentraJ District Henlth Dept ns follows:
I. This proposnl can be approved for centra] sewnge & central water afler written
approva I from appropri ate enti ties is subm i tted.
) The App]icant's central sewage and central water plans must be submitted to and
approved by the Idaho Department ofHeaJth & Welfare, Division ofEllvironmcntal
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 \vater quality.
5. The Engineers and architects involved with the design of the subject project sh81]
obtain current besf management practices for storm water disposal and design a
stormwater management system that prevents groundwater and surface water degradation.
E. Adopt the Recommendations of the Nampa & Mer'idian Irrigation District:
l. I f all storm drainage is retai ned on si te there wi 1l be no impact on the D i stri ct.
2. However, if any surface drainage leaves the site, the District requires a Land
Use Change Application be filed for review prior to fin81 platting.
3. AlllateraJs and waste \Nays must be protected. The developer mllst comply
with Idaho Code 31-3805.
3. 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:
a. The Plat dimensions are approved by the City Engineer;
b. The City Engineer has verified that all off-site improvements are completed
andlor the appropriate letter of credit or cash has been issued guaranteeing the
completion of off-site and required on-site improvements; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
!\ND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT-
CHERRY CROSSING COMMERCIAL SUBDIVISION, (PFP-O:.-OO.ol)
PAGE 8 OF 10
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 (1 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
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) clays after the c1ate ofthis decision and order, seek ajudicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action oCthe City Council at its regular meeting held on the 24t:c1ayof
F..d>~~, 2004.
Attest:
~
...
~
...
FINDINGS OF FACT ;\ND CONCLUSIONS OF LA W
j\ND ORDER OF CONDITIONAL APPROVAL OF
PRELTMINARY/FINAL PLAT-
CHERRY CROSSING COMMERCIAL SUBDIVISION - (PFP-03-004)
PAGE 9 OF ]0
Copy served upon Applicant, the Planning and Zoning Depnrllllent, Public 'Norks Department
and City Attorney.
DYJtt.~:M~~
City Clerk .
Dated: 2 - 2 Lf-IJ 4-
i>Work\M\jI;lcridian\ivleridian 1 5360M\Cherry Crossing Commercial Sub PFI'-03-004\PFP Ffels.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROV At OF
PRELIMINARY/FINAL PLAT-
CHERRY CROSSING COMMERCIAL SUBDIVISION - (PFP-03-004)
PAGE 10 OF 10
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February 19, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 24, 2004
ITEM NO.
~.,
REQUEST Resolution - Third Party Billing Agreement Service Fee
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Resolution
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Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
RESOLUTION NO. 04- #8
BY: lieillu /3irdJ
A RESOLUTION OF THE CITY COUNCIL OF THE CrTY OF MERIDIAN MAKING
CERTAIN FINDINGS AND ADOPTING A THIRD PARTY BILLING AGREEi\'IENT
SERVICE FEE FOR SERVICES FOR THE UTILITY BILLING DEPARTMENT TO
OFFER TO A HOMEO\VNER OR PROPERTY MANAGEMENT COMPANY TO SEND
THE MONTHLY UTILITY BILL TO A THIRD PARTY
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
\VHEREAS, the f'vlayor and Council have the authority [pursuant to LC. !i 50-302] to
establish resolutions not inconsistent with the laws of the slate of Idaho as may be expedient. in
addition to the special powers therein granted. to maintain the pe8ce. good govemment and
welfare of the corporation and its trade, commerce and industry; and
WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of
the City of Meridian, pursuant to Idaho Code 63-1311(a), to establish a Third Party Billing
Agreement Service Fee which would allow a homeowner or property management company to
instruct the Utility Billing Department to send the monthly utility bill to a third party, 8nd to
provide that the delinquency notices would be sent to both the renter/tenant and the property
owner; and
WHEREAS, The delinquent utility billings would require a three step process to inform
all parties of said delinquency, and that the proposed fee for said process would be $20.00; and
WHEREAS, the City Council held a public hearing on said fees on February 10, 2004 at
which hearing the Finance Director for the City of Meridian submitted credible evidence
showing that the fees are reasonable, and necessary for maintaining the health, safety, and
wel r~lre of the citizens of the City of Meridian.
NOW, THEREFORE, BE IT RESOLVED BY THE !VIA YOR AND CITY
COUNCIL OF THE CITY OF lVJERIDIAN~ IDAHO as follows:
SECTION 1: ADOPTION OF THIRD PARTY BILLING AGREEMENT
SERVICE FEE: The Third Party Billing Agreement Service Fee for the Municip81 Utility
Billing Department for the City of Meridian shall be $20.00, and is hereby approvecl, established
and authorized to be coUected.
RESOLUTION ADOPTING THIRD PARTY BILLING AGREEMENT SERVICE FEE
PAGEl OF 2
SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect on
the 24--11 day of ;::e6J-t.ufAj' 2004.
2//...:1.1-
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ...,- ~
clay or ;:i6rtuVtJ ,2004.
APPROVED BY TJ-IE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of p6rUti/l/J ,2004.
;zLf'0-
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City Clerk
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RESOLUTION ADOPTING THIRD PARTY BJLLlNG AGREEjvlENT SERVICE FEE
PAGE 2 OF 2
CERTIFICATE OF CLERK
OF
THE CITY 0 F ME RI DIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian,
a duly incorpol-ated City operating under the laws of the State ofIdaho, with its principal office at
33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and
minutes ancl do hereby certify that on the 2-1.fl- day of ;::i6J-tUl/t-j ,2004, the following
8ction has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MEIUDIAN MAKING
CERTAIN FINDINGS AND ADOPTING A THIRD PARTY BILLING AGREEMENT
SERVICE FEE FOR SERVICES FOR THE UTILITY BILLING DEPARTMENT TO
OFFER TO A HOIVIEO\VNER OR PROPERTY MANAGEMENT COMPANY TO SEND
THE MONTHLY UTILITY BILL TO A THIRD PARTY
NOW, THEREFORE, BE IT RESOL VED BY THE /VIA VOR AN D CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
WHEREAS, the Mayor and Council have the authority [pursuant to 1.c. ~ 50-302] to
establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in
addition to the special powers therein granted, to maintain the peace, good government and
welfare of the corporation and its trade, commerce and industry; and
WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of
the City of Meridian, pursuant to Idaho Code 63-1311(a), to establish a Third Party Billing
Agreement Service Fee which would allow a homeowner or property management company to
instruct the Utility Billing Department to send the monthly utlJity bill to a third party, and to
provide that the delinquency notices would be sent to both the renter/tenant and the property
o\vncr; and
WHEREAS, The delinquent utility billings would require a three step process to inform
all part i es of said clel inquency, and that the proposed fee for sa i d process would be 520.00; and
CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
Page 1 0[2
WHEREAS, the City COllncil held a public hearing on said fees on February 10, 2004 at
which hearing the Finance Director for the City of Meridian submitted credible evidence
showing that the fees are reasonable, and necessary for maintaining the healtll, safety, and
welfare of the citizens of the City of Meridian.
NO\V, THEREFORE, BE IT RESOL YEn BY THE IVIA YOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows:
SECTION]: ADOPTION OF THIRD PARTY BILLING AGREEMENT
SERVICE FEE: The Third Party Billing Agreement Service Fee for the Municipal Utility
Billing Department for the City of Meridian shall be $20.00, ancl is hereby approved, established
and authorized to be collected.
~ S~S;TION 2: EFFECTIVE DATE.
the ~ day of /i6rtll//t.j ,2004.
55
STATE OF IDAHO,
County of" Ada,
(SEAL)
On this ;<q+J... day of + ebrlA. IV 1 , 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 lhc.&:gi.t;t of Meridian.
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CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
Page2of2
Interoffice
Memorandum
To: William G. Berg, Jr. (originals)
Cc: Stacy Kilchenmann (via email)
From: William F. Nichols
RE: Resolution and Certificate of Clerk ror the Third Party Bi Iling Agreement Service Fce
Date: February 19,2004
Please find attach~d the Resolution and Certificate of Clerk for the Third Party Billing
Agreement Service Fee pertaining to the monthly billing and delinquent billings for the MUBS
Department. This Resolution is now ready to be presented to the Mayor and City Council.
If you have any questions please advise.
1:'WllIki\I1\.kndl"n:i\klldwlI 15.'blli\'hRes"luli'lI1s Clly IlaI12()i1-llkrg MenlO It\r R<:s ('<:n elk lhird Punv 13i1ling :\)211\1 SCr\Il'C I'e<: 112 1<)
O-l.dlll'
February 19, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 24,2004
ITEM NO. 3~
REQUEST Three Party License Agreement with NMID - Eight Mile Lateral Sewer Crossing
AGENCY COMMENTS
\
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLlCE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
~~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become properly of the City of Meridian.
I:I=D ') n.
~ ,-D 1: SJ
em
tv Of l\leYidiT1
C~i(y Clerk on~~~~
To: Mayor de Weerd & City Council
From: Brad Watson, P.E.
CC: File, Gary Smith, PE, City Clerk
Date: 2/19/04
Re: February 24 City Council Meeting Agenda Item
The Public Works Department respectfully requests that the following item be placed on the
February 24 City Council agenda, on the Consent Agenda, for Council's consideration:
Three party License AQreement with Nampa & Meridian IrriQation District - EiQht Mile Lateral
Sewer CrossinQ. This agreement is for a new sanitary sewer main to serve the serve
Birchstone Subdivision northwest of the intersection of Ustick Road and Black Cat Road. This
is a three party agreement between the Nampa & Meridian Irrigation District, Liberty
Development, and the City of Meridian. The purpose of this agreement is to delineate the
responsibilities among the parties during and after construction. During the construction
period the agreement is between the NMID and Liberty Development, and upon the final
acceptance of the main by the City of Meridian, the developer drops out of the agreement,
and the City becomes the Licensee. This will cut out a necessary step of having to re-Iicense
the crossing to the City of Meridian once it is complete.
Recommended Council Action: Approve the license agreement with
Nampa & Meridian Irrigation District, Liberty Development, Inc. and the
City of Meridian, and authorize the Mayor to sign and City Clerk to
attest.
Thank you for your consideration.
/~
. Page 1
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this _ day of , 2004, by and
among NAMP A & MERIDIAN IRRIGATIONDISTRlCT, an irrigation district organized and existing under
and by virtue of the laws of the State ofIdaho, party of the first part, hereinafter referred to as the "District",
and
CITY OF MERIDIAN,
33 East Idaho, Meridian, Idaho 83642; and
UBERTY DEVELOPMENT, INC.,
114 E. Idaho, Meridian, Idaho 83642,
party or parties of the second part, hereinafter collectively referred to as the "Licensee",
WIINg~~~IH:
WHEREAS, Licensee is the owner of real property and/or right-of-way for a sanitary sewer line
(burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal
Description" attached hereto as Exhibit A and by this reference made a part hereof; and,
WHEREAS, the District owns the irrigation ditch or canal known as EIGHT MILE LATERAL
(hereinafter collectively referred to as "ditch or canal"), an integral part ofthe District's irrigation works and
system, together with the easement therefor to convey irrigation water, operate, clean, maintain, and repair
the ditch or canal, and access the ditch or canal for those purposes; and,
WHEREAS, said ditch or canal and easement crosses Licensee's property and/or right-of-way as
shov,'l1 on Exhibit B attached hereto and by this reference made a part hereof; and,
WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch
or canal or the District's easement in its course across the lands ofthe Licensee in the manner and under the
terms and conditions hereinafter set forth; and,
WHEREAS, with regard to the sewer facilities only, City of Meridian, by execution of this
agreement, agrees to assume the maintenance and operation of the sewer facilities constructed affecting said
ditch or canal or the District's easement in the manner and under the terms and conditions hereinafter set
. forth after it provides final approval, in writing, and to be bound by the terms and conditions of this
agreement and the City of Meridian agrees to assume the obligations and responsibilities as the Licensee
which are imposed by this agreement once it provides final approval of the construction and installation; and,
WHEREAS, it is necessary that the District protect absolutely its right to control any modification
or alteration of its watercourses and its right of way along its watercourses;
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth, the parties agree as follows:
1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the
District's easement along said ditch or canal in the manner generally described in the "Purpose of License"
attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or
canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be
performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto
and by this reference made a part hereof.
2. This agreement pertains only to the Licensee's modification of said ditch or canal or
encroachment to the District's easement for the purposes and in the manner described herein. The Licensee
shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch
or canal in any manner not described in this agreement without first obtaining the Mitten permission of the
District.
3. Each facility ("facility" as used in this agreement means any object or thing of any nature
installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be
constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense
of the Licensee.
4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct
its activities within or affecting the District's easement so as not to constitute or cause:
a. a hazard to any person or property;
b. an interruption or interference with the flow of irrigation water in the ditch or canal
or the delivery of irrigation water by the District;
c. an increase in seepage or any other increase in the loss of water from the ditch or
canal;
d. the subsidence of soil within or adjacent to the easement;
e. any other damage to the District's easement and irrigation works.
5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims
for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of
the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the
easement and irrigation works which may be caused by the construction, installation, operation, maintenance,
repair, and any use or condition of any facility.
6. Licensee agrees that the work performed and the materials used in such construction shall
at all times be subject to inspection by the District and the District's engineers, and that final acceptance of
such work shall not be made until aU such work and materials shall have been expressly approved by the
District. Such approval by the District shan not be unreasonably withheld.
7. The District reserves the right, at the District's option, to remove any facility installed by the
Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which
does not comply with the terms ofthis agreement, and to remove any impediment to the flow of water in said
ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee
agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for
such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facllity, then the
District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder,
LICENSE AGREEMENT - Page 2
shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the
District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for
such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing
such maintenance, repair or other work except that in cases of emergency the District shall attempt to give
such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any
claim of any kind by Licensee or any third party against the District for failure to exercise the options stated
in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made
against the District arising out of or relating to the terms ofthis paragraph except for claims arising solely
out of the negligence of the District.
8. Neither the terms of this agreement, the permission granted by the District to the Licensee,
the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or
performance of any obligations of this agreement, shall be construed or asserted to extend the application
of any statute., rule, regulation, directive or otherrequirement, or the jurisdiction of any federal, state, or other
agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains,
irrigation works and facilities which did not apply to the District's operations and activities prior to and
without execution of this agreement. In the event the District is required to comply with any such
requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement
or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the
District from all costs and liabilities associated with the application of such laws or the assertion of such
jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee
shall cease all activity and remove any facility authorized by this agreement.
9. In addition to all other indemnification provisions herein, Licensee further agrees to
indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense
(inc luding reasonab le attorney's fees) incurred by, or asserted against, the District by reason of the negligent
acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and
activities authorized by this agreement.
10. The Licensee agrees that the District shall not be liable for any damages which shall occur
to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the
Licensee shall install on the said easement area of the District in the reasonable exercise of the rights ofthe
District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further
agrees to suspend its use of the said easement area when the use of the easement area is required by the
District for maintenance or repair under this or any other paragraph of this agreement.
II. Licensee shall place no structures or landscaping of any kind above within the District's
easement area except as referred to in this agreement or exhibits hereto without the prior written consent of
the District.
12. Should either party incur costs or attorney fees in connection with efforts to enforce the
provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully
resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted,
shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party.
13. The parties hereto understand and agree that the District has no right in any respect to impair
LICENSE AGREEMENT - Page 3
the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any
rights in its irrigation works and system incompatible with the uses to which such irrigation works and
system are devoted and dedicated and that this contract shall be at all times construed according to such
principles.
14. Nothing herein contained shall be construed to impair the right of way of the District in the
said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor
shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the
transmission and delivery of irrigation water.
15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms
and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by
the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and
the right of way therefor, which may impede orrestrictthe maintenance and operation of such ditch or canal
by the District with its equipment for the maintenance of its said ditch or canal may be removed by the
District.
16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the
District or by the engineers for the District in connection with the preparation of this License Agreement or
in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also
agrees to pay any fees incurred in connection with the recording of this Agreement.
17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription
or adverse possession by the Licensee or any third party against District.
18. This agreement is not intended for the benefit of any third party and is not enforceable by
any third party.
19. If any provision of this agreement is determined by a court of competent jurisdiction to be
invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and
effect.
20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and
feminine genders, the singular number includes the plural, and the plural number includes the singular.
The covenants, conditions and agreements herein contained shall constitute covenants to run with,
and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each
of the parties hereto and on all parties and all persons claiming under them or either of them, and the
advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and
aSSIgns.
NAMP A & MERIDIAN IRRIGATION DISTRlCT
By
Its President
LICENSE AGREEMENT - Page 4
ATTEST:
Its Secretary
CITY OF MERIDIAN
By
ATTEST:
ATTEST:
n,
LIB,'.... .. TY tmvELOPMENT, INC.
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STATE OF IDAHO
)
) ss:
)
County of Canyon
On this _ day of , 2004, before me, the undersigned, a Notary Public in
and for said State, personally appeared Henry Weick and Daren R. Coon, lmown to me to be the President
and Secretary, respectively, ofNAMP A & MERIDIAN lRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and aclmowledged to me that such irrigation district executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above Mitten.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
LICENSE AGREEMENT - Page 5
STATE OF IDAHO )
)ss.
County of Ada )
On this _ day of ,2004, before me, the undersigned, a notary
public in and for said state, personally appeared and ,known to
me to be the . and ,respectively, of the CITY OF MERIDIAN,
the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me
that such entity executed the same.
w WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above Mitten.
Notary Public for
Residing at
My Commission Expires:
STATE OF IDAHO )
Il_i )ss. .
County of ..fl!J~L )
On this iDt(\ day of r-:.e.JorutLr Ii , 2004, before me, the undersigned, a notary
public in and for said state, personally appeared :JO(..l..-f1 A-, Lau..d:fr}d&r: . ,known to
me to be the P ii'. S ! clfJ+ and - , respectl vely, of the LIBERTY
DEVELOPMENT, we., the entity that executed the foregoing instrument, and acknowledged to me that
such entity executed the same.
W WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above Mitten. ~ '~/j /l .
~/1A.-.~
Notary Public for 4iJ CL!l'!iD
Residing at M..Il"YMa,.
My Commission E~pires: 61 -Od... -0+
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LICENSE AGREEMENT - Page 6
U~-U3-04
iO:34am
From-W&H PacficBoise, ID 83705
20B 342 5353
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T-673 P. 002/003 F-7B]
~1/27f~0~4 14:08 2088950714
. PIONmffi. TITLE COMPANY
OF ADA cotJN"M!
SlSl W. Rifleman Ave. f Boise, Idahl;i 8370<1
(208) 377~2700
HEARTLAND
AMOUNT 6.00
PAGE 82/03
le~2U~6se
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WARRANTY DEED
For Ve.luc R~ivarj
UtI L. Sll.in llllc:l MDfcill A. 13nin, hmrQc!ll)d nlld wife and Mll.faill. Ir..
Eain Trust
if.:{i.\
nerema:fter .referred w as Grantor, does. hereby grnnt, bargain, sell, warrant' and convey Unto
. Liberty DeveJopmenr, rnt:.
. herelnaft~ ref=d tD llS Grantee, whose: ouwmt l1dd.tS$s is 114 E. Idaho~ Meridilln; [0 836A2
the following dc:scribed ptemis!!5, ro-.wit:
SEE EXHIBIT A ATTACHSP 'HSRETO AND MADE A PART'HEREOF.
To ?A VE AND TO HOLD the said premises, with 'Ihcir app'Unenances unto the said Grantee, his heIrs
!lod Ilssigns fore:ve.r, And the said GTantO( docs hereby COVC7)ant to Me! wi1:b me said Gtam;ee, "thai: Gramor
15 the owner in fee simple of said premis~; tha,t ~lIid premises arc free from aU encumbrances .e);cc:pt current
y~ taxes, IMe5, and 8sse$SmentS, and ex.cept U.S. Patent reservations, resrrlc:dollS"e25ements of record,
nnd oa~cmell1:3 visibie \l.pCll'l the p~n1jses, Me! that Gra'l1tot will Wamlnt nnd defol'ld me S<ln'Ie from all ol(lll11S
whatSoever. '
Dated: Dcc2fflber Z2J ;2Q03
~~6~
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Del L. Bain
Marciii' A.}:>ai at d "
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Marcia A. Bain, TfI2tl:'O!
ofl
S'1'A TE Of mAFIO, County of ADA, ss.
"'l'ldl'''.r~
~#;:~ ~~.~ . ay ofnecember, in the~, Qf2Q03, before me the undersigned. notary public
J' .s;-"'". pI: appeared Del L. Bain aiJd Marcia A. Bain known or Identified to me: to be the pl::f$ons
i ~: ~Ol' ~s ~&es are subscribccllIJ lbe witbin llaStl'Umc 1;, and aCY<no~Cdi! d to mo that mey e~ccutc.d the
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~"'*".m.~'ttn~:(ray of December, in the year of2003, before roC' thc.uudtmllgn=d, anolat)' public
personB lly appeared Marcia. A. Bain, lo:\own 01' identified to me m be the person whose name is
subscribed to the within instrument lIS Trustee and acknowledged to me that she executed the same as
91.lch Trustee.
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Notary ~ublic ofJPAl-tO
Rcsidiag at Nampa., Idaho
Commission expires: March 9, 2006
Exhibit A, page' 1
02-03-04, 10: 34am
...................-..
From-W&H Pacfic B9ise, ID 83705
20B 34Z 5353
T-873 P.00S/003 F-781
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PARCEL DESCRIPTION Peci:mber23,2003
HEARTLAND
PAGE 03/03
Project:
Birchsume SObdivisioIl
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A patce! oHand l?eing a portion ofilia Gouthc~st 140fthe SQUth:lS5T Yo of Section 3:;, 1'c',mshitl4 Nor-J1, Rang!!: I W~, Bois.,
MeridIan, Ada County"ldaho. mare pmti~hlrly describc.d as follows:
COMMENCING at a 5/gu rebal- marKing tbe so1rth~ corner of said SOlltnCEll3t y.. oflhc:
~outh~st Yo ofSecti.on 3::3; -
, Tbance North 00"1 0'08" w~ 61.41 feet coincident with the west Ull!: of said south~;i Yo of the soutlleast 1I.c ofSect;on 3:3;
ThCDC~ North 88"56'00" E~ 50.00 feer to a. 518" rebar/cap PLS 5461 and the e.asterly line of th~ Eight Mile Latel'1l.1 as
described in that certain wmant)' dll?d recorded ItS lmtt'UlTI~nt No. 32095 l'lIId the POI1\'T OF BEGJNl"\'lNG;
Thence North 00"16'08" W~ (formerly North) parallel to and 50.00 fi,et ~llst of said Wllst rin~ oftha so'Uthesst \4 ohhe
, sout:lu:ast!4a disnmce of 1253.86 1U;t (ronnerly 1:!.4:l,l.S feet) tp:J: 5/8" r~bar/c:ll.? J:l'LS S46111nd the north lint: o(said southeast Y4 of
the southeast \4.; ,
Thence Nortb 89"57'08" BllSr colm::ident with Itle north line of said southeast V. of the snu~Sl ~ a di9ta~<:e oft343.77 feet
to a 51'6" rebai' no cap on the west rig1n:-of-we.y line of'N_ Black Cat Road;
Thencc South oO~17'{2R East, 1291.04 feet coincident with sard westright-of.way line ofN. Black Cat Read 1291.Q4 feeta
,SIan !'War/cap I>LS 5451 on the north right-.of-wl/.Y Hoe ofW. Ustlck R.:ladj ,
Thence South 89056'56" West coiDddemwith sajd Porth. right-of-way line ofW. 'Ustlck ROlld 636.1 S f'e=t to a 5/&" rebar/cap
PLS 5461;
Thence North 00"37'55" East tfo~r!)' North 00":37'SO" East), 190.00 fi:ct to !I 5/0" rebar/cap PLS 5461;
The.t\c:e S~lh 89050'55" WeSt (forrncly South. 89056'20" West) p<rrallel with the sOUth line of said southeast Y. of th~
WUthllllSt V. a disran\;c of 229_00 feet to a 518" rebar/cap PIS 5461;
J
ThMl;:S South 00"37'56" Wast (fQrme~l)' So~th a0"'37'SQ" West), 14Q.~ ~to a 518. rebar/cap PLS 5451;
"Thence South 1l3"55'OO" west (fQr;cn",ly South 86":56' West), 379.74 feet to the POINT OF BEGINNlN'G.
The p=l aliove describ(:d contain~ 35.5:2 acres more or less_
,Toðer with an~ Sllbjectto covenants, easemen~, and restrictions ofrec:ord.
- .
~ .~
BllSrs of Bearings is S 89"56'56" W between the 3" brns~ car markin= the SQ~the3st corner of said section ;n ~nd the SIB" reba'r/no '.
ap marking tho South ~ cOl'{let' of said S~cricn 33, Township'4 North, Range 1 West;, Boise Meridian.
-r"jeff'lP-Y with VjYci: of WtA!( fpv- grtkK- C4i; 1<.oo.d. cuuJ USfr'c/( Rotid.
David S. Shol"t J.r~, P.r...s.
End of Description
Licl!!ll'lse NQ.3M {
, "
Exhibit A, page 2
.-/
~4~~ .
1:\)lroJ~IllC;:lrtillfldlb;.-ch."""tOII~\3ut'(~\lq;~I\llOtJndery legQJ 12-23-03
DSSlcp
. 12Il3Jr)3
Eight Mile Lateral in SE1/4,
8.33, TAN, R.1W, B.M., Ada
County, I daho (August 1 994)
Exhibit B
EXHIBIT C
Purpose of License
The purpose of this License Agreement is to permit Licensee to:
1. construct, install and maintain a sanitary sewer line within and across the District's
easement for the Eight Mile Lateral; and
2. construct and install a pressure irrigation line across the Eight Mile Lateral,
all within or near Licensee's real property described in Exhibit A and the right-of-way for Black Cat Road
and Ustick Road, located northwest of the intersection of Black Cat Road and Ustick Road in Meridian, Ada
County, Idaho.
EXHIBIT D
Special Conditions
a. Construction shall be in accordance with certain plans consisting of t!n'ee sheets: sheet C 1.0
entitled "Birchstone Creek Subdivision, Cover Sheet," bearing engineer's stamp dated November 14,2003;
sheet C4.2 entitled "Birchstone Creek Subdivision, Off-Site Improvement Plan," bearing engineer's stamp
dated December 1 0, 2003; and sheet C 11 .0 entitled "Birchstone Creek Subdivision, Irrigation Plan," bearing
engineer's stamp dated December 10, 2003. These plans have been delivered to the District's water
superintendent, are in his possession in his offices, and are hereby incorporated by this reference.
b. Licensee shall notify the water superintendent of the District prior to and immediately after
construction so that he or the District's engineer's may inspect and approve the construction.
C. The Licensee recognizes and acknowledges that the license granted in this agreement by the
District pertains only to the rights of the District as owner of an easement. The District has no right or power
to create rights in the Licensee affecting the holder of title to the property subject to the District's easement.
Any such rights affecting fee title must be acquired by the Licensee from the holder oftitle to the property,
Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained
prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim
by any party arising out of or related to such failure of rights and at the option of the District this agreement
shall be of no force and effect.
d. With respect to the sewer line crossing, the parties expressly agrees that the City of Meridian
shall not be considered the Licensee under the terms of this agreement until the City of Meridian provides
final approval, in writing, of the construction and installation of the sewer line described in Exhibit C ofthis
agreement and takes over the operation and maintenance of said sewer line. Until such time as the City of
Meridian provides final approval in writing, the covenants, conditions and obligations ofthis agreement shall
be binding upon Liberty Development, Inc. and its agents. At such time as the City of Meridian does provide
final approval of the construction and installation of the sewer line, the parties agree that Liberty
Development, Inc. shall be released from any obligations, conditions or covenants ofthis agreement, and
Liberty Development, Inc. shall no longer be considered the Licensee under the terms of this agreement.
e. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or
LICENSE AGREEMENT - Page 7
landscaping within the District's easement, nor perform any construction or activity within the District's
easement for the Eight Mile Lateral except as referred to in this agreement or exhibits thereto without the prior
written consent of the District. The District's easement for the Eight Mile Lateral is 50 feet, 25 feet to either
side of the centerline. .
f. Construction shall be completed one year from the date of this Agreement. Time is of the
essence.
LICENSE AGREEMENT - Page 8
February 1 9, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 24, 2004
ITEM NO.
3.\
REQUEST Well #26 Test Well Lot Lease with Goldcreek Developers
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:
NAMP A MERIDIAN IRRIGA TlON:
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 at the City of Meridian.
City of Meridian
Public Works Dept.
RECEIV
FF8.. 1 lJ znfl/..
'"-- "~ "",toi'
City Of Meridian
City Clerk Office
Memo
To: Brad Watson
From: Lenard Grady Irti
CC: Gary Smith
Date: 2/19/2004
Re: Proposed Agenda Items for February 24,2004 City Council Meeting
x
The Public Works Department respectfully requests the following item(s) be placed on the
February 24 City Council consent agenda:
Well #26 Test Well Lot Lease with GoJdcreek Developers Attached is an agreement with
Goldcreek Developers for access to the proposed future site for Well #26, located south of
Chinden on Locust Grove. The agreement will allow access to the site for drilling of the test
well for the cost of $1.00. If the test well indicates a viable aquifer, the City of Meridian can
purchase the lot for $20,000. This request is for approval of the agreement only.
Recommended Council Action: The Public Works Department recommends
that City Council approve the Lease agreement with Goldcreek Developers for
access during test drilling and authorize the Mayor to sign it.
Well #26 Test Well Drilling Contract with Adamson Two bids were received for this project as
shown in the attached bid tabulation and summarized below:
.
Adamson Pump and Drilling
Treasure Valley Drilling
$48,915.00
$52,107.50
.
Adamson has successfully completed similar test wells.
Recommended Council Action: The Public Works Department recommends
that City Council approve the $48,915.00 contract with Adamson Pump and
Drilling for drilling of Test Well #26 and authorize the Mayor to
sign it.
From the desk of...
Well #20 Pipinq Pressure Zone Modifications Aqreement - Civil Survey The
attached agreement is for the design and construction services of piping
Lenard Grady
Staff Engineer
Meridian Public Works Department
660 E, Watertower, Suite 200
Meridian, Idaho 83642
. Page 1
(208) 898-5500
Fax: (208) 898-9551
gradyl@meridiancity.org
modifications to well #20. These modifications will provide a system for Well #20 to pump to
two separate pressure zones at the same time. This will result in significantly better fire flows
and water distribution in the eastern part of Meridian. The agreement if for $9,980.00
Recommended Council Action: The Public Works Department recommends
that City Council approve the $9,980.00 contract with Civil Survey for pipe
modifications to Well #20 and authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. Page 2
AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 2004, by and between Goldcreek Developers LLC and The City of
Meridian, Idaho with respect to the parcel described as Lot 8, Block 1, Westbourgh
Subdivision, Book 87, Page 9884, Records of Ada County as shown in Figure 1.
Test Well
Goldcreek Developers, owner of the referenced parcel, agrees to allow the City of
Meridian and it's agents access to the site for the purposes of drilling and sampling a
test water well, known as Well #26 Test Well. The City of Meridian agrees to pay
Goldcreek Developers one dollar ($1.00) for the use of this property during the test
drilling. The City of Meridian further agrees to the following:
1) After the test well is completed, the City will reclaim the site to a similar
condition as it existed before the test well was drilled.
2) If the City does not find a viable aquifer, the City will abandon the test
well in compliance with applicable rules and regulations.
Lot Purchase
At the City's sole discretion and based on the results obtained from Test Well #26, the
City may purchase the parcel described above. If the City chooses to purchase the
parcel, Goldcreek Developers agrees to sell the parcel for the total purchase price of
$20,000 and further agrees to cooperate with the City in completing the transaction. If
the fair market value of the lot is greater than $20,000, the excess value shall be
treated as a donation to the City. All closing costs, including Title Insurance, will be split
equally between the two parties.
Well #26 Test Well- 1 of 1
IN WITNESS WHEREOF, the parties do execute this Agreement the day and year first
above written.
GOLDCREEKDEVELOPERS
By
Jim Jewitt
ST ATE OF IDAHO, )
: ss.
County of Ada, )
On this _day of ,2004, before me, the undersigned, a Notary Public
in and for the State of Idaho, personally appeared Jim Jewitt, proved to me on the basis of satisfactory
evidence to the person whose name is subscribed to the within instrument, and acImowledged to me that
the he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
SEAL
Notary Public for Idaho
Residing at:
My Commission Expires:
Well #26 Test Well - 2 of 2
CITY OF MERIDIAN, IDAHO
By:
Tammy de Weerd, Mayor
Attest:
William Berg, Jr., City Clerk
STATE OF IDAHO, )
: ss.
County of Ada, )
On this _day of ,2004, before me, the undersigned, a Notary Public
in and for the State ofIdaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to
me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the
within instrument and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
SEAL
Notary Public for Idaho
Residing at:
My Commission Expires:
Well #26 Test Well - 3 of 3
February 19,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 24, 2004
ITEM NO. 3..'j
REQUEST Well #26 Test Well Drilling Contract with Adamson
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:
NAMP A MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See aHached
~r
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetIngs shall become property of the City of Meridian.
. '
City of, MeriUi~n " ,
PuBliC W(),~~ ;~~~Rt~ " ,';
~? . "..-<:"~"",,.,.-..'<""~;;;-:1"'::V:~^,// c<:"'~" ~';< ~r .,?
1Q
III A
....:;;~,
f:FQ 'I~!
;j..._~..l ,.'
C;iLv. f)f lvIericLisJl
C'1'1~r C'Ilr.q.l; Off],~p
'-c.i....,..f ...<-,,,,-r...~1~~~'-'~
To: Brad Watson
From: Lenard Grady 1rt.2:
CC: Gary Smith
Date: 2/19/2004
Re: Proposed Agenda Items for February 24, 2004 City Council Meeting
The Public Works Department respectfully requests the following item(s) be placed on the
February 24 City Council consent agenda:
Well #26 Test Well Lot Lease with Goldcreek Developers Attached is an agreement with
Goldcreek Developers for access to the proposed future site for Well #26, located south of
Chinden on Locust Grove. The agreement will allow access to the site for drilling of the test
well for the cost of $1.00. If the test well indicates a viable aquifer, the City of Meridian can
purchase the lot for $20,000. This request is for approval of the agreement only.
~
Recommended Council Action: The Public Works Department recommends
that City Council approve the Lease agreement with Goldcreek Developers for
access during test drilling and authorize the Mayor to sign it.
Well #26 Test Well Drilling Contract with Adamson Two bids were received for this project as
shown in the attached bid tabulation and summarized below:
.
Adamson Pump and Drilling
Treasure Valley Drilling
$48,915.00
$52,107.50
.
Adamson has successfully completed similar test wells.
Recommended Council Action: The Public Works Department recommends
that City Council approve the $48;915.00 contract with Adamson Pump and
Drilling for drilling of Test Well #26 and authorize the Mayor to
sign it.
From the desk of.. "
Well #20 Pipinq Pressure Zone Modifications Aqreement - Civil Survey The
attached agreement is for the design and construction services of piping
Lenard Grady
Staff Engineer
Meridian Public Works Department
660 E. Watertower, Suite 200
Meridian, Idaho 83642
. Page 1
(208) 898-5500
Fax: (208) 898-9551
gradyl@meridiancity.org
modifications to well #20. These modifications will provide a system for Well #20 to pump to
two separate pressure zones at the same time. This will result in significantly better fire flows
and water distribution in the eastern part of Meridian. The agreement if for $9,980.00
Recommended Council Action: The Public Works Department recommends
that City Council approve the $91980.00 contract with Civil Survey for pipe
modifications to Well #20 and authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. Page 2
(
Figure 1- Well #26 Test WeJl Location
Well #26 Test Well- 4 of 4
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- I-
February 19, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 24, 2004
ITEM NO, .:s. K
REQUEST
Well #20 Piping Pressure Zone Modifications Agreement -- Civil Survey
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
?
~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
~ . ?, :(
City of Meriaia~ri ~
"eu6lic W&~~ :~i!Rt. : .:.
, ~ _? f ~ '"' ~ ''''"~ f z/, _,J;..",- ~ ,(C "v'''~ ;f; ~' , ""? .
'F;
J
" "1 ,
..,,,.i_il'
FE8 l~l
orrVl8ridiEn,
Clerk Ofiice
e
To: Brad Watson
From: Lenard Grady 1fJ,.1
CC: Gary Smith
Date: 2/19/2004
Re: Proposed Agenda Items for February 24, 2004 City Council Meeting
The Public Works Department respectfully requests the following item(s) be placed on the
February 24 City Council consent agenda:
Well #26 Test Well Lot Lease with Goldcreek Developers Attached is an agreement with
Goldcreek Developers for access to the proposed future site for Well #26, located south of
Chinden on Locust Grove. The agreement will allow access to the site for drilling of the test
well for the cost of $1.00. If the test well indicates a viable aquifer, the City of Meridian can
purchase the lot for $20,000. This request is for approval of the agreement only.
Recommended Councif Action: The Public Works Department recommends
that City Council approve the Lease agreement with Goldcreek Developers for
access during test drilling and authorize the Mayor to sign it.
Well #26 Test Well Drillinq Contract with Adamson Two bids were received for this project as
shown in the attached bid tabulation and summarized below:
.
Adamson Pump and Drilling
Treasure Valley Drilling
$48,915.00
$52,107.50
.
Adamson has successfuJly completed similar test wells.
Recommended Council Action: The Public Works Department recommends
that City Council approve the $48,915.00 contract with Adamson Pump and
Drilling for drilling of Test Well #26 and authorize the Mayor to
sign it.
From the desk of. .'
~
Well #20 Pipinq Pressure Zone Modifications Aqreement - Civil Survey The
attached agreement is for the design and construction services of piping
Lenard Grady
Staff Engineer
Meridian Public Works Department
660 E. Watertower, Suite 200
Meridian, Idaho 83642
. Page 1
(208) 898-5500
Fax: (208)898-9551
gradyl@meridiancity.org
modifications to well #20. These modifications will provide a system for Well #20 to pump to
two separate pressure zones at the same time. This will result in significantly better fire flows
and water distribution in the eastern part of Meridian. The agreement if for $9,980.00
Recommended Council Action: The Public Works Department recommends
that City Council approve the $9,980.00 contract with Civil Survey for pipe
modifications to Well #20 and authorize the Mayor to sign it.
Thank you for your consideration. Please contact me jf you have any questions regarding
any of these items.
. Page 2
CIVIL SURVEY CONSULTANTS, INe.
AGREEIvIENT FOR PROFESSIONAL SERVICES
Project No. 040008
TillS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY
CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this _day of
, 2004. The CLIENT and CSC in consideration of their mutual covenants
herein agree as set forth below.
The Client intends to construct modifications to the existing water system to allow Well No. 20 to feed into the high pressure
zone as well as the low pressure zone in Ustick Road, hereinafter referred to as the PROJECT,
CLIENT INFORMATION AND RESPONSIBILITIES
The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information
as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements,
flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which
CLIENT will require to be incorporated in tlle Drawings and Specifications.
The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings,
probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and
equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property
descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be
available; all of which CSC may use and rely upon in performing services under this Agreement.
The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform
services under this Agreement.
SERVICES TO BE PERFORMED BY CSC
CSC will provide services as outlined in the attached letter dated February 19,2004.
BASIS OF FEE AND BILLING SCHEDULE
The Client will pay CSC for services provided under this Agreement per the attached letter dated February 19, 2004 and
attached fee schedule,
Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS
AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND
CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
above written.
Civil Survey Consultants, Inc.
100 South Adkins Way, Suite 101
:;;d;~~
Timothy A. Burgess, Vice President
City of Meridian
33 E. Idaho Avenue
Meridian, Idaho 83642
BY:
NAME:
TITLE:
A TTEST BY:
NAME:
TITLE:
APPROVED BY CITY COUNCIL:
wo
1 of 7
2/19/04
CIVIL SURVEY CONSULTANTS, me.
TERMS AND CONDITIONS
GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project
described in this Agreement. These services will be performed in accordance with generally accepted professional practices
for the intended use of the project. CSC makes no other warranty either expressed or implied.
CSC shall not be responsible for acts or omissions of any party involved in the Project other than their own. CSC shall not
be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations
issued by CSe.
CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have
authority over or responsibility for the means, methods, teclmiques, sequences or procedures of construction selected by
Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to
comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their
work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume
responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents.
The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points
and sample intervals, CSC will coordinate this work in accordance with generally accepted practice of the professional
services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by
professionals providing soils testing or geotechnical advice.
Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and material basis in
addition to any other payment provided in this Agreement.
OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as part of tile professional
services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor,
materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over
competitive bidding or market conditions, The CLIENT understands that CSC opinions of cost are based on CSC experience
and represents CSC's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or
estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC, The CLIENT
agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of
PROJECT costs.
Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be
considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement.
REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSe. The
CLIENT agrees that no product will be reused without specific written permission of CSC. The CLIENT agrees to
indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all
work products prepared by CSC for the PROJECT.
GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of
this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this
Agreement.
SUCCESSORS AND ASSIGNS - CLIENT and CSCeach is hereby bound and the partners, successors, executors,
administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in
respect of all covenants, agreements and obligations of this Agreement.
Nothing under this Agreement shall be construed to give any rights or benefits in tIlis Agreement to anyone other than
CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and
exclusive benefit of CLIENT and CSC and not for the benefit of any other party,
TIMES OF PAYMENTS - CSC shall submit monthly statements for services rendered and for Reimbursable Expenses
incurred. CLIENT shall make prompt monthly payments, If CLIENT fails to make any payment due CSC for services and
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2/19/04
expenses within thirty (30) days after receipt of esC's statement therefor, the amounts due ese will be increased at the rate
of 15% per month from said tenth day, and in addition, esc may, after giving ten days' written notice to CLIENT, suspend
services under this Agreement until CSC has been paid in full all amounts doe for services, expenses and charges.
TERMINA TION - The obligation to provide further services under this Agreement may be terminated by either party upon
thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the
terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating
party, Iftllis Agreement is terminated by either party, CSC shall be paid for services rendered and for reimbursable expenses
incurred to the date of such termination.
HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not
anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there
is not reason to believe they should be present. ese and the CLIENT agree that the discovery of unanticipated hazardous
materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSC
and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take
immediate measures to protect human health and safety, and/or the environment. CSC agrees to notifY the CLIENT as soon
as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The
CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect
the health and safety of CSC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC
for the additional cost of such work. [n addition, the CLIENT waives any claim against CSC, and agrees to indemnify,
defend and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering unanticipated
hazardous materials or suspected hazardous materials, The CLIENT also agrees to compensate CSC for any time spent and
expenses incurred by cse in defense of any such claim, with such compensation to be based upon ese's prevailing fee
schedule and expense reimbursemel!t policy.
DISPUTE RESOLUTION - All claims, disputes or controversies ansmg out of, or in relation to the interpretation,
application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed
alternative dispute resolution technique, The CLIENT and esc agree non-binding mediation or other mutually acceptable
alternative dispute resolution technique shan precede litigation or recourse to other judicial forums.
RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the
other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other
judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable' attorney's
fees, court costs, expelt witness fees and other documented expe11seS, as well as the value of time spent by the prevailing
party and those in his or her employ in researching the issues in questions, discussing matterS with attorneys and others,
preparing for depositions, responding to interrogatories, and so on. The value of time spent and the expenses incurred shall,
on CSC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the
recovery of direct project costs.
EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and
CSC and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended
only by written instrument signed by both CLIENT and CSC,
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2/19/04
Glenn K. Bennett, P.L.S.
President
Timothy A. Burgess, P.E.
Vice Presi dent
Labor:
Civil Survey Consultants, Inc.
100 South Adkins Way
Suite 101
Meridian, Idaho 83642
(208)888-4312
Fax 888-0323
CIVIL SURVEY CONSULTANTS
PREV AlLING FEE SCHEDULE
EFFECTIVE OCTOBER 1, 2002
Project Manager
Chief of Surveys
Project Engineer
Design .Engineer
Design/Survey Technician 1
Design/Survey Technician 2
Direct Expenses:
WO
GPS
Vehicle 2- \Vheel Drive
Vehicle 4-Wheel Drive
Outside Printing
Long Distance Telephone
Sub-Consultants
- $ 90.00 per hour
- $ 90,00 per hour
- $ 70.00 per hour
- $ 65.00 per hour
- $ 60,00 per hour
- $ 55.00 per hour
- $ 40.00 per hour
- $ No Charge
- $ No Charge
- $ Cost
- $ Cost
- $ Cost
.4 of 7
2/19/04
Glenn K. Bennett, P.L.S.
President
Civil Survey Consultants, Inc.
100 South Adkins Way
Suite 10]
Meridian, Idaho 83642
(108)888-4312
Fax 888-0323
Timothy A. Burgess, P.E.
Vice President
February 19,2004
Len Grady
City of Meridian
660 E, Wateltower
Meridian,ID 83642
Re: Ustick Road Pressure Zone Separation
Dear Len:
Thank you for considering Civil Survey Consultants to provide professional services for design of water
main modifications in Ustick Road. The following is our understanding oftlle scope of services to be
provided:
Meridian desires to modify the existing water system to allow Well No, 20 to feed into the high-pressure
zone as well as the low-pressure zone. The cuuent plan is to install a pressure-reducing valve in the
existing discharge from Well No. 20 just upstream of the existing tee cormection in Ustick Road, A new
pipeline cOlmection will be made between the PRY and Well No. 20 and new 12-inch water main will be
laid parallel to Ustick Road east to Meridian. Road, On the east side of Meridian Road the new pipeline
will COlmect to an existing 12-inch main line that will become a high zone pipe. A second PRY will be
installed at the entrance to Bedford Place Subdivision on the south side of Ustick Road.
Civil Survey Consultants will perform field surveys as necessary for the design, and will prepare plans
and specifications for the City's use in bidding and constructing the project. The plans and
specifications will be submitted to the City of Meridian, Ada County Highway District, Idaho
Department of Health and Welfare, and local utility companies for review and approval prior to
construction. Civil Survey Consultants will answer questions prior to the bid opening, attend the bid
opening, and provide construction' services. Construction services will include random field inspections,
preparation of monthly payment estimates, preparation of change orders if necessary and preparation of
record drawings. Full time construction observation is not included in this scope of services.
The City of Meridian will provide all available infonnation, a.lTange for utilities to be marked for plan
preparation, perform plan reviews, conduct the bid opening, prepare and execute all construction
contract documents, and provide construction administration including full time construction
observation.
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2/19/04
Grady
February 19,2004
Page 2 of2
We propose to provide the Design Services as outlined above on a time and materials basis with a not to
exceed amount of$ 9,980.00 without prior approval of the City of Meridian.
If the proposed scope of services and fee estimates are acceptable please sign and retUl11 one copy of the
enclosed Agreement for Professional Services,
Sincerely,
~Consultal1ts, Inc.
~g~
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2/19/04
Civil Survey Consultants
Man-hour Estimate
City of Meridian
Ustick Road Pressure Zone Separation
Task Description Project Chief Project Desig n Technician I Technician II GPS Total
Manaoer of Survevs EnQ ineer Enoineer
1. Coordination and MeetiOQS 1 1 2
2. DesiQn Surveys 12 12 12 24
2. Cover Sheet (1) 2 2
3. Plan Sheets (2) 4 48 52
4. Standard Detail Sheet (1) 2 2
5. Contract Documents 8 8
5. Bid Schedule & Estimate 4 2 6
9. Utllitv Coordination 4 4
10. ACHD Coordination 4 4
11. Review and Approval 1 4 8 13
12. Construction 4 8 4 16 4 32
Total Man-Hours 6 0 37 0 16 90 16 149
Classification Hours Rate Total
Proiect Manaoer 6.00 $90.00 '" $540.00
Chief of Surveys 0.00 S90.00 " SO.OO
Proiect Engineer 37,00 S70.00 = $2,590.00
Desion Enoineer 0.00 $65.00 = $0.00
Technician I 16.00 $60.00 " $960.00
Technician II 90.00 $55.00 - $4.950.00
Labar Subtotal 149.00 59,040.00
Classification Hrs/Miles Rate Total
Misc. Printino 5300.00
GPS 16.00 fa) $40.00 - $640.00
Direct Subtotal 5940.00
Total Design Fees
$9,980.00
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2/19/04
February 12, 2004 Department Reports
MERIDIAN CITY COUNCIL MEETING February 17,2004
APPLICANT Parks and Rec Dept. - Doug Strong ITEM NO. lD.. 8,. ;l.;
REQUEST Agreement with Meridian Youth Baseball
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AlTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
~ W#lv}
V rf-P-!/ 4'J?V j vJ
P 't/P
fv
Contacted:
EmaUed:
Date:
Staff Initials:
Materials presented Qt public meetings shall become property of the City of Meridian.
Phone:
January 8, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
January 13, 2004
ITEM NO.
s-
REQUEST Discussion of Meridian Youth Baseball Concpet for Settler's Park by Doug Strong
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Memo
rhl/
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f~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
o 0
Meridian Parks & Recreation "
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'> ,"" ~.~, .b
Memo
RECEIVED
DEe 1 5 2003
From:
Mayor and City Council
Doug Strong, Director No
City of Meridian
City Clerk OfficE:
To:
Date:
December 12, 2003
Re: Remote Con rack Park and Recreation Commisso
Ordinance Meridian Youth Baseball Concept for Settler's Pa 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.
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.
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 balded 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.
CITY OF MERIDIAN
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will
hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho,
at 7:00 p.m. on Tuesday, February 24, 2004, for the purpose of considering applying
for an Idaho Community Development Block Grant in the approximate amount of
$100,000. These funds would be utilized to make accessibility and health and safety
improvements to the Meridian Senior Citizen Center.
The hearing will include a review of:
1. How the need for the proposed activities were developed.
2. How the proposed activities will be funded and sources of funds.
3. Date application is submitted.
4. Requested amount of ICDBG funds.
5. Estimated portion of the ICDBG funds requested that would benefit persons
of low and moderate income.
6. Where the proposed activities will be conducted.
7. Plans to minimize displacement of persons and businesses as a result of
funded activities.
8. Plans to assist persons actually displaced, and
9. The nature of the proposed activities.
The funds are authorized by the Department of Housing and Urban Development
Act of 1974. A copy of the application and application handbook is available for review
at the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho
during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m.
Any and all interest persons shall be heard at said public hearing, and the public is
welsome and invited to submit testimony. Oral testimony may be limited to three (3)
minutes per person. Written materials and comments may be submitted and accepted
up to five (5) days after the hearing. All materials presented at public meetings shall
become property of the City of Meridian.
The public hearing will be held in a facility accessible to persons with disabilities.
Anyone desiring accommodation for disabilities related to documents and lor hearings,
please contact the City Clerk's office at 888-4433 at least 48 hours prior to the public
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Dated this 13ths day of February, 2004. Ii
d~4
WILLIAM G. BERG, J
PUBLISH 16th and 23rd of February, 2004
c
FEB ? 'f
City OfIVleridi3,ul
;City Clerk Office
WHITE PETERSON
ATTORNEYS AT LAw
KEvIN E. DINIUS
JULIE KLEIN FISCHER
CHRlSfOPHERD. GABBERT
WM. F, GIGRAY, III
T. GUYHALLAMH
JILLS. HOLlNKA
JOflNR. KORMANIK'"
WILLlAMA. MORROW
WILLlAMF. NICHOLS'"'"
WHITE PETERSON, P.A.
CANYON PARK ATTIIE IDAHO CENTER
5700 E. FRANKLIN RD., SUITE 200
NAMPA, IDAHO 83687-7901
TEL (208) 466-9272
FAX (208) 466-4405
CHRlSfOPHERS, NYE
PHILIP A. PlITERSON
TODDA. ROSSMAN
TERRENCER. WHITEH,"
. Also admitted in CA
.. Also admitted in OR
.u Also admitted in WA
February 23,2004
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
Re:
HARRIS HOMES, LLC I HIGHGATE SUBDIVISION NO.2 I
FINAL PLAT - (FP-04-002)
Dear Will:
Regarding the above referenced matter, please find enclosed the original of the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the
Mayor and yourself. Please serve a copy ofthe ORDER upon the Applicant, with a Certificate of
Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office.
If you have any questions, please give me a call.
Very truly yours,
Wm. F. Nichols
Z:\Work\M\Meridian\Meridian I 5360M\Highgate Sub No.2 FP-04.002\ClerkFPltr 02 24 04,doc
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02/17/04
IN THE MATTER OF THE )
APPLICATION OF HARRIS )
HOMES, LLC FOR APPROVAL OF )
45 SINGLE-FAMILY )
RESIDENTIAL BUILDING LOTS )
AND 4 OTHER LOTS ON 10.49 )
ACRES IN AN R-8 ZONE FOR )
HIGH GATE SUBDIVISION NO.2, )
LOCATED ON THE EAST SIDE OF )
MERIDIAN ROAD, )
APPROXIMATELY 1/3 A MILE )
SOUTH OF USTICK ROAD, )
MERIDIAN, IDAHO )
)
CASE NO. FP-04-002
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 tabled until February 17, 2004, and the
Council finding that the Administrative Review is complete from Steve Siddoway for the
Planning and Zoning Department, and Bruce Freckleton, Engineering Teclmician III, dated:
February 12, 2004, to the Mayor and Council, and that Anna Powell Planning Director for the
Planning and Zoning Department, commented at the hearing, and the Council having considered
the requirements of the preliminary plat the Council takes the following action:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-04-002)
Page 1 of5
(
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING HIGHGATE SUBDIVISION PHASE 2,
LOCATED IN GOVERNMENT LOTS 4 & 5 OF SECTION 6, T.3N., R.IE., B.M.,
MERIDIAN, ADA COUNTY, IDAHO 2004,03-112, SHEET 1 OF 3, PHASE 2 - ISG PLAT,
JOB NO. 03-014-00, SHEET NO.3, REVISIONS: ADDED NOTE 13, REMOVED
PROPOSED EASEMENTS AT REAR OF LOTS 29, 32-36 BLOCK 3 BY: MMM DATE: 2-6-
04, HANDWRITTEN DATE: 2-6-04, STAMPED: RECEIVED FEB 11 2004 CITY OF
MERIDIAN CITY CLERK OFFICE, EAGLE SPRINGS INVESTMENTS, LLC -
DEVELOPER, MUNGER ENGINEERING, INC. - ENGlNEER", Eagle Springs Investments,
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 Steve Siddoway for the Planning and Zoning Department, dated: February 12,
2004, listing 20 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 additional requirements from the action
of the Council taken at their February 17 2004 meeting as follows, to-wit:
1.1 Per the action of the City Council taken at their February 17, 2004
meeting, the following shall be a requirement:
1. The developer shall be required to complete the Encroachment
Agreement with Nampa & Meridian Irrigation District prior to
signature on the Final Plat.
2. The developer shall be required to tile the Onweiler Lateral,
construct a pathway and fencing along the Onweiler Lateral per
Staffs approval, as the same was required of Silhouette
Subdivision.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-002)
Page 2 of5
3. The developer shall be required to construct a public easement
on Lot 29, Block 4, and reference it on the Plat, as well as
have the public easement recorded prior to signature on the
Final Plat.
1.2 Adopt the Recommendations of the Central District Health
Department as follows:
The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that
plans must be submitted to and approved by the Idaho Department
of Health and Welfare, Division of Environmental Quality for
central sewage and central water; that run-off is not to create a
mosquito breeding problem; and it is suggested that stormwater be
pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality; that engineers and architects should obtain current best
management practices for stormwater disposal and design a
stormwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
1. State 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 andlor the appropriate letter of credit or cash has been issued
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-002)
Page 3 of5
guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing~ and must be filed with
the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter
at issue. A request for a regulatory takings analysis will toll the time period within which a
Petition for Judicial Review may be filed.
Please take notice that this is a final action ofthe governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by 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
/7 -If::.
day of
,Q6rn~1-'
, 2004.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-002)
Page 4 of5
and City Attorney.
~~
Attest:
By:JI~P-~!b-
Dated:
2 - 24---(/ F/
Z:\Work\M\Meridian\Meridian I 5360M\Highgate Sub No.2 FP-04-002\OrderFP.doc
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-002)
Page 5 of5
;
/
MAYOR
Tammy de Weerd
t"""'-- ~ / CITY OF.>_-s;~
\..-/VLerzdian
IDAHO
CITY HALL
(208) 888-4433 -Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 - Fax 898-9551
CITY COUNCIL MEMBERS
Keith Bird
William L.M. Nary
Shaun Wardle
Charles M. Rountree
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
I r SJNCI
i 190)
MEMORANDUM:
February 12, 2004
To:
Mayor & City Council
Steve Siddoway, Principal Planner #~
Bruce Freckleton, Engineering Tech III ~
Highgate SUQdivision No.2
Request for a Final Plat Approval of Highgate Subdivision No.1, Consisting of
Forty Five (45) Single-family Residential Building Lots and Four (4) Other Lots
on 10.49 Acres in an R-8 Zone by Harris Homes, LLC
(File No. FP-04-002).
From:
Re:
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
Note: This staff report is based on the revised plat dated 2/6/04 and the revised landscape plan
dated 2/9/04.
This is the second (and final) phase of the Highgate Subdivision, located on the east side of
Meridian Road, approximately 1/3 a mile south of Ustick Road. This phase of the subdivision
includes 45 single family building lots and 4 "other" (landscaping/open space/drainage) lots.
The gross density of Phase No.2 is approximately 4.29 dwelling units/acre; net density is
approximately 5.45 dwelling units/acre.
The subdivision was previously approved as a Planned Development to allow reduced lot
sizes, reduced frontage requirements, reduced setbacks, reduced minimum house size, and to
exceed block length requirements. There are a few special considerations noted below. Upon
resolution of those items. staff recommends approval of the plat.
PLANNING AND ZONING DEPARTMENT
660 E. WATERTOWERLANE, STE, 202, MERIDIAN, IDAHO 83642
(208) 884-5533 - Fax 888-6854
EXHIBIT "A" 1 OF 5
SPECIAL CONSIDERATIONS
1. Public Easement: Condition 2 on page 12 of the Preliminary Plat Findings specifies that
a public access easement will be required 0 n Lot 2 9, Block 4. T he Conditional Use
Permit requires that the public easement be recorded prior to signature on the final plat.
The easement has not yet been executed. Therefore, the applicant should record an
easement and reference it on the plat prior to signature on the final plat. See
Requirement # 3 below.
2. Ditch Tiling: During the Preliminary Plat, it was stated that the issue of whether or not
to tile the Onweiler Lateral would be discussed with the final plat, based on the similar
conditions of approval on Silhouette Subdivision. Since the standard requirement to tile
the Onweiler was waived for Silhouette, citing the public interest of getting a pathway,
staff recommends the same for Highgate. See Requirement #4 below.
3. Encroachment Agreement: Preliminary Plat Finding #6, page 6 required a copy of the
encroachment agreement for the South SloughlFinch Drain with Nampa & Meridian
Irrigation District (NMID) to be submitted with the final plat application. The
agreement has been reviewed by NMID staff, but has not yet been acted on by the
NMID Board, and therefore has not been submitted with the application. Council should
determine whether it- is appropriate to require the agreement prior to acting on the plat
request, or prior to signature on the final plat. Staff recommends requiring a copy of the
agreement prior to signature on the final plat. However, if the applicant is unsuccessful
in obtaining the encroachment agreement, the property will have to be replatted because
the remaining lot area would not conform to the minimum lot size approved with the
Plarmed Development. See Requirement #5 below.
SITE SPECIFIC REQUIREMENTS
1. Applicant shall meet all terms of the approved Preliminary Plat, Conditional Use Permit
and the recorded Development Agreement.
2. The fencing plan will require the following modifications:
. All solid fencing shall taper down to 3 feet maximum within 20 feet of all right-of-
way.
. The perimeter fencing along the rear lot lines of the Lots 20-28 of Block 4 shall be
changed from 4' dog ear fencing to 4-foot vinyl.
Submit a revised fence plan for approval prior to signature on the final plat.
3. Submit a copy of a recorded public access easement across lot 29, Block 4 prior to
signature on the final plat. Reference the instrument number of the easement on the plat.
4. Council waives the requirement to tile the Onweiler Lateral, as it will be improved with
a public pathway and landscaping per the landscape plan. The South SloughlFinch
Drain is also exempt from tiling requirements.
PLANNING AND ZONING DEPARTMENT
660 E. WATERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642
(208) 884-5533 - Fax 888-6854
EXHIBIT "A" 2 OF 5
(
5. The applicant shall submit a copy of the encroachment agreement with Nampa &
Meridian Irrigation District (NMID) prior to signature on the final plat. If the applicant
is unsuccessful in obtaining the encroachment agreement, the property must be replatted
because the remaining lot a rea would not conform tot he minimum lot size approved
with the Planned Development.
6. The Landscape Plan will require the following modifications:
. The berms in the drainage area will need to be modified or deleted.
. Accurately depict the depth ofthe drainage area in relation to the tot lot.
The applicant shall submit a revised landscape plan for approval prior to signature on
the final plat.
7. The applicant shall provide a cash deposit for Y2 of the cost of the crossing of the
Onweiller Lateral at North Moorgate Way. The amount of the deposit shall be based on
110% of the bid for the crossing. Deposit shall be made prior to signature on the final
plat.
8. All existing trees adjacent to the South Slough/Finch Lateral shall be protected during
construction and retained on site.
9. Revise plat note number 11 as follows:
".. . area of 1400 SF, excluding garage area."
10. Create 10-foot wide public utilities, drainage and irrigation easements across the rear of
all lots.
11. The pressurized irrigation system within this development is to be owned and
maintained by the N ampa & Meridian Irrigation District. T he application incorrectly
states that it will be owned by the Homeowners Association. The City of Meridian
requires that pressurized irrigation systems be supplied by a year-round source of water.
If a creek or well source is not available, a single-point connection to the culinary water
system shall be required. If a single-point connection is utilized, the developer shall be
responsible for the payment of assessments for the common areas prior to signature on
the final plat by the Meridian City Engineer.
12. Street signs are to be in place, water system shall be approved and activated, pressurized
irrigation system approved and activated, drainage lots constructed, fencing installed,
and road base approved by the Ada County Highway District prior to applying for
building permits. All development improvements, including fencing, micro-paths,
irrigation, and landscaping shall be installed and approved prior to obtaining certificates
of occupancy. A letter of credit or cash surety in the amount of 110% will be required
for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
13. Applicant will be responsible to construct the sewer and water mains to and through this
proposed development, thereby making them available to adj acent properties.
PLANNING AND ZONING DEPARTMENT
660 E. W ATERTOWER LANE, 8TE. 202, MERIDIAN, IDAHO 83642
(208) 884-5533 - Fax 888-6854
EXHIBIT "A" 3 OF 5
Subdivision designer to coordinate main sizing and routing with the Public Works
Department.
14. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
15. Correct the discrepancy between the bearing shown (S 85039'01"E) on the second leg of
the boundary from the northwest point of Lot 29, Block 4, and the corresponding bearing
of the legal description (S 85030'OI"E) of the Certificate of Owner's.
16. Graphically depict 8-foot wide public utility, drainage and irrigation easements along
side lot lines wherever pressurized irrigation mains are present.
17. Add right-of-way width dimensions across the E. Ryegate Drive near the intersection of
E. Haskins Drive, and along the boundary at the west end ofE. Ryegate Drive.
18. Correct the typo in the legal description of the Certificate of Owner's at the "said point
efbeing the Real Point of Beginning. .."
19. All stormwater detention areas shall be designed so that they are not "wet ponds." Any
drainage areas ( detention/retention basins) must bed esigned toe nsure 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.
20. Staffs failure to cite specific ordinance requirements 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 Ordinance 12-4-13, except as waived by City Council. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works Department.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
3. One-Hundred watt (lOOw), high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed
at subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. Street light contractor to obtain design and permit from the
Public Works Department prior commencing installations.
PLANNING AND ZONING DEPARTMENT
660 E. WATERTOWERLANE, STE. 202, MERIDIAN, IDAHO 83642
(208) 884-5533 - Fax 888-6854
EXHIBIT "A" 4 OF 5
4. Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
5. 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 Department.
8. Provide sidewalks in accordance with the MCC.
PLANNING AND ZONING DEPARTMENT
660 E. W A TERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642
(208) 884-5533 - Fax 888-6854
EXHIBIT "A" 5 OF 5
~ lLMQ( Rost Ro( ~0b\\v 06*i{~j-1httvtIC0 lv
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, February 24,2004 at 7:00 p.m.
City Council Chambers
1. Ron-can Attendance:
Shaun Wardle
Charlie Rountree
Bill Nary
Keith Bird
Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Consent Agenda:
A. Approve minutes of February 3, 2004 City Council Regular
Meeting:
B. Findings of Fact and Conclusions of Law for Approval: 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:
C. Findings of Fact and Conclusions of Law for Approval: 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:
D. Attorney to prepare Findings of Fact and Conclusions of Law
for Approval: 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
Crossina Commercial Subdivision by Hawkins Companies -
northwest corner of West Cherry Lane and North Linder Road:
E. Ratify Adoption of Resolution No. 04-426: Amendment to
the Collective Labor Agreement, between the City of Meridian
and Local #2311 International Association of Fire Fighters:
F.
Resolution No.
04-427
: Park Fee Use 2004:
Meridian City Council Agenda - February 24, 2004 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to oocul\lents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting,
G.
Resolution No. 04-428
Aareement Service Fee:
Third Party Bmina
H. Three Party License Aareement with NMID - Eight Mile lateral
Sewer Crossing:
I. Well #26 Test Well lot Lease with Goldcreek Developers:
J. Well #26 Test Well Drillina Contract with Adamson:
K. Well #20 Pipina Pressure Zone Modifications Agreement
Civil Survey:
L. Agreement with Meridian Youth Baseball:
M. Development Agreement: AZ 03-026 Request for
Annexation and Zoning of 5.11 acres from RT to C-G and I-L zones
for Cortabitarte Annexation by Jack Cortabitarte - south of East
Fairview Avenue, and west of North Eagle Road:
4. Department Reports:
A. Public Works Department - Brad Watson
1. Discussion of Water Division Space Analysis Study:
5. (Items Moved from Consent Agenda)
6. Tabled from February 17, 2004: FP 04-008 Request for Final Plat
approval of 56 single-family residential building lots and 2 common lots on
17.8 acres in an R-4 PD zone for Lochsa Falls Subdivision No.9 by
Lochsa Falis, LLC - west of North Linder Road and south of West
Chinden Road:
7. Tabled from February 17, 2004: FP 04-007 Request for Final Plat
approval of 26 single-family residential building lots and 1 common lot on
11.96 acres in an R-4 PD zone for Lochsa Falls Subdivision No. 10 by
Lochsa Falls, LLC - west of North Linder Road and south of West
Chinden Road:
8. FP 04-005 Request for Final Plat approval of 28 single-family residential
building lots on 6.9 acres in an R-8(PD) zone for Quenzer Commons
Subdivision No.5 by Brighton Development, Inc. - west of North Locust
Grove Road and north of East Ustick Road:
Meridian City Council Agenda - February 24, 2004 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting.
9. FP 04M010 Request for Final Plat approval of 28 single-family residential
building lots on 5.4 acres in an R-8 (PO) zone for Quenzer Commons
Subdivision NO.6 by Brighton Development, Inc. - west of North Locust
Grove Road and north of East Ustick Road:
10. FP 04-011 Request for Final Plat approval of 15 commercial building lots
on 4,15 acres in an L-O zone for Stokesberrv Subdivision No.2 by Jon
Barnes, Properties West, Inc. - south of East Ustick Road and west of
North Eagle Road:
11. FP 04-012 Request for Final Plat approval of 12 commercial lots and 5
common lots on 8.55 acres in an L-O zone for Cedar Sprinas
Subdivision No.5 by Kevin Howell- south of McMillan Road and west of
North Meridian Road:
12. Public Hearing: Idaho Community Development Block Grant -
Meridian Senior Citizen Center:
13. Continued Public Hearing from November 5, 2003: AZ 03M018
Request for annexation and zoning of 43.86 +/- acres from RT to C-G
zones for Kissler I Cobbs I Eaav / Ruwe by BRS Architects - southwest
corner and southeast corner of North Eagle Road and East Ustick Road:
14. Continued Public Hearing from November 5, 2003: AZ 03-022
Request for annexation and zoning of 5 acres from RT to C-G zones for
Kissler (Dealv Parcel) by BRS Architects - southeast corner of East
Ustick Road and North Eagle Road:
15. Public Hearing: V AR 04-001 Request for a Variance to ordinance MCC
11-9-1 height restrictions in a C-G zone for Silverstone Corporate
Center & Business Center by Sundance Investments - southeast corner
of East Overland Road and South Eagle Road:
16. Public Hearing: AZ 03M035 Request for Annexation and Zoning of 70.64
acres from RUT to R-8 zone for proposed Settlement Bridae
Subdivision by Capital Development - 2205 East McMillan Road:
17. Public Hearing: PP 03-041 Request for Preliminary Plat Approval of 266
single-family residential building lots and 34 common lots on 70.64 acres
in a proposed R-8 zone for proposed Settlement Bridae Subdivision by
Capital Development - 2205 East McMillan Road:
18. Public Hearing: CUP 03M065 Request for Conditional Use Permit for a
Planned Development to allow single family residential and attached
single family in a proposed R-8 zone for proposed Settlement BridQe
Subdivision by Capital Development - 2205 East McMillan Road:
Meridian City Council Agenda ~ February 24, 2004 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 88&-4433 at least 48 hours prior to the public meeting.
19. Public Hearing: AZ 03-028 Request for Annexation and Zoning of 7.98
acres from RUT to R-8 zones for proposed Cobblefield Crossina
Subdivision No.2 by Initial Point, LLC -1295 West McMillan Road:
20. Public Hearing: PP 03-033 Request for Preliminary Plat approval of 40
single-family building lots and 7 common lots on 7.98 acres in a proposed
R-8 zone for proposed Cobbler-eld Crossina Subdivision No.2 by Initial
Point, LLC - 1295 West McMillan Road:
21. Public Hearing: CUP 03-059 Request for a Conditional Use Permit for a
Planned Development for reduced requirements for frontage, lot size,
minimum house size and street side building setback in a proposed R-B
zone for proposed Cobblefield Crossina Subdivision No.2 by Initial
Point, LLC - 1295 West McMillan Road:
22. Ordinance No. AZ 03-026 Request for
Annexation and Zoning of 5.11 acres from RT to C-G and I-L zones for
Cortabitarte Annexation by Jack Cortabitarte - south of East Fairview
Avenue, and west of North Eagle Road:
23. Ordinance No. AZ 03-034 Request for
Annexation and Zoning of 11.31 acres from RUT to R-8 and L-O zones for
proposed Razzberrv Crossina by Carl and Bonnie Reiterman - south of
East McMillan Road and west of North Locust Grove Road:
Meridian City Council Agenda - February 24, 2004 Page 4 of 4
All materials presented at public meetings shall become property ofthe City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
** TX CONFIRMATION REPORT **
(
AS OF FEB 20 '04<'14:25 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDI:l STATUS
28 02/20 14:133810160 EC--S 02'58" 006 182 OK
29 02/20 14:17 12084664405 EC--S 01'43" 006 182 OK
30 02/20 14:19 8841159 EC--S 01'43" 006 182 OK
31 02/20 14:21 2088840744 EC--S 01'42" 006 182 OK
32 02/20 14:23 POLICE DEPT EC--S 01'42" 006 182 OK
-~-------------------~----------------------------------------------------------------------
V lLMu XDSr ~( Y0IcAi01001lLe/- f vtttHlV;) .
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, February 24, 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. Adoption of the Agenda:
3. Consent Agenda:
A. Approve minutes of February 3, 2004 City Council Regular
Meeting:
B. Findings of Fact and Conclusions of Law for Approval: 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 Under
Road:
C. Findings of Fact and Conclusions of Law for Approval: 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
Under Road:
D. Attorney to prepare Findings of Fact and Conclusions of Law
for Approval: PFP 03-004 Request for Preliminary I Final Plat
approval of 2 building lots on 3.775 acres in a C-N zone for Cherrv
Crossing Commercial Subdivision by Hawkins Companies -
northwest corner of West Cherry Lane and North Linder Road:
E. Ratify Adoption of Resolution No. 04-426: Amendment to
the Collective labor Agreement. between the City of Meridian
and Local #2311lntemational Association of Fire Fighters:
F.
Resolution No.
04-427
: Park Fee Use 2004:
M.ri~i...Cit;yCOWloilAg""""-f~2i,2004 VAlle.or4
All ~b ~d o:l.pubUc meetin!lll mo.u bccODlo propaty ofthc city otMoridion.
Anyone dasiriug""cnmmod3.tion fa<: diEJlhiliti.estdated t-) doWlU/:llt.. anGlor hearing>:
pI""",, COt1tl<:ttll. City CJorlc'. alii.. 8l888-4433 :It I&st 4& lloum prior to \he public mooting.
** TX CONFIRMATION REPORT **
AS OF FEB 20 '04 15:20 PAGE. 01
CITY OF MERIDIAN
01
02
03
04
05
86
07
88
89
10
11
12
13
14
15
16
17
18
19
20
21
DATE TIME TO/FROM MODE MIN/SEC PGS
02/20 14: 26 8985501 EC--S 01' 42" 086
02/20 14: 28 LI BRARY EC--S 02' 16" 006
02/28 14:31 92083776449 EC--S 01'42" 006
02/20 14: 33 208 388 6924 EC--S 02' 14" 006
02/20 14: 36 2088886854 EC--S 01' 42" 006
02/20 14:38 ALL AMERICAN INS EC--S 01'42" 006
02/20 14:40 208 895 0390 EC--S 01'41" 006
02/20 14:43 128300040 G3--S 02'15" 006
02/20 14:45 208 387 6393 EC--S 01'41" 006
02/20 14:47 ADA CTY DEUELMT G3--S 03'18" 006
02/20 14: 52 8885052 EC--S 01' 43" 006
02/20 14: 54 CHERRY LANE G3--S 133' 413" 006
82/20 14:58 POST OFFICE G3--S 80'55" 800
02/20 15: 00 POST OFFICE G3--S 80' 55" 000
02/20 15:01 POST OFFICE G3--S 00'55" 800
02/20 15:02 POST OFFICE G3--S 00'56" 000
02/20 15:04 IDAHO ATHLETIC C EC--S 01'42" 006
02/20 15: 06 887 0816 G3--S 03' 41" 006
02/20 15: 11 ID PRESS TRIBUNE EC--S 01'50" 806
02/20 15:13 2088886701 EC--S 01'43" 006
02/20 15: 18 PUBLI C WORKS EC --S 01 ' 44" 006
THIS DOCUMENT IS STILL IN MEMORY
CMDt:1
182
182
182
182
182
182
182
182
182
182
182
182
182
182
182
182
182
182
182
182
182
STATUS
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
INC
INC
INC
INC
OK
OK
OK
OK
OK
-----------------------------------------------------~~-------------------------------------
v ~V ~ost ~( YV'tA\0 }JD~Le/- f VL(,tVHv:> -
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, February 24, 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle
Charlie Rountree
Bill Nary
Keith Bird
Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Consent Agenda:
A. Approve minutes of February 3, 2004 City Council Regular
Meeting:
R
t:inliinne:. nf i:D.... ~....rI t'...........n...:--... -..: I _u. ~__ '" --~- _1_
...... IIIilA
CITY OF MERIDIAN
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will
hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho,
at 7:00 p.m. on Tuesday, February 24, 2004, for the purpose of considering applying
for an Idaho Community Development Block Grant in the approximate amount of
$100,000. These funds would be utilized to make accessibility and health and safety
improvements to the Meridian Senior Citizen Center.
The hearing will include a review of:
1. How the need for the proposed activities were developed.
2. How the proposed activities will be funded and sources of funds.
3. Date application is submitted.
4. Requested amount of ICDBG funds.
5. Estimated portion of the ICDBG funds requested that would benefit persons
of low and moderate income.
6. Where the proposed activities will be conducted.
7. Plans to minimize displacement of persons and businesses as a result of
funded activities.
8. Plans to assist persons actually displaced, and
9. The nature of the proposed activities.
The funds are authorized by the Department of Housing and Urban Development
Act of 1974. A copy of the application and application handbook is available for review
at the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho
during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m.
Any and all interest persons shall be heard at said public hearing, and the public is
welsome and invited to submit testimony. Oral testimony may be limited to three (3)
minutes per person. Written materials and comments may be submitted and accepted
up to five (5) days after the hearing. All materials presented at public meetings shall
become property of the City of Meridian.
The public hearing will be held in a facility accessible to persons with disabilities.
Anyone desiring accommodation for disabilities related to documents and lor hearings,
please contact the City Clerk's office at 888-4433 at least 48 hours prior to the public
hearing.
Dated this 13ths day of February, 2004.
WILLIAM G. BERG, JR. - CITY CLERK
PUBLISH 16th and 23rd of February, 2004
CITY OF MERIDIAN
PUBLIC HEARING
SIGN..UP SHEET
DATE 8- 2--04-
ITEM # 1/
Ic;d;5 (-; -- h..hlt:lr~ Jr, Cf/~
PROJECT NUMBER
PROJECT NAME
c 12-yv{..e-... -l'V~-pn9 V'e ~f
NAME (PLEASE PRINT) FOR AGAINST NEUTRAL
RECEI'\fEfl
.J$'
f~1l\R -? ?l1flL
r,rrv () F 1\lfR R H) T A "[4:\
February 26, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
March 2. 2004
ITEM NO.
u
REQUEST Continued Public Hearing from February 24, 2004 - Idaho Community Development
Block Grant - Meridian Senior Citizen Center
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 previous Item Packet
(Iv
JiJ[t- P
~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
February 19, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
February 24, 2004
ITEM NO. --11-
REQUEST Public Hearing - Idaho Community Development Block Grant - Meridian Senior
Citizen Center
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 DE?T:
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
-~
C /{J'/ \ ,
'JIDD4"
(Jv 2,;,
-kt ~oJl'
p I Iv
.-
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at publiC meetings shall become property of the CIty of Meridian.
'R/ECEIVEr;
MAR 1 6 2004
City of Meridian
City Clerk Office
WHITE PETERSON
ArrORNEYSAT LAw
KEVIN E. DINIUS
JULIE KLEIN FISCHER
CHRISTOPHER D. GABBERT
WM. F. GIGRAY, III
T. GUY HALLAM **
JILLS, HOLlNKA
JOHN R, KORMANIK'
WILLIAM A, MORROW
WILLIAM F. NICHOLS **
WHITE PETERSON, P,A,
CANYON PARK AT THE IDAHO CENTER
5700 E. FRANKLIN RD., SUITE 200
NAMPA, IDAHO 83687-7901
TEL (208) 466-9272
FAX (:108) 466-4405
CBRiSTOPHERS, NYE
PHILIPA. PETERSON
TODD A. ROSSMAN
TERRENCE R. WHITE ...
. Also admitted in CA
.. Also admitted in OR
... Also admitted in WA
March 15,2004
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
Re:
BRIGHTON DEVELOPMENT, INC. / QUENZER COMMONS
SUBDIVISION NO. 5/ FINAL PLAT - (FP-04-00S)
Dear Will:
Regarding the above referenced matter, please find enclosed the original of the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the
Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of
Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office.
If you have any questions, please give me a call.
Very truly yours,
Wm. F. Nichols
Z:\Work\M\Meridian\Meridian I 5360M\QuenzerCommons Sub No.5 FP-04-005\ClerkFPltr03 15 04.dcc
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02/24/04
IN THE MATTER OF THE )
APPLICATION OF BRIGHTON )
DEVELOPMENT, INC. FOR )
APPROVAL OF 28 SINGLE- )
FAMILY RESIDENTIAL BUILDING )
LOTS AND ON 6.9 ACRES IN AN R- )
8 ZONE FOR QUENZER )
COMMONS SUBDIVISION NO.5, )
LOCATED WEST OF N. LOCUST )
GROVE ROAD, APPROXIMATELY)
% MILE NORTH OF E. US TICK )
ROAD, MERIDIAN, IDAHO )
)
CASE NO. FP-04-005
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 24,2004, 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 24,2004, to the
Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning
Department, commented at the hearing, and the Council having considered the requirements of
the preliminary plat the Council takes the following action:
IT IS HEREBY ORDERED THAT:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-005)
Page 1 of 4
1. The Final Plat of "PLAT SHOWING QUENZER COMMONS SUBDIVISION
NO.5, LOCATED IN THE NWl/2 OF THE SE ~ OF SECTION 31, TAN., R.IE., RM.,
MERIDIAN, ADA COUNTY, IDAHO 2004, ENGINEERING NORTHWEST, LLC BOISE,
IDAHO, 03-036~00, SHEET 1 OF 3,
]:\HERITAGE COMMONS 5 0303600\DRAWINGS\00 HERITAGE5 PLAT.dwg,
- ---. - ----
1/22/2004, HANDWRITTEN DATE: 1-22~2004", Brighton Development, Inc., Developer, is
Conditionally Approved subject to those conditions of Staff comments as set forth in the
Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III,
and Sonya Allen for the Planning and Zoning Department, dated: Hearing Date: February 24,
2004, listing 18 CONDITIONS OF APPROVAL, a true and correct copy of which is attached
hereto marked Exhibit "A", and consisting of three pages, and by this reference incorporated
herein, and the additional requirements from the action ofthe Council taken at their February 24
2004 meeting as follows, to-wit:
1.1 Adopt the Recommendations of the Central District Health
Department as foHows:
The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that
plans must be submitted to and approved by the Idaho Department
of Health and Welfare, Division of Environmental Quality for
central sewage and central water; that run-off is not to create a
mosquito breeding problem; and it is suggested that stormwater be
pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality; that engineers and architects should obtain current best
management practices for stormwater disposal and design a
stormwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-04-005)
Page 2 of 4
1. State of Idaho Catalog Of Storm water Best Management
Practices For Idaho Cities And Counties. Prepared by the Idaho
Division Of Environmental Quality, July 1997.
2. Stormwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Department, May 2000.
1.2 The N ampa & Meridian Irrigation District states that they have no
comment on this project as it is out of their District, but that
Settler's Irrigation District should be contacted for delivery and
drainage.
2. The final plat upon which there is contained the Certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be
signed only at such time as:
1. The Plat dimensions are approved by the City Engineer; and
2. The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash has been issued
guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be filed with
the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter
at issue. A request for a regulatory takings analysis will toll the time period within which a
Petition for Judicial Review may be filed.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-04-005)
Page 3 of4
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
2 ~-ri:-
day of
r..ebrh-~?-
, 2004.
By:
Attest:
BY0'f~~~ /}
Copy served upon Applicant, the Planning and Zoning Department, Public Works Denartment,
. \\\lI'HlII/1I111
and CIty Attorney."\\,,, of MEf:?/I'II/
,\' ",<{ ,,'/), ~ -'-'...
1~ po\..' ~.r'" ~
.f' U" ,cp'iWOR,q ); /1,.-';:~
:;; ~ ~o -;;.
~ ~ ~
J~/6-(l41 ~.
Dated:
"
,
Z:\Work\M\Mcridian\Meridian I 5360M\Quenzer Commons Sub No.5 FP-04-005\OrdcrFP.doc
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-005)
Page 4 of 4
MAYOR
Tammy de Weerd
~p /CITYOF,
VVlerldiari - ~\~
~
I IDAHO ~
? .f'
~0 -~
--1,,\, __ '
l'f," " 'f ." >J.y;,~
fife HE,\"I.)Uflb" I~~ i smo::
. 1903
CITY HALL
(208) 888-4433 ~ Fax 887-4813
PUBLIC WORKS
BUILDfNG DEPARTMENT
(208) 887-2211 - Fax 898-9551
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
CITY COUNCIL MEMBERS
Keith Bird
William LM_ NalY
Shaun Wardle
Charles M, Rountree
STAFF REPORT:
Hearing Date: February 24,2004
To:
Mayor, City Council and Planning & Zoning Commission
(14,
Sonya Allen, Planner I 0 c-d
Bruce Freckleton, Senior Engineering Tech. ~
From:
Re:
Quenzer Commons Subdivision No.5
. Request for Final Plat Approval of Twenty-eight (28) Single-family
Residential Building Lots on 6.9 Acres in an R-8 Zone for Quenzer
Commons No.5, by Brighton Development, Inc. (File No. FP-04-005).
We have reviewed the above-referenced submittal and offer the following comments, as
conditions of approval. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
APPLICATION SUMMARY & LOCATION
The applicant, Brighton Development, Inc., has requested final plat approval of the fifth phase
of Quenzer Commons Subdivision. This phase of the subdivision consists of 28 single-family
residential building lots and is located west of N. Locust Grove Road, approximately y,; mile
north of E. Ustick Road. The gross density of Phase No. 5 is approximately 4 dwelling
units/acre. The net density is approximately 5.3 dwelling units/acre.
A Conditional Use Permit for a Planned Development (File No. CUP-02-007) has been
approved for this subdivision allowing a portion of the subdivision to be developed in a
commercial manner. Phase five ofthe proposed subdivision includes only residential uses.
The proposed final plat complies with the approved Preliminary Plat and the terms of the
Conditional Use Permit.
Staff recommends approval of the final plat for Quenzer Commons Subdivision No.5 with the
comments and conditions stated in this report.
CONDITIONS OF APPROVAL
Exhibit "A" 1 Of 3
Mayor & City Council
Hearing Date: February 24,2004
Page 2 of3
1. Applicant shall meet all terms of the approved Preliminary Plat (PP-02-007), Planned
Development (CUP-02-007), and Development Agreement (lnst. No.102078396).
2. The pressurized irrigation system within this development is to be owned and
maintained by the Home Owner's Association. The City of Meridian requires that
pressurized irrigation systems be supplied by a year-round source of water. If a creek or
well source is not available, a single-point connection to the municipal water system
shall be required. Plans and specifications for the irrigation system shall be reviewed by
the Public Works Department as pmt of the development plan review process, and a
draft copy of the pressurized irrigation system O&M manual must be submitted prior to
plan approval. If a single-point connection is utilized, the developer shall be responsible
for the payment of assessments for the common areas prior to signature on the final plat
by the Meridian City Engineer.
3. Sanitary sewer service and municipal water to this site shall be via extensions from
existing mains. Appli~ant 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.
4. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
5. Revise the fencing plan to reflect cedar fencing instead of chain link, to match existing
perimeter fencing along southern boundary.
6. Add or revise the following plat notes:
(7.) Revise note: "Building setbacks and dimensional standards in this subdivision
shall be in compliance with approved Title 11 and Title 12 of the Meridian City Code
unless otherwise modified by Conditional Use Permit (CUP-02-007). See setback chart
this sheet.
(10.) Add Development Agreement Inst. No. 102078396.
7, Any existing domestic wells and/or septic systems within this project shall be removed
from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be
used for non-domestic purposes such as landscape irrigation.
8. 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 subdivider1s expense. Typical locations are at street intersections andlor fire hydrants.
Exhibit "A" 2 Of 3
Mayor & City Council
Hearing Date: February 24,2004
Page 3 of3
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. Street light contractor to obtain design and permit from the
Public Works Department prior commencing installations.
9, Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
10. 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.
11. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief
and the Public Works Department.
12. 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. (All areas being counted toward the 10%
open space amenity shall be free of "wet ponds" or other such nuisances.)
13. Remove the reference to plat note #4 along the south boundary of the subdivision, and
graphically depict an easement line 12-feet in width. This extra width is necessary due
to the placement of a pressurized irrigation mainline.
14. Graphically depict an easement line 8-feet in width along the northeast side of Lot 1,
Block 24 adjacent to Lot 4. This extra width is necessary due to the placement of a
pressurized irrigation mainline.
15. Add the missing distance dimensions, and lot pin symbol, to Lots 12-13, Block 10.
16. Correct the distance discrepancy, along Lots 1-4, Block 25, between the legal description
of the Certificate of Owner's and the face of the plat.
17. Provide sidewalks in accordance with City Ordinance Section 12-13-10-8.
18. Staffs failure to cite specific ordinance provisions or terms ofthe approved preliminary
plat, conditional use permit or development agreement does not relieve Applicant of
responsibility for compliance.
RECOMMENDATION
Staff recommends approval of the final plat, with the above stated comments and conditions.
Exhibit" A" 3 Of 3
'RECEIVED
MAR , 6 2004
City of Meridi~n
City Clerk Of:bce
WHITE PETERSON
ATTORNEYS AT LA. w
KEVIN E. DINIUS
JULIE KLEIN FISCHER
CHRJSTOPHERD. GABBERT
WM, F, GIGR.W, III
T. GUY HALlAM H
JILL S. HOLlNKA
JOHN R. KORMANIK'
WJLLlMl A. MORROW
WILLIAM F. NICHOLS n
WHITE 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
CHRISTOPHERS. NYE
PrrrLJP A. PETERSON
TODD A, ROSSMAN
TtRRENCE R. WHITE *H
* Also admitted in CA
H Also admitted in OR
n* Also admitted in W A
March 15,2004
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
Re:
BRIGHTON DEVELOPMENT, INC. / QUENZER COMMONS
SUBDIVISION NO. 6/ FINAL PLAT - (FP-04-010)
Dear Will:
Regarding the above referenced matter, please find enclosed the original of the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the
Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of
Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office.
If you have any questions, please give me a call.
Very truly yours,
Wm. F. Nichols
Z:\Work\M\Meridian\Metidian I 5360MlQuenzer Commons Sub No.6 FP-04-010\ClerkFPltr 03 15 04.da:
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02/24/04
IN THE MATTER OF THE )
APPLICATION OF BRIGHTON )
DEVELOPMENT, INC. FOR )
APPROVAL OF 28 SINGLE- )
F AMIL Y RESIDENTIAL BUILDING )
LOTS AND ON 5.4 ACRES IN AN R- )
8 ZONE FOR QUENZER )
COMMONS SUBDIVISION NO.6, )
LOCATED WEST OF N. LOCUST )
GROVE ROAD, APPROXIMA TEL Y )
y.; MILE NORTH OF E. US TICK )
ROAD, MERIDIAN, IDAHO )
)
CASE NO. FP-04-010
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 24~ 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 24,2004, to the
Mayor and Council~ and that Anna Powell Planning Director for the Planning and Zoning
Department, commented at the hearing, and the Council having considered the requirements of
the preliminary plat the Council takes the following action:
IT IS HEREBY ORDERED THAT:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT i (FP-04-0 10)
Page 1 of 4
1. The Final Plat of "PLAT SHOWING QUENZER COMMONS SUBDIVISION
NO.6, LOCATED IN THE NWII2 OF THE SE 'l.l OF SECTION 31, TAN., R.IE., RM.,
MERIDIAN, ADA COUNTY, IDAHO 2004, ENGINEERING NORTHWEST, LLC BOISE,
IDAHO, 03-37-00, SHEET 1 OF 3,
J :\HERIT AGE_COMMONS _6_0303 700\DRA WINGS\OO _ HERIT AGE6 _PLA T.dwg,
1/23/2004, HANDWRITTEN DATE: 1-23-2004", Brighton Development, Inc., Developer, is
Conditionally Approved subject to those conditions of Staff comments as set forth in the
Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III,
and Sonya Allen for the Planning and Zoning Department, dated: Hearing Date: Fehruary 24,
2004, listing 19 CONDITIONS OF APPROVAL, a true and correct copy of which is attached
hereto marked Exhibit "A", and consisting ofthree pages, and by this reference incorporated
herein, and the additional requirements from the action of the Council taken at their February 24
2004 meeting as follows, to-wit
1.1 Adopt the Recommendations of the Central District Health
Department as follows:
The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that
plans must be submitted to and approved by the Idaho Department
of Health and Welfare, Division of Environmental Quality for
central sewage and central water; that run-off is not to create a
mosquito breeding problem; and it is suggested that storm water be
pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality; that engineers and architects should obtain current best
management practices for storm water disposal and design a
stormwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-010)
Page 2 of 4
1. State ofIdaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And Counties, Prepared by the Idaho
Division Of Environmental Quality, July 1997.
2. Stormwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Department, May 2000.
1.2 The N amp a & Meridian Irrigation District states that they have no
comment on this project as it is out of their District, but that
Settler's Irrigation District should be contacted for delivery and
drainage.
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 velified that all off-site improvements are
completed and/or the appropriate letter of credit or cash has been issued
guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be filed with
the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter
at issue. A request for a regulatory takings analysis will toll the time period within which a
Petition for Judicial Review may be filed.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-04-010)
Page 3 of4
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
t 4--I~
day of
F.e6 r u,tftA., 't
,2004.
By:
Attest:
Copy served upon Applicant, the Plalll1ing and Zoning Department, Public Works Department,
d C. \1'"iii II 1I/{1
an Ity Attorney. \\\\\ .Of II "r:-,.., Illrl
,-,\ ,J "'t<.::r(,'h. II,
" "r. -, tv.! J <..,0
" ~ "\ -.<1' '/
..; (r ~o'PJ'OiYt r. /~ <:~;
By:JI~0~9v Dated: :J~/b-C4--! .' "0 '
Z:\ Work\M\Meridian\Meridian I 5360MlQuenzer Commons Sub No.6 FP-04-0 LO\Ol'derFP .doc
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-0 1 0)
Page 4 of 4
MAYOR
Tarruny de Weerd
~ P r CITY OF~, .",-,.
V'VLeridian
IDAHO
''''.
"
'\i
~I
lY
jY
/
CITY HALL
(208) 888-4433 - Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 - Fax 898-955l
CITY COUNCIL MEMBERS
Keith Bird
William L.M, Nary
Shaun Wardle
Charles M, Rountree
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
! \~~i
STAFF REPORT:
Hearing Date: February 24,2004
From:
Mayor, City Council and Planning & Zoning Commission
J?/{
Sonya Allen, Planner I 0 c-d
Bruce Freckleton, Senior Engineering Tech. ~
To:
Re:
Quenzer Commons Subdivision No.6
. Request for Final Plat Approval of Twenty-eight (28) Single-family
Residential Building Lots on 5.4 Acres in an R-8 Zone for Quenzer
Commons No.6, by Brighton Development, Inc. (File No. FP-04-010).
We have reviewed the above-referenced submittal and offer the following comments, as
conditions of approval. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
APPLICATION SUMMARY & LOCATION
The applicant, Brighton Development, Inc., has requested final plat approval of the sixth phase
of Quenzer Commons Subdivision. This phase of the subdivision consists of 28 single-family
residential building lots and is located west of N. Locust Grove Road, approximately y,( mile
north of E. Ustick Road. The gross density of Phase No.6 is approximately 5.2 dwelling
units/acre. The net density is approximately 6.7 dwelling units/acre.
A Conditional Use Permit for a Planned Development (File No. CUP-02-007) has been
approved for this subdivision allowing a portion of the subdivision to be developed m a
commercial manner. Phase six of the proposed subdivision includes only residential uses.
The proposed final plat complies with the approved Preliminary Plat and the terms of the
Conditional Use Permit.
Staff recommends approval of the final plat for Quenzer Commons Subdivision No.6 with the
comments and conditions stated in this report.
Exhibit "A" 1 Of 3
Mayor & City Council
Hearing Date: February 24,2004
Page 2 of3
CONDITIONS OF APPROVAL
1. Applicant shall meet all terms of the approved Preliminary Plat (PP-02-007), Platmed
Development (CUP-02-007), and Development Agreement (lnst. No. 102078396).
2. The pressurized irrigation system within this development is to be owned and
maintained by the Home Owner's Association. The City of Meridian requires that
pressurized irrigation systems be supplied by a year-round source of water. If a creek or
well source is not available, a single-point connection to the municipal water system
shall be required. Plans and specifications for the irrigation system shall be reviewed by
the Public Works Department as part of the development plan review process, and a
draft copy of the pressurized irrigation system O&M manual must be submitted prior to
plan approval. If a single-point connection is utilized, the developer shall be responsible
for the payment of assessments for the common areas prior to signature on the final plat
by the Meridian City Engineer.
3. 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.
4. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
5. Revise the fencing plan to reflect cedar fencing instead of chain link, to match existing
perimeter fencing along southern boundary,
6. Add or revise the following plat notes:
(7.) Revise note: "Building setbacks and dimensional standards in this subdivision
shall be in compliance with approved Title 11 and Title 12 of the Meridian City Code
unless otherwise modified by Conditional Use Permit (CUP-02-007). See setback chart
this sheet.
(10.) Add Development Agreement lust. No. l02078396.
7. Any existing domestic wells and/or septic systems within this project shall be removed
from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be
used for non-domestic purposes such as landscape irrigation.
8. One Hundred watt (lOOw), high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed
Exhibit "A" 2 Of 3
Mayor & City Council
Hearing Date: February 24,2004
Page 3 of3
at subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. Street light contractor to obtain design and permit from the
Public Works Department prior commencing installations.
9. Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
10. 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.
11. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief
and the Public Works Department.
12. Any drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or disc~arge within a period of time not to exceed 24 hours for all storms
up to and including a lOG-year storm event. (All areas being counted toward the 10%
open space amenity shall be free of "wet ponds" or other such nuisances.)
13. Graphically depict an easement line 12-feet in width along the south boundary of the
subdiviosion, and along the west side of Lot 17, Block 4. This extra width is necessary
due to the placement of a pressurized irrigation mainline.
14. Correct the distance discrepancy, along Lots 5-9, Block 25, between the legal description
ofthe Certificate of Owner's and the face of the plat.
15. Revise the bearing across the west end ofE. Legacy View Drive to a "NE" bearing.
16. Add the missing distance dimensions to Lot 9, Block 25, and Lot 1, Block 26, and add
the missing bearing down the middle of Block 26.
17. Correct the distance discrepancy of the side lot lines of Lots 6-10, Block 26, and Lots 7-
11, Block 4.
18. Provide sidewalks in accordance with City Ordinance Section 12-13-10-8.
19. Staffs failure to cite specific ordinance provisions or terms ofthe approved preliminary
plat, conditional use permit or development agreement does not relieve Applicant of
responsibility for compliance.
RECOMMENDATION
Staff recommends approval ofthe final plat, with the above stated comments and conditions.
Exhibit "A" 3 Of 3
MAR 1 6
WHITE PETERSON
ATTORNEYS AT LAw
KEVIN E, DINIUS
Juw; KLEIN FISCHER
CHRISTOPHER D. GABBERT
WM. F. GlGMY, III
T. GUY HALL~I4.
JILL S. HOLIN!\,\
JOHN R. KORM,\NIK .
WILLIAM A. MORROW
WILLIAM F. NICHOLS.'
WHITE PETERSON, P.A.
CANYONP ARK AT THE IDAHO CENTER
5700 E. FRANKLIN RD" SUITE 200
NAMPA, IDAHO 83687-7901
TEL (208) 466-9272
FAX (208) 466-4405
CHRISTOPHER S. NYE
PHILIP A. PETERSON
TODD A. ROSSMAN
TERRENCE R. WHITE'"
. Also admitted in CA
.. Also admitted in OR
... Also admitted in WA
March 16, 2004
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
Re:
JON BARNES, PROPERTIES WEST, INC. I STOKESBERRY
SUBDIVISION NO. 2/ FINAL PLAT - (FP-04-011)
Dear Will:
Regarding the above referenced matter, please find enclosed the original of the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the
Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of
Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office.
If you have any questions, please give me a call.
Very truly yours,
Wm. F. Nichols
Z:\WorklM\Mcridian\Meridian 15360MlStokesbeny Sub NO.2 FP-04-01 l\ClcrkFP]tr 03 16 04,dcc
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02/24/04
IN THE MATTER OF THE )
APPLICATION OF JON BARNES, )
PROPERTIES WEST, INC. FOR )
APPROVAL OF 15 COMMERCIAL )
BUILDING LOTS ON 4.15 ACRES )
IN AN L-O ZONE FOR )
STOKESBERRY SUBDIVISION NO. )
2, LOCATED ON THE WEST SIDE )
OF N. EAGLE ROAD, )
APPROXIMATELY % MILE )
NORTH OF E. FAIRVIEW )
A VENUE, MERIDIAN, IDAHO )
)
CASE NO. FP-04-011
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 24,2004, and the Council finding that the
Administrative Review is complete from Sonya Allen for the Planning and Zoning Department,
and Bruce Freckleton, Engineering Teclmician III, dated: City Council Date: February 24, 2004,
to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning
Department, commented at the hearing, and the Council having considered the requirements of
the preliminary plat the Council takes the following action:
IT IS HEREBY ORDERED THAT:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-04-011)
Page 1 of 4
1. The Final Plat of "PLA T SHOWING STOKESBERRY SUBDIVISION NO.2, A
RE-SUBDIVISION OF LOTS 1,2,3 AND 4 OF BLOCK 1 STOKES BERRY SUBDIVISION
BOOK 82, PAGES 8898 AND 8899 BEING A PORTION OF THE SE Y-I OF THE NE Y-I,
SECTION 5 TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN MERIDIAN, ADA
COUNTY, IDAHO 2004, GAL\1 1927FP I.dwg, SHEET 1 OF 2, 01/20104, HANDWRITTEN
DATE: 1-22-04, PROPERTIES WEST, INC. CIO JON L. BARNES - DEVELOPER, J-U-B
ENGINEERS, INC. - ENGINEERS", Jon Barnes, Properties West, Inc., Developer, is
Conditionally Approved subject to those conditions of Staff comments as set forth in the
Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Teclmician III,
and Sonya Allen for the Planning and Zoning Department, dated: City Council Date: February
24,2004, listing 12 SITE SPECIFIC REQUIREMENTS and 4 GENERAL REQUIREMENTS, a
true and correct copy of which is attached hereto marked Exhibit "A", and consisting of three
pages, and by this reference incorporated herein, and the additional requirements from the action
of the Council taken at their February 242004 meeting as follows, to-wit:
1.1 Adopt the Recommendations of the Central District Health
Department as follows:
The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that
plans must be submitted to and approved by the Idaho Department
of Health and Welfare, Division of Envirorunental Quality for
central sewage and central water; that run-off is not to create a
mosquito breeding problem; and it is suggested that stormwater be
pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality; that engineers and architects should obtain current best
management practices for stormwater disposal and design a
ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT / (FP-04-011)
Page 2 of 4
stonnwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
1. State of Idaho Catalog OfStonnwater Best Management
Practices For Idaho Cities And Counties. Prepared by the Idaho
Division Of Environmental Quality, July 1997.
2. Stormwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Department, May 2000.
2. The final plat upon which there is contained the Certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be
signed only at such time as:
1. The Plat dimensions are approved by the City Engineer; and
2. The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash has been issued
guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be filed with
the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter
at issue. A request for a regulatory takings analysis will toll the time period within which a
Petition for Judicial Review maybe filed.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-04-0 11)
Page 3 of 4
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
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Z:\Work\M\Meridian\Mcridian I 5360MlStokesbcny Sub No, 2 FP-04-0 [1\OrderFP.doc
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-0 II)
Page 4 of 4
I
MAYOR
Tammy de Weerd
~Q /CITYOF ii_,_
~leridl{[n
IDAHO
CITY HALL
(208) 888-4433 - Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 - Fax 898-9551
CITY COUNCIL MEMBERS
Keith Bird
William L.M. Nal)'
Shaun Wardle
Charles M, Rountree
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
STAFF REPORT:
City Council Date: February 24,2004
To:
Mayor, City Council and Planning & Zoning Commission
Sonya Allen, Planner I dl/.
Bruce Freckleton, Senior Engineering Tech ~
Stokes berry ~ubdivision No.2
From:
Re:
· Request for Final Plat Approval of Fifteen (15) Commercial Building Lots
on 4.15 Acres in an L-Q Zone for Stokesberry Subdivision No.2, by
Properties West, Inc. (File No. FP-04-011)
We have reviewed the above-referenced submittal and offer the following comments, as
conditions of approval. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
APPLICATION SUMMARY
The applicant, Properties West, Inc., has requested final plat approval for the second phase of
Stokes berry Subdivision, located on the west side of N. Eagle Road, approximately 1h mile
north of E. Fairview Ave. This phase is a re-subdivision of Lots 1, 2, 3 and 4 of Block 1,
Stokes berry Subdivision and includes 15 commercial building lots on 4.15 acres of land.
The submitted final plat complies with the approved preliminary plat (PP-03-026) for
Stokes berry Subdivision No.2.
Staff recommends approval of the final plat for Stokesberry Subdivision No. 2 with the
comments and conditions stated in this report.
LOCATION
The subject property is located on the west side ofN. Eagle Road, approximately Y2 mile north
ofE. Fairview Ave., in the NE ~ of Section 5, T.3N., R.IE.
ExnmIT "A" 1 OF 3
Mayor & City Council
Hearing Date: February 24, 2004
Page 2 of3
SITE SPECIFIC REQUIREMENTS
1. Applicant is to meet all terms of the approved Conditional Use Permit (CUP-OO-020),
Preliminary Plat (PP-03-026) and Development Agreement (lnst. No. 100052717).
2. Submit compaction test results to the Meridian Building Department for any building
pads within lots receiving engineered backfill.
3. 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.
4. Street signs are to be in place, water system shall be approved and activated, pressurized
irrigation system approved and activated, drainage lots constructed, perimeter fencing
installed, and road base approved by the Ada County Highway District prior to applying
for building permits.. All development improvements shall be installed and approved
prior to obtaining certificates of occupancy. A letter of credit or cash surety in the
amount of II 0% will be required for all fencing, pathways, landscaping, pressurized
irrigation, sanitary sewer, water, etc., prior to signature on the final plat.
5. Sanitary sewer service and municipal water to this development 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 form of
easements, for any mains that are required to provide service.
6. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
7. Developer shall coordinate mailbox locations with the Meridian Post Office.
8. Complete the instrument number for the 29' NMID easement indicated on the face of the
plat.
9. Correct the north end of the dimension leader for the S Ooo36'05"W 2590.52' line along
the east side of Section 5, to run from the northeast section comer, and verify all
distances referenced, as there appears to be an error.
10. The applicant has indicated that this phase will be a continuation of the Settler's
Irrigation District pressure irrigation system being installed in previous phases. The City
of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. If a creek or well source is not available, a single-point connection to
EXHIBIT "A" 2 OF 3
Mayor & City Council
Hearing Date: February 24,2004
Page 3 of3
the culinary water system shall be required. If a single-point connection is utilized, the
developer shall be responsible for the payment of assessments for the common areas
prior to signature on the final plat by the Meridian City Engineer.
II. Complete the Certificate of Owners and accompanying Acknowledgment.
12. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary
plat does not relieve Applicant of responsibility for compliance.
GENERAL REQUIREMENTS
I. Tile all irrigation ditches, laterals or canals, exclusive of natural watelWays, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided per City
Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate
irrigation/drainage district, or lateral users association to the Public Works Department.
2. Remove any existing .domestic wells and/or septic systems within this project from their
domestic service per City Ordinance Section 9-1-4 and 9-4-8. (Wells may be used for
non-domestic purposes such as landscape irrigation.)
3. Install 1 DO-watt, high-pressure sodium streetlights at locations designated by the Public
Works Department. Street light contractor shall obtain an approved design and permit
from the Public Works Department prior to commencing installations.
3. Replace any tree over four (4) inch caliper that is removed from the property with an
equivalent number of caliper inches of trees. (Required landscape buffer trees will not
be considered as replacement trees for those trees that have to be removed.)
4. Coordinate with the Meridian Public Works Department and the Meridian City/Rural
Fire Department to determine fire flow requirements. Provide a letter from the Fire
Department stating required fire flow requirements prior to final plat approvaL
RECOMMENDATION
Staff recommends approval of the final plat, with the above stated comments and conditions.
EXHIBIT" A" 3 OF 3
FEB ? 4 2004
Fl,
"14
City OfMeridial'l
City Clerk Office
" '
Of Meridian
Clerk Office
WHITE PETERSON
ATTORNEYS AT LAw
KEvtN E. DINIUS
JULlR KLRIN FISCHER
CHRlSTOPHERD, GNlBERT
WM. F, GIGRAY, III
T. GUY HALLAM**
JILLS, HOLINKA
JOHNR KORMANIK*
WILLIAMA. MORROW
WILLIAMF. NICHOr.s**
WHrrnPETERSON, 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
CHRlSTOPHERS. NYE
PHILIP A. PETERSON
ToooA. ROSSMAN
TERRENCER, WHITE***
* Also admitted in CA
** Also admitted in OR
*** Also admitted in W A
February 23, 2004
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
Re:
HARRIS HOMES, LLC / HIGH GATE SUBDIVISION NO. 1/
FINAL PLAT - (FP-04-001)
Dear Will:
Regarding t he a bove referenced matter, please find enclosed the original of the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the
Mayor and yourself. Please serve a copy ofthe ORDER upon the Applicant, with a Certificate of
Service in the file and a copy to Planning and Zoning and Public Warks, and the attorney's office.
If you have any questions, please give me a call.
Very truly yours,
Wm. F. Nichols
Z:\Work\M\Mcridian\Meridian 15360M\Highgate Sub No.1 FP-04-001\ClerkFPltr 02 24 04,doc
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02117/04
IN THE MATTER OF THE )
APPLICATION OF HARRIS )
HOMES, LLC FOR APPROVAL OF )
31 SINGLE-FAMILY )
RESIDENTIAL BUILDING LOTS )
AND 4 OTHER LOTS ON 5.2 )
ACRES IN AN R-8 ZONE FOR )
HIGH GATE SUBDIVISION NO.1, )
LOCATED ON THE EAST SIDE OF )
MERIDIAN ROAD, )
APPROXIMATELY 1/3 A MILE )
SOUTH OF USTICK ROAD, )
MERIDIAN, IDAHO )
CASE NO. FP-04-001
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 tabled until February 17, 2004, and the
Council finding that the Administrative Review is complete from Steve Siddoway for the
Planning and Zoning Department, and Bruce Freckleton, Engineering Teclmician III, dated:
February 12, 2004, to the Mayor and Council, and that Anna Powell Planning Director for the
Planning and Zoning Department, commented at the hearing, and the Council having considered
the requirements ofthe preliminary plat the Council takes the following action:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-00 1)
Page 1 of5
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING HIGHGATE SUBDIVISION PHASE 1,
LOCATED IN GOVERNMENT LOT 5 OF SECTION 6, T.3N., R.1B., B.M., MERIDIAN,
ADA COUNTY, IDAHO 2004,03-112, SHEET 1 OF 2, PHASE 1 - ISG PLAT, JOB NO. 03-
014-00, SHEET NO.2, REVISIONS: REVISED LOTS 13-16 BLOCK 3, ADDED NOTES 12 &
13, ADDED SIDE LOT EASEMENTS & PATHWAY EASEMENT BY: MMM DATE: 2-6-
04, HANDWRITTEN DATE: 2-6-04, STAMPED: RECEIVED FEB 11 2004 CITY OF
MERIDIAN CITY CLERK. OFFICE, EAGLE SPRINGS INVESTMENTS, LLC -
DEVELOPER, MUNGER ENGINEERING, INC. - ENGINEER", Eagle Springs Investments,
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 ill, and Steve Siddoway for the Planning and Zoning Department, dated: February 12,
2004, listing 17 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 additional requirements from the action
of the Council taken at their February 17 2004 meeting as follows, to-wit:
1.1 Per the action of the City Council taken at their February 17, 2004
meeting, the following shall be a requirement:
1. The developer shall be required to complete the Encroachment
Agreement with Nampa & Meridian Irrigation District prior to
signature on the Final Plat.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-00 1)
Page 2 of 5
1.2 Adopt the Recommendations of the Central District Health
Department as follows:
The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that
plans must be submitted to and approved by the Idaho Department
of Health and Welfare, Division of Environmental Quality for
central sewage and central water; that run-off is not to create a
mosquito breeding problem; and it is suggested that stormwater be
pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality; that engineers and architects should obtain current best
management practices for stormwater disposal and design a
stormwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
1. State ofIdaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And Counties. Prepared by the Idaho
Division Of Environmental Quality, July 1997.
2. Stormwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Department, May 2000.
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.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-001)
Page 3 of5
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
/1-11
day of
;;; f; rua,r:J-.
, 2004.
Attest:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-00 1)
Page 4 of5
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department,
and City Attorney.
BY~~ ~&.-" 9-
Dated: 2- -!f..-lJ4--
Z:\Work\M\Mendian\Meridian I 5360M\Highgate Sub No.] FP.04.o01\OrderFP.doc
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-04-00 1)
Page 5 of5
,
f,
MAYOR
Tammy de Weerd
oU;;;;dlCrn
IDAHO
CITY HALL
(208) 888.4433 - Fax 8874813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887.2211 - Fax 898-9551
CITY COUNCIL MEMBERS
Keith Bird
WilIiamLM. Nary
Shaun Wardle
Charles M. Rountree
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
jm8~
MEMORANDUM:
February 12, 2004
From:
Mayor & City Council
Bruce Freckleton, Engineering Tech III ~
Steve Siddoway, Principal Planner 9f.....v--
Highgate Subdivision No.1
Request for a"Pinal Plat Approval of Highgate Subdivision No.1, Consisting of
Thirty One (31) Single-family Residential Building Lots and Four (4) Other Lots
on 5.2 Acres in an R-8 Zone by Harris Homes, LLC
(File No. FP-04-00I).
To:
Re:
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
Note: This staff report is based on the revised plat dated 2/6/04 and the revised landscape plan
dated 2/9/04.
This is the first phase of the Highgate Subdivision, located on the east side of Meridian Road,
approximately 1/3 a mile south of Us tick Road. This phase of the subdivision includes 31 single
family building lots and 4 "other" (landscaping/open space/drainage) lots. The gross density of
Phase No. 1 is approximately 5.96 dwelling units/acre; net density is approximately 8.12
dwelling units/acre.
The subdivision was previously approved as a Planned Development to allow reduced lot
sizes, reduced frontage requirements, reduced setbacks, reduced minimum house size, and to
exceed block length requirements. There is one special consideration noted below for the
Council's consideration. Upon resolution of that item, staff recommends approval of the
plat.
PLANNING AND ZONING DEPARTMENT
660 E. W A TERTOWER LANE, STE, 202, MERIDIAN, IDAHO 83642
(208) 884-5533 - Fax 888-6854
EXHIBIT "A" 1 OF 4
/" "
t" '
SPECIAL CONSIDERATIONS
1. Encroaclnnent Agreement: Preliminary Plat Finding #6, page 6 required a copy of the
encroaclnnent agreement with Nampa & Meridian Irrigation District (NMID) to be
submitted with the final plat application. The agreement has been reviewed by NMID
staff, but has not yet been acted on by NMID and therefore has not been submitted with
the application. Council should determine whether it is appropriate to require the
agreement prior to acting on the plat request, or prior to signature on the final plat. Staff
recommends requiring a copy of the agreement prior to signature on the final plat.
However, if the applicant is unsuccessful in obtaining the encroachment agreement, the
property will have to be replatted because the remaining lot area would not conform to
the minimum lot size approved with the Planned Development. S ee Requirement # 2
below.
SITE SPECIFIC REQUIREMENTS
1. Applicant shall meet all terms of the approved Preliminary Plat, Conditional Use Permit
and the recorded Development Agreement.
2. The applicant shall submit a copy of the encroachment agreement with Nampa &
Meridian Irrigation District (NMID) prior to signature on the final plat. If the applicant
is unsuccessful in obtaining the encroachment agreement, the property must be replatted
because the remaining lot a rea would not conform tot he minimum lot size approved
with the Planned Development.
3. The fencing plan will require the following modifications:
. All solid fencing shall taper down to 3 feet maximum within 20 feet of all right-of-
way.
Submit a revised fence plan for approval prior to signature on the final plat. Note:
Additional modifications are required in the conditions for Highgate Sub No.2.
4. The Landscape Plan will require the following modifications:
. Phases 1 and 2 are reversed and should be corrected.
. The trees adjacent to the micropatbJACHD access road may have to shift to
accommodate the l2-foot ACHD access road. The applicant shall work out
alternative compliance with P&Z staff prior to signature on the final plat.
. Drainage contours are incorrectly as crossing the micropatbJ ACHD access road. The
contours should be corrected.
The applicant shall submit a revised landscape plan for approval prior to signature on
the final plat. Note: Additional modifications are required in the conditions for
Highgate Sub No.2.
5. All existing trees adjacent to the South Slough/Finch Lateral shall be protected during
construction and retained on site.
PLANNING AND ZONING DEPARTMENT
660 E. W A TERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642
(208) 884-5533 ~ Fax 888-6854
EXHIBIT "A" 2 OF 4
( ,
6. Create 10-foot wide public utilities, drainage and irrigation easements across the rear of
all lots.
7. Graphically depict 8-foot wide public utility, drainage and irrigation easements along
side lot lines wherever pressurized irrigation mains are present.
8. Revise plat note number 3 as follows:
".. .irrigation easement, except for Lots 1 &12, Block 4, and Lot 16, Block 3, which shall
have a five (5) foot wide easement as shown. unless otherwise dimensioned..."
9. Revise plat note number 9 as follows:
"...area of 1000 SF, excluding garage area, except Lot 7...area of 1400 SF, excluding
garage area."
10. The pressurized irrigation system within this development is to be owned and
maintained b y the N ampa & Meridian Irrigation District. T he application incorrectly
states that it will be owned by the Homeowners Association. The City of Meridian
requires that pressurized irrigation systems be supplied by a year-round source of water.
If a creek or well source is not available, a single-point connection to the culinary water
system shall be required. If a single-point connection is utilized, the developer shall be
responsible for the payment of assessments for the common areas prior to signature on
the final plat by the Meridian City Engineer.
11. Street signs are to be in place, water system shall be approved and activated, pressurized
irrigation system approved and activated, drainage lots constructed, fencing installed,
and road base approved by the Ada County Highway District prior to applying for
building permits. All development improvements, including fencing, micro-paths,
irrigation, and landscaping shall be installed and approved prior to obtaining certificates
of occupancy. A letter of credit or cash surety in the amount of 110% will be required
for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
12. 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.
13. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
14. All stormwater detention areas shall be designed so that they are not "wet ponds." Any
drainage areas ( detention/retention basins) must bed esigned toe nsure that water w ill
percolate or discharge within a period of time not to exceed 24 hours for all storms up to
and including a IOO-year storm event. Side slopes within drainage areas shall not exceed
3:1.
15. Correct the discrepancy, between the plat and the legal description of the Certificate of
PLANNING AND ZONING DEPARTMENT
660 E. W A TERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642
(208) 884-5533 - Fax 888-6854
EXHIBIT "A" 3 OF 4
Owners, for the distance ofthe "Basis of Bearing" (2658.29' vs. 2558.29')
16. Add distance dimensions across the right-of-way adjacent to the island at the entrance to
the subdivision.
17. Staffs failure to cite specific ordinance requirements 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 Ordinance 12-4-13, except as waived by City Council. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works Department.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their d~mestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
3. Two-Hundred-fifty and lOO-watt high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed
at subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. 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 Department.
8. Provide sidewalks in accordance with the MCC.
PLANNING AND ZONING DEPARTMENT
660 E. W A TERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642
(208) 884-5533 ~ Fax 888.6854
EXHIBIT "A" 4 OF 4
ECE
FE3 ) 7 200~
City Of Meridian
City Clerk Office
CITY OF MERIDIAN
PARKS & RECREA TION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
THIS AGREEMENT made and entered into this day of
, by and between the City of Meridian, an Idaho Municipal Corporation,
hereinafter called "City", and the Meridian Youth Baseball/Softball, Inc., a 501 (c)(3)
Corporation, hereinafter called "MYBS".
WHEREAS, "MYBS" is a service organization dedicated to public service for fund
raising in support of the youth of Meridian and Western Ada County; and
WHEREAS, "MYBS" and the "City" desire to cooperate to improve recreation
opportunities for youth and the residents of Meridian and Western Ada County; and
WHEREAS, the "City" has available a 23.5 acre parcel within Meridian Settler's Park;
and
WHEREAS, the "City" and "MYBS" agree to designate the 23.5 acre parcel site as a
Special Use park to support youth.
WHEREAS, the "City" is willing, upon certain terms and conditions, to provide use of
the entire 23.5 acre site for a period oftime defined within this AGREEMENT; and
NOW, THEREFORE, the parties hereto agree as follows:
1. USE
For and in consideration of promises contained herein, and other good and
valuable consideration, "City" hereby gives and grants to "MYBS" the
right, privilege and license to use certain property (the ''premises'')
Meridian Youth Baseball/Softball complex more particularly described in
Exhibit A, attached hereto and incorporated herein by reference and
attachment.
2. TERM OF AGREEMENT
This AGREEMENT shall be for a term of twenty-five (25) years, with an
option to renew by "MYBS" for an additional ten (10) year period
commencing on the day of
Notice must be given to the other party in writing to the other party at least
ninety (90) days prior to the commencement of the option period ifthe
renewal is not desired by either party.
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 1 OF 9
3. DEVELOPMENT AND USE OF PREMISE
"MYBS" will construct the park property for the use of "MYBS" youth
within the above-described area, which shall be constructed and
maintained in accordance with the following provisions:
a. "MYBS" will provide all funding necessary for the construction of
the facilities and premises as described by the department and
shown on the Park Master Plan.
b. Development ofthe premises shall be in the following noted
phases, which shall be completed within three (3) years of the date
hereof provided, and that two additional years may be granted if
necessary and so long as good faith efforts to raise funds and make
progress toward completion are demonstrated.
c. Phase One shall include:
-1. All engineering and construction documents.
2. The construction ofthe playing fields.
3. All underground utility construction.
4. Parking lot drainage and sub-base to grade.
5. Pathway and sidewalk sub-base to grade.
6. Curb, gutter, sidewalks.
7. All baseball back stops and fencing.
8. Sprinkler irrigation installation.
9. Fine grading for seed preparation, grass seeding.
This Phase One is substantially complete and scheduled for final
completion in July 2005.
d. Phase Two shall include:
1. Parking lot and pathway paving.
2. Construction of restroom buildings.
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 2 OF 9
3. Completion of landscaping and tree planting.
4. Construction of concession buildings.
5. Construction of maintenance building.
e. "MYBS~~ shall not use or permit the use of the premises for any
other purpose without the express written consent of the "City".
f. The park is to remain open to public use when not scheduled for
organized use.
g. "MYBS" will provide a yearly schedule of events to "City".
h. Park rules and regulations and applicable city ordinances will be
observed and complied with.
1. "MYBS" understands that the premises licensed for use is first and
-foremost a "City" park and must obtain permission from "City"
prior to the start of any earth work, grading or construction being
performed.
J. "MYBS" agrees to develop the park to "City" park construction
specifications and all construction will require a building permit
prior to the start of construction.
k. "MYBS agrees to maintain records of donations and record
volunteer labor hours and provide the "City" copies of such
records every six (6) months during the construction period.
1. "MYBS" agrees to perform the following site maintenance during
their scheduled use of the site: stripe all playing fields; place a
minimum of two trash receptacles at each play field, the "City"
will provide the necessary trash receptacles and receptacle liners;
remove the garbage from all trash receptacles and place in
designated trash container at the end of each day that games are
scheduled; provide a six yard trash container~ and provide portable
toilets as necessary.
m. "MYBS" shall be permitted to exclusively operate and maintain a
food concession on site during their scheduled use. Maintenance
and operation of concession operation shall include: maintain the
interior of the concession building, obtain all appropriate permits
and operate the concession to all City~ County and State standards
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 3 OF 9
for a good operation; schedule, staff and manage concession
operations; remove and properly dispose of litter generated from
the concession operation. Revenue generated from the concession
is to be placed towards the "MYBS" program and other youth
functions.
n. "MYBS" shall have the right to build and maintain, consistent with
the terms of this agreement and the City's approved site Master
Plan, maintenance/restroom with office on second story of the
facility.
o. "MYBS" shall have sole and exclusive use of the interior of the
buildings, and all personal property stored in such buildings is the
property of the "MYBS". The "City" maintains the right to
schedule and reserve site facilities such as shelters, and restrooms
during non-scheduled "MYBS" youth program use times.
4. CONDITIONS OF USE
a. It is understood that during construction that the facility will be
secured in a manner that reduces the opportunity for injury to
anyone entering the property.
b. It is understood and agreed by the parties that "City" has no
obligation to pay for construction of the park unless agreed to in
writing and attached to this License Agreement. "City" makes no
warranty or promise as to the condition, safety, usefulness or
habitability of the premises and "MYBS" accepts the premises "as
is".
5. INDEMNIFICATION AND INSURANCE
"MYBS" indemnifies "City" and holds "City" harmless from any loss,
liability, claim or action for damages or injury to "MYBS", or personal
property, or their employees, agents, guests or business invitee(s)
attending or participating in any "MYBS" event, game or practice and
arising out of or resulting from the condition oftbe premises or any lack of
maintenance or repair thereon. It is further understood and agreed
"MYBS" shall not be considered agents of "City" in any manner or for
any purpose whatsoever in their use and occupancy of the premises, and
"MYBS" hereby agrees to indemnify and bold "City" harmless from any
loss, liability, claim or action from damages or injuries to persons or
property in any way arising out of or resulting from the use and occupancy
of the LICENSED premises by "MYBS", their agents, employees, guests
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 4 OF 9
or business invitee(s) attending or participating in any organized "MYBS"
event, game or practice. If any claim, suit or action is filed against "City"
for any loss or claim described in this paragraph, "MYBS", at "City's"
option shall defend "City" and assume all costs, including attorney's fees,
associated with the defense or resolution thereof, or indemnify "City" for
all such costs and fees incurred by "City" in the defense or resolution
thereof.
In addition, "MYBS" shall maintain, and specifically agrees to maintain
throughout the term of this AGREEMENT, liability insurance in which
"City" shall be named insured in the minimum amount as specified in the
Idaho Tort Claims Act set forth in Title 6, Chapter 8 of the Idaho Code.
The limits of insurance shall not be deemed a limitation of the covenants
to indemnify and save and hold harmless "City"; and if"City" becomes
liable for an amount in excess of the insurance limits, herein provided,
"MYBS" covenants and agrees to indemnify and save and hold harmless
"City" from and for all such losses, claims, actions, or judgments for
damages or liability to persons or property occurring as a result of
attending or participating in any organized "MYBS" event, game or
practice. "MYBS" shall provide "City" with a certification of insurance or
other proof of insurance evidencing "MYBS" compliance with the
requirements of the paragraph and file such proof of insurance with:
City of Meridian
33 East Idaho Street
Meridian, Idaho 83642
In the event the insurance minimums of the Idaho Tort Claims Act are
changed, "MYBS" shall immediately submit Proof of Compliance with
the changed limits.
The "MYBS" will provide "City" a detailed Master Plan as approved by
the Board of Parks and Recreation Commissioners for which construction
will be designed and built.
6. CITY RESPONSIBILITIES
a. The "City" will apply for and pay associated fees for all "City" and
County permits and applications for construction purposes for
improvements to the site. The "City shall pay all ACHD fees
associated with this development.
b. The "City" will approve all detailed specifications for construction
of all site improvements to the park.
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGES OF9
c. The "City" will provide project inspections during construction to
assure that all improvements are constructed to the approved
specifications.
d. The "City" shall perform all site maintenance other than what
"MYBS" has agreed to maintain as noted above in item 3. L. of
this AGREEMENT. The City will accept maintenance after each
phase of construction is complete and acceptable to the City as
outlined herein.
7. TERMINATION UPON BREACH OR DEFAULT
This AGREEMENT may be terminated by either party upon a breach of
this agreement and failure to cure such breach after sixty (60) days written
notice. In such event, "MYBS" shall be required to remove all personal
property and otherwise vacate the premises on or before the expiration of
the sixty (60) day period. In the event of a holdover by "MYBS" beyond
the sixty (60) day period, "City", in addition to and without waiver of any
other rights or remedies it may have, may immediately re-enter and take
possession and expel "MYBS" from the premises, with or without process
oflaw. In the event of re-entry by "City", "MYBS" shall be liable for any
damages suffered by "City", its agents or employees, and any costs,
including legal expenses and attorneys fees, incurred by "City" in
recovering the premises.
8, NON-WAIVER
"City's" waiver on one or more occasion of any breach or default of any
term, covenant or condition ofthis AGREEMENT shall not be construed
as a waiver of any subsequent breach or default ofthe same or a different
tenn, covenant or condition, nor shall such waiver operate to prejudice,
waive or affect any right or remedy "City" may have under this
AGREEMENT with respect to such subsequent default or breach by
"MYBS" shall be liable to "City" for all damages and costs, including
legal expenses and attorney's fees, suffered or incurred by "City" in the
enforcement of any of the terms, covenants or conditions of the
AGREEMENT.
9. SURRENDER OF PREMISES
Upon the expiration or earlier termination or cancellation ofthis
AGREEMENT, "MYBS" agrees to quit and surrender the premises to
"City" without causing or suffering any waste thereon. "City" hereby
agrees that in consideration of"MYBS" performance ofthe terms and
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 6 OF 9
conditions of this AGREEMENT, "MYBS" may peaceably and quietly
have and enjoy the said premises for the duration of this AGREEMENT.
10. ASSIGNMENT, SUBLEASE OR TRANSFER
"MYBS" shall not assign,.sublet or transfer the LICENSED premises, or
any portion thereof, or cause or suffer any alterations thereto, other than as
specified in this AGREEMENT, without the express written consent of
"City".
11. NOTICES
a. All notices to be given with respect to this AGREEMENT shall be
in writing addressed as follows:
TO "MYBS":
President
Meridian Youth BasebaWSoftball, Inc.
2624 N. Pronghorn Lane
Eagle, Idaho 83616
TO "CITY":
City of Meridian
Director, Parks and Recreation Dept.
H West Bower Street
Meridian, Idaho 83642
With a copy to:
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
b. Notice shall be either delivered or sent by certified mail, postage
prepaid, return receipt requested 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.
12. ALTERATIONS
"MYBS" shall not make, or permit to be made, alterations on or to the
premises without first obtaining "City's" written consent. Additions to, or
alterations of, the premises shall become at once a part ofthe real property
and belong to "City". "MYBS" shall keep the premises free from any
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE70F9
liens arising out of any work performed for, materials furnished to, or
obligations incurred by "MYBS".
13. "MYBS" INSEPCTION OF PREMISES
"MYBS" acknowledges that "MYBS" has inspected the premises and
does hereby accept the premises as being in good and satisfactory order,
condition, and repair. "MYBS" agrees that upon termination of this
AGREEMENT for any reason, including the expiration of its tenn,
"MYBS" shall surrender the premises to "City" in the same good
condition as received, reasonable wear and tear, damage by fire, or act of
God excepted.
14. INSPECTON
"MYBS" shall permit "City" and "City's" contractors and employees, at
any time, to enter the premises for the purposes of inspection for
compliance with the terms of this Use AGREEMENT and for the exercise
of "City's" rights, the posting of notices, and for all other lawful purposes.
15. APPROVAL BY CITY COUNCIL
This AGREEMENT 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 the granting ofthis LICENSE, 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 rezoning, variances, use permits, environmental clearances, or
any other governmental agency approval that is required by law.
16. BINDING EFFECT:
This AGREEMENT and the terms and conditions hereof shall apply to
and are binding upon the heirs, legal representative, successors and assigns
of the parties.
17. PRIOR AGREEMENTS SUPERCEDED:
This AGREEMENT contains the entire agreement between the parties as
it pertains to the premises.
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 8 OF 9
IN WITNESS WHEREOF~ the parties hereto have subscribed their names the
day and year first above written.
MERIDIAN CITY:
MERIDIAN YOUTH
BASEBALL/SOFTBALL, INC.:
BY:
Tammy de Weerd, Mayor
BY:
President
Attest:
BY
William G. Berg, Jr., City Clerk
APPROVED AS TO FORM AND CONTENT:
Director, Parks & Recreation Department
City Attorney
Risk Manager
Z:\Work\M\Mclidian\Mcridian IS360M\ParksWouth 2KProject\Development and License Agmt Meridian Baseball and Softball 02
05 04.doc
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE90F9
FOLEY. FREEMAN, BORTON & STERN, CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
. P.O. BOX 10
77 EAST IDAHO
HERITAGE BLDG., SUITE 100
MERIDIAN, IDAHO 83680
HOWARD R. FOLEY
MARK S. FREEMAN
JOSEPH W. BORTON
FRANCES R. STERN
JUDY L. GEIER
TELEPHONE: (208) 888-9111
FACSIMILE: (208) 888-5130
WEB SITE: JJJ1JJJVfolryfreeman.t'OJJJ
February 27, 2004
City of Meridian
ATTN: Jolene Robles, Deputy City Clerk
c/o Meridian City Hall
33 East Idaho Street
Meridian, ID 83642
~ ,;)tZUJ3
Re: Lease for Fire Safety Education Facility
Client No. :22098
Dear Jolene:
Enclosed please find one (1) original counterpart of the November 5, 2003 Lease
which has been signed by all of the parties, namely, Joint School District No.2, the City of
Meridian, and the Meridian Rural Fire Protection District.
Pursuant to our telephone conversation this morning, please be advised that my client
will retain one of the fully executed original counterparts for its records. It is also my
understanding that you will see that a copy of the signed Lease is forwarded to the Meridian
Rural Fire Protection District.
If you have any questions please don't hesitate to contact me.
Sincerely,
MAN, BORTON & STERN, CHTD.
~ k .Freeman
mfreeman@foleyfreeman.com
MSFikt
Enclosure
cc: Wendel Bigham, with original counterpart of Lease
LEASE
THIS LEASE is made and entered into this Silrt day of dU{f./'r(lbev,
2003, by and between JOINT SCHOOL DISTRICT NO.2, hereinafter referred to as the
rrDistrict,lI and THE CITY OF MERIDIAN FIRE DEPARTMENT and THE MERIDIAN
RURAL FIRE PROTECTION DISTRICT, hereinafter collectively referred to as the llFire
Department.l1
Recitals
WHEREAS, Joint School District No.2 has established a development lmown
as Education Campus Subdivision upon which the District either has constructed, or may
construct in the future, a technical charter high school, elementary school, administrative
offices, and one to three additional charter schools; and
WHEREAS~ the Meridian Fire Department of the City of Meridian has
identified the need to establish a fire safety education facility to teach children and adults
about the dangers of fire and how to better protect themselves and others from injury or death
from fire; and
WHEREAS, fire safety education is compatible with the District's education
mission; and
WHEREAS, the District has land available in its Education Campus
Subdivision upon which a fire safety education facility may be built; and
WHEREAS, the Fire Department is willing to construct a Fire Safety
Instruction Facility, hereinafter the "Facility," on land provided by the District; and
WHEREAS, it is in the best interests of the District, its students and patrons,
as well as in the best interests of the Fire Department and the citizens it serves, to cooperate
together to establish the Facility.
NOW, THEREFORE, subject to the Fire Department receiving the necessary
funding to cover the obligations imposed on it by this Lease, the District, for and in
consideration of the terms and conditions hereinafter set forth on the part and behalf of the
Fire Department to be kept and performed, does by these presents grant, demise and lease
unto the Fire Department, and the Fire Department does by these presents hire, rent and take
from the District, that certain real property more particularly described in Exhibit "A"
attached hereto and, by this reference, incorporated herein as if set forth in full, hereinafter
the "Property." In the event the Fire Department does not receive the necessary funding to
LEASE - 1
cover the obligations imposed on it by this Lease or, if received, is not appropriated, then and
in that event, the Fire Department's obligations under this Lease shall cease, except for the
obligation to remove improvements as hereinafter described, and each party shall be released
from all further performance under the terms and conditions of this Lease.
Agreement
1. Term. The initial term ofthis Lease shall be ten (10) years, which shall
commence October 1,2003, and shall tenninate September 30, 2012.
2. Rent. Fire Department covenants and agrees to pay annual rent for the
Property in the sum of $1.00 per year, payable on October 1, of each year during the term
hereof commencing with the execution of this Lease.
3. Use. Fire Department shall use the Property for the Fire Safety
Instruction Facility to proyide education and instruction regarding fire safety. With the prior
written approval of the District, which District shall not unreasonably withhold, Fire
Department shall also be ~entit1ed to use the Property for other educational purposes, such as
the use of the Facility by the City of Meridian Parks and Recreation Department for
community education.
4. Improvements by Fire Department. Except for those improvements
and maintenance to be provided by the District as hereinafter set forth, the Fire Department
shall be responsible for constructing and maintaining all improvements necessary for the
intended use of the premises. The Fire Department shall comply with all applicable building
and development codes.
The Fire Department shall be allowed to move a manufactured home onto the
Property in order to construct the Facility. The Fire Department shall also be entitled to
construct such ancillary structures as are necessary to conduct fire safety education and
instruction and related activities. Preliminary site plans and drawings showing the location
of the Facility and its ancillary structures are set forth in Exhibit "B." Prior to the
commencement of construction, the Fire Department shall submit to the District, and obtain
the District's written approval of, the final site plan and associated final drawings. All
construction must comply with all existing building codes. Lessee shall also obtain all
necessary governmental approvals prior to commencement of construction.
The Fire Department will construct and install, at its expense, all driveways
and parking areas shown on Exhibit "B" attached hereto as part of the Fire Safety Instruction
Facility. The Fire Department will install, at its expense, the landscaping shown on the site
plan for the Fire Safety Facility.
LEASE - 2
5. Fire Department's Maintenance. The Fire Department agrees to
maintain the demised property and improvements in condition as the same are in at the time
Fire Department shall take possession of the demised Property, reasonable wear, tear and
damage by the elements excepted, subject to the specific duties imposed upon the respective
parties hereto by this Lease with regard to the maintenance of certain portions of the demised
Property, and, at the termination of this Lease in any manner, Fire Department shall
surrender said Property to District in such condition.
6. Responsibilities of Fire Department upon Termination. Upon the
termination of this Lease for any reason, the Fire Department shall, at its sole expense,
remove the Fire Safety Instruction Facility, including any foundation, provide fill, including
topsoil, if necessary, compact and grade the site to the natural grade which existed prior to
construction of the Facility, and seed the restored area with grass.
7. Continuation of Lease subiect to Annual Appropriations by Parties.
This Lease shall be subje~t to the annual appropriation by each party of sufficient funds each
fiscal year to pay their respective obligations hereunder (i.e., in the case of the Fire
Department, the appropriation of sufficient funds each fiscal year to pay the annual rent,
associated utilities, and maintain the improvements constructed or placed on the Property by
the Fire Department). Each party, in the process of its preparation of its budget for each
fiscal year covered by this Lease, shall consider the costs of this Lease and their respective
obligations hereunder. In the event such funding is not received, or, if received, is not
appropriated, then and in that event, the obligations of both parties under this Lease shall
cease, except for the obligations of Fire Department to remove improvements as hereinafter
described, and each party shall be released from all further performance under the terms and
conditions of this Lease.
8. Improvements and Maintenance by District. The District agrees that it
will provide the landscaping and site improvements shown on the site plan that accompanied
the District's application for subdivision approval. The District will also provide
maintenance of those improvements, including irrigation of landscaping. The District will
provide roadways, including pavement, curb, gutter and sidewalks, from the edge of the
constructed street to the edge of the right-of-way owned by the Ada County Highway
Distri ct.
9. Alterations and Improvements. Except for the construction and
improvements contemplated by this Lease, the Fire Department shall not make any other
improvements or changes to the Property, except for ordinary maintenance for which the Fire
Department is responsible, without the prior written consent of the District, which consent
shall not be umeasonably withheld. Upon the termination of this Lease, such improvements
as shall have been added or made by Fire Department which are not removed pursuant to
paragraph 6, above, shall revert to the District, and shall become a part of the real property so
leased herein.
LEASE - 3
10. Signs, Fixtures and Equipment. With the prior approval of the District,
Fire Department shall have the right to place a reasonably sized sign upon the Property
indicating the name and nature of the Facility; provided, however, that said sign will not
obstruct the vision of the leased property on either side of the Property subject to this Lease
Agreement. Upon termination of this Lease, the Fire Department shall remove any signs
from the Property and shall repair any damage occasioned by such removal at the Fire
Department1s own cost.
11. Compliance with Law. The Fire Department agrees to comply with all
municipal, state and federal laws, rules, regulations and ordinances and to do all things
necessary to stay in compliance with the same.
12. Utilities. Except to the extent specifically set forth otherwise in this
Lease, it is expressly agreed that during the full term of this Lease, the Fire Department shall
furnish and promptly pay for any and all utilities and services provided to the Property,
including but not limited to, water, sewer, gas, electricity, telephone, refuse disposal.
13. No Assignment or Subleasing. The Fire Department shall not sell,
assign, encumber, or transfer all or any portion of its interest in this Lease and/or the
Property at any time.
14. Fire Hazards. The Fire Department shall not do anything in the
Property or bring or keep anything therein which will increase the risk of fire, or which will
conflict with the regulations of the fire department or any fire laws, or with any fire
insurance policies on the buildings, or with any rules or ordinances established by the board
of health, or with any municipal, state or federal laws, ordinances or regulations.
15. Right of Inspection. The District shall have the right to enter the
Property at any reasonable time to examine the same and to determine the state of repair or
alterations that shall or may be necessary for the safety and preservation of the Property.
16. Labor Contracts and Employees. The parties hereto expressly covenant
and agree that all labor contracts and employment agreements with employees regarding the
activities of the Fire Department shall be made directly with the Fire Department and that all
such employees shall be deemed solely the employees of the Fire Department and in no way
employees of the District. The Fire Department covenants and agrees to indemnify and hold
the District harmless of and from any liability for any acts of employees of the Fire
Department or any acts of persons working for the Fire Department under a labor contract.
17. Waste Prohibited. The Fire Department shall not commit any waste or
damage to the Property nor permit any waste or damage to be done thereto.
LEASE - 4
18. Liability. The District shall not be liable for any injury or damage which
may be sustained by any person or property of the Fire Department or any other person or
persons resulting from the condition of the Property or any part thereof, or from the street or
subsurface, or from any other source or cause whatsoever, including but not limited to the fire
safety instruction which shall take place in the Facility or on the Property, nor shall the District
be liable for any defect in the building and structures on the Property, latent or otheLWise. Fire
Department agrees to indemnify and save the District harmless from and against any and all
claims and demands (except for the District's proportionate share of any such claim which arises
out of the intentional acts of the District or the District's agents, contractors, servants or
employees) for, or in cOlU1ection with, any accident, injury, or damage whatsoever caused to any
person or property arising, directly or indirectly, out of the business activities conducted in or the
use and/or occupancy of the Property or Facility or occurring in, on or about the Property or any
part thereof, or arising directly or indirectly, from any negligent or intentional act of Fire
Department or its licensees, servants, agents, employees, contractors, invitees, and from and
against any and all cost, including reasonable attorney's fees, expenses and liabilities incurred in
cOlmection with any such claims and/or proceedings brought thereon. The indemnity granted by
Fire Department shall survive the termination of the this Lease and shall continue for all such
claims arising during the term of this Lease during any holdover period during which the Fire
Department remains in possession, and during the term of any applicable statute of limitations,
whether such claim is brought before or after termination of the Agreement.
19. Liability Insurance. Fire Department shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella liability insurance, with a limit for each
occurrence, and a general annual aggregate of not less than one million dollars ($1,000,000).
Such general annual aggregate shall apply separately to the Sub-Leased Premises.
(a) CGL insurance shall be in a form and from an insurance company satisfactory
to the District and shall cover liability for bodily injury, property damage, and
personal injury arising from Fire Department's use and/or occupation of the
Property including, without limitation, operations, independent contractors,
products-completed operations, personal injury and advertising injury, and
liability assumed under an insured contract including the tort liability of
another assumed in a business contract.
(b) The CGL and any umbrella policy shall include the District, and its officers,
agents, and employees as additional insureds, for liability arising out of the
occupancy or use by Fire Department of the Property, and such status as an
additional insured shall be evidenced by an endorsement or other policy
provision acceptable to the District. This insurance shall apply as primary
insurance with respect to any other insurance or self-insurance programs
afforded to, and non-contributory with, any additional insured.
(c) Fire Department and the District waive all rights against each other and any
additional insured for recovery of damages to the extent these damages are
LEASE - 5
covered by the commercial general liability or commercial umbrella liability
insurance maintained by Fire District pursuant to this Agreement.
20. Fire and Extended Coverage Insurance. The District shall have no duty or
obligation to maintain fire or extended coverage insurance on the structures located on the
Property or the personal property or contents thereof, and the Fire Department may maintain
any such insurance on said Property and contents as it desires. District shall be under no
duty or obligation to maintain fire, casualty or other insurance upon the personal property
and contents of the structures or other personal property owned by Fire Department and Fire
Department may maintain such insurance on said contents and personal property owned by
Fire Department as Fire Department desires.
21. Hazardous Substances. Fire Department shall not use, store or dispose
of any hazardous or toxic substances as defined by applicable Federal or State laws and
regulations upon the Property without the prior written notice to the District. Said notice
shall identify the substance to be used, the area in which the substance is to be used, the
manner in which the substance is to be stored and applied, and plans to dispose of any
excess. The District has the option of refusing to consent to such use, storage or disposal of
toxic substances. The Fire Department's failure to comply with such a decision shall
constitute a default by the Fire Department. All hazardous or toxic materials shall be used
strictly in accordance with all applicable laws, rules and ordinances and the Fire Department
shall not allow any hazardous or toxic substance into the air, ground or water, except when
allowed by said laws and regulations. Neither party shall not cause or knowingly suffer any
"prohibited conduct," as that term is defined by applicable Federal or State law now existing
or as revised or amended hereafter, upon the Property. The Fire Department shall indemnify
and hold the District harmless from any claim, liability, loss, cost or expense including, but
without limitation, attorneys fees resulting from hazardous or toxic substances placed or used
on the Property by the Fire Department. This obligation to indemnify shall survive the term
of this Lease.
22. Condemnation. If the entire Property, or a substantial part thereof, is
condemned or taken by purchase in lieu thereof, then this Lease shall terminate as of the time
possession is taken. Any condemnation award shall be divided between the parties hereto in
accordance with and in proportion to their respective lessorllessee interests.
23. Surrender of Possession. The Fire Department agrees to surrender
possession of the Property to the District at the expiration of this Lease in no less than the
same condition as when the same were entered into by Fire Department, wear and tear,
reasonable use and occupancy and damage by the elements excepted.
24. Default and Forfeiture. Time and the strict and faithful performance of
each and every one of the conditions of this Lease are expressly made the essence of this
Agreement.
LEASE - 6
If the Fire Department fails to make any payment or fails to perform any other
obligation imposed by this Lease Agreement, this shall constitute a default hereunder, and if
the Fire Deparhnent shall fail to cure that default within thirty (30) days after the District has
served notice upon the Fire Deparhnent of said default indicating the manner in which the
Fire Department is in default, the District, immediately, and without further notice or demand
upon the Fire Department, shall have any or all ofthe following rights and options:
(a) To specifically enforce this Lease Agreement by suit in equity;
(b) To declare this Lease Agreement null and void, forfeited and
terminated, as of the date of the breach, and to retain, as liquidated damages and reasonable
rental, all payments theretofore made and all improvements placed upon the Property, and to
enter and repossess said Property;
(c) To mitigate the District's damages occasioned by the Fire Deparhnent's
default by retaking possession of the leased property and reletting same, or any portion
thereof, to other lessees, ~nd, upon that occurrence, the Fire Department shall receive a credit
against the rental due by the Fire Department under this Lease Agreement in the amount of
rental received by the District from reletting the leased property, or any portion thereof, to
other lessees. The Fire Department shall, however, remain obligated to the District, pursuant
to the terms of this Lease Agreement, for the difference between the rental received by the
District from reletting the leased property, or any portion thereof, to other lessees and the
amount of rent due actually due pursuant to the terms of this Lease Agreement by the Fire
Department.
If the Fire Department shall fail to surrender possession of the Property to the
District, upon demand by the District, the Fire Department shall be deemed guilty of an
unlawful and forcible detention of said Property. If the Fire Department shall abandon or
vacate the Property, or if this Lease Agreement is terminated for breach of any of the
covenants and agreements herein contained, the Fire Department hereby agrees to pay all
reasonable expenses incurred by the District in obtaining possession of the Property from the
Fire Department, including reasonable legal expenses and attorney's fees, and to pay such
other expenses as the District may incur in putting the Property in good order and condition
as herein provided, and also to pay all other reasonable and necessary expenses or
commissions paid by the District in re-leasing the Property. In the event of notification of
default by the District to the Fire Department and the Fire Department does in fact cure such
default, then and in that event the Fire Department shall pay, in addition to all arrearages as
existing under the notice of default, the reasonable attorneys fees incurred by the District in
determination of the default and the notification to the defaulting lessee.
LEASE - 7
If the District should default in the performance or obligation of any
provisions of this Lease incumbent upon it, the Fire Department shall be entitled to enforce
this Lease through specific performance.
The foregoing rights and remedies are not intended to be exclusive, and all
parties shall have any and all other remedies permitted in law or equity. The rights and
remedies of the parties are not intended to be mutually exclusive except to such extent that
they are inherently and necessarily contradictory, and it is intended that all permissible
remedies and rights may be exercised concurrently or successively, or both.
25. Attorneys Fees. In the event an action is brought to enforce any of the
terms or provisions of this Lease, or enforce forfeiture thereof for default thereof by either of
the parties hereto, the successful party to such action or collection shall be entitled to recover
from the losing party a reasonable attorney's fee, together with such other costs as may be
authorized by law.
In case suit shall be brought for an unlawful detainer of the Property for the
recovery of any rent due _under the provisions of this Lease, or because of the breach of any
other covenant herein contained on the part of the Fire Department to be kept or performed,
the Fire Department shall pay to the District all costs, expenses and attorney's fees which
shall be incurred by the District in enforcing the covenants and agreements of this Lease
Agreement.
26. Liens and Encumbrances. The Fire Department agrees that it will not
allow any liens or encumbrances of any type or kind to become established on or to stand
against the Property. The Fire Department shall not allow any mechanic, materialman or
labor lien to be established on or to stand against the Property and shall promptly pay for all
alterations or improvements made on the Property. The Fire Department shall indenmify and
defend the District from any such liens or encumbrances established during the terms of the
Lease.
27. Notices. All notices required to be given to each of the parties hereto
under the terms of this Lease shall be given by depositing a copy of such notice in the United
States mail, postage prepaid and registered or certified, return receipt requested, to the
respective parties hereto at the following address:
The District:
Superintendent
Joint School District No.2
911 Meridian Road
Meridian, Idaho 83642
LEASE - 8
The Fire Department
Meridian City Clerk
33 East Idaho
Meridian,ID 83642
or to such other address as may be designated by writing delivered to the other party. All
notices given by certified mail shall be deemed completed as of the date of mailing except as
otherwise expressly provided herein.
28. Representations. It is understood and agreed by and between the
parties hereto that there are no verbal promises, implied promises, agreements, stipulations,
representations or warranties of any character excepting those set forth in this Lease.
29. Leniency. If the District shall show leniency on account of any matter
or thing related hereto, such leniency shall not be considered or construed to be a violation
by the said parties of any term, condition or covenant hereof, and shall not prevent the
District from thereafter d~cIaring a forfeiture hereto on such matter or thing if not then made
good by the defaulting party as at the time demanded by the District, nor any subsequent
default thereof.
30. Recording. The parties hereto agree that they will not record a copy of
this Lease, the Fire Department's occupancy of said Property being notice of its interest
therein.
31. Entire Agreement. The parties agree that this Lease constitutes the
entire agreement of the parties with respect to the matters covered hereby and supersedes all
prior agreements. This Lease may be modified only in writing signed by both parties. Any
waivers hereunder must also be in writing signed by both parties.
32. Situs. This Lease is established and accepted by the parties under the
laws of the State of Idaho, and all questions concerning its validity, construction and
administration shall be determined under such laws.
33. Headings. The bolded paragraph headings are for convenience only
and are not a part of this Lease agreement and shall not be used in interpreting or construing
this Lease agreement.
34. Severability. If any portion of this Lease shall be, for any reason,
invalid or unenforceable, the remaining portion or portions shall nevertheless be valid,
enforceable and carried into effect, unless to do so would clearly violate the present legal and
valid intentions of the parties hereto.
Extension.
35. Automatic Extension of Lease Term/Option to Decline Lease
Unless terminated earlier as a result of the default of the Fire Department or
LEASE - 9
pursuant to the terms of Section 7, above, the term of this Lease as set forth in Section 1,
above, shall be automatically extended for one (1) additional ten (10) year term, provided
Fire Department is not in default at the time of such renewal. The parties, either together or
individually, shall have right to decline to renew the Lease for the additional ten (10) year
term by providing the other party with written notice of its intention not to renew the lease
term, which notice shall be served on the other party on or before September I, 2012 in the
manner as set forth in Section 27, above. If the term of this Lease is extended for the
additional ten (10) year term, prior to the end of that extension, the parties agree to negotiate
in good faith in an attempt to enter into a new lease agreement.
36. Binding Effect. The provisions and stipulations hereof shall inure to
the benefit of and bind the heirs, executors, administrators, assigns and successors in interest
of the respective parties hereto.
37. Representation. The attorneys for the Fire Department drafted this Lease.
All parties acknowledge that they have been separately represented by legal counsel of their own
and are participating in this transaction on the basis of decisions they have reached with the
benefit of separate legal representation.
IN WITNESS WHEREOF, the District and the Fire Department do execute
this Lease the day and year fIrst above written.
DISTRICT:
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LEASE - 10
JOINT SCHOOL DISTRICT NO.2
B
THE CITY OF MERIDIAN-Ff:R::E
BEP ARTl\'fENT
By:i(~~ .a
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EXHIBIT "A"
[Legal description for Property to be attached here]
LEASE - 11
,
Exhibit "A" Property Description for Meridian Fire Safe House
A portion of Lot 2, Block 1 of Education Campus Subdivision, Meridian, Ada County,
Idaho, more particularly described as follows:
Beginning at the Southwest corner of Section 32, T.4N., R.1E., Boise Meridian;
Thence along the westerly boundary of said Section, North 00031 '04" East, 1661.87 feet;
Thence South 89038'40" East, 1129.35 feet;
Thence North 00021 '20" East, 606.45 feet to the TRUE POINT OF BEGINNING;
Thence North 29028'41" West, 252.98 feet;
Thence North 39056' 57" East, 76.84 feet to a point of curvature lying on the
southwesterly right-of-vyay ofE. Leigh Field Drive;
Thence along said curv~ to the right 148.41 feet, having a radius of274.50 feet, tangents
of 76.07 feet, a delta of30050'37" and a long chord that Bears South 44057'58" East,
146.61 feet to a point of tangency;
Thence continuing along said southwesterly boundary of the right-of-way of E. Leigh
Field Drive South 29028'40" East, a distance of287.11 feet;
Thence leaving said right-of-way ofE. Leigh Field Drive, South 60031 '12" West, 111.09
feet, to the TRUE POINT OF BEGINNING.
Said parcel contains .63 acres, more or less.
Z:\Work\M\Meridian\Meridian lS360M\Fire Dept\Exhibit A from John Boyd for Meridian Fire Dcpt Safe House 10 29 OJ.doc
EXHIBIT "B"
[Preliminary site plans and drawings showing location ofthe Facility, driveway, parking, etc.]
LEASE - 12
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Meridian City Council
November 5, 2003
Page 2 of 76
. De Weerd: Okay.
Powell: Madam President, Members of the Council, there has also been a number of
tablings. I don't know if you want to announce them now or --
De Weerd: Yes. Let's go through those, please.
Powel!: The first one is Bear Creek NO.7. They have asked to be tabled to the 25th.
De Weerd: That's Item Number 10?
Powell: Correct.
De Weerd: To November 20--
Powell: Fifth.
De Weerd: Fifth.
Bird: Okay.
Powell: Item Number 16, there is a request from one of the property owners to table,
but I would, actually, ask that you at least take some staff testimony and provide for
input, rather than tabling that. That affects Item Number 17 as well, and then, as is
noted on 19 and 20, those were not posted properly. Number 18 there were some
comments from ITD that neither the applicant, nor staff, nor the Planning and Zoning
Commission had a chance to address, so we have got the recommendations done for
next week, so we are asking that that be tabled a week.
De W eerd: And that was item what?
Bird: Eighteen.
De Weerd: Eighteen.
Powell: Eighteen.
Bird: Madam President, I will change my motion, then. I move that we adopt the
agenda with the changes of Item Number 10 being tabled until November 25th, Item
Number 18 until November 12th, Item 19 and 20 will have to be continued until
November 25th, because of notification, and with those changes, I make a motion we
accept the agenda.
Nary: Second.
De Weerd: Mr. Bird would that include additional department reports?
Meridian City Council
November 5, 2003
Page 3 of 76
Bird: Yes. If they so require. Yes.
De Weerd: Okay. Second agree?
Nary: I would agree. Just because I did n't hear, just to be sure, so on 16 and 17 what I
heard Mrs. Powell say is we were going to keep it on the agenda --
Bird: We are going to keep that on the agenda.
Nary: Okay. Great.
De Weerd: Okay. Well, it's been moved and seconded to approve the agenda as
amended. All those in favor say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 3.
Consent A.genda:
A. Approve minutes of October 211 2003 City Council Regular
Meeting:
B. Continued from October 28, 2003: Findings of Fact and
Conclusions of Law for Approval: AZ 03-019 Request for
annexation and zoning of 16 acres from RUT to R-8 zones for
proposed Hiahaate Subdivision by Harris Homes, LLC - 2700
North Meridian Road:
C. Continued from October 28, 2003: Findings of Fact and
Conclusions of Law for Approval: PP 03-023 Request for
Preliminary Plat approval of 74 building lots and 10 other lots on
15.68 acres in a proposed R-8 zone for proposed Hiahaate
Subdivision by Harris Homes, LLC - 2700 North Meridian Road:
D. Continued from October 28, 2003: Findings of Fact and
Conclusions of Law for Approval: CUP 03-039 Request for a
Conditional Use Permit for single-family residential Planned
Development with a mix of attached and detached housing in a
proposed R-8 zone for proposed Hiahaate Subdivision by Harris
Homes, LLC - 2700 North Meridian Road:
E. Development Agreement: AZ 02-028 Request for annexation
and zoning of 81.54 acres from RUT to R-8 and L-O zones for
proposed Cedar Sprinas North Subdivision by Howell-Murdoch
Development Corporation - south of West McMillan Road and west
of North Meridian Road:
Meridian City Council
November 5, 2003
Page 4 of 76
F. Non-Development Agreement: AZ 02-028 Cedar SprinQs North
Subdivision for Lot 18 Block 13:
G. Water Main Easement for Idaho BankinQ Company:
H. Sewer Main Easement for Idaho Bankina Company:
I. Streetlight Agreement for Cobblefield Crossina No.1:
J. Streetlight Agreement for Baldwin Park No.3:
L. Lease for Fire Safe House between the Meridian Fire
Department and the Meridian Rural Fire Protection District and
Joint School District No.2:
M. Public Pedestrian Easement along Ridenbaugh Canal for EI
Dorado Business Campus:
N. ApPIove Bills:
De Weerd: Item Number 3 is the Consent Agenda.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda with one exception. Item
Number K needs to be moved to 5-K on the Regular Agenda, because there are some
questions we have got to -- need answered on that. I believe our Parks Department is _
- I thought -- yes. She's here, so -- we move that to 5-K and that the Council President
sign and the Clerk attest to all proper papers.
De Weerd: Okay. Do I have a second?
Nary: Second.
De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda, with
the exception of moving Item 3C to five -- or 5-K -- or 3-K to 5-K.
Bird: 5-K.
De Weerd: And ask the Council President to sign and Clerk attest. Mr. Clerk, will you
call roll.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.