The URL can be used to link to this page

Home My WebLink About2004-02-03 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 3,2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: K Shaun Wardle )( Bill Nary X Charlie I}puntree X Keith Bird U Mayor Tammy de Weerd 2. Pledge of Allegiance: f're {-(:A-..r.t-eL 3. Community Invocation by Alex Chamberlain St. Luke's Chaplain: r.e.r~f.uC 4. Adoption of the Agenda: ~r/'-<. a.f t'bhd?Yl-de4...- 5. Consent Agenda: A. Approve minutes of January 13, 2004 City Council Regular Meeting: 4f1'n?V"1L 7 - B. 7 ~ c. D. Findings of Fact and Conclusions of Law for Approval: VAC 03-007 Request for a Vacation of three feet of ACHD right of way on each side of West Pennwood Street for Troutner Business Park Subdivision No. 2 by Mary Ballantyne - west of South Meridian Road and south of West Franklin Road: f;tz/?ev fo 2--10-04- Findings of Fact and Conclusions of Law for Approval: PP 03- 034 Request for Preliminary Plat approval for a re-plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of 6 commercial building lots and 1 common lot on 17.26 acres in a C-G zone for Troutner Business Park No. 2 by Mary Ballantyne - south of West Franklin Road and west of South Meridian Road: f;Jv.U( -frp 2 -/ rtJ -tJ t/- Findings of Fact and Conclusions of Law for Approval: AZ 03- 030 Request for Annexation and Zoning of 2.8 acres from R-6 to L- a and C-G zones for proposed Southern Springs Subdivision No. 2 by The Land Group, Inc. - south of East Overland Road and east of SO~~Road: f;t!;,fe fi7' ~ -;tJ- t74-- Meridian City Council Agenda - February 3, 2004 Page 1 of3 All materials presented at public mect.ings 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 8884433 at least 48 hours prior to the public meeting. 7- F. (- G. ]- H. 7 - I. '7--- J. 7- K. E. Findings of Fact and Conclusions of Law for Approval: PP 03~ 036 Request for Preliminary Plat approval of 5 commercial building lots on 2.8 acres in proposed L-O and C-G zones for proposed Southern Springs Subdivision No.2 by The Land Group, Inc. - south of East Overland Road and east of South Meridian Road: ~;tJ(;r.e./ Findings of Fact and Conclusions of Law for Approval: CUP 03~050 Request for a Conditional Use Permit for a new bank facility with drive up tellers in an OT zone for Fanners and Merchants State Bank by CSHQA - 703 North Main Street: af)jlh9~ Findings of Fact and Conclusions of Law for Approval: VAR 03~021 Request for a Variance for parking of 46 stalls with 13 diagonal on-street parking stalls in an OT zone for Fanners and Merchants State Bank by CSHQA - 703 North Main Street: ~(Il.e. M a~cU Findings of Ficl and Conclusions of Law for Approval: PP 03~ 029 Request for Preliminary Plat approval of 6 building lots on 2.064 acres in a L-O zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers - 2150 West Cherry Lane: -/-wIA- 10 &-1 {) -t/#- Findings of Fact and Conclusions of Law for Approval: CU P 03~048 Request for a Conditional Use Permit for a Planned Development for nursing home care for up to 40 patients and office use with reduced setbacks and landscaping requirements in an L-O zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers, Inc. - 2150 West Cherry Lane: ~ /0 2-/0.-tJ4- Findings of Fact and Conclusions of Law for Approval: AZ 03- 031 Request for annexation and zoning of 15.04 acres from RUT to R-8 zones for proposed Windsong Subdivision by Landmark Engineering & Planning, Inc. - west of North Linder Road and north of West Ustick Road: fa./uU.- fo 2 -/ () -0 1-- l. Findings of Fact and Conclusions of Law for Approval: PP 03- 037 Request for Preliminary Plat approval of 66 single-family building lots and 2 common lots on 15.04 acres in a proposed R-8 zone for proposed Windsong Subdivision by Landmark Engineering & Planning, Inc. - west of North Linder Road and north of West Ustick Road: -h.hCe- fo 2-/t?-(J1- Bear Creek Restroom Project: Request for Extension of Contract by Haemker General Contracting ~~ ~ M. Approve Bills: ~vz.e- Meridian City Council Agenda - February 3,2004 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian.. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports: 7. 8. 9. 10. 11. 12. 13. A. Parks and Recreation Department - Doug Strong 1. Draft AQreement between Adventure Island Playground Organization and the City of Meridian: kJ_ ' M.etL ~';d hi 01r~LjJ~~ B. City Council Member - Bill Nary: 1. Discussion of City Council Meeting Agenda Format: diJcasU:cL (Items Moved from Consent Agenda) 14. 15". Public Hearing: PFP 03-005 Request for Preliminary I Final Plat approval of 2 building lots on 52.84 acres in an I-L zone for Jabil Subdivision by Jabil Circuit, Inc. - 130~ East Central Way: wf-f1/YAV:} fo jtJY'ep~ -P1-F4 c/:( IT-r tVfp-n'~ Public Hearing: CUP 03-061 Request for a Conditional Use Permit for a dental office in an L-O zone for Gaudry Dental Office by Dr. Robert Gaudry - southeast corner of Millenium Way and Gala Street in Resolution Business Park: 4/~ ";0 pr<-p~ .rIfe{ c/-t -Hrr~~ Public Hearing: PP 03-040 Request for Preliminary Plat approval of 5 building lots on 3.49 acres in an L-O zone for Financial Plaza Subdivision by Idaho Central Credit Union - 2225 East Overland Road: a-lf'&-r /'Le-':J 'f'7 jJr.e(Jfv1-e... -//~ .( c/ ~ ~ /~~ Public Hearing: AZ 03-034 Request for Annexation and Zoning of 11.31 acres from RUT to R-8 and L-O zones for proposed Razzberry Crossing by Carl and Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: tfi--I'(-&'7-n.e-'J -1-0 rt ~ III { c (.-( .f;:rr ~v-e-.-L Public Hearing: PP 03-039 Request for Preliminary Plat approval of 34 residential building lots, 4 professional office lots and 6 common lots on 11.31 acres in proposed R-8 and L-O zones for proposed Razzberry Crossing by Carl and Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: a4fzrrn.e'J ~ ~p~ ~/f.f ole rf&r~n.>ra:JL Public Hearing: CUP 03-062 Request for a Conditional Use Permit for a Planned Development containing a mix of residential and professional office uses in proposed R-8 and L-O zones for proposed Razzberry Crossing by Carl and Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: a--r.:/-rn-~ 1-0 frep~~ -=:Iff I e/e .f'ur t"~vtd. Water, Sewer, & Trash Delinquencies: p.-ofJ1fY'<"~ C'1<.-€.CiLt/v-.e seJ[/'r;y.. 67- 'Z 7~'.? (t) (c ) ~ np dec-/"Jd..........s Meridian City Council Agenda - February 3. 2004 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearing please contuct the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. February 19, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT February 24. 2004 ITEM NO. 3.^ REQU EST Approve minutes of February 3. 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: ~vU 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 3, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird a Mayor Tammy de Weerd 2. Pledge of Allegiance: Presented 3. Community Invocation by Alex Chamberlain St. Luke's Chaplain: Presented 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: A. Approve minutes of January 13, 2004 City Council Regular Meeting: Approve 7-B. Findings of Fact and Conclusions of Law for Approval: VAC 03.007 Request for a Vacation of three feet of ACHD right of way on each side of West Pennwood Street for Troutner Business Park Subdivision No. 2 by Mary Ballantyne - west of South Meridian Road and south of West Franklin Road: Table to February 10, 2004 Meeting 7-C. Findings of Fact and Conclusions of Law for Approval: PP 03- 034 Request for Preliminary Plat approval for a re-plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of 6 commercial building lots and 1 common lot on 17.26 acres in a C-G zone for Troutner Business Park No. 2 by Mary Ballantyne - south of West Franklin Road and west of South Meridian Road: Table to February 10,2004 Meeting D. Findings of Fact and Conclusions of Law for Approval: AZ 03- 030 Request for Annexation and Zoning of 2.8 acres from R-6 to L- a and C-G zones for proposed Southern Springs Subdivision Meridian Cily Cnullcil Agenda - February 3, 2004 Page I 01'-1 1\ II m;ncri:lis presenled al public meelings shall beeomc propcrty of lhe Cily or iVlcridialL '\nyonc lksinng ;lCCOl1lllllk!aI1l1l1 fur disublllllcS rdat...d 10 docllm...ms :llldinr h...aring pleasc wlltacllhe ('lly Ckrk's ()nice al ~~~.-I433 al kasl -I;'; Illlurs prillr llllhe puhlic mcctlng /" No.2 by The Land Group, Inc. - south of East Overland Road and east of South Meridian Road: Approve E. Findings of Fact and Conclusions of Law for Approval: PP 03- 036 Request for Preliminary Plat approval of 5 commercial building lots on 2.8 acres in proposed L-O and C-G zones for proposed Southern Springs Subdivision No.2 by The Land Group, Inc. - south of East Overland Road and east of South Meridian Road: Approve 7-F. Findings of Fact and Conclusions of Law for Approval: CUP 03-050 Request for a Conditional Use Permit for a new bank facility with drive up tellers in an OT zone for Farmers and Merchants State Bank by CSHQA - 703 North Main Street Approve 7-G. Findings of Fact and Conclusions of Law for Approval: VAR 03-021 Request for a Variance for parking of 46 stalls with 13 diagonal 0 n-street parking stalls in an Q T z one for Farmers and Merchants State Bank by CSHQA - 703 North Main Street Approve as Amended 7-H. Findings of Fact and Conclusions of Law for Approval: PP 03- 029 Request for Preliminary Plat approval of 6 building lots on 2.064 acres in a L-Q zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers - 2150 West Cherry Lane: Table to February 10, 2004 Meeting 7-1. Findings of Fact and Conclusions of Law for Approval: CUP 03-048 Request for a Conditional Use Permit for a Planned Development for nursing home care for up to 40 patients and office use with reduced setbacks and landscaping requirements in an L-O zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers, Inc. - 2150 West Cherry Lane: Table to February 10,2004 Meeting 7-J. Findings of Fact and Conclusions of Law for Approval: AZ 03- 031 Request for annexation and zoning of 15.04 acres from RUT to R-S zones for proposed Windsong Subdivision by Landmark Engineering & Planning, Inc. - west of North Linder Road and north of West Ustick Road: Table to February 10, 2004 Meeting 7 -K. Findings of Fact and Conclusions of Law for Approval: PP 03- 037 Request for Preliminary Plat approval of 66 single-family building lots and 2 common lots on 15.04 acres in a proposed R-8 zone for proposed Windsong Subdivision by Landmark Meridian City Council Agenda - February 3, 2004 Page 2 of 4 Allmalerials prescnlcd at public meetings shall becomc propcrly of the Cily or lVlendian, Anyone desinng accommodation for disabilities reblcd lo documcnts and/or hearing please cOlltaCI the Cily Clerk's Ofllcc at 888-4433 allensl 48 hours prior lo the public mceting. Engineering & Planning, Inc. - west of North Linder Road and north of West Ustick Road: Table to February 10,2004 Meeting L. Bear Creek Restroom Project: Request for Extension of Contract by Haemker General Contracting: Approve M. Approve Bills: Approve 6. Department Reports: A. Parks and Recreation Department - Doug Strong 1. Draft Aqreement between Adventure Island Playground Organization and the City of Meridian: Need Approval by other party B. City Council Member - Bill Nary: 1. Discussion of City Council Meeting Agenda Format: Discussed 7. (Items Moved from Consent Agenda) 8. Public Hearing: PFP 03-005 Request for Preliminary / Final Plat approval of 2 building lots on 52.84 acres in an l-L zone for Jabil Subdivision by Jabil Circuit, Inc. - 1303 East Central Way: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 9. Public Hearing: CUP 03-061 Request for a Conditional Use Permit for a dental office in an L-Q zone for Gaudry Dental Office by Dr. Robert Gaudry - southeast corner of Millenium Way and Gala Street in Resolution Business Park: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 10. Public Hearing: PP 03-040 Request for Preliminary Plat approval of 5 building lots on 3.49 acres in an L-O zone for Financial Plaza Subdivision by Idaho Central Credit Union - 2225 East Overland Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 11. Public Hearing: AZ 03-034 Request for Annexation and Zoning of 11.31 acres from RUT to R-8 and L-Q zones for proposed Razzberry Crossing by Carl and Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Merldlull City Councll Agcndu - Februury J. 2()()4 Page J of..j Allnmtcnuls presented ut public meetings shall bccolllc propCrly oftk City of ivlcridiull Anyone deSiring accommodation for disabilities related tll documcnts llnd/or hcaring plcllsc contact the City Clerk's Onicc at 888-4433 at lcust 48 hours prior to the public mCCllng 12. Public Hearing: PP 03-039 Request for Preliminary Plat approval of 34 residential building lots, 4 professional office lots and 6 common lots on 11.31 acres in proposed R-8 and L-O zones for proposed Razzberry Crossing by Carl and Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: CUP 03-062 Request for a Conditional Use Permit for a Planned Development containing a mix of residential and professional office uses in proposed R-8 and L-O zones for proposed Razzberry Crossing by Carl and Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 14. Water, Sewer, & Trash Delinquencies: Approve 15. Executive Session 67-2345(1 )(c): No Decisions Mendiun City Council Agendu - Februnry 3, 2004 Pngc 4 of 4 AlIlllntennls prescntcd at public mcetings shall become property ofthc City ofMcridialL I\nyonc desiring accol11lllodnlion for disabilities related to doculllcnts untl/or henring p1cusc COniuet the City Clerk's Ofllcc ut 888-4433 llllensl48 hours prior to the public mccting Meridian City Council Meetinq February 3, 2004 The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., on Tuesday, February 3,2004, by Council President William Nary. Members Present: William Nary, Keith Bird, Charlie Rountree, and Shaun Wardle. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nichols, Will Berg, Anna Powell, Brad Watson, Kenny Bowers, Bill Musser, and Dean Willis. Item 1. Roll-call Attendance: x X Shaun Wardle Charlie Rountree X Bill Nary X Keith Bird Mayor Tammy de Weerd Nary: It looks like it's TOO so we can call this meeting to order. Mr. Clerk, if you could call roll. Item 2. Pledge of Allegiance: Nary: Thank you. Item 2 is the pledge of allegiance. If all of you would, please, rise and join us in the pledge of allegiance. (The Pledge of Allegiance recited.) Item 3. Community Invocation by Alex Chamberlain St. Luke's Chaplain: Nary: I'd like to welcome you all to our February 3,2004, meeting. Our next item on the agenda is our community invocation by Chaplain Alex Chamberlain of S1. Luke's Hospital, Meridian. Chaplain, if you would join us. Thank you. Chamberlain: Please join me in prayer. Our God, we ask for the presence of your Spirit upon all who contribute to tonight's meeting, for the ability to concentrate on the matters at hand, and to set aside for another time and place anything that would distract us from this night's demands, for the capacity to speak honestly and listen openly, f or vision when we need to see with your eyes, compassion when we need to respond to those who are in dismay, and for wisdom when difficult decisions call for action. We thank you for the rain and the snow that bring joy to the skiers and reassurance to the farmers about the coming season. We pray that all who come and go here tonight will be able to breathe a sigh of relief when the meeting is adjourned and go safely home with a sense that you have, again, made a difference in how this town is governed. We pray in the name of the Lord, the one who loves best, Amen. Meridian City Council Meeting February 3, 2004 Page 2 of 45 Item 4. Adoption of the Agenda: Nary: Chaplain, thank you very much for joining us this evening. The next item is Item 4, adoption of the agenda. Bird: Mr. President? Nary: Mr. Bird. Bird: One addition to the agenda I'd like to add is Item Number 15, which will be an Executive Session as per 67-2345(1 )(c), Idaho Code, and with that I would move that we approve the revised agenda. Rountree: Second. Nary: It's been moved and seconded to approve the agenda with one additional item added, Item 15, an Executive Session. All those in favor say aye. Opposed? MOTION CARRIED: A["L AYES Item 5. Consent Agenda: A. Approve minutes of January 13, 2004 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 03" 030 Request for Annexation and Zoning of 2.8 acres from R-6 to L- o and C-G zones for proposed Southern Springs Subdivision No.2 by The Land Group, Inc. - south of East Overland Road and east of South Meridian Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03- 036 Request for Preliminary Plat approval of 5 commercial building lots on 2.8 acres in proposed L-O and C-G zones for proposed Southern Springs Subdivision No.2 by The Land Group, Inc. - south of East Overland Road and east of South Meridian Road: L. Bear Creek Restroom Project: Request for Extension of Contract by Haemker General Contracting M. Approve Bills: Nary: Okay. Item 5, the Consent Agenda. Bird: Mr. President? Meridian City Council Meeting February 3, 2004 Page 3 of 45 Nary: Mr. Bird. Bird: The Consent Agenda, we have some items we need to move to the regular agenda. Items B, C, F, G, H, I, J and K would be moved to 7 B, C, F, G, H, I, J, K, and the rest of the items would remain on the Consent Agenda and I move we approve the Consent Agenda. Rountree: Second. Nary: It's been moved and seconded to approve the Consent Agenda, which now, basically, contains Items 5 A, D, E, Land M. All those in favor? Oh, I'm sorry. Roll call. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 6. Department Reports: A. Par'Rs and Recreation Department - Doug Strong 1. Draft A~reement between Adventure Island Playground Organization and the City of Meridian: Nary: Item 6, Department Reports. Mr. Strong. Strong: Mr. President, Members of the Council, as you recall, this is an item that you heard earlier in an earlier Council meeting that we are bringing back to you tonight with some changes to the agreement with Adventure Island Playground and I think I will pass the explanation of what's been added off to Mr. Nichols for explanation. Nichols: Mr. President, Members of the Council, I looked at the -- I read through the minutes again of the last meeting where this was discussed and attempted to address concerns of the Council in the memorandum. I can -- I apologize that this wasn't a red lined copy to where you could easily see where those changes were, but just to review the changes, on page one we have added Mrs. Lindig's name as a -- in the first portion there, sot hat it's clearly identified as coordinated by her. I have a Iso referred tot he campaign as an unincorporated volunteer organization. We have added under conditions on page two, subparagraph 0, which requires the maintenance of a trust account for the receipt of collected cash donations, of which was something that was identified last time. I recharacterized what had been called indemnification as a volunteer labor-waiver of claims clause, because that more accurately reflected what it really was. Those were the primary changes that I made in this agreement. I, again, looked at the discussion a nd I - - that was what I g leaned from it. There was some discussion about making the agreement shorter or perhaps taking some things out, but when [ looked at how this was going to work, I couldn't see how we could take those out, so this is what we came up with. Meridian City Council Meeting F ebrua ry 3, 2004 Page 4 of 45 Nary: Thank you, Thank you, Mr. Nichols. Bird: Mr. President? Nary: Mr. Bird. Bird: Has Angela had a chance to read this? Strong: She has not. Bird: I have one follow up, please. Nary: Yes, sir. Bird: I have one question. Seeing how it's an unincorporated volunteer organization that we are signing into a contract with, what kind of challenges can this be made if somebody donates a bunch of money through another organization's 503 and, then, finds out it's an unincOTporated volunteer organization and they decide to pull their money or come back after or something like that. Is that -- can it be challenged? Nary: Mr. Nichols? Nichols: Mr. President, Members of the Council, let me see if I can recast the question and make sure I understand it. The hypothetical is what happens if someone donates money to a 501 (c)(3) entity, such as the St. AI's Group and, then, for whatever reason, this project falls through, one, what happens to the money and, two, what about the tax deductibility of the donation? Are those your questions? Bird: No. Nichols: No? Okay. Bird: I'll see jf I can clarify it. Nary: Go ahead. Bird: What I mean is if some corporation -- we are signing a contract with an unincorporated volunteer organization that says that they will build the playground for us, Adventure Island, but we have a corporation St. AI's, which is using their tax exempt number and helping raise the money. What if something goes wrong or what if a company says, well, we give to St. AI's and it's -- and we are, actually, doing it for an unincorporated volunteer organization, I just want to know can we be challenged? Can we get-- Nichols: Can the city get in trouble? Meridian City Council Meeting February 3. 2004 Page 5 of 45 Bird: Yes. Yes. Nichols: Mr. President, Members of the Council, I don't believe so. Bird: Okay. Nichols: 501 (c)(3) groups collect money and distribute it to people that are unincorporated individuals, I mean -- and different status and so I don't think that it would create any kind of challenge to this agreement or the project or somehow put some onus on the city. Again, to emphasize, the agreement contemplates they will have their funds and their in-kind donations and everything lined up before anything gets bought and the project goes forward. Nary: I guess, Mr. Nichols, the additional question I think that spurs in my mind from Mr. Bird's question is to the casual observer here it appears that we are partner with this unincorporated group, so does that mean we end up being the deep pocket they look at when their donation somehow goes array? I guess that would be the concern that I think Mr. Bird's question raises in my mind. I don't know that there is really a way to guard against that, but I just wondered what your thought is. Nichols: Mr. President, Members of the Council, I don't think that puts us in any kind of primary liability. The nature of a donation is once you give it, you trust the recipient to use it for the purposes for which it was intended. If you control strings over it, then, it's not really a donation for the purposes of tax deductibility and some of these other things. As far as the partnership side of it, I think that's one of the reasons that we have incorporated into this agreement the funds and the in-kind donations all have to be there before it begins, rather than to start it and be halfway into it, it's not finished, and, then, who is going to pick it up. We wanted to make sure everything was in place, the plans, the specs everything is there before any material is ordered, so that it will be a successful project. I should say, too, since this is a process that started, I think, two years ago, the community build aspect of this thing has been done in other communities across the country, so -- and Mrs. Lindig went -- I think it was Chicago that she went to a community build on a playground area, so others have done this before. It's been successful and she's tapped into that group to figure out how to get this done. Bird: Mr. President? Nary: Mr. Bird. Bird: I think, then, that we don't need to -- we can enact upon it, but I think we need to get this to Angela and her read this over. Make sure she -- and I think Mr. Nichols ought to do that and make sure she understands that she's basically signing for herself, nobody -- SL AI's isn't backing her or anybody else backing her. Make sure she understands that. Meridian City Council Meeting February 3, 2004 Page 6 of 45 Strong: Mr. President, Members of the Council, I will be seeing Angela tomorrow at a monthly design meeting that will be held at the foundation office at St. AI's and can take a copy to her, t hen, and explain ita s I understand ita t t hat point. S he would have foundation individuals to discuss it with and advise her on that end. Nary: Council, would that, I guess, be your preference, that if it's satisfactory to the other parties here, that Mr. Strong bring this back with a resolution before us and -- next week or the following week? Are we comfortable with the agreement as long as it's comfortable with the other party? Rountree: That's good with me. Yes. Wardle: I am. Bird: Fine with me. Nary: Okay. Does that work? Strong: That will work.~' B. City Council Member - Bill Nary: 1. Discussion of City Council Meeting Agenda Format: Nary: Great. Thank you. Next item is Department Reports, a City Council item. Again, I just wanted to keep this item before us. We have had a number of discussions about our meeting agenda. We did ask Mr. Nichols to provide us some further information and, honestly, I can't recall, Council, if I sent this to you or not. I think Mr. Nichols sent it to me and I can't remember if I sent this forward to you folks. Bird: I don't recall seeing it. Nary: Okay. Then, it's my fault. I thought -- I thought I had forwarded this, but I didn't, and I meant to. Mr. Nichols did identify the few sections of our city code that would have to be amended that we can take a look at. I will get those to you tonight, so that you can look at which ones we would be looking at and what we probably need to do is have some proposals that we want for the agenda discussion. The Mayor should be back next week and we can finalize this with the different code sections and, then, Mr. Nichols can go ahead and get those code sections amended. I think everyone of us has a little different perspective of what we'd like to see meeting's format be and so that's where I think the discussion is. If we come next week with that prepared, I will give these to you and it's my apologies, I thought I had sent these to you and I, obviously, meant to and forgot. I'm sorry a bout t hat. We will have t hat on 0 ur p re- Council for discussion next week and I will have these ordinances to you this evening before you leave. Meridian City Council Meeting February 3. 2004 Page 7 of 45 Item 7. (Items Moved from Consent Agenda) B. Findings of Fact and Conclusions of Law for Approval: V AC 03-007 Request for a Vacation of three feet of ACHD right of way on each side of West Pennwood Street for Troutner Business Park Subdivision No. 2 by Mary Ballantyne - west of South Meridian Road and south of West Franklin Road: C. Findings of Fact and Conclusions of Law for Approval: PP 03- 034 Request for Preliminary Plat approval for a re-plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of 6 commercial building lots and 1 common lot on 17.26 acres in a C-G zone for Troutner Business Park No. 2 by Mary Ballantyne - south of West Franklin Road and west of South Meridian Road: Nary: Next, Item 7 is the items we have moved from the Consent Agenda, which are numerous. Items -- now they are 7 B, C, F, G, H, I, J, and K. Item 7B and C are the Troutner Business Park-No.2 and is that -- Mrs. Powell. Powell: Yes. Thank you, President Nary, Councilmen. First of all, I want to apologize for not joining you for the last couple of weeks, but I'm hail and hardy and back here, so -- it seems like we are clarifying everything that happened last week, unfortunately, and I wasn't here. The issue, as you can see from the letter from Mr. Ballantyne, dated February 3rd I think that they felt that your motions last week gave them more flexibility regarding the vacation of the portion of the street south of Pennwood. This is the plat just for reference. This is a blowup of the area. It's solely this stub street to the south that's in question. In reviewing the minutes for the vacation, I think it was very clear that the Council still wanted the stub street going to the south. It's the motion on the preliminary plat where it got a bit confused and I think that, perhaps, some of that is related to some uncertainty on your part as to how vacations get processed, so I'm just going to take a moment to explain how roadway vacations get processed. ACHD will not process a vacation application until you all approve the vacation. The process starts with us for them to -- for us to specifically say, okay, we vacate this easement or this right of way dedication that was on this plat and that has to come from you before ACHD will even act on it. It's -- they don't have wiggle room like they do when they are processing a plat in giving -- you know, you can do this or this, it's really you decide what can be vacated, that goes to ACHD, and, then, they go through a lengthy process to vacate that. Technically, they are the owners of the road. Once that plat is filed they own the road, but they wait to hear from you before they do anything. If the Council wants to leave some wiggle room as to where that stub street is to the south, then, we can work on some -- a condition of approval that reflects that with the Ada County Highway District. I think they will be a little stymied, because the vacation that you forward to them is only for the properties going north and a little bit of the n it was an extra wide right of way. The narrower right of way on this one. Again, I think that if you look at your motion for the vacation, it was pretty clear you wanted a stub street. Now, if Meridian City Council Meeting February 3, 2004 Page 8 of 45 that wasn't the case -- and I know it was a split vote and the tie breaker is not here tonight, so it may make this discussion even more difficult. We do need to know where you were trying to go on the plat and that's probably clear as mud and I think that Craig Hood tried to make it a little clearer and had about the same effect that I'm having now, so n Wardle: Mr. President? Nary: Mr. Wardle. Wardle: As I recall the discussion n and it was a split vote -- I think the final action from the Council in about 10 minutes of discussion was we were vacating to the north, as Anna stipulated. However, we wanted some sort of a stub street to the south and are you telling us that to do that we need to apply a condition of approval to the plat, so that that can go to ACHD? Am I hearing that correctly? Powell: Well, probably, but if that's what you want to do is give some more flexibility on the one going to the south, then, probably, what we need to do is to say on the vacation to go ahead and vacateall the easements that they want to vacate. Then, on the plat to specifically require a stub street to the south. This may require -- I'm getting a look from Mr. Nichols over there -- which this may require reconsideration on your part, if that's what you want to go back and do, but I'm not sure, Nary: I think my recollection is the same as Councilman Wardle, is that that's what I thought we intended to do was to vacate the northern requirement, but to locate a southern stub street -- or to the southern property and it could be anywhere along that roadway. It didn't have to be in the middle any longer, since the northern street didn't go through, that it could be -- I think that was our intent. Again, I don't know n Council, do you want to take this matter up, since it was a split vote, when the Mayor is present or do you want to amend the findings tonight? What's your preference? Rountree: Mr. President, I'd like to get it resolved this evening and I'm trying to put the pieces together here in the memo. Nary: Okay, Bird: I concur with Mr. Rountree. Powell: Given your clarification tonight, I think that we can work with the attorney's staff to make that -- as long as that's -- I think that will be fine. I think that that does come through in the minutes, it was just n again, I think it's just more related to the process and rigidity in the vacation process, so we just need to go back and make that clear for the vacation findings, more than the plat findings, then. Rountree: Mr. President? Meridian City Council Meeting February 3, 2004 Page 9 of 45 Nary: Mr. Rountree. Rountree: My recollection is that the Council wanted to have a stub street there n not necessarily, my opinion, but that's my recollection of what happened. Bird: What's your opinion? Rountree: And that was reflected in the approval of the Findings of Facts. Nichols: Mr. President? Nary: Mr. Nichols. Nichols: If I may interrupt. Anna, it appears that perhaps the problem with the findings on the preliminary plat is the -- is the conditioning something on ACHO approval, because, if I understood you correctly, if this Council says there shall be a stub street, there will be one, and as currently worded, the findings talk about if ACHO concurs with the Council's action. Powell: I think that we need to change both of them, actually, because the vacation was clear that you were not vacating to the south and we, actually, will have to have you vacate that if they do want move that. You have to vacate what they gave you before and have them give you something new. We are going to have to change the findings, actually, on both items. One to clarify that they can vacate everything. Then, on the plat to clarify that, yes, you absolutely will have a stub street to the south. It's not ACHO's decision, it's your decision, and you decided. Is that what you were asking, Mr. Nichols? Nichols: Of course. Nary: Good lawyer answer. Rountree: That's kind of where I was going, that the Council voted to vacate all but a stub street. It was their desire to have a stub street, but they were not site specific. Can the findings in the plat be approved generically that way in terms of the stub street to the south off of Pennwood? Powell: Yes. We can work to revise the findings to accommodate that, if you just could -- they are not there tonight, obviously, but we can revise them. Nary: Yes. I think to muddy it up, I think the intention of the discussion around the highway district approval was where it was, not that it bet here, because I think our direction was it be there, but the highway district could decide where along Pennwood Street would be the most appropriate location to have it. Powell: Okay. Meridian City Council Meeting February 3, 2004 Page 10 of 45 Nary: If that's what I understood. That's when we talked about it could be anywhere going to the south, but I don't think we intended to say that the Highway District could decide whether or not to have it, just where to have it. Powell: Okay. Wardle: Mr. President? Nary: Mr. Wardle. Wardle: As I recall for the discussion, the discussion was that -- and the Council's decision -- and yet, again, not my opinion. The decision was that there be a stub street, although I did hear discussion t hat A CHD had the ultimate authority to vacate these easements. I believe that was the discussion as to why it might have been unclear, but as Anna's telling us, it's our -- the decision we made was a final decision for that stub street; is that correct? Powell: Councilman Wardle, yes, for the most part. Now, if for some reason, ACHD finds that they can't vacate that, if there is some utility that they can't get an easement for otherwise, or if there is something to prevent them from vacating it, then, that might be an issue, but they won't proceed until they have the approval of the Council to vacate that. Now, there may be something else holding it up, but -- Nary: Okay. Counsel, are you seeking another week, so that we can have the exact language for this, so that when we approve it we know exactly what it says? Mr. Nichols is sort of nodding that would be his preference. I think, since, obviously, it wasn't all that clear once and now we have had it twice, we probably should make sure the writing is reflective of what we intended and I think it would be -- make more sense to continue this matter for a week to get that finalized, if a week is adequate. Nichols: It is. Nary: Okay. Bird: Mr. President? Nary: Mr. Bird. Bird: I move we continue the Findings of Facts and Conclusions of Law for approval on VAC 03-007, for the Troutner Business Part Subdivision NO.2 until February 10, 2004. Rountree: Second. Nary: It's been moved and seconded to t able Item 7 Band C to 0 ur February 10th, 2004, meeting. All those in favor? Meridian City Council Meeting February 3, 2004 Page 11 of45 MOTION CARRIED: ALL AYES F. Findings of Fact and Conclusions of Law for Approval: CUP 03-050 Request for a Conditional Use Permit for a new bank facility with drive up tellers in an aT zone for Farmers and Merchants State Bank by CSHQA - 703 North Main Street: G. Findings of Fact and Conclusions of Law for Approval: VAR 03-021 Request for a Variance for parking of 46 stalls with 13 diagonal 0 n-street parking stalls in ana T z one for Farmers and Merchants State Bank by CSHQA - 703 North Main Street: Nary: Now we are up to Items 7F and G. Mrs. Powell. Powell: President Nary, Members of the Council, this one was, again, just a clarification on the -- take care of the easy one first. On the Variance I think it was just a simple misstatement of 15 parking spaces versus 13 for the Variance and I think that that one is pretty straight forwafd. The second one was on the timing of the removal of the building. I didn't -- I figured most of us, since you drive buy it everyday, would remember where -- I don't have a picture of the building, but the question was the timing of that. Would it be left to applicant's choice, as some members came away from -- or the applicant and staff thought that some flexibility was still given by the Council as to when that building was removed, that it was still the applicant's choice if they wanted to get keep it. The exact minutes and the exact wording that ended up in the findings -- it's not clear if Council actually specifically wanted them to remove the building. We are just trying to find out if the Council still wanted to leave the option of letting them have the building or if they wanted it removed. Bird: Mr. President? Nary: Mr. Bird. Bird: We can -- I'll ask the architect in charge of the plan, but as I understood this is staff wanted the building to stay. The applicant wanted it to go. We went with the applicant. It goes. The existing building goes. Powell: That is true that when they came in it was staff that wanted them to and Mr. Slocum can nod appropriately as he sees fit over there. My understanding was that Farmers and Merchants was still willing to consider keeping it, but they didn't want to completely throw it out at -- just yet. That they were still going to consider it, and that's the way we had brought it forward, but -- and to my knowledge that was still -- Steve Slddoway did contact Mr. Slocum to make sure that -- what his understanding was and I believe that the applicant still does want to leave that option open. Bird: Follow up? Meridian City Council Meeting February 3. 2004 Page 12 of 45 Nary: Sure, Mr. Bird. Bird: Mr. Zimmerman, the executive vice-president, I believe, of Farmers and Merchants, said that he wanted it down when we approached that idea out there, from within the hearing, that they -- that they were -- the only reason they were open to the option was because of the staff. Powell: That isn't my understanding currently, but if that is the case, then, we can go forward with the findings probably -- probably as is and I don't know if Mr. Slocum can talk to you or not -- okay. Bird: Can we have him up, Mr. President? Nary: Certainly. Mr. Wardle, did you have something before Mr. Slocum? Wardle: Sure. Mr. President, that was also my recollection, that after some discussion of how the building was going to stay and some options, that it was their preference -- and I believe speaking Trom my position on the Council that it was our preference that the building come down. Now, I don't believe that the date of that building's razing and occupancy was addressed and so I think maybe that would be a good question. Nary: Mr. Slocum, can you tell us what you thought we meant? You don't need to be sworn. Slocum: No public -- Nary: No. Slocum: I'm in concurrence with what you're saying. I will tell you that Farmers and Merchants, based on conversations today with Clarence Jones, their COO, is that that building that exists today will be taken down once the new building is built. Steve Siddoway called me after -- as they were -- he was reviewing the findings and conclusions and it was his understanding that the option was left over. I indicated that I thought there wasn't an option, that the Council had made it clear that the building was to come down and that's, basically, where the discussion went and was just looking for some clarification. From t he bank's standpoint, if t he option is there, that's fine, but what I'm hearing from Farmers and Merchants is it will be taken down at some point in time after the new building is constructed, and as long as there isn't a time specific set, that's acceptable to them. Bird: That's the way I understood it. Nary: Mr. Nichols? Meridian City Council Meeting February 3. 2004 Page 13 of 45 Nichols: Mr. President, Members of the Council, you run a risk if you don't have a date specific. I mean right now it says the building will be abandoned when the certificate of occupancy is -- you know, or close in time, I think, is the way the findings are. I mean if you don't say it's got to be down within some period of time, the building could be there for an inordinate amount of time. Not that the bank intends to leave it there, you know, long or not complete their plaza and so forth, but the building, essentially, has got to come down in order to comply with the site plan, so -- Nary: So, Mr. Nichols, are you suggesting that we should add an additional requirement in the findings, then, as to some date certain, whether it's 18 months or 12 months or whatever, from occupancy of the new building to when the other building would be removed? Nichols: I think it's -- Mr. President, Members of the Council, it's prudent to have some kind of deadline. I don't know what the bank was thinking in terms of -- obviously, they can't take it down the same day that they move into the new one, that's very apparent, and it might be a temporary CO on their plan, because they can't build the plaza and some of the other things until the old build's gone. There should be some sort of a deadline, I would think, for all of that to be done. Bird: Mr. President? Nary: Mr. Bird. Bird: We could give them, you know, three or four months from CO, certificate of occupancy. That would be fair, I would think or, you know, I'm just throwing out three or four months or six months or whatever you wanted to do. Unlike Mr. Nichols, I do believe we need a time certain. Not that they -- not that they probably won't want it down in the -- I mean they want to get rid of it, so their office building shows up. I mean that's going to be the site. If you have got that blocking it, I mean they are going to take it down as soon as they can. Wardle: Mr. President? Nary: Would -- oh, sorry. Go ahead, Mr. Wardle. Wardle: Mr. President, I have a question of staff. Just a procedural question. Do they -- does Farmers and Merchants need to complete the plaza to be in compliance with the Conditional Use? Powell: Well, the approved -- excuse me, President Nary, Council Member Wardle. The approved site plan, jf -- if you are, indeed, just adopting the approved site plan that has the b uJlding removed, then, they couldn't get a full occupancy, they could get a temporary occupancy, but they wouldn't be able to get a full occupancy until that is removed. That might solve the problem there. Meridian City Council Meeting February 3, 2004 Page 14 of 45 Wardle: And -- Mr. President? Nary: Yes, sir. Go ahead. Wardle: What is the time line -- if a temporary occupancy is issued, what is the time line for a permanent occupancy from the building department or from -- Powell: I'm not sure that there is a specific time line. Generally, when we grant the temporary occupancy, we will put one on, whether it's three months or six months. We- - I think we just coordinate with t he a pplicant on that, but -- because I k now like for Krispy Kremes, I think it was three or four months, something like that, and we just set it at the time that we issued a temporary occupancy. Nary: Council, what you may want to consider, if we are going to amend the findings, is try to give the -- I guess the outside time limits that our expectations are. I mean if -- because I don't know when the building will be completed. We have an extension tonight on a bathroom, because -- we had to extend it twice because of materials and weather. If we are looking at a point where they are occupying the new building, you may -- we may want tonave some sort of condition that within six months of that period of time the current building site is demolished. That within an additional six or 12 months or some time period that the work be completed on the plaza, that's part of the plat, or something like to that, to give them at least some flexibility of time, but not some never-ending date, but -- Bird: Mr. President? Nary: Mr. Bird. Bird: I believe that -- and it's like Anna said, they will not get a certificate of occupancy, a permanent one, until that building is down and the plaza is up, because of the passing of it. They can get a temporary certificate of occupancy and, then, at that point they get so many -- like Anna said, the staff will sit down with the applicant and they will say we can do it within three or six months or whatever to get that razed and the plaza back up. You're not just razing -- or taking the building down, you're also putting back a plaza that has to be on there before they get their permanent occupancy, so -- Nary: True. Bird: So, I think it can be used that when they get their temporary certificate of occupancy, at that point I think that the staff and the applicant can determine a deal. I mean this is something that's just in the rules. I don't see where we have to change the findings at allan that, because it is part of our conditions of temporary occupancy and stuff, so I don't think we have to change the findings or anything. Slocum: Mr. President, Members of the Council, I believe in my conversations with Steve Siddoway that was kind of the bottom line, if Council felt that the motion to have Meridian City Council Meeting February 3, 2004 Page 15 of 45 the building taken down eventually was the motion that you all felt comfortable with, that the findings, I believe, as they were written were fine. It's just that if you wanted to give Farmers some option in whether that building came down or not, that there needed to be some -- some change to the findings and conclusions. Powell: Mr. President, Council Members, that's what Steve's memo states as well. The only thing you'd need to do is change the variance findings from 15 to 13. Nary: Yes. Council, looking at the n I think what you had just previously stated, Mr. Bird, is in the findings for the plat, that talks about the -- getting all the improvements getting completed. The improvements include the plaza, so -- and there is a time period in which to accomplish that and to get a CO, so -- so, I think we probably -- if that's everyone's intention, then, we are probably only looking at amending the variance once. Bird: And that's just the parking from 15 to 13 spaces. Nary: Right. Bird: Mr. President? Nary: Anything else? Okay. Mr. Bird. Bird: I would move, then, that we approve the facts -- the Findings of Facts and Conclusions of Law for approval of CUP 03-050, the request for a Conditional Use Permit by Farmers and Merchants State Bank. Also the VAR 03-021, the request for a variance of 46 parking stalls, with 13 diagonal on-street stalls and change the findings from 15 to 13. We had 15 in the Findings. With that I would -- and for the President to sign and the Clerk to attest. Wardle: Second. Nary: It's been moved and seconded to approve Items 7 F and 7 G, the Findings of Facts and Conclusions of Law for CUP 03-050 and VAR 03-021, request for variance for the Farmer and Merchants State Bank. Mr. Clerk, if you would call roll. Roll Call: Bird, aye; Rountree, abstain; Wardle, aye; Nary, aye. MOTION CARRIED: THREE AYES, ONE ABSTAIN H. Findings of Fact and Conclusions of Law for Approval: PP 03- 029 Request for Preliminary Plat approval of 6 building lots on 2.064 acres in a L-O zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers - 2150 West Cherry Lane: I. Findings of Fact and Conclusions of Law for Approval: CUP 03-048 Request for a Conditional Use Permit for a Planned Meridian City Council Meeting February 3, 2004 Page 16 of 45 Development for nursing home care for up to 40 patients and office use with reduced setbacks and landscaping requirements in an L-O zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers, Inc. - 2150 West Cherry Lane: J. Findings of Fact and Conclusions of Law for Approval: AZ 03~ 031 Request for annexation and zoning of 15.04 acres from RUT to R-8 zones for proposed Windsong Subdivision by Landmark Engineering & Planning, Inc. - west of North Linder Road and north of West Ustick Road: K. Findings of Fact and Conclusions of Law for Approval: PP 03R 037 Request for PrelimInary Plat approval of 66 single-family building lots and 2 common lots on 15.04 acres In a proposed R-8 zone for proposed Windsong Subdivision by Landmark Engineering & Planning, Inc. - west of North Linder Road and north of West Ustick Road: Nary: The next item we-have is 7 H, I, J and K, Windsong -- oh, I'm sorry. H and I for the Cherry Lane Office Park. Mrs. Powell. Powell: PresIdent Nary, Members of the Council, this -- we are just asking you to table this, because we did note some discrepancy in the findings and we just received it at a late date. I don't believe the applicant has had a chance to review the findings as well. Same is true of Windsong. It's just -- Nary: Okay. Is the applicant here on these? Powell: I called Mr. McKinnon and was not able to reach him, so I'm not even sure he was aware that the findings were on tonight. Nary: Okay. Okay. Well, Council, we can take -- if that's your pleasure, we can certainly take up 7 H, I, J and K, if the intent IS to table all of them. Is one week or two weeks more appropriate? Powell: I believe one week will be sufficient. Nary: One week is sufficient. Okay. Bird: Mr. President? Nary: Mr. Bird. Bird: I would move we continue PP 03-029, Preliminary Plat request for Cherry Lane Office Park SubdivIsion and a Iso CUP 03-048, for Cherry Lane Park -- Cherry Lane Meridian City Council Meeting February 3. 2004 Page 17 of 45 Office Park Subdivision and also AZ 03-031, Windsong Subdivision, and also PP 03- 037 for Windsong Subdivision to February 10,2004. Rountree: I'll second that if it's a motion to table. Nary: That's what I was going to -- Bird: Continue. Didn't I say continue? Nary: You did, but it should be to table. Bird: Oh, that's right. To table. I'm sorry. Nary: And that's what I assumed Mr. Bird meant. The motion before us is to table -- motion has been made and seconded to table Items 7 H, I, J, and K for Cherry La ne Office Park and Windsong Subdivision to our February 10, 2004, meeting. All those in favor say aye. MOTION CARRIED: AtL AYES Nary: Now, we are up to Item 8. Before we begin the Public Hearing, I'm going, I guess indulge myself as the chair this evening. We have four different Public Hearings before us tonight. What I'm going to ask each of you is if you intend to testify, at least at this juncture, or you think you may testify, all of our testimony is to be sworn before we start any of the Public Hearings. I'm going to have each of you to raise your hand if you intend to testify, so that you can all the sworn at one time and maybe save us a little time later one in the evening. If you intend to testify, you don't have to stand if you don't want to, simply raise your right hand. Powell: President Nary, do you want staff to swear in? Nary: Sure. If you would swear or affirm that all the testimony you give to this Council - - give this evening before this Council will be the truth, the whole truth, and nothing but the truth, so help you God? (Answers in the affirmative.) Item 8. Public Hearing: PFP 03-005 Request for Preliminary I Final Plat approval of 2 building lots on 52.84 acres in an I-L zone for Jabil Subdivision by Jabil Circuit, Inc. - 1303 East Central Way: Nary: Before we start the Public Hearings for each of the Public Hearings, just so you know, the applicant for the hearing will have 15 minutes to make their presentation. If you can make it in less than 15 minutes, more power to you, we will commend you for that. The staff will make a report before that. The applicant will have 15 minutes. Each of the people that testifies will have three minutes to testify. At the end the applicant Meridian City Council Meeting February 3. 2004 Page 18 of 45 always get the last word, so they will have some rebuttal time. We generally won't time that, but, again, brevity will be rewarded more than taking a long time. The first item that we have -- and also, just for your own note, before you testify, when you state your name, please, spell your last for the person taking our minutes and I will ask you always to also affirm that you have already previously been sworn. We can start with Item 8, Public Hearing, is PFP 03-005, for Jabil Subdivision. Mrs. Powell. Powell: President Nary, Members of the Council, this is the Jabil property, which at the end of Locust Grove right before the freeway, and the purpose of the subdivision is to divide the currently developed portion of the site and allow that to be sold as its own lot, while the remainder lot will be available for sale also. We have delayed the construction of -- the Comprehensive Plan does ask for a pathway on this lot. We have delayed the construction of that pathway until some time as this lot comes in for development. These items you see here on soccer fields that -- the site is currently used for PAL soccer, I believe. At the Planning and Zoning Commission Hearing, they did recommend approval of the subdivision to you. T he applicant's representative Dean Briggs did testify in favor of the application. That was the only testimony at that hearing. There were no key changes to staff recommendations. As you will note on the summary sheet, though-' there were a couple of issues that weren't addressed, one of those being the special recommendations from the ACHO staff report. Mr. Siddoway did include those in the recommendations that are before you. He did coordinate with the applicant and they were okay with those special recommendations that ACHO was suggesting, so those have been included in the findings that are -- or recommendations that are before you tonight. The other item that didn't get discussed at the Planning and Zoning Commission has to do with ITO and their noise abatement language. I think some of you may recall -- two of you may recall, we kind of went about on this on Stokesberry where on these commercial developments ITO is still requiring a letter that says that the owners of the property forego any right to ever ask for any noise abatement. We did table Stokesberry to try and get a clarification from lTD. Their clarification was even more confusing and just for reference on Stokesberry you did just drop the ITO requirement completely. There is some question tonight as to what you want the applicant to do as far as the ITO requirement for noise abatement. And the only other small changes that were done was we did ask the applicant to reflect the future right of way for Locust Grove on the plat and that's, really, the only other issue of note. With that, I will answer any questions you might have. Nary: Council, any questions? Thank you. Mr. Brown. Brown: For the record, Kent Brown, Brown, and I have been sworn at tonight, so -- I did swear. We are in agreement with the conditions. We would ask for the waiver of that ITO requirement, as was explained to me by Mr. Siddoway, they would ask us to do a study. Then, upon finding that there is noise on the interstate, then, possibility we might have to build a retaining wall or sound barrier wall or sign a document that we will never go against them for traffic noise or whatever else. We would ask that you waive that requirement from us. As you look at the site, there are existing two parcels already there. The Jabil site is built, for the most part, on one of the parcels. For the -- my Meridian City Council Meeting F ebru ary 3, 2004 Page 19 of 45 clients, Jabil, to sell, the entire parking lot would need to move the property line and because the City of Meridian does not have a property line adjustment procedure, they have a lot line adjustment procedure, we are forced to do this horrendous task of doing a subdivision for two legal parcels of record that the city recognizes. The parcel line is in the wrong location so, be nice to us for going through all of this effort. Jabil would like to get someone into that site and would also like to sell the other site. I'll stand for any questions. Nary: Council, any questions? Bird: I have none. Rountree: I have none. Nary: Good brevity, Mr. Brown. Thank you. Is there anyone else here to testify on this item? Council, do you have any other questions of staff or the applicant? Seeing none, do we wish to close the Public Hearing? Rountree: Mr. President? Nary: Mr. Rountree. Rountree: I move we close the Public Hearing on Item Number 8, PFP 03-005. Bird: Second. Nary: Excuse me. It's been moved and seconded to close Item 8, PFP 03-005, request for Preliminary and Final Plat for Jabil Subdivision. All those in favor? MOTION CARRIED: ALL AYES Nary: Council, what's your pleasure on this item? Discussion or motion? Bird: I have none. Wardle: Mr. President? Nary: Mr. Wardle. Wardle: I move that we approve PFP 03-005, request for Preliminary and Final Plat approval of two building lots on 52.84 acres in an I-L zone for Jabil Subdivision by Jabil Circuit, 1303 Central Way, and to remove the ITD requirement from the plat. Bird: Second. Nary: It's been moved and seconded to approve PFP 03-005. Meridian City Council Meeting February 3. 2004 Page 20 of 45 Powell: Mr. President? Nary: Yes. Powell: Just for clarification, because it was missed at the Planning and Zoning Commission, it was just -- it was, actually, not on there yet, so we are just not adding it, but -- Nary: Okay. Powell: Just for the record is all -- Wardle: Mr. President? Nary: Mr. Wardle. Wardle: I move to amend my motion to not include the ITD requirement on the plat. Bird: And second agrees. Nary: Okay. It's been moved and seconded to approve the finding -- or approve for Findings of Fact and Conclusions of Law PFP 03-005, request for Preliminary and Final Plat approval for Jabil Subdivision, as recommended by the Planning and Zoning Commission. Mr. Clerk, would you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 9. Public Hearing: CUP 03-061 Request for a Conditional Use Permit for a dental office in an L-O zone for Gaudry Dental Office by Dr. Robert Gaudry - southeast corner of MiJlenium Way and Gala Street in Resolution Business Park: Nary: Next we have Item 9, CUP 03-061, request for Conditional Use Permit for a dental office in an L-O zone for Gaudry Dental Office by Dr. Robert Gaudry at the southeast corner of Millennium Way and Gala Street in Resolution Business Park. Mrs. Powell. Powell: President Nary, Members of the Council, this is in Resolution Business Park. You have seen this site several times. We had a Conditional Use come in for a dental office and, then, a Preliminary Plat in those boundaries you see there. This dentist office is also -- is, actually, on a smaller portion. That Preliminary Plat you approved is not final yet. This is, actually, just in this area here. You have seen the site layout before when this one came in. They have always shown all three. The Planning and Meridian City Council Meeting February 3, 2004 Page 21 of 45 Zoning Commission did recommend approval with conditions. The owner's representative Larry Knopp testified in favor of the application. There was no other testimony. There were no key issues of discussion by the Commission and no significant changes to the staff's original recommendation. There are no outstanding issues before this City Council. With that, I will end staff's testimony. Nary: Thank you, Mrs. Powell. Is the applicant here? Knopp: Mr. President, Members of the Council, Larry Knopp, 355 South 3rd Street. I'm the architect representing the owner here today. We reviewed all the conditions from the staff report and we are in agreement with it. I will answer any questions that you might have regarding this project. Nary: And, Mr. Knopp, for the record, you were previously sworn? Knopp: Yes. Nary: Thank you. Council, do you have any questions? Thank you, sir. Knopp: Thank you. Nary: Council, do you have any other questions for staff? Bird: Is there anybody else to testify? Nary: Oh, I'm sorry. Is there anyone else here to testify on this item? Any other questions for staff or anyone else? Bird: I have none. Wardle: Mr. President? Nary: Mr. Wardle. Wardle: I move that we close Public Hearing CUP 03-061. Bird: Second. Nary: It's been moved and seconded to close the Public Hearing on CUP 03-061 for Gaudry Dental Office. All those in favor? MOTION CARRIED: ALL AYES Nary: Motion approved. Council, the matter is before you. Discussion or motion? Rountree: Mr. President? Meridian City Council Meeting February 3, 2004 Page 22 of 45 Nary: Mr. Rountree. Rountree: I move that we approve the request CUP 03-061 for Conditional Use Permit for a dental office in an L-O zone for Gaudry Dental Office, to include all staff comments and instruct the City Attorney to prepare appropriate Findings of Facts and Conclusions of Law and Decisions. Bird: Second. Nary: Thank you. It's been moved and seconded for approval of Item 9, CUP 03-061, and for counsel to prepare Findings of Facts and Conclusions of Law for Gaudry Dental Office, pursuant to all staff comments. Mr. Clerk, if you would call the roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 10. Public He-aring: PP 03-040 Request for Preliminary Plat approval of 5 building lots on 3.49 acres in an L-O zone for Financial Plaza Subdivision by Idaho Central Credit Union - 2225 East Overland Road: Nary: Approved. Thank you. Item 10. PP 03-040, request for Preliminary Plat approval of five building lots on 3.49 acres in an L-O zone for Financial Plaza Subdivision by Idaho Central Credit Union at 2225 East Overland Road and we will begin with staff comments. Mrs. Powell. Powell: President Nary, Members of the Council, we go a tad bit north in our vicinity map here and this is also one property that you have seen before. They are coming in now with a five lot subdivision and just to refresh your memory, because I always remember the site plans. This was the Idaho Central Credit Union site plan that they came into Council with the associated drive-thru facility, so they have that conditional use approved, as you will see it sits on the largest lot in their proposed subdivision here. They would propose four additional lots. With the combined access, there is one down here on the approved conditional use. They'd also have a shared access here that would -- I think -- I believe we have required a cross-access easement on all the property. On the site plan for the -- for the bank, we did require cross-access from this drive aisle here as well. The Planning Commission has forwarded this with a recommendation for approval. There was no testimony in opposition to the project or support of the project. It was forwarded to you without any significant changes from staff's initial recommendation, so there are no outstanding issues that we know of before the City Council. I will end staff's presentation. Nary: Council, questions? Rountree: I have none. Meridian City Council Meeting February 3, 2004 Page 23 of 45 Bird: I have none. Nary: Mrs. Powell, just so I understand, the top piece that, I guess, abuts Overland Road, there is no access from Overland into that piece, it's all a cross-access internally; correct? Powell: Correct. There is a significant landscape -- required landscape buffer here and they would all just take access from one another in this area. We have required cross- access at that point. The plat -- it's a little difficult to see, but the plat shows a shared access straddled -- that straddles this property line here. Nary: Yes. I didn't see any driveway access. I just wanted to be sure that I was reading it properly, so thank you. Is the applicant here? I guess they must have liked it. Oh, there. Anderson: Mr. President, Council Members, my name is Gordon Anderson. If you had a group swearing, I guess I must have missed it or something, so -- Nary: That's fine, Mr. Anderson. If you could raise your right hand. Do you swear or affirm the testimony you give this Council is the truth, the whole truth, and nothing but the truth, so help you God? Anderson: Absolutely. Nary: Thank you. Anderson: I'm representing the owner. If you have questions, I can answer it for them, I guess. Nary: Council, any questions? Bird: I have none. Rountree: Mr. President? Nary: Mr. Rountree. Rountree: Mr. Anderson, have you read the conditions -- Anderson: Yes, I have. Rountree: -- submitted by staff and are you in agreement with all of -- Anderson: We are in agreement with the staff. Meridian City Council Meeting February 3, 2004 Page 24 of 45 Rountree: Okay. Thank you. Nary: Thank you. Is there anyone else here to testify on this item? Seeing none, Council, do you have any further questions for staff or the applicant? Okay. Wardle: Mr. President? Nary: Mr. Wardle. Wardle: I move we close Public Hearing PP 03-040. Bird: Second. Nary: It's been moved and seconded to close the Public Hearing on Item 10, the Financial Plaza Subdivision. All those in favor? MOTION CARRIED: ALL AYES Nary: Council, discussion? Motion? Bird: Mr. President? Nary: Mr. Bird. Bird: I'd move that we approve PP 03-040, the request for preliminary plat approval of five building lots on 3.49 acres in an L-O zone for Financial Plaza Subdivision by Idaho Central Credit Union, 2225 East Overland Road. To incorporate all staff and applicant comments and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Rountree: Second. Nary: It's been moved and seconded to a pprove Item 10, PP 03-040, the Financial Plaza Subdivision and for counsel to prepare Findings of Facts and Conclusions of Law, Decision and Order. Mr. Berg, would you call the roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 11. Public Hearing: AZ 03w034 Request for Annexation and Zoning of 11.31 acres from RUT to R-8 and L-O zones for proposed Razzberry Crossing by Carl and Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: Meridian City Council Meeting February 3, 2004 Page 25 of 45 Item 12. Public Hearing: PP 03-039 Request for Preliminary Plat approval of 34 residential building lots, 4 professional office lots and 6 common lots on 11.31 acres in proposed R-S and L-Q zones for proposed Razzberry Crossing by Carl and Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: Item 13. Public Hearing: CUP 03-062 Request for a Conditional Use Permit for a Planned Development containing a mix of residential and professional office uses in proposed R-8 and L-Q zones for proposed Razzberry Crossing by Carl and Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: Nary: Council, if there is no objection, Items 11, 12 and 13 all relate to the same project. I would open all three Public Hearings at the same time for testimony, AZ 03- 034, request for annexation and zoning of 11.31 acres from RUT to R-8 and L-Q zones for proposed Razzberry Crossing by Carl and Bonnie Reiterman, south of East McMillan Road, west of North Locust Grove. Public Hearing PP 03-039, request for preliminary plat approval of 34 residential building lots, four professional office lots, and six common lots on 11.31 acres in a-proposed R-8 and L-Q zones for proposed Razzberry Crossing. Finally, CUP 03-062, request for Conditional Use Permit for a planned developed, containing a mix of residential and professional office uses in proposed R-8 and L-Q zones for the proposed Razzberry Crossing. We can begin with staff comments. Mrs. Powell. Powell: President Nary, Members of the Council, this is located south of McMillan and, then, west of Locust Grove Road. As you can see, it's a very long, narrow piece of property. There is an Ada County sub that are primarily one acre lots or close to it in this area. As you will see down here, Heritage Commons is in this location. The Comprehensive Plan does show a neighborhood center that kind of arcs basically like this or in this area. The Comp Plan does hit a corner of this property as far as being a neighborhood center, mixed-use area. Havasu Creek comes and surrounds the property and that's the light yellow you see here. These properties remain undeveloped. This applicant that owns these two properties has agreed to a combined access on the property and I will show you that. You will see here that this is the combined access that it comes partially onto this property to the south. The property is a light office development. There is one, two, three, four pads. This is out parcel, it's not included as part of the subdivision. There are four light office pads here at the front where the neighborhood center concept kind of clips this property. The remainder of the property has single-family residential lots. There is an open space in this area. It's show up a little better in the landscape plan -- that connects to the Havasu Creek open space on this site. There is also an open space, primarily drainage lot, over here. They have put a fair amount of trees in that and that, again, backs up to Havasu Creek on that side as well. The applicant had several stubs coming into the property, one here, and one here. He's continued those to the south and, again, part of the idea around those neighborhood centers is to have a fairly tight connection of streets where there is a lot of interconnectedness near those areas and so they have complied with that. This Meridian City Council Meeting February 3, 2004 Page 26 of 45 is kind of a stub coming to this property that shares the access. This project has come forward to you with a recommendation for approval from the Planning and Zoning Commission. The applicant's representative Wayne Forrey of Pathway Planners Consulting testified in favor of the application. There were five members of the public that testified expressing concerns regarding the density of the proposed development. The Planning Commission did not make any significant additions or modifications to staff's recommendations. Staff did have some errors in there regarding flood plain issues and those have been corrected. I did want to point out that you also have an inter-office memo from -- well, it's from -- it's from Wendy Kirkpatrick. Her name is not on It, though. It adds two conditions of approval. We noticed that some of the -- that we were lacking a condition of approval or -- that stated that the office needed to come In for detailed condItional use approval. So -- and that's just a standard that we have With the planned developments, that they do need to come back in, but we wanted to clarify that and add that as a condition of approval. That's the first Item. Then, just for the record, for Mr. Forrey, we did notice that some of the parking lot dimensions were not sufficient on that, so we will work with the applicant to make sure that they come in With something that meets the parking design standards. The other Issue was the roadways. The prImary roadway does have a 50 foot right of way. The plat also shows a 42 foot right of way, but, really;-that's just a commercial drive, so we are just concentrating on the 50 foot right of way. It's 29 feet back of curb to back 0 f curb, which, for A CHD, generally, they would allow parking on one side of the street and that was the applicant's intent was just to have parking on one side of the street. The Meridian Fire Department, however, does not allow parking on one side of the street and so they had a condition of approval that it be red curbed and no parking, so there would be no on- street parking, basically, anywhere in the subdivision and the applicant and staff agreed that that was inappropriate. We have asked to add a condItion of approval and that's the second bulleted I tem and, basically, what its ays 1st hat they -- they need to get approval from the Fire Department for parking on at least one side of the street. That you all understand that that may requIre a different street section than the one that's shown on the preliminary plat and that would occur from this point gOing west. The commercial properties, because they all take access from internal drives, could maintain with the no parking and the -- on either side and, then, the street section that they have shown. That is the intent of those two conditions of -- added conditions of approval. I did want to point out one other of thing. On the -- ACHD provided a special recommendation to the City of Meridian asking that you require that the applicant put curb, gutter, sidewalk on this out parcel. They are not able to require that, neither are you. At this point we just wanted to have it on the record that this parcel was not part of the annexation request and is not a part of the plat request either. It will remain a county property until such time that they want to develop. Nary: It's a great idea if you can do that. Powell: Yes. Nary: Doesn't usually work that way. Meridian City Council Meeting February 3,2004 Page 27 of 45 Powell: And with that I will end staffs presentation. Nary: Council, questions for Mrs. Powell? Bird: I have none. Nary: Mrs. Powell, I have noticed that part of the discussion here at the other level was the prior application for this parcel, but I didn't -- I couldn't remember what it looked like and I didn't notice in here what was changed or what was different and I don't know if you have that -- Powell: I don't have it with me, but I can describe. It was called Blooming Meadows. Nary: I remembered that. Powell: It was -- let me get my arrow up here. I lost it. They had used this section here for a park. There was no street. Blooming Meadows suffered from a change of ownership midway through the application and some disagreement -- or some misunderstanding with~r. Johnson to the south here as to whether they would be agreeable to a combined entry. They did not show one -- Mr. Johnson showed up at the hearing and said, well, I would have gone for it. Nobody ever called me. That was -- it wasn't really the applicant's fault, it was the previous owner that had caused the misunderstanding. Then, from about -- from here over to here was a multi-family complex, basically townhouses. They were kind of stripped out this way and I then, two back to back in the center and one over here. It was kind of a very formal, I guess almost H pattern or something like that with the street coming in there. They were served not by a public street, but by just kind of internal access and, then, the remainder of it was single family lots. It wasn't laid out this way, but they were basically the same, they were just single family detached lots, a similar size to Havasu Creek, perhaps a little smaller, and the applicant may be able to give you a better idea on the numbers. I don't remember the exact square footage but it was comparable. Nary: Comparable in density? Powell: Well, the single family was comparable in density. The multi family was much higher density and they switched -- based on a lot of what they heard, they switched to the L-O. The Planning Commission felt that the applicant really did address the concerns that the neighborhood originally expressed about Blooming Meadows. That that was part of their discussion about why they were recommending approval without any changes to staffs recommendations, because they did feel that the applicant addressed those concerns that were originally put forth when Blooming Meadows was before you. Nary: Thank you. All right. Mr. Forrey. Forrey: Thank you. Meridian City Council Meeting February 3, 2004 Page 28 of 45 Nary: And, Mr. Forrey, as I said previously, you have 15 minutes to present your thing. Forrey: Thank you. Mr. President, Members of the Council. My name is Wayne Forrey. The spelling of my last name is Forrey. I was previously sworn in and I will be concise. I'm the owner of Pathway Planners Consulting and my client is Carl and Bonnie Reiterman, who are here tonight, and I do have a very concise presentation, if we could just go to the screen and we will clip right through that. By the way, I was not affiliated with the former project that Anna Powell described, the Blooming Meadows, so I'm not real familiar with it, but it had about double the density of this project. Razzberry is a key in-fill community and I will walk you through this. A little site history. Next. In March of last year there was a pre-application with your planning staff and, then, in April an application was submitted to the city. Then, unfortunately, the property owners had several engineering changes throughout the project. Then, in June of 2003 there was a hearing at the Planning and Zoning Commission level and the Commissioners denied all three applications, the annexation, the Preliminary Plat, and the Conditional Use. It was, as Anna described, it had R-15 zoning and some R-8 zoning and it was, actually, a very poorly designed project and I could see why citizens were upset and the Planning and Zoning Commission was upset. Then, in July it came forward to the City Council and I understand that about halfway through that meeting the representative of the property stood up and said we are going to withdraw this application. I think he understood this project was dying fast and I did not read the City Council minutes, but I was told that the Council had some very serious concerns about this project. The applicant did withdraw those applications. Then, when the -- Carl and Bonnie Reiterman came to me and said what do we do with this piece of property, I asked for the P&Z minutes, to go through and get a sense of the history of this. I noted that there were six occasions when the P&Z Commissioners and citizens asked for a neighborhood meeting and there hadn't been any neighborhood meetings. The Star Lane was a major issue here, because the former project did not make a connection to Locust Grove Road and there were five instances of testimony from the P&Z Commissioners and citizens about you need better connectivity. The neighborhood center came up with the staff, citizens, and zoning commissioners and there were five references to that. There were three items 0 f testimony 0 n light 0 ffice, rather than t he higher density attached residential. Citizens in three comments wanted more sidewalks and that the townhomes were too dense and that came, again, from zoning commissioners and citizens. In summary, from reading the minutes, I could see that the Planning and Zoning Commission wanted R-8, they wanted better access, a mix of lot sizes, and they were acceptable with the office uses, because of the neighborhood center concept. Next. We went back to the drawing board. We started over. We conducted some staff meetings here with your staff. The R eitermans h ired a n experienced engineering and planning team that would stay with them throughout the project. We held two neighborhood meetings. We met with the highway district and irrigation district. We met with adjoining property owners and we incorporated all that prior testimony into creating this new project. Next. Whenever I start a project I like to look at transportation connections. Some people start with a layout first and, then, figure if they are going to connect to their neighbors. I like to just see all the connections that we can make and, Meridian City Council Meeting February 3,2004 Page 29 of 45 then, do a layout. Anna, if you could click again. This, of course, was our major accomplishment. We needed to connect to Star Lane. Next. Here is our second point of access, getting a public street into this property owner here, which is owned by Loni and Brett Johnson. Next. Then we knew that we needed a public street connection here, because up in Havasu Creek there is a public street that is coming south toward this property. Now, there is a property in between here, but some day that connectivity will happen. Next. This is an existing street into the Havasu development. Next. Another stub street coming out of Havasu. Next, again. Then, here is an existing stub street into the back end of Havasu Creek and one more. Then, we -- this is a new stub street coming into another five acre parcel that's here that's owned by Loni and Brett Johnson. So, here we have one, two, three, four, five, six, seven public street connections and that's why this is in-full, to just connect all of this area together. And, then, one more click. There is a park right here in the Havasu Creek and so I knew we needed a micropath connection here to facilitate movement of pedestrians between these neighborhoods. Of course, in the Comprehensive Plan, this is your urban residential designation and here is that neighborhood c enter. That was the basis to start. Next and here is our application. Looking at neighborhood in-fill in this growing area of Meridian, our density here on the residential portion, R-8 zoning here, is 4.19 homes to the acre, with the parks and the connectivity. Two parks. An open space park here centrally located and, then, one back in this area and the office out here to buffer. Next let's look at the office for a moment. In the neighborhood meeting and in the minutes of the Planning and Zoning, it was apparent no one wanted attached multi- family housing in this area. There was some testimony at the P&Z Commission Meeting from the Commissioners and citizens, that office would be a good use. Me personally, as an urban planner, I'm always trying to steer my clients into using professional office when there is conflicts in a neighborhood or when there is arterial or transitional pieces of property, because they make such good neighbors. I have had that experience. I have developed offices myself and lived next to professional offices. Here is our concept with four office pads and with a Conditional Use Permit and the design process that can be a very good neighbor and it complies with your Comprehensive Plan. Next. Here are the types of offices, single story, a residential look, that we would envision on this project. These are the -- these are offices that I have taken photographs of that are next to existing subdivisions. They blend in. They are quiet on the weekend. Typically, you know, 7:00 in the morning until 6:00 at night and they are just wonderful neighbors. Next photo. This is on Locust Grove Road. This is the Walnut Grove project and there is a professional office out front. I think Tahoe Construction is in here and I think a mortgage company and maybe a medical office in there. These are the homes right here. Next. And this is the neighbor I spoke to and he owns this home and here is the back of that office building and I asked him how do you like your neighbor and he said, well, I couldn't have a better neighbor. That's, typically, the response I get when I visit with folks that live next to these offices in these subdivisions, that they do make very good neighbors. Next. I n terms the residential component, we took a P UD approach with a large buffer here to separate the professional office from this area, so you know you have left the small office area and you're now at home. All single family detached. A variety of lot sizes. Our smaller lots are right in here around the park. They are 5,000 square feet. Then, we have lots over 6,000 square feet and some almost 8,000 -- well, Meridian City Council Meeting February 3, 2004 Page 30 of 45 actually, over 8,000 square feet in this area here, It's compatible with the neighborhood. You have good variety. Any of these homes that we show here -- and these are the homes that we showed in our application as well, all of these homes can be built in Razzberry Crossing. Rick McGraw, the owner broker of the Real Estate Group, is going to be marketing this project and these are the home plans that he is envisioning that will be placed. These are definitely a move up market in this neighborhood and we think it's just going to be a very nice addition to the neighborhood. Next. If you could just slowly -- okay. Here are some of the development features. We have got traffic linkages for good in-fill development. We have buffered the residential from Locust Grove with using the office and landscape. Our park is centrally located. We have got a separate drainage area and an open space park. Your ordinance requires ten percent open space. Weare at 12.5 percent. We have got tree lined landscape to beautify the neighborhood, with parking on one side, and on Locust Grove Road, at the neighborhood meeting, the neighbors specifically asked us if we would put a sidewalk in front of the out parcel. Is there a way to show that map again, Anna? Powell: It will take me a moment, but of course. Forrey: Okay. I'd like~ to show the Council -- it's not property that Carl and Bonnie Reiterman own, but out of the neighborhood meeting they specifically said we need more sidewalks in our neighborhood. They said it would be really nice if you could put a sidewalk in front of this piece of property and we have agreed to do that. We met with the Highway District, they it brought up and we said we agree with that. That's, actually, a recommendation that the Highway District has made to the City of Meridian, special condition, and, as we stated at the Planning and Zoning Commission Public Hearing, we have agreed to do that. While Anna has the slide, we are going to have very strong covenants and architectural requirements for design elements. Our minimum home size is 1,400 square feet. The price that these homes will start at will be between 140 to 160 thousand dollars. The professional offices will be one story. We applied for a conceptual planned development on the office portion, so it does have to come back to you, which we wanted to do with a Development Agreement Conditional Use Permit and your design review. Thirty-two percent 0 four lots a re less than 6,000, but 68 percent are greater than 6,000 square feet and a fourth of them are over 7,000. The former project didn't have anything like this. They were just all small lots with the attached multi-family. This out parcel right here, this one acre lot, is owned by Mr. Grasmick, he's not part of the development, but that new public street will come right at the back of his property and see how it ties into this street right here. There is a stub street to the south coming out of the Havasu project. We are going to be placing sidewalk right here on Locust Grove in front of Mr. Grasmick's property, so that sidewalk will go through the portion of the -- Carl and Bonnie's property and Mr. Grasmick's property. When this property develops, then, we will have that last link and so we will have a nice sidewalk through here. As these properties develop, you know, we will get more sidewalk. The other nice thing is with these internal streets coming south and north, we will be able to access up and down, north and south through these neighborhoods without getting out on Locust Grove Road, using local streets, public local streets. Okay. If you can find your way back. I'll just quickly summarize. We do agree with the staff report. We accept the staff Meridian City Council Meeting February 3. 2004 Page 31 of 45 report, the recommendations, and even the two conditions that were brought forward tonight. We were aware of those in talking with your planning staff this afternoon. We request a 47 and a half foot frontage for street frontage, not 40 feet. Our application did state 40 feet, but we were not sure how Meridian measured lot frontages and our corner lots have a straight tangent of 40 feet and, then, there is a curve. In talking with the staff, they measure the curve, as well as the tangent, and so we just need -- we can change that to 47 and a half feet. The Fire Department has asked that we remove the landscape island in the center of the street to give them better access for fire trucks and we agree to do that. Powell: Excuse me, President Nary, Members of the Council. Where is that landscape island, Mr. Forrey? Forrey: It's right in here. Right there. Right in here. It's a very narrow landscape island and the fire department asked that that come out and we are fine with that. If you go to the last -- one more. Next. Okay. We resubmitted the application as the Planning and Zoning suggested we do and the Council, I think, asked the applicant to do. We have come back with all single family detached homes starting at 140 to 160,000. We have got a nice mix of lotS. We have 4.19 dwelling units per acre to fit in with the neighborhood. The Havasu Creek has lots that are the same size as these and so it's very compatible in the neighborhood. We have taken away the rental housing. We have solved the access by getting a road from Star Lane out to Locust Grove. We are putting in extra sidewalks, extensive landscaping, development agreement and Conditional Use Permit review on those professional offices, separated sidewalk, tree-lined landscape, and very nice home sites at a compatible density in the neighborhood. We hope we are on the right track and, hopefully, that's less than 15 minutes. Nary: Just barely. Forrey: Be happy to answer questions. Nary: Council, questions for Mr. Forrey? Bird: I have none. Rountree: Mr. President? Nary: Mr. Rountree. Rountree: Mr. Forrey, you talked about the one park site and [ believe it was Anna that indicated it would tie into an existing park in Havasu. Forrey: Yes. To the north. Rountree: So, there will be a meshing of those two. Is there some difficulty or has that been resolved with the existing homeowners association? Meridian City Council Meeting February 3, 2004 Page 32 of 45 Forrey: We have not -- we have the permission of the developer and the builder, but I have not talked to the homeowners association. I think the developer still controls the majority and we are showing a gate and an opening in the fence here and we are proposing a sidewalk that would come -- actually, it loops through this -- our park and it comes right to that point there. That would be the connection between the two parks and their park sits right in here. Rountree: Thank you. Forrey: Yes. Nary: I guess to follow up to that, Mr. Forrey, have you discussed with your client whether or not a condition of some sort of -- like we do a shared parking agreement. I mean it seems like the same idea if you're trying to make some connection between Havasu Creek and this property, you're going to probably need something more concrete than an opening in the fence. Otherwise, it seems like you're going to have a property dispute constantly. I mean have your clients considered if we were to put a condition requiring that1hey file some sort of shared usage agreement of some sort with us. Forrey: I think we should have that agreement or a condition, because I think that's best for the neighborhood to formalize that. Absolutely. Nary: Council, any other questions for Mr. Forrey? Bird: I have none. Nary: All right. Mr. Forrey, thank you very much. That was just under 15 minutes. That was great. Powell: Mr. President? Nary: Mrs. Powell. Powell: I was wondering if Mr. Nichols could clarify on -- if the applicant is volunteering to build a sidewalk on an out parcel, can we make that a condition of approval? There have been other instances where developers have volunteered to do off-site improvements -- and I'm not trying to imply that this group would do that. It's just we have run into this concern before, that the project gets sold or goes into bankruptcy or unforeseen circumstances occur. Because they are not conditions of approval, even though it was the understanding of the Council that that would occur, they haven't gotten done and I forget the name of the subdivision where it's currently happening, but we were wondering if that could be made a condition of approval or if it should remain off. Mendian City Council Meeting February 3, 2004 Page 33 of 45 Nary: Mr. Nichols. Nichols: Mr. President, Members of the Council. Typically, these conditions -- the difficulty with them is that they don't have the owner consent, and as long as it -- you know, the owner's consent is obtained, then, they can build it. I mean it's a permissive activity. It probably improves the value of that neighbor's property and does, in this case, solve issues in terms of pedestrian safety along Locust Grove that's a concern for people in the area. If you could make a condition, the condition would be contingent upon receiving approval from that neighbor. If the neighbor said no, then, there is the frustration of that condition and the developer doesn't have to do it in order to get his final approvals. Nary: Mr. Nichols, I guess in that vein, would it be appropriate if this Council felt that was significant reason to approve this project. Again, I don't know if that's the case, but if they were, that they require the developer provide a written authorization or some other type of agreement as part of this project, so that we don't run into that problem later where it may change owners or something else. There is some agreement that can be recorded that's part of this approval, so that we know it will happen, whether it's this developer or someother future owner, if that were to occur. Is that something that's feasible to do? Nichols: Mr. President, Members of the Council, I think it could be included as a condition of the plat approval, that before submitting the Final Plat that they have the requisite easements or other written evidence of permission to install the sidewalk, curb, and gutter. Nary: Thank you. Powell: President Nary, Members of the Council? Nary: Yes. Powell: Also, for the benefit of the public that's here, we recently had an application come into the Planning and Zoning Commission and had a Public Hearing on the property just north of Heritage Subdivision and at that we heard similar testimony about the needs for sidewalks, given that there is an elementary school in this location here. After that hearing one of my staff members did ask permission to spend some time to work with the property owners to gain transportation enhancement funds to build that sidewalk -- or neighborhood enhancement funds from ACHD to build that sidewalk on there. I just wanted to let the neighbors know that the -- that you did spark some interest in trying tog et that sidewalk t here and we will - - somebody probably will be contacting them at some point in the future to try and work on that. Nary: Thank you, Mrs. Powell. We will take the testimony of people that are in favor of the -- unless you want to answer just this one thing, Mr. Forrey. You have 30 seconds left, so if you want to answer this one thing before we get the rest of them. Meridian City Council Meeting February 3, 2004 Page 34 of 45 Forrey: Yes. Thank you, Mr. President, Members of the Council. There is no need for easement or owner permission, it's within right of way. That's in the staff report from ACHD that there is sufficient right of way in front of that property to put in the sidewalk. No additional fee simple property required, It's part of the recommendation from ACHO to the City of Meridian as a special condition and we agreed to that special condition. Nary: Thank you, Mr. Forrey. We will take testimony from those that are in favor of the application first. The next one on this is Carl Reiterman. Okay. Bonnie Reiterman. All right. Also listed on here Rick McGraw. I can't read the name below that. Is that you, ma'am? Okay. There is a B rent Clayborne. Okay. Any of you wish to testify at this time? A II right. Now, we will take testimony from t hose that are against -- is there anyone else that is in favor of this application? All right. Now, we have those that are listed as against -- opposed to this application. The first person on our sign-up list is Gerald Clark. Mr. Clark. I'm sorry, sir. Did you wish to come testify? Okay. Next one listed is Mike Ingram. Ingram: He's going to let me go first. Nary: Okay. That's certainly fine. You must be Terri Ingram. Ingram: I am. Nary: All right. Ingram: Occasionally, he can be such a gentleman. Good evening. As stated, I am here against this development. I -- this has been badly planned. Nary: Name and address, please. Ingram: Oh, I'm sorry. Terri Ingram. Nary: Thank you. Ingram: I have been sworn in. My address is 4320 North Locust Grove. I live directly across the street from the entrance to this subdivision on the corner of Star Lane and Locust Grove. Nary: Thank you. Ingram: And as stated, I am against this development as it is proposed to you tonight. A couple of items that I really wanted to bring up, because little things like this will make me nuts. Previous ownership did not change. What changed in the first application was engineering. The other item was stated that in the first Council meeting the applicant stood up and volunteered to withdraw the application. I was there that night. The applicant was required to withdraw the application. Like I said, little facts like that make Meridian City Council Meeting February 3, 2004 Page 35 of 45 me crazy. From that meeting I would quote Council President Nary in -- on July 1, 2003. He said -- and I quote: You need to listen to these people. That's why we have a neighborhood meeting process, so you listen to people, not for you to just tell them what you want to do, but you listen to them and what they'd like to have. Compromise and communication is what we are talking about. End quote. Well, every so-called compromise this developer makes compounds the problem and, if I remember my schooling correctly, communication requires a sender and a receiver. We keep sending the message, but the receiver is either not listening or turned off. My feeling really is that the developers of this property are just trying to wait us out and wait until we get tired of arguing and I will be honest and tell you that that's probably a good plan. However, my husband argues louder than I do, so I have learned to argue longer. I'm here tonight to address my five essential areas of concern. The first one is the access at Star Lane. Mr. Forrey stated earlier that the neighbors requested the street connection at Star Lane and there were five instances of comment at the P&Z meeting. I have read those notes. Four 0 f those instances 0 f comment were from the P &Z staff and 0 ne was from the property owner to the south. Actually, if you could go back one. That would be this property right here. He requested -- he also wanted that entrance at Star Lane. We just got notification in the mail this week that he is developing his property also and he just announced his intention to develop that property. That neighboring property also -- I'm sorry. It's a late night and I'm nervous -- already has access to Star Lane at this line here. There is a street there, I believe the name of it is Heron Crossing. Thirty-second warning? Oh. Excuse me. I would ask that if they need -- ACHD requests Star Lane connection, at the mid block would be preferable, which would be Heron Crossing. That would also be open to future traffic signaling where they could possibly put in a light and a crosswalk for the children. The crosswalk that has been offered is to the north -- the schools that we are concerned about are right here. We'd like access for the kids to get to the schools and across Locust Grove there. That's alii have to say. Thank you. Nary: Thank you. Mr. Ingram. M. Ingram: Mr. President, Members of the Council, for the record my name is Mike Ingram. I also live at 4320 North Locust Grove. I am here also to speak against this project. I still have a lot of concerns with this project. One of the things that we have tried to address with them in the neighborhood meetings was the property values. They have stated that they are 140 to 160,000 dollar range. I took it upon myself, after the P&Z meeting -- if you could go back to this slide, please? Home styles on this -- Powell: I will, sir. It will take me a moment to get there, so you might want to continue with your testimony. M. Ingram: Okay. He has compared them and made the parallels to Heritage Commons, which is the development to the south. While I still don't a gree with the density, because it doesn't fit with the existing area, Havasu Creek is an R-4, we are at R-1 and the developments around it, while Heritage Commons is at an R-8, I'd still like to see these rural areas developed at a little lesser density. Let's see here. ] went and found the addresses. This one here is at 1013 Legacy View and the value on that one, Meridian City Council Meeting February 3, 2004 Page 36 of 45 which has sold -- no. Excuse me. It's still currently for sale -- is 229,400 dollars. This one, the red one in the center, is at 3642 Hollymount, which has sold, I believe, and sold for 255,900. The other one that I draw your attention to is this one, which is also on Hollymount, the address is 3940 Hollymount, which sold for 229,900 dollars. I would like to see, if it's going to be developed in the current figuration, I would like to see the property values comparable with Heritage Commons, as he has used that has his comparables. I would also like to reiterate there already is a connection -- can I go back to that map, please? As my wife already stated, at Heron Crossing and since it is under contract now through Wardle and Associates. I don't know if that's related -- Nary: Different Wardle. M. Ingram: Different Wardle? Wardle and Associates to develop that property. That is at the half mile park, which would, then, be able to be signaled and other things. It would take the traffic off of Star Lane and Paradise and offer a little better connectivity -- I was hoping that the two property owners, that now that it's under contract, could work together to provide that connectivity, rather than at Star Lane. We have -- we live on a 50 mile an hour two lane road with no sidewalks. Thank you. Nary: Council, questions for Mr. Ingram? Bird: I have none. Nary: Mr. Ingram, if I could be just a little clearer to what your concern is. You don't want -- basically, you want the road that -- the entranceway to this property to be offset from Star Lane, so that there is no through way connection? M. I ngram: Correct. Nary: Is that right? M. Ingram: If you look at the thing -- it does not come straight in there anyway, it curves into this property with a stub right here. The entrance to it is right here and ACHD has testified that they will not signal or put any kind of traffic control devices, stop signs, otherwise, unless they are closer to the mid block. This connection right here is exactly at a half mile and it would take the traffic flow off of here and here. Nary: Okay. Thank you. M. Ingram: Thank you. Nary: Wyoma Ham. Did I say that even close to correct? Ham: I wasn't sworn in. I was missing in action. Meridian City Council Meeting February 3, 2004 Page 37 of 45 Nary: Oh, that's all right. Would you, please, raise your right hand. Is the testimony you give the truth, the whole truth, and nothing but the truth, so help you God? Ham: Yes. Nary: Thank you. Could you state your name and spell your last for the record, please? Ham: My name is Wyoma Ham, and I live at 4415 North Locust Grove Road on the north side of this home -- I don't know how to work this thing. I will try to. Our property is this piece of property right here. There is a road that comes here and there is a road that comes here, but if it went in my backyard, it would separate my house from my shop. At this point in time we have no intention of ever selling or developing that, so it's not going to be something that's going to be available for an out-crossing or crossing for the subdivision. I mean it's a nice idea, but it's still blue sky right now, because I checked before I came down here in my safe and still have my deeded property that it's paid for and so far there is no intent to do that. That's all I have to say. You know, it's not something that's going to happen, not in anytime soon, I'm sure. That's all I have to say. Thank you. Nary: Council, any questions for Mrs. Ham? Bird: No. Nary: Okay. Matt Brown. Matt Brown? No? Okay. Is there anyone else that wishes to testify in opposition to this project? Sir, would you step forward. Thorne: My name is Marv Thorne and I have been sworn. Nary: Have you been sworn? Okay. Thorne: Last name is Thorne. Get the little light here. I live -- let's see, where is Paradise Lane? Is this it here? Right here. I live about right there. I have lived there since 1981 and, of course, a lot of the area has developed since 1981. We like the way the zoning is right now. That's why we moved there. That's why a lot of the people are out there. I really don't care for the mixed use idea. That might be somebody's -- might enjoy that, but -- and I wonder how that has really worked in the -- around the City of Meridian, how you guys -- have you been happy with that. I don't like the higher density. I don't think that brings any assets to the properties there, to me, or to anybody else. Or to the city. It does to the developer, but not to us. I'm definitely against the increased density and the mixed use. I know your little arc is at the corner, but, to me, that doesn't give, you know, open rights to come in with professional offices and t he mixed use. That's your decision, but it is our -- your city. I'm on the edge of it. Any questions? Nary: Council, any questions for Mr. Thorne? Thank you, sir. Does anyone else wish to testify? Sir. Meridian City Council Meeting February 3, 2004 Page 38 of 45 McGraw: My name is Rick McGraw, at 3090 Gentry Way. The photographs that Wayne showed in our presentation, he made the comment there that all of the homes that were shown in those photographs would fit on those size of lots. That was the point we were trying to make. As far as the prices go, based on the cost of the cost development and the cost of the land and the build out of the homes starting at a minimum of 1,400 square feet. The prices starting between 140 and 160 are exactly where we would have to be, by the time we get that kind of a price of t he lot under us, t hat much square footage on the ground in a style that we plan with our ACC and our CC&Rs, our prices - - there is just no way to get under 140 to 160. I just wanted to make the comment that those prices are consistent with the market and what we intend to do. Okay? Powell: Mr. Nary, I believe Mr. McGraw did not get sworn in. Nary: Oh. McGraw: Sorry. I was here, but I didn't raise my hand. Nary: Oh. McGraw: Good call, Anna. Nary: Well, thank you. Mr. McGraw, is the testimony that you have given the truth, the whole truth, and nothing but the truth, so help you God? McGraw: Yes, sir. Nary: Thank you very much. Thank you, Mrs. Powell. Anyone else wish to testify on this project? Powell: Mr. President, I did wish to apologize to the Reitermans about the former owners. I sometimes get applicants and owners confused, so I'm sorry about that. I didn't mean to imply that they had done wrong previously, so I apologize. Nary: Mr. Forrey, can you sum up your rebuttal in three minutes? Forrey: Yes, sir. Thank you, Mr. President, Members of the Council. For the record, again, Wayne Forrey. Let me just address some of the comments that were provided by some of the property owners nearby. Mrs. Ingram's comment. We did listen to neighbors, read through the minutes, understood what the citizens and the P&Z was saying. Star Lane. There were two citizens that testified that they wanted Star Lane to make the connection. Plus ACHD, city staff, and Planning and Zoning Commission members. Professional office was testified that that would be better than the apartments, which we made that change. The neighbors asked us to lower the density from that first project. We cut it more half. We are 4.19 units to the acre. Havasu Creek has lots the same size. They are a planned unit development also. I think they have R-4 Meridian City Council Meeting February 3, 2004 Page 39 of 45 zoning, but they developed to an R-8 type standard. It's very compatible with the projects to the north and the south. The sidewalk -- the neighbors did ask specifically for the sidewalk in front of the Grasmick property, because of the L-shaped -- of the Reitermans wraps around that and they don't have a lot of frontage on Locust Grove, which we agreed to do. To Mr. Ingram's comment, Mr. McGraw, Rick McGraw did talk about the pricing of this product and it would go up from those numbers that I gave you. Again, I would just reiterate that the highway district and the city, as well as property owners, wanted Star Lane to make the connection and that's why we incorporated that into this new plan. Regarding Mrs. Ham's comment, it's just good planning to have those stub streets and I realize we are not dictating that that road would go through her property, that would be her decision if. When they develop or change the use, then, that would be an opportunity to get that road to connect, but it's only good planning to do that, to make those stub connections. Again, ACHD asked us to do that in those initial meetings that we conducted with them. To Mr. Thorne's comments, when I moved to Boise in 1978, I bought a similar piece of property, because that was the standard 25 years ago was an acre lot with a well and a septic system and we were way out in the country, but Meridian is growing now. Here we are 25 years later and the standards are different. This is an urbanizing area in your Comprehensive Plan. I do sympathize with folks:'I~have been in that same situation and -- but this is an urbanizing area, it's a neighborhood in transition, and we are trying really hard to blend in and comply with your Comprehensive Plan. Be happy to answer any other questions. Nary: Council, any other questions for Mr. Forrey? Rountree: I have none. Nary: Mr. Forrey, I guess I was a little curious and I agree partly with what you said on the planning issue, but it appears from what was -- the testimony from Mrs. Ham, both of these stub streets enter her current -- enter her property? Is that what I understood? Forrey: This one is in Havasu Creek. Nary: Oh. Forrey: And it exists today. Nary: Just that one. Forrey: Her property is here and it's this one stub street here. Nary: Okay. Forrey: So, she has a current stub street coming In on her north side and we are proposing to come through here on her south. Nary: I got it. Okay. That was just my confusion, then. Thank you. Meridian City Council Meeting February 3,2004 Page 40 of 45 Wardle: Mr. President? Nary: Mr. Wardle. Wardle: Mr. Forrey, I also have a question. You will be building the sidewalk here in the right 0 f way. That, effectively, removes a ny access 0 f this property from Locust Grove, so they would access from this new stub street; is that correct? Forrey: He would still have his curb cut right here into this rental house. Right there. Wardle: Okay. Nary: I think that's all the questions, Mr. Forrey. Forrey: Thank you. Nary: Council, do you have any other questions for staff before we close the Public Hearing? Okay. Is there any other information you would be seeking or did you want to close these Public Hearings on all three items or -- Rountree: Mr. President? Nary: Mr. Rountree. Rountree: I move that we close the Public Hearings for Items 11, 12, and 13, AZ 03- 034, PP 03-039, and CUP 03-062. Bird: Second. Nary: It's been moved and seconded to close the public hearings on Items 11, 12 and 13. All those in favor? MOTION CARRI ED: ALL AYES Nary: Council, discussion or motion? What's your preference? Bird: Mr. President? Nary: Mr. Bird. Bird: Before I make a motion, I agree with some of the against testimony, that I believe that we are getting way too much R-8 and R-15 back in there. I don't like -- when we were just all R-4's, I like the variety, but -- and I understand why everybody wants R-8's, I mean if I can get an extra lot out of every acre or two, I would be there, too, as a developer, because it costs a lot to develop -- to develop the land. I'm quite familiar with Meridian City Council Meeting February 3, 2004 Page 41 of 45 the n with the subdivision across the road there on Star Lane and stuff. I have had quite a few friends that live out there and those one acre lots are nice. I think with the L- o office that this is kind of making a buffer zone to them, but I don't know if we are getting a buffer zone to Havasu and some of those R-4 subdivisions around there. Evidently, they didn't have anybody in here complaining about that, so with that I would make a motion that we approve AZ 03-034. The request for annexation and zoning of 11.31 acres from RUT to R-8 and L-O zones for proposed Razzberry Crossing by Carl and Bonnie Reiterman. South of East McMillan Road and west of North Locust Grove Road, incorporate Planning and Zoning, staff, Commission, applicant testimonies, public testimonies, for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Wardle: Second. Nary: It's been moved and seconded to approve Item 11, AZ 03-034, the request for annexation and zoning of 11.31 acres for Razzberry Crossing. Is there further discussion? Rountree: I have none:- Nary: Mr. Clerk, would you, please, call the roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye MOTION CARRIED: ALL AYES. Nary: Item 12. Bird: Mr. President? Nary: Mr. Bird. Bird: I would move that we approve PP 03-039, the request for Preliminary Plat approval of 34 residential building lots and four professional office lots and six common lots on 11.31 acres in proposed R-8 and L-O zones for the proposed Razzberry Crossing by Carl and Bonnie R eiterman. South 0 fEast McMillan Road and west 0 f North Locust Grove Road -- and this is where we need to incorporate agreement on that opening between the -- between the two parks, between Havasu. Also, the removal of the island as per Fire Department and this also is where -- the Preliminary Plat, I believe, is where we would have the sidewalks, which, I guess, we don't have to put them in, because they are already in the right of way on the other deal, so n Rountree: Including the special provisions of ACHD. Bird: What? Meridian City Councll Meeting February 3. 2004 Page 42 of 45 Rountree: Including the special provisions of ACHD. Bird: Including the special provisions of ACHD and to incorporate Planning and Zoning Commission, Planning and Zoning staff, applicant testimonies, and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Rountree: Second. Powell: Mr. President, did the maker of the motion also wish to include the reduced frontage from -- instead of 40 feet, at 47 and a half feet? Bird: Yes. Yes. I'm sorry. I didn't have -- that's right. Powell: And also did the maker of the motion also wish to include the one regarding the parking on one side of the street? Bird: That's Fire Department comments, isn't it? The requirements of -- Powell: No. The one that I handed you on the memo regarding -- right now they are saying no parking at all. Bird: Oh. Yes. Okay. Yes. I agree with that, with the memo. Powell: Thank you, sir. Nary: The second agree? Rountree: I agree with that. Nary: Okay. It's been moved and seconded for approval of PP 03-039, the request for Preliminary Plat approval of 34 residential building lots, four professional offices, six common lots for proposed Razzberry Crossing, to include all staff comments, including the additional conditions as stated by the motion. Is there further discussion? I will take a moment to -- I agree with Mr. Bird as to what he said at the initial outset of Razzberry Crossing. I think this is an improvement. There is always going to be some disagreement and there is always a rub when you're talking about this transition that you're having from rural to a more dense type of development, but I think overall this is still a very positive project and there is a lot more enhancement that's existent now than we ever saw in the past. I would concur with that. If there is no other comments, Mr. Berg, would you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES. Nary: Finally, Item 13. Meridian City Council Meeting February 3, 2004 Page 43 of 45 Bird: Mr. President? Nary: Mr. Bird. Bird: I'd move that we approve CUP 03-062, the request for a Conditional Use Permit for a planned development containing a mixed residential and professional office uses in proposed R-8 and L-O zones for the proposed Razzberry Crossing by Carl and Bonnie Reiterman. South of East McMillan Road and west of North Locust Grove Road and this one we need to add a condition for the approval of site specific comment Number 5, stating light office development will require detailed conditional use approval to the findings. To incorporated Planning and Zoning Commission, Planning and Zoning staff, and applicant and public hearing comments, and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Rountree: Second. Nary: It's been moved and seconded for the approval of CUP 03-062, the request for Conditional Use Perm"it"ior the planned development for Razzberry Crossing, including the additional condition as stated by the maker of the motion. Is there any further discussion? Hearing none, Mr. Berg, would you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 14. Water, Sewer, & Trash Delinquencies: Nary: Now, Item 14, our current water, sewer, trash delinquencies. This is to inform all of you in writing that if you so choose you have the right to a pre-termination hearing at 7:30 p.m., Tuesday, February 3rd, or thereafter, it's approximately 9:00 p.m., before the Mayor and the City Council to appear in person to be judged on the facts and to defend the claim made by the city that your water, sewer, and trash bill is delinquent. You may retain counsel. Your service will be discontinued on or about February 4, 2004, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? Hearing none, it says that you are hereby informed that you may appeal and have the decision of the city reviewed by the Fourth Judicial District Court pursuant to the Idaho State Code. Even though there is an appeal, the water will be still shut off. The amount of the turn-off on this list is $23,120.22. This is our schedule for February 4, 2004, cycle two. Council, you have the list before you. Mr. Bird? Bird: Mr. President, I move that we approve the turn off on water and sewer and trash delinquency. The turn off will be on February 4, 2004, unless payment is received in full. The sum of the delinquency is $23,120.22. Meridian City Council Meeting February 3, 2004 Page 44 of 45 Rountree: Second. Nary: It's been moved and seconded to approve the turn-off list for February 4, 2004. I can't remember, Mr. Berg, do we do this by roll? All those in favor? MOTION CARRIED: ALL AYES Item 15. EXECUTIVE SESSION: Nary: And we are now on Item 15. Bird: Mr. President? Nary: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1 )(c). Rountree: Second. Nary: It's been moved and seconded to go into Executive Session pursuant to Idaho Code 67-2345, subsection (1)(c). Mr. Berg, would you, please, call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES. (Enter into Executive Session) (Return from Executive Session) Nary: We're back on the record. I guess we need a motion to leave Executive Session. Rountree: So moved. Bird: Second. Nary: It's been moved and seconded to leave Executive Session. All those in favor. MOTION CARRIED: ALL AYES Nary: And we can now have a motion to adjourn. No decisions were made In Executive Session. Wardle: Mr. President. Nary: Mr. Wardle. Meridian City Council Meeting February 3, 2004 Page 45 of 45 Wardle: I move that we adjourn. Rountree: Second. Nary: It's been moved and seconded to adjourn this meeting. All those in favor. We adjourned at 9:44. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 9:44 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: :2 I 2+/ tJ4- DATE ATTESTED: January 31 , 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT February 3, 2004 ITEM NO. 5L- REQUEST Bear Creek Restroom Project: Request for Extension of Contract by Haemker General Contracting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ ~;f (\1J! $~ .D~r)JiJ '\\.. .-' L' \'- <...-' oJN \..;1'-""' ----.{i \ <-V \ '/ U~-; . \ Q.. o\l "~O- rin:rfr r, Z/5/0lf- -\j'J ~\... ~^.' A'O "-0 'y"'i' ~1'-''V. o. \) . t! .\.. _,,~ ~lJ"r --10 0- (}1((lJY IJ< 0- ~ ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the CIty of Meridian. / ( , , Meridian Parks & Recreation Memo RECEIVED To: From: Date: Re: Will Berg f\ () Doug Strong ~ January 30, 2004 Consent Agenda Item JAN 30 2004 City Of !vlericlian City Clerk Office The Parks Staff is requesting the approval of an additional contract extension for the Bear Creek Restroom Project to go before the City Council under the consent agenda items prior to the February 13, 2004 current deadline extension date. The request for an additional extension is due to the following: · Special Order Items on back order · Weather Conditions for pouring concrete See Attached Letter: Request for Extension of Contract Time from Haemker General Contracting, James Haemker. ( HGC HAEMKER GENERAL CONTRACTING 622 SO. POWERLlNE ROAD - NAMPA IDAHO 83686 Phone 208371 - 6457 - Fax 208 467 - 7480 January 28, 2004 City of Meridian 33 East Ida ho Meridian Id 83642 Attention: Project~~anager Project: Bear Creek Restroom Subject: Request for extension of contract time H.G.C. is requesting a time extension of 30 days to complete project. Project delay due to the following: · Weather conditions · Material delays (special orders) Contract date: 10/15/03 Contract completion date: 12/29/03 Requested extension of contract date: 3/14/04 HAEMKER GENERAL CONTRACTING CO rJMWA /N/-k JAM ES HAEM KER Meridian City Council Meeting February 3, 2004 Page 2 of 45 Item 4. Adoption of the Agenda: Nary: Chaplain, thank you very much for joining us this evening. The next item is Item 4, adoption of the agenda. Bird: Mr. President? Nary: Mr. Bird. Bird: One addition to the agenda I'd like to add is Item Number 15, which will be an Executive Session as per 67-2345(1 )(c), Idaho Code, and with that I would move that we approve the revised agenda. Rountree: Second. Nary: It's been moved and seconded to approve the agenda with one additional item added, Item 15, an Executive Session. All those in favor say aye. Opposed? MOTION CARRIED: AtL AYES Item 5. Consent Agenda: A. Approve minutes of January 13, 2004 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 03- 030 Request for Annexation and Zoning of 2.8 acres from R-6 to L- o and C-G zones for proposed Southern Springs Subdivision No.2 by The Land Group, Inc. - south of East Overland Road and east of South Meridian Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03- 036 Request for Preliminary Plat approval of 5 commercial building lots on 2.8 acres in proposed L-O and C-G zones for proposed Southern Springs Subdivision No. 2 by The Land Group, Inc. - south of East Overland Road and east of South Meridian Road: L. Bear Creek Restroom Project: Request for Extension of Contract by Haemker General Contracting M. Approve Bills: Nary: Okay. Item 5, the Consent Agenda. Bird: Mr. President? Meridian City Council Meeting February 3, 2004 Page 3 of 45 Nary: Mr. Bird. Bird: The Consent Agenda, we have some items we need to move to the regular agenda. Items Bj C, F, G, H, I, J and K would be moved to 7 B, C, F, G, H, I, J, K, and the rest of the items would remain on the Consent Agenda and I move we approve the Consent Agenda. Rountree: Second. Nary: It's been moved and seconded to approve the Consent Agenda, which now, basically, contains Items 5 A, D, E, Land M. All those in favor? Oh, I'm sorry. Roll call. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 6. Department Reports: A. Parks and Recreation Department - Doug Strong 1. Draft Aareement between Adventure Island Playground Organization and the City of Meridian: Nary: Item 6, Department Reports. Mr. Strong. Strong: Mr. President, Members of the Council, as you recall, this is an item that you heard earlier in an earlier Council meeting that we are bringing back to you tonight with some changes to the agreement with Adventure Island Playground and I think I will pass the explanation of whafs been added off to Mr. Nichols for explanation. Nichols: Mr. President, Members of the Council, I looked at the -- I read through the minutes again of the last meeting where this was discussed and attempted to address concerns of the Council in the memorandum. I can -- I apologize that this wasn't a red lined copy to where you could easily see where those changes were, but just to review the changes, on page one we have added Mrs. Lindig's name as a -- in the first portion there, so that it's clearly identified as coordinated by her. I have also referred to the campaign as an unincorporated volunteer organization. We have added under conditions on page two, subparagraph OJ which requires the maintenance of a trust account for the receipt of collected cash donations, of which was something that was identified last time. I recharacterized what had been called indemnification as a volunteer labor-waiver of claims clause, because that more accurately reflected what it really was. Those were the primary changes that I made in this agreement. I, again, looked at the discussion and I -- that was what I gleaned from it. There was some discussion about making the agreement shorter or perhaps taking some things out, but when I looked at how this was going to work, I couldn't see how we could take those out, so this is what we came up with. January 31. 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT February 3, 2004 ITEM NO. REQUEST Approve Bills AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publiC meetIngs shall become property of the City of Meridian. January 31 , 2004 Department Reports MERIDIAN CITY COUNCIL MEETING February 3, 2004 APPLICANT City Council Member - Bill Nary ITEM NO. REQUEST Discussion of City Council Meeting Agenda Format 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: IV - ill; tll)JS 5~ ' lr' ~ ~ tJi5()fr , ~1iJ"1r,tl ~V Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridIan. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CSHQA FOR A VARIANCE FOR PARKING OF 46 STALLS WITH 13 DIAGONAL ON STREET PARKING STALLS IN AN OT ZONE FOR FARMERS AND MERCHANTS STATE BANK, LOCATED AT 703 NORTH MAIN STREET, MERIDIAN, IDAHO C/C 01/20/04 Revised per C/C 02/03/04 ) ) ) ) ) ) ) ) ) ) ) ) V AR-03-021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on January 20,2004, and Brad Hawkins-Clark Assistant Planner for the Planning and Zoning Department, Craig Slocum, Ed Zimmerman, and Terry Amos, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-021 FARMERS AND MERCHANTS STATE BANK PAGE 1 OF 10 thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382 and Maps. 2. The requirements ofIdaho Code SS 67-6509,6516 and Meridian City Code SS 11-15- 5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is CSHQA whose address is 250 South 5th Street, Boise, Idaho. 4. The owner of the property is Farmers and Merchants State Bank whose address is 5238 Fairview Ave, Boise, Idaho. 5. The location of the subject property is presently located on the north side of Broadway Ave. between Meridian Road and Main Street, physical address is 703 North Main Street, Meridian, Idaho within a present OT (Old Town) zone. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description and Vicinity Map appear in the record of proceeds of this matter, and which are on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as OT (Old Town), and which subject property presently has an existing bank and a vacant lot. 8. The proposed land use of subject property is to develop the subject property in the following manner: new bank facility with drive through banking. 9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V AlliANCE / V AR-03-021 FARMERS AND MERCHANTS STATE BANK PAGE 2 OF 10 City Code, S 11-13-5.B.2, Schedule of Parking Space Requirements - Commercial, and in the OT zone, which provides as follows: II-I3-S.B.2 Commercial: TYPE OF USE PARKING SPACE REQUIRED 2. Commercial: Banks, financial institutions and similar uses 1 for each 200 sq. ft. of gross floor area Clinic (medical, dental, optical) and veterinary animal hospital or clinic I for each 200 sq. ft. of gross floor area of examination, treating room, office, and waiting room Department store. - I for each 400 sq. ft. of gross floor area Drive-in establishment 5 reserved spaces per customer Service window Mortuaries 1 for every 3 seats, plus 1 parking space for each funeral vehicle kept on the premises Professional offices 1 for each 400 sq. ft. of gross floor area Retail stores 1 for each 200 sq. ft. of gross floor area Sales (automotive, mobile home, Travel trailers, farm implements) 1/3 of the sales lot for designated customer parking Service station and motor vehicle repair (major or minor) 2 for each service bay 11. All property owners within three hundred feet (300') ofthe external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-021 FARMERS AND MERCHANTS STATE BANK PAGE 3 OF 10 12. The applicant, CSHQA, is requesting a variance from MCC 11-13-5.B.2, Schedule of Parking Space Requirements - Commercial, which requires banks, financial institutions, or similar uses to provide parking space as follows: I space for each 200 sq. ft. of gross floor area. 13. The Applicant is requesting a variance from section l1-13-5.B.2 of the MCC to be able to run concurrently with the conditional use permit request for a new 16,000 sq. ft. full service bank building with three drive through teller lanes. The site accommodated the required number of parking stalls for the original 7,344 sq. ft. structure, but the revised plan does not meet parking requirements based on the larger structure. The proposed revised bank building is 16,000 sq. ft. of that area, 1,500 sq. ft. is uninhabitable mechanical and storage space in the basement, leaving 14,500 sq. ft. gross floor area of habitable space. Ordinance requires 1 off- street parking space per 200 sq. ft. of gross floor area, for a total of73 spaces. The proposed site plan shows 46 off-street parking stalls, 11 of which are on the existing Farmers & Merchants site. There are also 13 diagonal on-street parking spaces proposed on Broadway Avenue adjacent to the project, for a total of 59 stalls. If the existing structure remains, the 11 spaces would not be built leaving a total of 48 spaces, 35 of which are off-street. 14. Strict application of the ordinance would require the applicant to build a smaller building in order to meet parking requirements. However, the smaller building is of a design more compatible with an office park development, than a downtown. The larger building is more compatible with existing historic structures downtown and is more closely aligned with the current vision for downtown structures. Requiring the applicant to construct a smaller building would not set the desirable precedent for building design in the downtown area. Therefore, the strict FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-021 FARMERS AND MERCHANTS STATE BANK PAGE 4 OF 10 application of the parking standard makes the provIslOns of this Title impracticable and unreasonable. 15. As addressed above in number 14, it is found that strict compliance with the City's parking schedule in this area of downtown would not be of benefit to the City, the surrounding property owners or the applicant. The Comprehensive Plan, page 99, envisions Old Town as the "true community center....In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized." Requiring additional surface parking is not in harmony with the intended pedestrian-oriented nature of downtown. For additional goals related to Old Town, see Goals 2 and 3 on pages 40-41 of the Comprehensive Plan. MCC 11-17-3.B requires that the proposed development plan be harmonious with the goals of the Comprehensive Plan. It is found that strict compliance to the MCC 11-13-5.B.2 would inhibit the broader objectives of the Comprehensive Plan. In addition, it is highly likely that some of the building will be leased as professional office space, not associated with the ban1e Parking requirements for professional offices are half of that required for the bank. While it is currently unknown how much of the space will be in non-bank office uses, it is fair to say that all such users will reduce the required parking on site. 16. It is found that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. In fact, construction of the larger building should have FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-021 FARMERS AND MERCHANTS STATE BANK PAGE 5 OF 10 the effect of enhancing property in the area and spur additional redevelopment. 17. It is found that the issuance of a variance to the parking schedule for Farmers & Merchants Bank will not have the effect of altering the purpose and interest of the Zoning Ordinance. The Old Town area is identifiable and separate from other zoning districts in the City and warrants special consideration in light of the goals of the Comprehensive Plan. 18. The applicant paid the fee established by the City Council for a variance application. 19. The applicant shall be required to comply with the Ada County Highway District report dated January 21,2004, as follows: The ACHD acted on MCUP-03-050 - Farmers & Merchants State Bank. The conditions and requirements also apply to MV AR-03-021. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions ofIdaho Code S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509,6516 and Meridian City Code Ss 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code S 11-18-2, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-021 FARMERS AND MERCHANTS STATE BANK PAGE 6 OF 10 and the findings which are required are set forth in Meridian City Code 9 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, ~ 11-13-5.B.2, Schedule of Parking Space Requirements - Commercial, and in the OT zone provides as follows: 11-13-5.B.2 Commercial: TYPE OF USE PARKING SPACE REQUIRED 2. Commercial: Banks, financial institutions and similar uses 1 for each 200 sq. ft. of gross floor area Clinic (medical, dental, optical) and veterinary animal hospital or clinic 1 for each 200 sq. ft. of gross floor area of examination, treating room, office, and waiting room FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-021 FARMERS AND MERCHANTS STATE BANK PAGE 7 OF 10 Department store 1 for each 400 sq. ft. of gross floor area Drive-in establishment 5 reserved spaces per customer Service window Mortuaries 1 for every 3 seats, plus 1 parking space for each funeral vehicle kept on the premises Professional offices 1 for each 400 sq. ft. of gross floor area Retail stores I for each 200 sq. ft. of gross floor area Sales (automotive, mobile home, Travel trailers, farm implements) 1/3 of the sales lot for designated customer parking Service station and motor vehicle repair (major or minor) 2 for each service bay DECISION AND ORDER NOW~ THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance for parking of 46 stalls with 13 diagonal on-street parking stalls in the OT zone for Farmers and Merchants State Bank, and the Applicant shall also comply with the Ada County Highway District's report dated January 21, 2004 as follows: The Ada County Highway District acted on MCUP-03-050 for Farmers & Merchants State Bank, and the conditions and requirements also apply to the Variance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-021 FARMERS AND MERCHANTS STATE BANK 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) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 30:: day h6rvu:"-'7~ ROLL CALL: of , 2004. COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED ~ COUNCILMAN KEITH BIRD FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-021 FARMERS AND MERCHANTS STATE BANK PAGE 9 OF 10 MAYORTAMMYdeWEERD (TIE BREAKE~ J 4- DATED: Z- -0 VOTED - MOTION: \/ APPROVED: A f DISAPPROVED: - & ~ " ..... '\~ 0 .:: ~'o 'e, 15\ . - ~ .f -;.. :.<7 ~. ... -;.. -, ^ ~~. ...... ........,,/// ....DU~,rr'( . ~ ,\,,,,, I',j, -.. \", I.'. r, L I~ i\ 1\' Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. Attest: By: dI~fr~Sl City Clerk Dated: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-021 FARMERS AND MERCHANTS STATE BANK PAGE 10 OF 10 ~CEIVE JAN 3 C 2004 City OfMeridiau Cit;yClerk Office BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR SOUTHERN SPRINGS SUBDIVISION NO.2 FOR 5 COiVIMERCIAL BUILDING LOTS ON 2.8 ACRES IN AN L-O AND C-G ZONES, MERIDIAN, IDAHO BY: THE LAND GROUP, INC., APPLICANT CIC 0 I 120/04 ) ) ) ) ) ) ) ) ) ) ) Case No. PP-03-036 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly [or public hearing be[ore the City COllllcil on Jalluary 20,2004, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and David Koga, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark Principal City Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part o C the record 0 r this matter the recommendati on to Ci ty COll ncil 0 f the PI anni ng and Zoni ng COlllmission and the applicant having submitted the "PRELIMINARY PLAT SOUTHERN SPRINGS NO.2 SUBDIVISION LOCATED IN A PORTION OF THE NWl/4 OF THE NW]/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2003, Project Number: 03097, Designed By: ***, Dr8wI1 By: RTH, Checked By: MRL, Issue Date: 10-8-03, Sheet Title: PRE-PLAT, Sheet Number PP-l, SOUTHERN FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHERN SPRINGS SUBDIVISION NO.2 1 (PP-03-036) PAGE 1 OF ]4 SRPINGS NO.2 SUBDIVISION MERIDIAN, IDAHO, ROGER MICHENER & LA WRENCE ROSS ~ DEVELOPER, THE LAND GROUP, INC. - ENGINEER," Roger Michener and Lawrence Ross. Developer, submitted l'or preliminary plat approval ancl, which preliminary plat for approval application is herein received and adjudged by the City COllncil pursuanl to Meridian City Code S ] 2-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT I. That the proposed development is in conformance with thc Amended Comprehensivepran by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned L-O and C-G, and requires connection to the Municipal Water and Sewer System. [Meridian City Code ~ 11-7-2 G and K] 2. The preliminary plat is in conformance with the Amended Comprehensi ve Plan Ci ty of Meridian adopted August 6, 2002, Resol u lion No. 02.382, The proposed office and commercia! lots are in compliance with the land use policies and future land use classification, Medium Density Residential, as noted on the Future Land Use Ivlap. 3. The applicant has requested Preliminary Plat approval for 2.8 acres of L. o and C.G loned property tar five (5) commercial building lots. The parcel is zoned R. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPRO V AL OF PRELIMINARY PLAT SOUTHERN SPRINGS SUBDrVISON NO.2 I (PP-03-036) PAGE 2 OF 14 6 in Ada County. They are proposing a split zone ofL-O and C-G, with all of the L-O lots being proposed adjacent to existing residential uses and the C-G lots adjacent to the first phase of Southern Springs (existing C-G zoning). The applicant also req uests preliminary plat approval of the 2.8 acre parcel to subdivide the lanel into five (5) ]ots- t\VO commercial lots and three office lots. Ten Mile Creek is contiguous to the west boundary and a 29-foot wide private street (within a 42-foot right-oF-way) is proposeelto connect this subdivision with Southern Springs No. I (including a new bridge across Ten Mile Creek). 4. It is founel that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Medium Density Residential." However, because the applicant is proposing transitional buffers/uses anel because many of the allowed uses in an R-8 zone are ofa similar intensity as those uses allowed in the L-O zone, it is found the subdivision to be in substantial compliance with the Plan. 5. It is found that public services are readily available to the lots within the proposed subdivision, provided changes as many be required by the Public Works and Building Depanments are made. The developer is proposing to utilize the existing sewer trunk line adjacent to Tell Mil e Creek. In accord,lI1ce wi tl1 COll1prehensi ve Plan po I icy #12 (pg. 79) and policy #2 (pg. 107), it is found that the number of vehicular access points to Meridian Road/SH 69 should be restricted anel comply with ITD policies in order to preserve the capacity anel movement on the roadway at bui tel-out. FLNDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROY AL OF PRELINUNAR Y PLAT SOUTHERN SPRINGS SUBDIVISON NO.2 / (PP-03-036) PAGE 3 OF 14 ( 6. It is found that the subdivision is in conformance with nnd will not negatively impact the capital improvement funds. 7. It is found that the development will not require major expenditures Cor supporting services. The developer will fund and construct the maj ori ty 0 f the supporting services. 8. It is fonnd as long as the developer complies with all regulatory agency standards, 110 henlth, safety or environmental problems are anticipated by this development. 9. It is found that the Ten Mile Drain is a scenic feature of major importance. 10. The applicant has submitted for considerntion of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT SOUTHERN SPRINGS NO.2 SUBOIVISION LOCATED IN A PORTION OF THE NW1/4 OF THE NW] /4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2003, Project Number: 03097, Designed By: ***, Drawn By: RTH, Checked By: MRL, Issue Date: 10-8-03, Sheet Title: PRE-PLAT, Sheet Number PP-l, SOUTHERN SRPTNGS NO.2 SUBDIVISION MERIDIAN, IDAHO, ROGER MICHENER & LAWRENCE ROSS - DEVELOPER, THE LAND GROUP, INC. - ENGINEER," DECISION AND ORDER FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROY AL OF PRELIMINAR Y PLAT SOUTHERN SPRINGS SUBDIVISON NO.2 / (PP-03-036) PAGE 4 OF 14 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 TI-IIS DOES ORDER I. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT SOUTHERN SPRINGS NO.2 SUBDIVISION LOCATED IN A PORTION OF THE NW1/4 OF THE NW 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2003, Project Number: 03097, Designed By: ***, Drawn By: RTH, Checked By: MRL, Issue Date: 10-8-03, Sheet Title: PRE-PLAT, Sheet Number PP-I, SOUTHERN SRPINGS NO.2 SUBDIVISION MERIDIAN, IDAHO, ROGER MICHENER & LAWRENCE ROSS - DEVELOPER, THE LAND GROUP, INC. ~ ENGINEER," Roger Michener and Lawrence Ross, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as amended by the Commission as follows: PRELIMINARY PLAT SITE SPECIFIC COMMENTS I. Sanitary sewer service to this site \vill be from main line extensions (l'om the Ten Mile Trunk adjacent to the \vest of tile project. The applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer 111 ains w i11 not b e allowed with in landscape areas, beneath landscape islands, and manholes will not be allowed in parking and loading areas. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHERN SPRINGS SUBDIVISON NO.2 / (PP-03-036) PAGE 5 OF 14 ( \ 2. Water service to this site will be from main line extensions "rol11 existing waler mains in E. Overland Road, and from Southern Springs No.1. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms 0 f easements, for any mains that are required to provide service. 3. Construct a vehicular bridge across the Ten Mi Ie Creek in the location shown on the Preliminary Plat. The bridge shall be designed with a minimum 29-foot wide street section and sidewalks. If an approved emergency vehicle turnaround or fire apparatus road is not available on the west side ofTen Mile Creek at the time of construction of Southern Springs Subdivision No.2, a temporary turnaround shall be constructed on either Lot 3 or 4 of Southern Springs NO.2. Said turnaround shall be approved by the Meridian Fire Department prior to signature on the final plat, if reg ui red. (NOTE: The developer is hereby informed that cut-through traffic between Overland Road and Meridian Road/SH 69 using the proposed bridge is a concern of the City and ACHD. The City will review the future site layout oCtile northern halfofSouthem Springs NO.1 with this concern in mind. For example, internal driveways and building placements must discourage cut-through traffic between Meridian Road/SH 69 and Overland Road.) 4. Per MCC 12-13-10-4, construct a minimum 25-foot wide street buffer along Overland Road and a minirnum 20-foot wide b1.1ffer adjacent to the east and south boundaries. All required street buffers shall be located beyond any future right-of- way. The Southern Springs Business Association shall maintain the Overland Road landscape easement. 5. All landscape buffers shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. 6. Per tvICC 11-2-2, "Local Streets", a perpetual vehicular cross access easement shaH be provided to all lots within the subdivision and with the parcel to the west (approved as Southel1l Spri ngs Subd i vi si on No.1) for use of the pri vate street. Said easement shall be shO\vn as a note on the flllal plat for Southern Springs No.2. An express, perpetual vehicular cross access easement shall be recorded in the Ada County Recorder's Office with the parcel to the west prior to the City Engineer's signature on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELlMINAR Y P LA T SOUTHERN SPRINGS SUBDIVISON NO.2 / (PP-03-036) PAGE 6 OF 14 7. Construct the private street to the minimum ACHD design standards and comply vvith any ACHD requirements for Southern Springs No.2. The private street shall be signed as "No Parking" on both sides of the road. No gates or other obstructions of the private street are permitted. 8. Construct a left-turning bay at the intersection of Overland Road and the private street, designed to ITE (Institute of Transportation Engineers) specifications. The design of the bay shall factor in projected trip generation from Southern Springs No. ] . 9. The Preliminary Plat (Sheet PP-l, dated 10-8-03, by The Land Group) shall be revised as follows: a. Label the private street with an approved street name; b. Clarify if the two large trees located on Lot 1 are to be retained or removed. c. Label "Ten Mile Creek." 10. A detailed fencing and landscape plan, in compliance with MCC 12-] 3, shall be submitted with the final plat application. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. A d minage plan designed by a State of Idaho licensed architect or engineer is t'equ ired and shall be submitted to the Ci ty Engineer (Ord. 557, 10-1-9]) for all 0 [[- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog 01' Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. ] 3. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period oHime not to exceed 24 hours for all storms up to and including a lOO-year storm event. Side slopes within drainage areas shall not exceed 3: 1. FINDINGS OF F ACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHERN SPRINGS SUBDIVJSON NO.2 J (PP-03-036) PAGE 7 OF ]4 14. The applicant has indicated that Nampa & Meridian Irrigation District will o\\'n and maintain the pressure irrigation system within this development. The City of' Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Ifa creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature all the final plat by the Meridian City Engineer, 15. A vehicular cross-access easement shall be required between Lots 2 and 3 and between Lots 4 and 5, Block 1. Said easement shall be noted on the final plat. PRELIMINARY PLAT GENERAL REQUIREMENTS I. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conf'orm. 2. Coordinate fire hydrant placement with the City of' Meridian Public 'Narks Department. 3. Assessment fees for water and sewer service are determined during the building plan review process. 4. Two-hundred-fifty-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections ancl/or fire hydrants. 5. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting. crossing or lying adjacent and contiguous to the area being subdivided shall be ti led per City Ordinance 12-4-13. The ditches to be piped should be shown 011 the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of'saie! approval submitted to the Public Works Department. 7. Show all existing and proposed easements for irrigation/drainage facilities located FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHERN SPRINGS SUBDIVISON NO.2 I (PP-03-036) PAGE 8 OF 14 within the boundaries of this proposed development. 8. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1 -4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 10. All constructi on shall conform to the reg ui remcnts 0 f the A mericans wi th Disabilities Act. B. Adopt the Recommendations of ACHD as follows: The applicant shall coordinate with ACHD (Traffic staff, Design staff and Development staff) for the dedication of additional right-of-way if required for the reconstruction of the intersection of Overland Road and Meridian Road. The right- of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that timc (currently Ordi nance # 197), i r funds are avai lable. 2 If the City of Meridian approves the private road, the applicanl shall construct the private roadway intersecting Overland Road approximately 374-fecl \Vcst oCCountry Terrace (measured from centerline to centerline) and approximately 431-feet east of Meridian Road (measured centerline to centerline) as proposed. The applicant shall be required to pave the private roadway a minimum of20 to 24- feet wide and at least 30-feet into the site beyond the edge of pavement of Overland Road and install pavement tapers with I 5 -foot curb radii a bu tting t he existing roadway edge ifnot existing. The appIicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of20 MPH and a maximum intersection approach grade of2% for at least 40- feet. FINDfNGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHERN SPRINGS SUBDIVISON NO.2 I (PP-03-036) PAGE 9 OF 14 Street name and stop signs are required for the pri vate road. The signs may be ordered through the District Verification of the correct, approved name of the road is required. ACHD does not make any assurances that the private road, which is n p8rt 01' this application, will be accepted as a public road ifsuch a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: · Dedicate a minimum of 50-feet of right-of-way for the road. e Construct the roadway to the minimum ACHD requirements. · C?~struct a stub street to the surrounding parcels. 3 The applicant shall be required to provide the District with a parking lot plan that provides and includes measures to prevent cut through traffic from Meridian Rand to Overland Road if the northern driveway location is approved by the Idaho Transportation Department and prior to the District signing the final plat. 4 In lieu of constructing improvements, the applicant shall be required to provide a deposit to the Public Rights-of- Way Trust Fund for the cost of constructing a 5- foot wide concrete sidewalk abutting the parcel on Overland Road for any portion of frontage that is not currently improved. ($20.00 per L.F.) Coordinate with District Development staff for the footage and amount of the road trust deposit 5 Other than the access point(s) specifically approved with this application, direct lot or parcel access to Overland Road is prohibited. Lot access restrictions, as required wi th this app lication, shall be stated on the final p I at. 6 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation faci I i ties shall be rei ocated outside of the ri ght-o f-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROY AL OF PRELIMINARY PLAT SOUTHERN SPRINGS SUBDIVISON NO.2! (PP-03-036) PAGE 10 OF 14 ) All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387.6280 (wi th fi Ie num bel') for dctai Is. 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 supp lements, 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 pem1its), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the respollsibl1ity ofthe applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shal I contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHERN SPRINGS SUBDIVTSON NO.2 I (PP-03-036) PAGE II OF 14 II. Any change by the applicant in the planned use of the property which IS the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or otherregulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject propeliy unless a waiver/variance of said requirements or other lega I rei ief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. The District requires a Land Use Change Application to be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District]s Ten Mile Drain courses along the western boundary of this proposed pl'OjCCl. This disement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 3. AU municipal surface drainage must be retained on si te. If any surJ~lee drainage leaves the site] the District must review drainage plans. 4. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Central District Healtb Department as follows: 1. This proposal can be approved for central sewage & central water after written approval [rom appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHERN SPRINGS SUBDIVISON NO.2 / (PP-03-036) PAGE 12 OF 14 5. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for st01l11water disposal and design a storm water management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of Sanitary Service as follows: I. Sanitary Service has no comments presently, but when the waste enclosures are sited and details are submitted, then Sanitary Service wi II make their comments if necessary. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAIGNGS 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 or Meridian, pursuant to Idaho Code 9 67-652 I . An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek;) judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ,F.e6ru CVL-J. ' 2004. 3Y~ --"-day of FINDINGS OF fACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITfONAL APPROV AL OF PRELlMINAR Y PLAT SOUTHERN SPRINGS SUBDIVLSON NO.2 / (PP-03-036) PAGE 13 OF 14 ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ VOTED~ VOTED~ VOTED~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNC[LMAN KETIH BIRD MA YOR TAMMY de WEERD (TIE BREA1(ER) VOTED -- Attest: ?: $' .... FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHERN SPRINGS SUBDIVISON NO.2 / (PP-03-036) PAGE 14 OF 14 January 31 , 2004 MERIDIAN CITY COUNCIL MEETING APPUCANT The Land Group, inc. PP 03-036 February 3, 2004 ITEM NO. S'- E REQUEST Findings - Request for Preliminaty Plat approval of 5 commercial building lots on 2.8 acres in proposed L-O and C-G zones for proposed Southern Springs Subdivision No.2 - south of East Overland Road and east of South Meridian 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: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings wrr~ Contacted: Emailed: Date: I;;; J /0 L1 Phone: Ct.s c; .-' 4 (j 6{ ( , 9 - Staff Initials: ~9./ meetings shall become property of the Ci 0 Meridian. BEFORE THE MERIDIAN CITY COUNCIL C/C 0 I /20/04 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 2.8 ACRES FOR ) PROPOSED SOUTHERN SPRINGS ) SUBDIVISION NO.2, ) ) THE LAND GROUP, INC., ) APPLICANT ) Case No. AZ-03-030 FINDINGS OF FACT AND CONCLUSIONS OF LA WAND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on 1'01' public hearing on January 20,2004, at the hour of7:00 p.m., and Brad Hawkins-Clark Planner III lor thc Planning and Zoning Department, and David Koga, appeared and tcsti fied, and the City Counci I 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 I. There has been compliance with all notice and hearing requirements set forth in Idaho Code 99 67-6509 and 67-6511, and Meridian City Code 99 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codi lied at Titles 11 and 12. Meridian City Code, and all CUITent zoning maps thereoC, and the Amended Comprehensive Plan of the City ofMericlian adopted August 6,2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLlCA TION FOR ANNEXA TlON AND ZONING FOR SOUTHERN SPRINGS SUBDIVISION NO.2 - (AZ-03-030) PAGE 1 OF 13 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 2.8 acres in size and is located east of the southeast corner of Overland Road and SH69//Meridian Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The parcel of land is contiguous to the existing city limits of the City of Meridian. 5. The owners oCrecord of the subject property are Patrick and Judi Thacker, and they have provided notarized consent for submission of the applications. The applicant is Thc Land Group, Inc. 6. The property is presently zoned R-6 and consists of a single family residence and six (6) out-buildings. 7. The Applicant requests the property be zoned as L-O (3 building lots) and C-G (2 bu i ldi ng lots). 8. The subject property is bordered to the north by an ACHD drainage lot and a single family residence; to the south by Country Terrace and Running Brook ESlates Subdivisions; to the east by Country Terrace Subdivision; and to the west by Southern Springs No. I (zoned C-G). 9. The Applicant proposes to develop the subject property in the following manner: a live (5) lot commercial subdivision. 10. The Applicant requests zoning ofthe subject real properly as L.O and C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map, as noted in the FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR SOUTHERN SPRINGS SUBDIVISION NO.2 - (AZ-03-030) PAGE 2 OF 13 Staffreport. The Future Land Use Map designates the subject property as Ivledium Density Residential. 11. The Mile Drain is a scenic feature of major Importance that affects the consideration of this appl ication. 12. The City Council recognizes the support of John Outhet, as long as the conditions are met, in his letter stamped RECEIVED DEe -42003 CITY OF MERIDIAN, and the support letter from A. John Gaige and Neta E. Gaige as per the conditions in the neighborhood meeting. 13. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expcnsc upon the pu blic if the following cond i tions of development are i mposecl: A. Adopt the Recommendations of the Meridian Platll1lng & Zoning Department as follows: I. Essential City services can be made available to the subject property. 2. All future development on said property shall comply with the City of Meridian ordi nances in effect at the time of appl ication. 3. Remove any existing domestic wells and/or septic systems within this project from their domestic servi ce, per City Ordi nance Section 5-7-517, when servi ces are available from the City of Meridian. Wells may be L1sed for non-domestic purposes such as landscape liTigation. B. Adopt the Recommendations of Ada County Highway District as follows: 1. Comply with the ACHD report dated November 25,2003, including the Site Specific Conditions of Approval and the Standard Conditions of Approvdl, of \vhich The Land Group, Inc. was givell a copyofthe report by the ACHD. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR SOUTHERN SPRINGS SUBDIVISION NO.2 - (AZ.03-030) PAGE 3 OF 13 C. Adopt the action ofthe City Council taken at their January 20, 2004 meeting as follows: For clari fication: I. The developers are still going through the process for approval with ACHD pertaining to the two accesses addressed in the Wamlllty Deed. ] 4. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Medium Density ResidentiaL" While the Comprehensive Plan Future Land Use Map does not explicitly support the proposed zone change, it is found that there is a strong argument for saying that the Comprehensive Plan text policies d 0 support the proposed rezone. A key component of this argument is the relative flexibility of Meridian's Comprehensive Plan as described in Chapter r, SectionB. and Chapter VII-2, Section C of the Comprehensive Plan. While the proposed zone change does not explicitly comply with the Comprehensive Plan Land Use Map, it is found that the proposed zone change does fit with the existing and anticipated development patterns of the surrounding area and it would be appropriate to extend the non-residential designation to this property. Since 2001, both the P & Z Commission and Ci ty Cou nc i I have appro ved sim i I ar rczoncs where the Future Land Use Map designation did not directly correlate with the proposed zoning district and a Comprehensive Plan Amendment application was not required. The future retail buildings in Southern Springs No. I, directly west of the subject property, are designated as "Commercial" in the Comprehensive Plan and all of the land on the north side of Overland Road is also designated as "Commercia!." The applicant has indicated that they met with the four of the five adjoining property owners and they were generally supportive of the office use. It is found that the proposed rezone 0 f a small parcel located 0 n a 111 ajar a rterial a nd adjacent top roperty zoned Commercial, meets the intent of the Comprehensi ve P Ian for the future development ofthe area. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR SOUTHERN SPRINGS SUBDIVISION NO.2 - (AZ-03-030) PAGE 4 OF 13 It is also found that the following 2002 Comprehensive Plan text policies to be applicable: · Chapter VII, Goal I, Obj. B, #5 · Chapter VII, GoaJ IV, Obj. A, #6 · Chapter IV, Goal I, Obj. A, #6 . Chapter V, Goal I, Obj. A · Chapter V, Goal I, Obj. A, #1 I 15. The general vicinity of this project has experienced a rapid change from agricultural and low density residential uses to commercial/urban type development in the last three years. Thc ACHO Park & Ride Lot, Gold's Gym, Southern Springs No.1 and the widening orOvcrlancl Road to five lanes are examples of the increased urbanization in the immediate area. Ifis found that a rczone of the proposed property would be compati b Ie wi th other lancluse and raci I i ty changes in [he area. 16. No specific uses are proposed with this application. Certain permitted uses in the C- G zone such as bus stations, outdoor entertainment uses, wholesale facilities and service stations, could have a negative impact on the existing residential uses to the north and south. However, given the property size, such intensive uses are unlikely to occur. The existing single family residence on the north side 0 I' Overland Road is designated as "Commercial" in the comprehensi ve plan. It is found that any futurc uses, i [' designed, constructed and operated in accordance with adoptcd city ordinances and standards, should be harmonious and appropriate in appearance with the existing character of the vicinity. 17. It is found that the majority of future uses on the subject property will not be hazardous or disturbing to existing or future neighboring uses if all development andlalldscaping FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR SOUTHERN SPRINGS SUBDIVISION NO.2 - (AZ-03-030) PAGE 5 OF 13 ordinances are exercised. The proposed L-O zone and professional office uses abutting the east and south boundaries are intended to mitigate any disturbances. i8. It is found that the recent improvements to Overland Road and the planned intersect ion ex pansion at Overland and M erid i an Roads wi II hand Ie thc add i tiona I tra ffic gcncnlted by future development. Sanitary sewer and water are either currently available or under constructioll to provide service to the area. Public services and facilities appear to be adequate to service this property. 19. It is found that this development will not cause excessive additional requirements at public cost. The proposed street providing access to the site is private and funded by the developer. The Ten Mile Trunk is already constructed. Other required site improvements will be funded and constructed by the developer. It is also found that the annexation and zoning alone will not be detrimental to the community's economic welfare. 20. It is Cound that several of the allowed uses in the C -G lonc may involve activities. processes, materials, eq u ipment or conditions that could prod uce excessi ve ti'<l Hie anclnoi sc and have other public impacts. However, MCC 11-12-2 and 11-12-3 are intended to mitigate impacts ofsomc uses such as fire hazards, bulk storage, and contractor's yards. The allowed uses in the L-Q zOlle are generally limited to residential compatible uses. The application references the L-O lots as being an "8 to 5" office development. 21. It is found that any future uses will impact the level and flow of traffic on the surrounding streets. Specific traffic counts will be determined at the time of development applications on each lot. ACHD included a "Special Notification" to the City of Meridian in their FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTlNG APPLlCA TION FOR ANNEXATION AND ZONING FOR SOUTHERN SPRINGS SUBDIVISrON NO.2 - (AZ-03-030) PAGE 6 OF 13 staff report regarding the configuration of the proposed private street and potential cut-through tranic to Meridian Road/SH 69. District staff is concerned about the bridge crossing causing a negative impact on the Southern Springs No.1 businesses. (Refer to ACHD report on page 5.) City staff believes the benefits of constructing a bridge and providing intercotmectivity between the two phases for outweighs the potential negative impacts of cut through traffic to Meridian Road/SH 69. Since a final site plan with building locations for Southern Springs No. I has not been determined or approved, it is difficult to analyze orjustify a cut through concern between the two projects. The City believes there to be insufficient evidence to require a relocation of the Ten Mile Creek crossing within the Southern Springs No.2 plat. The City does have the ability during building permit reviews to prevent a "straight shot" from Southern Springs No.2 to Southern Springs No.1. The developer is hereby given notice that the cut through traffic between Overland and Meridian Roads is a concern of the City and ACHD and that the future site layout of the northern half of Southern Springs No. I will need to address this concern. 22. It is found that the annexation alone will not result in the destruction, loss or damage of natural or scenic features. Building placenlents and stormwater run-offwill need to be designed to protect the Ten Mile Creek. ')" --' . It is found that the annexation of this property would be in the best interest oftl1e City for the following reasons: · Increased commercial land base; · Increased property tax revenue; · Municipal services are available to the area; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATlON FOR ANNEXATION AND ZONING FOR SOUTHERN SPRINGS SUBDIVISION NO.2 - (AZ-03-030) PAGE 7 OF 13 · Application substantially complies with the Comprehensive Plan. 24. The Ten Mile Drain is a scenic feature of major importance. 25. It is found that the annexation of this property would be in the best interest of the City. 26. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 13, and all sub-pans, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 27. It is also found that the development considerations as referenced in Finding No. 13 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed Lise will not change the essential character oflhe affected vicinity and willlnsure that the proposed uses will not be hazardous or disturbing to the cxisting, or future neighboring uses, pmiicularly considering the impact of proposed developmcnt on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LA W I. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code ~ll-16 provides the City may annex real property that is within the FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR SOUTHERN SPRINGS SUBDIVISION NO.2 - (AZ-03-030) PAGE 8 OF 13 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", codi fied at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. 4. The zoning of (L-O) Limited Office and (C-G) General Retail and Service Commercial District is defined in the Zoning Ordinance at * 11-7-2 G and K as follows: (L-O) Limited Office District: The purpose of the L-O District is to pennit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heaving testing operations of any kind or product manufacturing of sllch a nature to crcate noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. AND (C-G) General Retail And Service Commercial District: The purpose of the C-G District is to provide for cOl1lmercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact ofproposecl commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need oftrave]-relatecl services as well as retail sales for the transient and permanent motoring public. All sllch districts shall be connected to the Municipal water and sewer systems 0 f the Ci ty, and shall not consti tute strip commerc i al cleve lopment ancl encourage clustering of commercia] development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation onand. See Burt vs. The City of Idaho Falls, 105 FINDfNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXATION AND ZONING FOR SOUTHERN SPRINGS SUBDfYISION NO.2 - (AZ-03-030) PAGE 9 OF 13 Idaho 65, 665 P2d 1075 (1983). 7. Thc dcvelopment of the annexed land, if annexed, shall mcet and comply wi lh the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains 10 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 tile Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if sllch is required by the City. DECISION AND ORDER NO\V, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: I. The applicant's request for annexation and zoning of approximately 2.8 acres to Limited Office (L-O) and General Retail and Service Commercial (C-G), is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of2.8 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 cond i tions herei n are not met by the Developer that the property shall be subject to de-annexati on, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR SOUTHERN SPRINGS SUBDIVISION NO.2 - (AZ-03-030) PAGE 10 OF 13 with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. Essential City services can be made available to the subject property. 2. All future development on said property shall comply with the City of Meridian ordinances in effect at the time of application. 3. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes sLLch as landscape irrigation. B. Adopt the Recommendations of Ada County Highway District as follows: L. Comply with the ACHD report dated November 25,2003, including the Site Specific Conditions_of Approval and the Standard Conditions of Approval, of which The Land Group, Inc. was given a copy of the report by the ACHD. C. Adopt the action of the City Council taken at their January 20,2004 meeting as follows: For clarification: 1. The developers are still going through the process for approval with ACED pertaining to the two accesses addressed in the Warranty Deed. 4. The City Attoll1ey shall prepare for consideration by the City Counci I the appropriate ordinance for the annexation and zoning designation of the real property which is the sLLbject of the application to (L-O) Limited Office District and (C-G) General Retail and Service Commercial ,lilt! Meridian City Code 9 II-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff ofthe Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 9 11-21-1 in accordance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR SOUTHERN SPRINGS SUBDIVISION NO.2 - (AZ-03-030) PAGE 11 OF 13 with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code 9.6]-6521 an affected person is a persall who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who l1lLlY within t\vcnty-eight (28) days after the date of this dccision and order seek a judiciLlI rcvic\v as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the --7 rL .;;- ~ day of -r- V 669<'6><"7 ' 2004. ROLLCALLO ~~fGL~~ COUNCILMAN SHAUN WARDLE VOTED~-L.. COUNCILMAN BILL NARY VOTED*L/ COUNCILMAN CHARLIE ROUNTREE VOTEO~ COUNCILMAN KEITH BIRD VOTEO*cc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA TrON FOR ANNEXATION AND ZONING FOR SOUTHERN SPRINGS SUBDIVISrON NO.2 - (AZ-03-030) PAGE 12 OF 13 MA YOR TAMMY de WEERD (TIE BREAKER) DATED: 2--3-04- VOTED MOTION: APPROVED:~ DISAPPROVED: ~ Attest: ByJiA~,4--~~ated t~3~t?4- City Clerk ." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR SOUTHERN SPRINGS SUBDIVISION NO.2 - (AZ.03-030) PAGE 13 OF 13 R1r:1 .hi E Jt\N 3 r 2004 City Of Meridian City Clerk Office WI-lITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS JULIE KLEIN FISCHllR WM. F. GlGRAY, [H T.GUYHALLAM' JILL HOLlNKA WILLIAM A. MORROW WILLIAM F. NICHOLS* ell RISTO PH ER S. NYE PHILIP A. PETERSON ERICA S. PHI LLI PS ERIC S. ROSSMAN TODD A. ROSSMAN TERRENCll R. WH ITE" NICHOLAS L. WOLLEN ArrORNEYSATLAw NAMPA OFFICE 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83653.8402 TEL. (208) 466-9272 FAX (208) 466-4405 *Also admitted in OR ** Also admitted in WA January 29,2004 William G. Berg, Jr., City CIerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: THE LAND GROUP, INC. / ANNEXATlON AND ZONING FINDINGS / AZ ORDINANCE & CERTlFICATlON OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-03-030 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of January 20,2004, and which are on an upcoming Council agenda. Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the alUlexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application 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 alUlexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Z:\Work\M\Meridian\Meridian I 5360M'Southern Springs Sub No.2 AZ.03-030 PP.03-o36\FFCL and ORD and SUM ORD Clerk Ltr 0] 2904.doc January 31, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT The Land Group, inc. AZ 03-030 February 3, 2004 ITEM NO. REQUEST Findings - Request for annexation and zoning of 2.8 acres from R-6 to L-O and C-G zones for proposed Southem Springs Subdivision No.2 - south of East Overland Road and east of South Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings Contacted: Emailed: ~ Dale: -O~ P~):Sj- . (), taft Initials: etin~s shall become property of the City of ~ ian. '~ \ \ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A NEW BANK FACILITY WITH DRIVE UP TELLERS IN AN OT ZONE FOR FARMERS AND MERCHANTS ST ATE BANK, LOCATED AT 703 NORTH MAIN STREET, MERIDIAN, IDAHO CSHQA, APPLICANT CIC 01/20/04 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-0S0 FINDINGS OF FACT AND CONCLUSIONS OF LA WAND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on January 20,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Assistant City Planner for the Planning 8nd Zoning Department. Craig Slocum, Ed Zimmerman, and Terry Amos, appenrcd and testi lied, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings 01' Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL llSEPERMIT PAGE 1 OF 25 FINDINGS OF FACT 1. A notice ofa public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 20,2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers ofrecord within three hundred feet (300') ofthe external boundaries of the property under consideration more than fi fteen (15) days prlor to said hearing and wi th the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City COllllcil at the Jalluary 20, 2004 public hcarings; and the applicant, alfected properly owners, and government subdivisions providing services within the planningjuriscliction ol'the City of Meridian, having been given full opportunity to express comments and submit evidcncc. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code *67-6509, 6512, and Meridian City Code s* 11-] 5-5 and 11-17-5 as evidenced by the A ffidavit of Mai I ing, and the A fftdavit of Publ ication and Proof of Posti ng fi led with the sta ff repmt. 3. This proposed development request is in the OT zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City ("ounei I on this application. 4. The property is located on the north side of Broadw8Y Ave. between Meridian Road and Main Street, physical address is 703 North Main Street, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PER1\1IT PAGE 2 OF 25 5. The owner of record of the subject property is Fanners & Merchants State Bank, 5238 Fairvicw Ave., Boise, Idaho and they havc given their consent for the applicant to submit the requested conditional use permit. 6. Applicant is CSHQA, 250 S. 5th Street, Boise, Idaho. 7. The subject property is currently zoned OT (Old Town District). The zoning district ofOT is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a ne\v bank with a drive through in an OT zone for Farmers and Merchants State Bank. The OT zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use pcrmit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section] 1-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Old Town. 10. The use proposed within the subject application will in facL constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERiVlIT PAGE 3 OF 25 services required by the proposed development will not impose expense upon the pub I ic i C the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planningjurisdiction of the City ofIvleridian, subject to the following: A. Adopt the Recommendations of the P Ianni ng and Zoning and Engineering staff as modified by the Planning & Zoning Commission, as follows: I. The building and site improvements shall be constructed per the approved plans submittcd with the revised application. 2. The applicant shall submit a Variance application for parking to accompany this application to the City Counc.iLhearing. 3. Shift the striping for the on-street parking in front of the proposed building approximately 9 feet west. 4. Wall signs are approved as submitted on the revised building elevations. Two freestanding signs will be allowed for the project-the existing Farmers and Merchant pylon sign and a monument sign on the Meridian Road located at least two feet behind the sidewalk, dimensions to comply with L-O standards in the sign ordinance Table C. Any additional signs will require a modification of the Conditional Use Permit. A planned sign program will be required for any additional tenant signs. S. Th is condi tional use perm i t shall be subj ect to the expiration provisions set forth in MCC 11- 17-4.B. 6. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11- 13-4.F. All two-way drive aisles adjacent to parking shall be at least 25 feet wiele. Drivc- thru lanes shall be constructed as depicted on the submitted site plans. 7. All parking and drive aisles shall be paved ['or all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Fedcral accessibility guidelines. 8. Sanitary sewer and water service shall be from mainlines currently existing adjacent to the subject property. 9. All exterior lighting, whether attached to the building or located within the parking lot, shall FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 25 be clown-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 10. All signage shall be in accordance with the standards set forth in this report and Section 11- 14 of the City Zoning and Development Ordinance. All signage is subject to review and shall require separate permits. 11. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 13. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form 0 f a letter 0 f credit or cash in the amount of 110% of the cost of the requi red improvements (includi ng paving. striping, landscaping, and irrigation). A bid must accompany any requcst for temporary occupancy. 14. The planting of trees near streets shall comply with the parks departlllentmclllo from Elroy Huff dated December 9, 2003. B. Adopt the Recommendations of the Meridian Fire Department as follows: I. Provide afire-flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. ? All internal roads shall have a turning radius 01'28' inside and 48' outside. 3. All Fire Lanes leading into and within the project shall have a clear driving surface with a minimum width of20' available at all times. 4. The revised plans will require that the building be fire sprinklered. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 25 C. Adopt the Reconunenclations of ACHD as follows: 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an a total of 35-feet of right-of-way (from centerline) along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate .additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Dedicate a total of 1 a-feet of right-of-way from the centerline (maximum of l2-feet from centerl ine) of the alley abutting the parcel by means of recordation of a final subd [vision plat or execution ora watTanty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because the alley is classified as a local street and is to be brought to adopted standards by the developers of abutting properties. 3. If the City would like the applicant to construct angle parking on Broadway Avenue, provide one hal f of a 65- foot street section wi thin the ex isting right-of-way. Obtain a license <lgreement from the District to maintain and stripe the on-street parking and provide the District with a hold harmless agreement Cor the angle parking. 4. Provide a minimum 18-foot curb radius for all curb Jines. 5. Construct a 28-foot wide driveway that intersects Broadway Avenue approximately 50- feet east of Meridian Road (West Isl Street), as proposed. 6. Construct a 25-foot wide dt'iveway to intersect Broadway Avenue approximatcly 255-feet east of Meridian Road (West 1 SI Street), as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERJ.VIIT PAGE 6 OF 25 7. ConStl'Llct a 35-foot wide driveway that intersects the alley approximately 40-feet east of Meridian Road, as proposed. 8. Construct a 28-foot wide driveway that lntersects the alley approximately] 95-feet east of Meridian Road, as proposed. 9. Construct a 28-foot wide driveway that intersects the alley approximately 255-fcct cast of Meridian Road, as proposed. 10. Widen the alley access and utilize the access as a two-way driveway/alley from Meridi<ln Road to the drive-thru aisles that are proposed to intersect with the alley, as proposed. The maximum width of the alley/driveway will be 30-feet. 11. Continue to utilize the existing alley as a one-way roadway until the entire alley can function as a two-\vay alley (with the exception of the two-way driveway/alley from Meridian Road to the drive-thru aisles that are proposed to intersect with the alley). 12. Design the alley lo.aded parking to provide a minimum clear distancefl'om the back of the parking stall to the opposite side of the alley of 22-feeL 13. Construct all pedestrian ramps in accordance with ADA standards. 14. Obtain a license agreement Cor any landscaping or alternative surface (other than concrete) that will be located within the public right-of-\vay. 15. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility CoorcJinator at 387-6258 (with file numbers) for details. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 25 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 8pproval for occupancy. 8. P8yment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada COllnty 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 applicaLlt at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLlNE (1-800-342-1585) at least two fulI 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 fi lied) are compromised during any phase of constructi on. 10. No change in the terms and conditions of this approval shall be validul1less 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 app licant in the planned use of the property wh ich 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 usc of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations ofthe Parks Department as follows: 1. Tree Box diameter 6'x6' I.D. 2. Walls-8" W x 16" D with re-bar. '). A tree grate frame must be set into the box before pouring concrete. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERLvIIT PAGE 8 OF 25 4. Ccntcr of the tree is 36" back of curb. 5. A tree grate will fit each frame with the grate specifications being 6' x 6' with a French pattern made of cast iron with no finish. 6. Grates will come to Meridian Parks and Recreation Department then sent out to have a powder coat paint finish applied. 7. Planting Depth - root flare 4" below bottom of tree grate. 8. I1Tigation - Each tree will have irrigation that will meet Parks Arborist approval. 9. All irrigation and power will be routed outside ofthe tree box walls. 10. Each box will have a small traffic rated steel box next to it with an isolated irrigation valve. 11. Irrigation should be in an in-ground double check back now with an electronic valve and timer. 1.2. N<1tivc soils surficient for tree root growth will be on the outside area of the tree boxes. 13. The Arborist will approve street tree species anel cultivar. E. Adopt the comments of Sanitary Service as follows: L. Consideration could be given to sharing the waste container with Meridian City I-fall. 2. Allow for 60' frontage clearance to the enclosure anellO' inside of the gate posts for clearance. F. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: I. If all municipal surface drainage must be retained on site no further review is required. However, ifany surface drainage leaves the site, the District must review drainage plans and requires a Land Use Change Application to be filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The developer Illust comply with Idaho code 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlYIIT PAGE 9 OF 25 G. Adopt the comment of the Water Department as follows: l. There is no water line stu bbed into this property. H. Adopt the action of the City Council taken at their January 20,2004 meeting as follows: For cl ari fication: I. The revised Preliminary Site Plan that were submitted dated 12-0I-03 and stamped" RECEIVED DEC 02 2003 City of Meridian City Clerk Office, are hereby approved. 2. The applicant shall remove the existing Farmers and Merchants State Bank building upon occupancy of the llew building facility. 3. Pertaining to having either pavers or stamped concrete within the landscaping around thc trees, this issue shall be resoIved between ACHD and City staff. Upon final resolution to this issue, the applicant shall abide by City staffs decision. 13. It is found that the subject property, as depicted, is large enough to accommodate the required open spaces and landscaping required by the ordinance, but not parking. The site accommodated the required number of parking stalls for the original submittal; but the revised plan docs not meet parking requirements based on the larger structure. However, it is supported the proposed bui Iding modifications, as they are more historically accurate and compatible with existing historic structures in downtown. Therefore, staffwilJ support a Variance to the parking requirements for the revised structure. If a Variance is approved for the project, then it is found that the proj ec t will meet this requirement. The proposed revised bank building is I6,000 s.f. Ordinance requires I off-street parking space per 200 s.f of gross floor area, for a total of 80 spaces. The proposed site plan shows 46 off- street parking stalls, 11 of which are on the existing Farmers & Merchants site. There are also 13 diagonal on-street parking spaces proposed on Broadway Avenue adjacent to the project, for a total of 59 stalls. If the existing structure remains, there will be a total of48 spaces. FINDrNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 25 14. The Comprehensive Plan Land Use Map designates the property as "Old Town'" and it is currently zoned O-T. Old Town "includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theaters, restaurants and service retai I for surrounding residents and visitors. _.. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed" (see Comprehensive Plan, p. 99). Ord inance 11-8-1, Schedule of Use Control, allows for banks and drive-in establ ishments through the conditional use process in the O-T zone. It is found that the requested use will be in compliance with the approved Future Land Use Map if design requirements are imposed that preserve the character of Old Town. It is fUl'ther found that if the project is approved as a CUP it will be in compliance with the MCC. 15. The surrounding properties vary greatly and include City 1-1811. a bank, a bar, a gas station, the Creamery, the American Legion hall, and residences. Old Town is intended as a mixed use zone. Therefore, it is found that the proposed development will not adversely change the existing or intended character of the general vicinity_ The revised design of the building is compatible with existing historical structures in the area. 16. The proposed site p Ian places the drive-thru along Meridian Road, across from existing residences, which may be affected. A site layout is preferred so that it accesses the drive- thru from the alley, instead of placing it along the Meridian Road frontage. However, given existing tr<lffic levels and associated noise along Meridian Road (see item G below) it is not anticipated that the proposed LIse wi II adversely affect adjacent properties. In the case of the Creamery, the proposed project should actually add further incentive for redevelopment. 17. The project proposes vehicular access from Broadway Avenue and from the alley FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERiVJIT PAGE 11 OF 25 between Meridian Road and Main Street. ACHD approved the proposed project with the conditions noted in their repol-t. The major change required by ACHD was modi fying the two-way alley to be one-way, except for a two-way section to access the drive-thru. Water and sanitary sewer service to the project is readily available to the site via mains installed adjacent to the property. The cOl1lment from Meridian Water Dept. states that no water line is stubbed into this propeny, yet several arc depicted on the Preliminary Site Utility Plan. The applicant should confirm the ex istencc or the services shown on their plans, with the Meridian Water Department. 18. If approved, the applicant will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future project will be fire and police services. It is found that there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 19. ACHD estimates that the traffic volume would be 900 additional average daily trips (1048 existing) for the originally proposed bank building. This number has not yet been upclated for the larger revised building. Traffic congestion is an ongoing issue Cor downtown, the resolution or which is beyond the scope of this project. ACHD stall finds that the additionaltraflic created by a revised building should not be excessi ve. It is also found that no smoke, fumes, glare or odors wi I I result from the proposed use. 20. As addressed directly above in number 19, vehicular approaches are proposed from Broadway A venue and from the existing alley. It is found that the proposed use will not create significant interference with traffic on the surrounding public streets. Please refer to ACT-3D comments for additional detail on this issue. According to ACHD staff, the project does not require action by the ACED Commission and was approved at stafflevel on October 7,2003. The revisions FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE J>ER.MIT PAGE 12 OF 25 made to the plan will not trigger a new report because it complies v.rith the original conditions. 21. It is found that the significant existing trees are on or adjacent to the site. The existing street trees shall be protected during all construction and demolition activittcs. The existing magnolia tree near the entrance of the existing structure should also be protected. CONCLUSIONS OF LA'V 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.c. S67-6503). 2. The Merjdjan City Council may exercise all the powers required and <luthorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which <I proposed use is otherwise prohibited by the terms ofthe ordinance but allowed with conditions under the specific provisions of the ordinance which the City ofMericlian has done ill the adoption of tts zoning ordinances. 4. The City Council has the duty and responsibility to rcvtcw the facts and circumstances of each application for special use permit to determine prior to granting the samc that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S ] 1-17-3) FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 25 a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Mcri d i an Comprehensi ve Plan and in accordance wi th the req ui rements 0 I' this Orcl i nance; c. That the design, construction, operation and maintenance will be compatible with other Llses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage stmcturcs, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the'pfOposed llse will not create excessive additional cost for public Cacilities and services and will not be detrimental to the economic weIfare ofthe community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the gcncral wel farc by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage 0 fa natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Old Town District (O-T), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the condltionaluse pell11it all in accordance with the provisions of Meridian City Code ~ 11-17-5 City 01' Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE IlEH.MlT PAGE 14 OF 25 Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation ofthe Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recolllmendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Coullcil with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or apprcwal with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City ofMeridial1 Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~ 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize 8c1verse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordi nance. 8. The City of Meridian bas, by ordinance, established the Impact Area and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTfNG CONDITIONAL USE PERMIT PAGE 15 OF 25 Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-381 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: I. That the above named applicant is granted a conditional use permit for a new bank with a drive through in an OT zone for Farmers and Merchants State Bank, located on the north side of Broadway Ave. between Meridian Road and Main Street, physical address 703 North Main Street, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering starr as modified by the Planning & Zoning Commission, as follows: 1. The building and site improvements shall be constructed per the approved plans submitted with the revised application. ') The applicant shall submit a Variance application for parking to accompany this application to the City Council hearing. 3. Shift the striping for the on-street parking in front ofthe proposed building approximately 9 feet west. 4. Wall signs are approved as submitted on the revised building elevations. Two freestanding signs will be allowed for the project-the existing Farmers and Merchant pylon sign and a monument sign on the Meridian Road located at least two feet behind the sidewalk, dimensions to comply with L-O standards in the sign ordinance Table C. Any additional signs will require a modification of the Conditional Use Permit. A planned sign program will be required for any additional tenant signs. 5. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PER1vUT PAGE 16 OF 25 l7-4.B. 6. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance II- I3-4.F. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. Drive- thru lanes shall be constructed as depicted on the submitted site plans. 7. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibllity guidelines. 8. Sanitary sewer and water service shall be from main lines currently existing adjacent to the subj ect property. 9. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 10. All signage shall be in accordance with the standards set forth in this report and Section 11- 14 of the City Zoning and Development Ordinance. All signage is subject to review and shall require separate permits. 11. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act and the adopted building and fire codes. 12. A drainage plan designed by a State ofldaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Depat-tment of Envirol1l1lent81 Quality 1997 publication Catalog of Storm Water Best Management Practiccs for Idaho Cities and Counties and City of Meridian standards and policies. Off"-site disposal into a sLLrCace water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 13. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certi ocate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 14. The planting of trees near streets shall comply with the parks department memo from Elroy Huff dated December 9, 2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE170F25 B. Adopt the Recommendations of the Met-idian Fire Department as follows: I. Provide a fire-flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. 2. All internal roads shall have a tuming radius of28' inside and 48' outside. 3. All Fire Lanes leading into and within the project shall have a clear driving surface with a minimum width of20' available at all times. 4. The revlsed plans will require that the building be fire sprin_kJered. C. Adopt the Recommendations of ACHD as follows: I . The Board of Commissioners authorizes the expend i ture of avai lable co llected impact fees for the purch.ase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or tll rough a developmen t 0 ffset agrccment whereby thc applicant is reimbursed from impact fees to be collected solely from the applicant '$ specific development project) an a total oD5-feet of right-of-way (from ccnterline) along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Mcridian Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerli ne of the right-of-way, In an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of-way, Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Dedicate a total of] O-feet of right-of-way from the centerline (maximum of 12-feet from ccnter] ine) of the alley abutting the parcel by means of recordation 0 f a final subdivision plat or execution ofa warranty deecl prior to issuance ora building permit (or other required permits), whichever occurs first. Allow up to 30 business clays to proccss thc right-of-way dedication after receipt of all requested material. The owner will not bc compensated for this additional right-of-way because the alley is classified as a local street and is to be brought to adopted standards by the developers of abutting properties. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERiVlIT PAGE 18 OF 25 3. If the CIty would like the appIicant to construct angle parking on Broadway Avenue, provide one half of a 65-foot street section within the existing right-of-way. Obtain a license agreel11entfi~om the District to maintain and stripe the on-street parking and provide the District with a hold harmless agreement for the angle parking. 4. Provide a minimum 18-foot curb radius for all curb lines. 5. Construct a 2S-Coot wide driveway that intersects Broadway Avenue approximately 50- feet east of Meridian Road (West]:;1 Street), as proposed. 6. Construct a 25-foot wide driveway to intersect Broadway A venue approximatcly 255- feet east ofMeridial1 Road (West 151 Street), as proposed. 7. Construct a 35-foot wide driveway that intersects the alley approximately 40-fect cast 01' Meridian Road, as proposed. 8. Construct a 28-foot wide driveway that intersects the alley approximately 195-feet east of Meridian Road, as_proposed. 9. Construct a 28-foot wide driveway that intersects the alley approximately 255-feet east of Meridian Road, as proposed. 10. Widen the alley access and utilize the access as a two-way clriveway/alley from Meridian Road to the drive-thru aisles that are proposed to intersect with the alley, as proposed. The maximulll width of the alley/driveway will be 30-feet. 11. COlltinue to utilize the existing alley as a one-way roadway until the entire alley can function as a two-way alley (with the exception of the two-way driveway/alley from Meridian Road to the drive-thru aisles that are proposed to intersect with thc alley). ] 2. Design the alley loaded parking to provide a minimum clear distance frolll the back of the parking stall to the opposite side of the alley of22-feet. 13. Construct nil pedestrian ramps in accordance with ADA standards. 14. Obtain a license agreement for any landscaping or alternative surface (other than concrete) that will be located within the public right-of-way. 15. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of tile right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PER.MIT PAGEJ90F25 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 appl icant shall submit revised plans for staff approval, prior to issuance 01' bu i ldi ng permit (or other required permits), which incorporatcs 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 bui lding construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking grollnd within ACHD right-of-way. The applicant shall contact ACHD Trafftc Operations 387-6190 in the event any ACHD conduits (spare or fi lied) are comprom i sed during any phase 0 f 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 Ad8 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 25 successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Parks Department as follows: I. Trec Box diameter 6'x6' J.D. 2. Walls-8" W x 16" D with re-bar. 3. A tree grate frame must be set into the box before pouring concrete. 4. Center of the tree is 36" back of curb. 5. A tree grate will fit each fi<ame with the grate specifications being 6' x 6' with a French pattern made of cast iron with no fi nisb. 6. Grates wi II come.Jo. Meridian Parks and Recreation Depm1ment then sent out to have a powder coat paint finish applied. 7. Planting Depth ~ root flare 4" below bottom of tree grate. 8. Irrigation - Each tree will have irrigation that will meet Parks Arborist approvaL 9. All irrigation and power will be routed outside olCthe tree box w811s. 10. Each box will have a small traffic rated stcel box next to it with an isolated irrigation valve. II. lrrigation should be in an in-ground double check back flow with an electronic valve and timer. 12. Native soils sufficient for tree root growth will be on the outside area 0 f the tree boxes. 13. The Arborist will approve street tree species and cultivar. E. Adopt the comments of Sanitary Service as follows: 1. Consideration could be given to sharing the waste container with Meridian City HalL 2. Allow for 60' frontage clearance to the enclosure and 10' inside of the gate posts for clearance. F. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLOSIONS OF LA \-\1 AND DECISION AND ORDER GRANTING CONDITIONAL OSE PERlvIIT PAGE 21 OF 25 1. If all municipal surface drainage must be retained on site no further review is required. However, if any surface drainage leaves the site, the District must review drainage plans and requires a Land Use Change Application to be filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The developer must comply with Idaho code 31-3805. G. Adopt the comment of the Water Department as follows: 1. There is no water line stubbed into this property. I-J. Adopt the action of the City Council taken at their January 20,2004 meeting as follows: For clarification: 1. The revised Preliminary Site Plan that were submitted dated 12-01-03 and stamped" RECEIVED DEC 02 2003 City of Meridian City Clerk Office, are hereby approved. 2. The applicant shall remove the existing Farmers and Merchants St8te Bank building upon occupancy of the new building f8cility. 3. Pertaining to having either pavers or stamped concrete within the landscaping around the trees, this issue shall be resolved between ACHD and City staff. Upon final resolution to this issue, the applicant shall abide by City staffs decision. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~11-17-9. 3. The above conditions are concluded to be reasonable and the applicant Sllllll meet such requirements as a condition of approval ofthe application for a condition81 use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit 111 accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 25 Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period oi' eighteen (I8) months unless otherwise approved by the council. During this time, the pet"mil holder must commence the use as pel111itted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footi ngs or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city cOLlncil review. The applicntion for lime extension shall be submitted at least thirty (30) days prior to the deadline for completion orthe project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.8.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANAL YSrS FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERtvIIT PAGE 23 OF 25 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 far Judicial Review may be filed. Please take notice that this is a final action oCthe governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional llse permit approval may within twenty-eight (28) clays 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 '3 r::!:- day of Fe6 }rtuVl.-:J ' 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE VOTED~ IJb.t~ COUNCILMAN KEITH BIRD VOTED fjk<<- MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 2--.~--O~ VOTED MOTION: V APPROVED:~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DEClSION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 24 OF 25 Attest: tJd /'] ~ """,,,,,,,,,,,, Mayor Tam"". de Wcc,d 3 ""\~ of ME.RID~"~ii! l'ct/n L.- Jn~ 4aN1 ",' :\ ~A~;';-' - j'). J .f c} cp~ORA ~ l-<'J 7\ et9~c;v( rye/Imid- E ~ () ~ - ~ ~ .:: --:: - - - - ~ i , , < ~ . FINDINGS OF FACT AND CONCLUSIONS OF LA \" AND DECISION AND ORDER GRANTING CONDITIONAL USE I>ERMIT PAGE 25 OF 25 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OFTHE REQUEST FOR CONDITIONAL USE PER1VIIT FOR A NEW BANK FACILITY \VITI-( DRIVE UP TELLERS IN AN OT ZONE FOR FARMERS AND MERCHANTS STATE BANK, LOCATED AT 703 NORTH MAIN STREET, lVfERIDIAN, IDAHO CSHQA, APPLICANT cle 01/20/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-050 ORDER GRANTING CONDITIONAL USE PERJVIlT 1. This matter coming before the City Council on January 20, 2004, under the provisions of Meridian City Code 9 1] -17-4 for final action on conditional use permit application and the Counci I ha vi ng recei ved and approvi ng the Recommendation 0 f the Planni ng and Zoni ng COlllmission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a ncw bank with a drive through in an OT zone for Farmers and Merchants State Bank, located on the north side of Broadway Ave. between Meridian Road and Main Street, physical address 703 North Main Street, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the P Janning and Zoning and Engineering staff as modified by the Planning & Zoning Commission, as follows: ORDER CONDlTIONAL USE PERMIT (CUP-03-050) PAGE 1 OF 10 ]. The building and site improvements shall be constructed per the approved plans submitted with the revised application. 2. The applicant shall submit a Variance application for parking to accompany this application to the City Council hearing. 3. Shi ft the stripi ng for the on-street parking in front 0 fthe proposed building approximately 9 feet west. 4. Wall signs arc approved as submitted on the revised building elevations. Two freestanding signs will be allowed for the project-the existing Farmers and Merchant pylon sign and a monument sign on the Meridian Road located at least two feet behind the sidewalk, dimensions to comply with L-O standards in the sign ordinance Table C. Any additional signs will require a modification of the Conditional Use Permit. A planned sign program will be required for any additional tenant signs. 5. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.8. 6. All 90-degree parking stalls shall be at least 9 Ceet wide and 19 feet deep per Ordinance I 1- 13-4.F. All two-way drive aisles adjacent to parking shall be at least 15 feet wiele. Drive- thru lanes shall be constructed as depicted on the submitted site plnl1s. 7. All parking and drive aisles shall be paved for all uses, in compliance with the submittcd plans. Handicap parking spaces shall be signed and striped in compliance with Fedcrnl accessibility guidelines. 8. Sanitary sewer and water service shall be from main lines currently existing adjacent to the subject property. 9. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking Iot lighting shall be in accordance with Ordinance I I- 13 -4C. 10. All signage shall be in accordance with the standards set forth in this report and Section] I- 14 oCthe City Zoning and Development Ordinance. All signage is subject to review and shall require separate permits. 11. All construction and site improvements shall conform to the requirements oCthe Americans ORDER CONDITIONAL USE PERMIT (ClJP-03-050) PAGE 2 OF 10 with Disabilities Act and the adopted building and fire codes. 12. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, ] 0-1-91) for alI off-street parking areas. Storm water treatment and disposal must be designed in accordance with Depar'tment of Environmenta I Quality 1997 publication Catalog 0 fStorm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 13. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amoLlnt of 110% of the cost of the required improvements (including paving. striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. ] 4. The planting of trees near streets shall comply with the parks depmiment memo from Elroy Huff dated December 9, 2003. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. 2. All internal roads shall have a turning radius of28' inside and 48' outside. 3. All Fire Lanes leading into and within the project shall have a clear driving surface with a minimum width of20' available at all times. 4. The revised plans will require that tbe building be fire sprinklered. C. Adopt the Recommendations of ACHD as follows: 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the app licant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the ORDER CONDITIONAL USE PERMIT (CUP-03-050) PAGE 3 OF 10 applicant is reimbursed from impact fees to bc collected solely from the applicant's specific development project) an a total of3S-feet oCright-of-way (Crom ccnterline) along Meridian Road, and construct a minil11luu 5-foot wide concrete sidewalk along Meridian Road, located a minimum of28-feet from the centerlinc of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of28-feet from the centerline oCthc right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along MCI-idian Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Dedicate a total of I O-feet of right-of-way from the centerline (maximum of 12-feet from centerl i ne) of the alley abutting the parcel by means of recordation of a final subdi vision plat or execution of a warranty deed prior to issuance of a bui ldi ng permit (or other required permits),~ \yhichever occurs first. Allow up to 30 business clays to process the right-or-way dedication after receipt of all requested material. Thc owner will not be compensated for this additional right-of-way bccause the alley is classified as a local street and is to be brought to adopted standards by the developers of Llbutting properties. 3. If the City would like the applicant to construct angle parking on Broadway Avenue, provide one half of a 65-foot street section within the existing right-of-way. Obtain a license agreement from the District to maintain and stripe the on-street parking and provide the District with a hold harmless agreement for the angle parking. 4. Provide a minimum 18-foot curb radius for all curb lines. 5. Construct a 28- foot wide driveway that intersects Broadway Avenue approximately 50- feet east of Meridian Road (West 1st Street), LIS proposed. 6. Construct LI 25-1'oot wide driveway to intersect Broadway Avenue approximately 255-feet east of Meridian Road (West 1st Street), as proposed. 7. Construct a 3S-foot wide driveway that intersects the alley approximately 40-feet ensl of Meridian Road, as proposed. 8. Construct a 28-foot wide driveway that intersects the alley approximLltely 195-I~et cast of Meridian Road, as proposed. ORDER CONDITIONAL USE PERMIT (CUl)-03-050) PAGE 4 OF 10 9. Construct a 28-foot wide driveway that intersects the alley approximately 255-feet east of Meridian Road, as proposed. 10. Widen the alley access and utilize the access as a two-way driveway/alley from Meridian Road to the drive-thru aisles that are proposed to intersect with the alley, as proposed. The maximum width of the alley/driveway will be 30-feet. 11. Continue to utilize the existing alley as a one-way roadway until the entire alley can f'unction as a two-way alley (with the exception 0 f the two-way dri veway/alley f'rom Meridian Road to the dl'ive-thru aisles that are proposed to intersect with the alley). 12. Design the alley loaded parking to provide a minimum clear distance frolll the back of'the parking stall to the opposite side ofthe alley of 22-feet. 13. Construct all pedestrian ramps in accordance with ADA standards. 14. Obtain a license agreement for any landscaping or alternati ve SLl rface (other than concrete) that will be located within the public right-of-way. 15. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing ilTigation facilities shall be relocated outside 01' the right-of'-way. ? All utility relocation costs associated with improving strect f'rontages 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 detai Is. 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 ofldaho shall prepare and certify all improvement plans. ORDER CONDITIONAL USE PERMIT (C U P-03-050) PAGE 5 OF 10 6. The applicant shall submit revised plans for stall approva I, prior to issuance 0 I' bui Iding permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to caU DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACED Traffic Operations 387-6] 90 in the event any ACED 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 oCthis 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 properly unless a waiver/variance ofsaid requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Parks Department as follows: I. Tree Box diameter 6'x6' LD. 2. Walls-8" 'vV x 16" D with re-bar. 3. A tree grate frame must be set into the box before pouring concrete. 4. Center of the tree is 36" back of curb. ORDER CONDITIONAL USE PER.lVIIT (CUP-03-0S0) PAGE 6 OF 10 5. A tree grate will fit each fi.ame with the grate specifications being 6' x 6' with a French pattern made of cast iron with no finish. 6. Grates will come to Meridian Parks and Recreation Department then sent out to have a powder coat paint finish applied. 7. Planting Depth - root flare 4" below bottom of tree grate. 8. irrigation ~ Each tr-ce will have irrigation that will meet Parks Arborist approval. 9. All irrigation and power wi Il be routed outside 0 f the tree box walls. 10. Each box will have a small traffic rated steel box next toit with an isolated irrigation valve. ] ]. Irrigation should be in an in-ground double check back flow with an electronic valve and tim er. 12. Native soils sufficient for tree root growth will be on the outside area of the tree boxes. 13. The Arborist wi II approve street tree species and culti var. E. Adopt the comments of Sanitary Service as follows: 1. Consideration could be given to sharing the waste container with Meridian City Hall. 2. Al low for 60' frontage clearance to the enc losurc and 10' i Ilside of the gate posts for clearance. F. Adopt the Recommendations ofNampa & Meridian irrigation District as lollows: I. If all municipal surface drainage must be retained on site no further review is required. However, if any surface drainage leaves the site, the District must review drainage plans and requires a Land Use Change Application to be filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The developer must comply with Idaho code 31-3805. ORDER CONDITIONAL USE PERMIT (CUP-03-050) PAGE 7 OF 10 G. Adopt the comment of the Water Department as follows: 1. There is no water line stubbed into this property. H. Adopt the action of the City Council taken at their January 20,2004 meeting as follows: For clarification: 1 . The rcvi sed Prcl im i nary Site Plan that were submitted dated 12-01 -03 and stamped" RECEIVED DEC 02 2003 City of Meridian City Clerk Office, are hereby approved. ? The applicant shall remove the existing Famlers and Merchants State Bank building upon occupancy 0 f the new bui Iding faci 1 ity. 3. Pertaining to having either pavers or stamped concrete within the landscaping around the trees, this issue shall be resolved between ACHD and City stall. Upon final resolution to this issue, the applicant shall abide by City staff's decision. 3. The above conditions are concluded to be reasonable and the applicant shallmcct such requirements as a condition of approval of the application for a conditionalllse permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 II-I7-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditionalllse permit shall be valid for a maximum period 01' eighteen (18) months unless otherwise approved by the counci I. During th is ti me, the perm it holder must commence the LIse as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire bui Iding pcrmi ls and commence construction of permanent footings or structures on or in the ground. In tbis context ORDER CONDITIONAL USE PERlvIIT (CUP-03-050) PAGE 8 OF 10 "structures" shalllnclude sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion elate for the project. lfthe completion elate specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (fV1CC 11-17- 4.8.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANAL YSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner 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 Cor Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of ORDER CONDITIONAL USE PERMIT (CUP-03-050) PAGE 9 OF 10 Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicia1 review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 3rff day of Fz.6rUCVl-r ,2004. Attest: By~~k~rp Dated !.-3-tJ4-- City Clerk l:\Work\I\.Wvlcl'idi,II1\Mcridi<l1l 15360M\F~rJl1crs <lnd lVlcrchallts SWlc Bank CUI'-03-050\OrdcrCUP.doc ORDER CONDITIONAL USE PERlVlIT (CUP-03-050) PAGE 10 OF 10 CITY OF MERIDIAN Planning & Zoning Memo To: Mayor and City Council CQ Anna Powell Bill Nichols Craig Slocum From: Steve Siddoway Date: 1.30.04 Re: Fanners & Merchants Bank RECEIVED JAN 3 2004 City Of Meridian City Clerk Office I have reviewed the Findings of Fact/Conclusions of Law/Decision & Order (FFCL/DO) for the Farmers & Merchants Bank Conditional Use Permit and Variance. There are a few items that need to be clarified prior to acting on the FFCL/DOs. Regarding the CUP, was it the Council's intention to require removal of the existing building, or was it your intention to give the applicant the option of keeping or removing the building? The discussion prior to the motion seems to suggest that the Council was supportive of the building being removed if the applicant so chooses, but that they would have the option. The motion, taken from draft minutes, states that "We would recommend that removal of existing building once [the] new buiIding is occupied." The FFCL then states on page 22, "2. The applicant shall remove the existing Farmers and Merchants State Bank building upon occupancy of the new building facility." The applicant would prefer to have the option. Regarding the Variance, The Decision & Order states, "That the Applicant is hereby granted a variance for parking of 46 stalls with 15 diagonal on-street parking stalls in the OT zone for Farmers and Merchants State Bank," which accurately reflects the motion taken from the draft minutes. Two clarifications: First, we need to clarify that there are only 13 proposed on-street spaces, not 15. Second, if the Council intends to require removal of the existing building, then 46 off-street parking spaces is the correct number. However, if the Council intends to give the applicant the option of keeping the existing building, the number of off-street parking stalls would be reduced to 35. Thus, the Variance would have to be approved for as few as 35 spaces in order to give the applicant the option to keep the building. Staff recommends pulling the FFCL/DO for Farmers & Merchants from the consent agenda for a brief discussion to clarify these items and revise the motion and FFCL/DO, if necessary. In order to facilitate a revised motion, I have prepared drafts below that would give the applicant the option of either site pIan, if the Council so chooses. 1. Make a motion to clarify that for CUP-03-050, Farmers & Merchants Bank, that the applicant will have the option of either keeping or removing the existing structure, and direct the attorney to modify the Findings of Fact and Conclusions of Law to so reflect. 2. Make a motion to clarify that for V AR-03-021, Farmers & Merchants parking variance, that the number of on-street parking spaces is 13 and the number of off-street spaces is 46 if the existing structure is removed and may be as few as 35 if the existing structure remains. If the Council does not intend to allow the option, the only modification wouId be to change the number of on-street parking stalls from 15 to 13. RRJEIVE JAN 3 f 2004 interoffice MEMORANDUM - City Of Meridian City Clerk Office To: William G. Berg, Jr. From: William F. Nichols Subject: BY: CSHQA FOR CONDITIONAL USE PERMIT FOR A NEW BANK FACILITY WITH DRIVE UP TELLERS IN AN OT ZONE FOR FARMERS AND MERCHANTS STATE BANK File No.: CUP-03-050 Date: .January 8, 2004 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please pIace this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\ \Vork\M\MendiJn\MemllUn 15360iv1\Farl1lers and MerchanlS State 13,mk CUI'-lJJ.050\Clld.lrCUI'lkls&OrdcLlk,c ** TX CONFIRMATION REPORT ** AS OF JAN 31 '04 16:45 PRGE.01 CITY OF MERIDIAN DRTE TIME TO/FROM MODE MIN/SEC PGS CMDJ:t STATUS 01 01/31 16:08 3810160 EC--S 01' 49" 003 165 OK 02 01/31 16:11 PUBLIC WORKS EC--S 01'03" 003 165 OK 03 01/31 16:12 12084664405 EC--S 81' 05" 003 165 OK 04 01/31 16: 14 8841159 EC--S 01' 04" 003 165 OK 05 01/31 16:15 2088840744 EC--S 01'03" 003 165 OK 06 01/31 16:17 POLICE DEPT EC--S 01'03" 003 165 OK 07 01/31 16:19 8985501 EC--S 01'03" 003 165 OK 08 01/31 16: 20 LIBRRRY EC--S 01'23" 003 165 OK 09 81/31 16:22 92083776449 EC--S 01'02" 003 165 OK 10 01/31 16:23 208 388 6924 EC--S 01'22" 003 165 OK 11 01/31 16:25 2088886854 EC--S 01'02" 003 165 OK 12 01/31 16:27 208 895 0390 EC--S 01'03" 003 165 OK 13 01/31 16:28 128300040 G3--S 01'22" 003 165 OK 14 81/31 16:30 208 387 6393 EC--S 01'03" 003 165 OK 15 01/31 16:32 RDR CTY DEVELMT G3--S 01'50" 003 165 OK 16 01/31 16:34 8885052 EC--S 01' 03" 003 165 OK 17 01/31 16:36 CHERRY LRNE EC--S 01'23" 003 165 OK 18 01/31 16:38 POST OFFICE EC--S 01'48" 003 165 OK 19 81/31 16:40 IDAHO RTHLETIC C EC--S 01'03" 003 165 OK 20 01/31 16:42 ID PRESS TRIBUNE EC--S 01'04" 003 165 OK 21 01/31 16:44 2088886701 EC--S 01'03" 003 165 OK ---------~--~-----------------------------------------------------------------~------------- fkuse ~-\ tOT :Pub\ \ c N011(-c - , hOS"\. ~ ~ \\ of, CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 3,2004 at 7:00 p.m. City Council Chambers 1. RolI~call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Alex Chamberlain St. luke's Chaplain: 4. Adoption of the Agenda: 5. Consent Agenda: A An.l"'lrf'\\JC> IT'Iinl,tee.-, ,...of I~_u........ 4"2 ..U'\ftA 1"':',' f">_. .--:1 -r-\___ _,___ ** TX CONFIRMRTlON REPORT >Ie>l< AS OF FEB 03 ' 04 23' 07 PAGE.01 CITY OF MER[DIAN DATE TIME TO/FROM MODE MIN/5EC PGS CMDII STRTUS 14 02/03 22:31 3810160 EC--S 01'56" 003 221 OK 15 02/03 22:34 PUBLIC WORKS EC--S 01'09" 003 221 OK 16 02/03 22:36 12084664405 EC--S 01'10" 003 221 OK 17 02/03 22'37 8841159 EC--S 01'09" 003 221 OK 18 02/03 22:39 2088840744 EC--S 01'138" 003 221 OK 19 02/03 22'41 POLICE DEPT EC--S 01'00" 003 221 OK 20 02/0322'42 S985501 EC--S 01'09" 003 221 OK 21 02/03 22:44 LIBRARY EC--S 01'32" 1303 221 OK 22 02/03 22:46 92083776449 EC--S 01'09" 003 221 OK 23 02/03 22:47 208 388 6924 EC--S 131' 30" 003 221 OK 24 02/03 22'50 21388886854 EC--S 01'08" 003 221 OK 2S 02/133 22: 51 208 895 0390 EC--S 131'138" 003 221 OK 26 02/03 22'53 200 387 6393 EC--S 131'08" 003 221 OK 27 132/03 22: 54 ADA CTY DEVELMT G3--S 01> 50" 003 221 OK 28 02/03 22'57 S8850S2 EC--S 01'08" 003 221 OK 2S 02/03 23:00 POST OFFICE EC--S 01'57" 003 221 OK 30 02/03 23:02 IDAHO ATHLETIC C EC--S 01'139" 003 221 OK 31 02/0323:04 [0 PRESS TRIBUNE EC--S 01'09" 003 221 OK 32 02/03 23:06 2088886701 EC--S 01'08" 003 221 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 3, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Bill Nary =x== Charlie Itountree =::g:: Keith Bird ---1L- Mayor Tammy de Weerd 2. Pledge of Allegiance: pe~.u;L 3. Community Invocation by Alex Chamberlain St. Luke's Chaplain: r.e.r--.+<ft{, 4. Adoption of the Agenda: ~tM. M ':';,.IJ.y...du(" 5. Consent Agenda: A. Approve minutes of January 13, 2004 City Council Regular Meeting: 4fp""^'V't- 1- B. 7 - c. D. Findings of Fact and Conclusions of Law for Approval: VAC 03-007 Request for a Vacation of three feet of ACHD right of way on each side of West Pennwood Street for Troutner Business Park Subdivision No. 2 by Mary Ballantyne - west of South Meridian Road and south of West Franklin Road: ~ fo 2-10-t?4- Findings of Fact and Conclusions of Law for Approval: PP 03- 034 Request for Preliminary Plat approval for a re-plat of Troutner Park Subdivision lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Black 4; and Lot 3, Block 5 consisting of 6 commercial building lots and 1 common lot on 17.26 acres in a C-G zone for Troutner Business Park No. 2 by Mary Ballantyne - south of West Franklin Road and west of South Meridian Road: .,'NUt. f-p 2--/<7-t74- Findings of Fact and Conclusions of Law for Approval: AZ. 03- 030 Request far Annexation and Zoning of 2.a acres from R-6 to L- o and G-G zones for proposed Southem Springs Subdivision No. 2 by The land Group, Inc. - south of East Overland Road and east of Soulh Meridian Road: ,fi~ ~ ~ t v.P #L ~v.c.- ' t ..,- M<<itIi... City CO\lQ<n ~dl- fclouoo< 3.lOO4l'ago 1 of3 ...11......w. p<acot<;d... pubU. ""'lines >hall bocome l""'I'aty .ru.. C;ly ofM<ridl=. My... <l<oirins _......dotioo fOf diw.bilitito rot>U<l '" doco_ .."lI<<heuiog p!=<",w.. th<: City Cl.d<.', on;"lI\ SSs--I433 ..1_4~ b""'.pri<lt l.llIe pOblic ....,;"g. AS OF FEB 03 '04 23:12 PAGE.01 ** TX CONFIRMATION REPORT ** CITY OF MERIDIAN DATE TIME TO/FROM 01 02/03 23:10 CHERRY LRNE MODE MIN/SEC PGS CMD~ STATUS G3--S 02'06" 003 221 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 3, 2004 at 7:00 p.m. City Council Chambers 1. RoU-caU Attendance: K Shaun Wardle X' Bill Nary =:x= Charlie B..ountree ~ Keith Bird --1L- Mayor Tammy de Weerd 2. Pledge of Allegiance: pre (~.UL 3. Community Invocation by Alex Chamberlain Sl Luke's Chaplain: pr-€'.f...u--fu<_ 4. Adoption of the Agenda: ~v"<. it.J' /Z-frie"...de..t{... 5. COll5ent Agenda: '7 - B. 1 - C. A. Approve minutes of January 13, 2004 City Council Regular Meeting: arPn?VW-- D. Findings of Fact and Conc'usions of Law for Approval: V AC 03~007 Request for a Vacation of three feet of ACHO right of way on each side of West Pennwoad Street for Troutner Business Park Subdivision No. 2 by Mary Ballantyne - west of South Meridian Road and south of West Franklin Road: ~ -fo 2-10-04- Findings of Fact and Conclusions of Law for Approval: PP 03- 034 Request for Preliminary Plat approval for a re-plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and lot 3, Block 5 consisting of 6 commercial building lots and 1 common lot on 17.26 acres in a C~G zone for Troutner Business Park No. 2 by Mary Ballantyne - south of West Franklin Road and west of South Meridian Road: <jNUt. fo Z -j (J -tJ t/- Findings of Fact and Conclusions of Law for Approval: /JZ. 03- 030 Request for Annexation and Zoning of 2.8 acres from R-6 to L- a and C-G zones for proposed Southern Springs Subdivision No.2 by The Land Group, Inc. - south of East Overland Road and east of South Meridian Road: f4,;J ~ I<p :2- -It f7A- ~~ I L r Mcri~ilill ClI:YCO\ID.cil Aglltldt.-fcboutu)' 3. 2004 ['agel ol3 ,oJl f\\Ilt<lrilll~ p<c,,,,..1cd llI. pIoIb~ mtetings sball booomc pn>J>dtY "ru.., City ocMeri<lian. MyQnfllesiring """ommodau<>o for dUiabilitit$ nlllUla to docnmcn1< .I1Ildl.... hearint p\=c con1>.d the Cily CI<tl<..s OfIice <<I 888--1433 1111c.ast 4R h........ prior 10 !he public mM'ling. fk-use (JS{ tOrt'ubb c NOi1C-c(ThCtJ\J~S~\ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 3,2004 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. Pledge of Allegiance: 3. Community Invocation by Alex Chamberlain St. Luke's Chaplain: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve minutes of January 13, 2004 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Approval: VAC 03-007 Request for a Vacation of three feet of ACHD right of way on each side of West Pennwood Street for Troutner Business Park Subdivision No. 2 by Mary Ballantyne - west of South Meridian Road and south of West Franklin Road: C. Findings of Fact and Conclusions of Law for Approval: PP 03- 034 Request for Preliminary Plat approval for a re-plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of 6 commercial building lots and 1 common lot on 17.26 acres in a C-G zone for Troutner Business Park No. 2 by Mary Ballantyne - south of West Franklin Road and west of South Meridian Road: D. Findings of Fact and Conclusions of Law for Approval: AZ 03- 030 Request for Annexation and Zoning of 2.8 acres from R-6 to L- a and C-G zones for proposed Southern Springs Subdivision No.2 by The Land Group, Inc. - south of East Overland Road and east of South Meridian Road: Meridian City Council Agenda - February 3, 2004 Page I of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Findings of Fact and Conclusions of Law for Approval: PP 03- 036 Request for Preliminary Plat approval of 5 commercial building lots on 2.8 acres in proposed L-O and C-G zones for proposed Southern Springs Subdivision No.2 by The Land Group, Inc. - south of East Overland Road and east of South Meridian Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-050 Request for a Conditional Use Permit for a new bank facility with drive up tellers in an OT zone for Farmers and Merchants State Bank by CSHQA - 703 North Main Street: G. Findings of Fact and Conclusions of Law for Approval: VAR 03-021 Request for a Variance for parking of 46 stalls with 13 diagonal on-street parking stalls in an OT zone for Farmers and Merchants State Bank by CSHQA - 703 North Main Street: H. Findings of Fact and Conclusions of Law for Approval: PP 03- 029 Request for Preliminary Plat approval of 6 building lots on 2.064.acres in a L-O zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers - 2150 West Cherry Lane: I. Findings of Fact and Conclusions of Law for Approval: CUP 03-048 Request for a Conditional Use Permit for a Planned Development for nursing home care for up to 40 patients and office use with reduced setbacks and landscaping requirements in an L-O zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers, Inc. - 2150 West Cherry Lane: J. Findings of Fact and Conclusions of Law for Approval: AZ 03- 031 Request for annexation and zoning of 15.04 acres from RUT to R-8 zones for proposed Windsong Subdivision by Landmark Engineering & Planning, Inc. - west of North Linder Road and north of West Ustick Road: K. Findings of Fact and Conclusions of Law for Approval: PP 03- 037 Request for Preliminary Plat approval of 66 single-family building lots and 2 common lots on 15.04 acres in a proposed R-8 zone for proposed Windsong Subdivision by Landmark Engineering & Planning, Inc. - west of North Linder Road and north of West Ustick Road: L. Bear Creek Restroom Project: Request for Extension of Contract by Haemker General Contracting M. Approve Bills: Meridian City Council Agenda - February 3. 2004 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports: A. Parks and Recreation Department - Doug Strong 1. Draft Agreement between Adventure Island Playground Organization and the City of Meridian: B. City Council Member - Bill Nary: 1. Discussion of City Council Meeting Agenda Format: 7. (Items Moved from Consent Agenda) 8. Public Hearing: PFP 03-005 Request for Preliminary I Final Plat approval of 2 building lots on 52.84 acres in an I-L zone for Jabil Subdivision by Jabil Circuit, Inc. - 1303 East Central Way: 9. Public Hearing: CUP 03-061 Request for a Conditional Use Permit for a dental office in an L-O zone for Gaudry Dental Office by Dr. Robert Gaudry - southeast comer of Millenium Way and Gala Street in Resolution Business Park: 10. Public Hearing: PP 03-040 Request for Preliminary Plat approval of 5 building lots on 3.49 acres in an L-O zone for Financial Plaza Subdivision by Idaho Central Credit Union - 2225 East Overland Road: 11. Public Hearing: AZ. 03-034 Request for Annexation and Zoning of 11.31 acres from RUT to R-8 and L-O zones for proposed Razzberry Crossing by Carl and Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: 12. Public Hearing: PP 03-039 Request for Preliminary Plat approval of 34 residential building lots, 4 professional office lots and 6 common lots on 11.31 acres in proposed R-8 and L-O zones for proposed Razzberry Crossing by Carl and Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: 13. Public Hearing: CUP 03-062 Request for a Conditional Use Permit for a Planned Development containing a mix of residential and professional office uses in proposed R-8 and L-O zones for proposed Razzberry Crossing by Carl and Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: 14. Water, Sewer, & Trash Delinquencies: Meridill11 City Council Agenda - February 3, 2004 Page 3 of3 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 8884433 at least 48 hours prior to the public meeting. FEB 0 3 200~ City Of Meridian City Clerk Office WHITE PETERSON KEvIN E. DINIUS JULIE KLEIN FISCHER WM. F. GIORAY. III T. GUY HALLAM' JILL HOLlNKA WILLIAM A. MORROW WILLIAM F. NICHOLS' CHRlSTOPIiER S. NYE WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P .A. ;~~~P:":O~E=t ATIORNEYS AT LAW NAMPA OFFICE 5700 E. FRANKLIN RD.. TERRENCE R. WHITE" SUITe 200 NICIIOU\S L. WOLLEN NAMPA, IDAHO 83687-8402 TEL. (208) 466-9272 FAX (208) 466-4405 'Also admitted in OR ,. Also admitted in W A February 3,2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: PARAMOUNT DEVELOPMENT CO., LLC / PARAMOUNT SUBDIVISION NO.3 / FINAL PLAT - (FP-03-070) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approvaI 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\Mcridian15360MIPammount Sub No.3 FP-03-070\ClcrkFPltr 0203 04.dcc BEFORE THE MERIDIAN CITY COUNCIL CIC 01/20/04 IN THE MATTER OF THE ) APPLICATION OF PARAMOUNT ) DEVELOPMENT CO., LLC FOR ) APPROVAL OF 42 SINGLE ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 3 COMMON LOTS ON ) 15.41 ACRES IN AN R-8 ZONE FOR ) PARAMOUNT SUBDIVISION NO.3, ) LOCATED EAST OF NORTH ) LINDER ROAD AND NORTH OF ) WEST McMILLAN ROAD, ) MERIDIAN, IDAHO ) ) CASE NO. FP-03-070 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 January 20, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen for the Plmming and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: January 20,2004, to the Mayor and Council, and that Brad Hawkins-Clark Associate Planner for the Planning and Zoning Department, commented at the hearing, and the Council having considered the requirements of the preliminary plat the CounciI takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING PARAMOUNT SUBDIVISION NO.3, LOCATED IN A PORTION OF SECTION 25, TAN., R.IW., B.M., MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT 1 (FP-03-070) Page 1 of5 COUNTY, IDAHO 2004, ENGINEERING NORTHWEST, LLC, BOISE, IDAHO, 03-028-00, SHEET 1 OF 3, HANDWRITTEN DATE: 12-9-2003, STAMPED DATE: DEC 192003, J:\P ARAMOUNT _ SUB3 _ 03028\Drawings\00_P ARAM3 _PLA Tl.dwg 12/9/2003", Paramount Development Co., LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen for the Planning and Zoning Department, dated: Hearing Date: January 20,2004, listing 12 SITE SPECIFIC COMMENTS 1 FINAL PLAT and 7 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their January 20, 2004 meeting as follows, to-wit: 1.1 Comply with the conditions of the Meridian Fire Department as follows: The following will be the requirements andlor concerns to provide minimum levels of fire protection for the proposed project: 1. That project which comprised of single 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 pI aced 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. The proposed fire hydrants locations will be submitted to the Public Works for plan review. The area in front of the fire hydrants will be painted red 10' to each side of the fire hydrant. ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT / (FP-03-070) Page 2 of5 4. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. 1.2 Adopt the Recommendations of the Central District Health Department as follows: The Central District Health Department requires after written approvaI 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 swaIe prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects shouId 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 ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT I (FP-03-070) Page 3 of 5 guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 967-6521. 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 20 I!::- day of ----- d~~:1 ,2004. ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT I (FP-03-070) Page 4 of 5 Attest: BY:oI~,k~ 9-. Dated: j-- 9-tJ l' Z:\Work\M\Meridian\Meridian I 5360MIParamount Sub No.3 FP-03-070\OrderFP.doc E~ "r: {~ t ORDER OF CONDITIONAL .AFPROV AL OF FINAL PLAT I (FP-03-070) Page 5 of 5 ~.\l \' V 'I IDAHO Y A J "'to . !, "(" :5 -I,>V~ r P.ll, L ' .. ".,',l.~~' t,,~ fnL;\SCA~- \! smCf ,\ HQ. ~...J \~_1 LEGAL DEPARTMENT (208) 466-9272 .Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shaun Wardle Charles M. Rountree ~ P r CITY OF..- VYleridicrn STAFF REPORT: Hearing Date: January 20,2004 From: Mayor, City Council and Planning & Zoning Commission (11 Sonya Anen, Assistant City Planner () c::.:;::::;{l Bruce Freckleton, Senior Engineering Tech ~ To: Re: Paramount Subdivision No.3 . Final'Plat approval of Forty~two (42) Single-Family Residential Building Lots and Three (3) Common Lots on 15.41 Acres in an R-8 (P.D.) Zone, by Paramount Development Company, LLC (File No. FP-03-070). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMl\1ARY The applicant, Paramount DeveIopment Company, LLC, has applied for Final Plat approval of 42 single-family residential building lots and 3 common lots on 15.41 acres of land for Paramount Subdivision No.3. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). This phase of the subdivision will have a gross density of .36 d.u.lacre and a net density of .26 d.u.lacre. The common area lots within the subdivision consist of landscape/open space lots. The pressurized irrigation system within this development is to be owned and maintained by the Paramount Homeowners Association. A Conditional Use Permit (Planned Development) was approved for this subdivision that allowed for a reduction in the minimum lot size from 6,500 s.f. to 5,500 s.f.; front setbacks reduced from 15' for living areas to 10'; street side setbacks reduced from 20' to 10'; and a reduction in street frontage from 65' to 50'. The submitted final plat is in compliance with the approved preliminary plat. EXHffiIT "A~l PAGE 1 OF4 Mayor & City Council Hearing Date: January 20, 2004 Page 2 Staff recommends approval of the final plat for Paramount Subdivision No. 3 with the comments and conditions stated in this report. LOCATION This phase of Paramount Subdivision is located approximately Y2 mile east of N. Linder Road and 12 mile south ofW. Chinden Blvd. in the center of Section 25, TAN., R.1 W. SURROUNDING PROPERTIES Phase III is surrounded on all sides by other phases of Paramount Subdivision. The parcels of land outside the boundaries of the proposed subdivision are rural residential/agricultural properties, zoned RUT (Ada County). SITE SPECIFIC COMMENTS I FINAL PLAT 1. Applicant is to meet all terms of the approved preliminary plat (PP-03-004), conditional use permit (CUP-03-008) and Development Agreement (lnst. No. 103137116). 2. The applicant has indicated that the Paramount Homeowners Association will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary 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 singIe-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. Fencing adjacent to pathways and internal open space/drainage lots is to be no more than 4' in height if solid material is used, with the allowance of a 2' lattice to be placed on top of the solid fence. Temporary construction fencing to contain debris shall be installed along the boundaries of this phase unless fencing already exists at the subdivision boundaries. 4. 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 deveIopment improvements, including perimeter fencing, EXHIBIT "A" PAGE 2 OF4 Mayor & City Council Hearing Date: January 20, 2004 Page 3 irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat. 5. 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. 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. Revise or add the foJl9wing notes to the face of the plat: (8.) Revise note to read: "Buildinl! setbacks and dimensional standards in this subdivision shall be in compliance with Conditional Use Permit (CUP-03-008) which allowed for reduced setbacks. lot sizes. and lot fronta~es. " (11.) Delete note pertaining to min. house size (no longer required on plat). (15.) Add Development Agreement Instrument No. 103137116. 8. Developer shall coordinate mailbox locations with the Meridian Post Office. 9. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and induding a 100-year stann event. (All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances.) 10. Increase the width of the Public Utilities, Drainage and Irrigation Easements to (8') eight-feet across the northeasterly side of Lot I, Block 18, Lot 1, Block 17, and Lot 1, Block 15, and the south westerly side of Lot 1, Block 14. These areas all have pressurized irrigation transmission mains within them. 11. Graphically depict (5') five-foot wide Public Utilities, Drainage and Irrigation Easements along the lots bordering the southeast subdivision boundary. These are side lot lines against future phases. 12. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat or conditional use permit does not relieve the Applicant of responsibility for EXHIDIT "A" PAGE 3 OF4 Mayor & City Council Hearing Date: January 20, 2004 Page 4 compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature 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, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5 Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline eIevations are set a minimum of three feet above the highest established normal groundwater elevation. 6. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 7. Any tree over 4" in caliper that is removed from the property shall be repIaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the finaI plat for Paramount Subdivision No.3 with the above stated comments and conditions. EXHIBIT "A" PAGE40F4 RECE FEB 0 3 2004 City Of Meridian .CiiyCle:rk Office WHITE PETERSON KEVIN E. DINIUs JULIE KLEIN FISCHER WM. F. GIGRAY. III T. Guy HAlLAM' JilL HOllNKA WllllAMA. MORROW WilLIAM F. NICHOLS' CHRISTOPHER S. NYE WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. PfIlLlPA.PETERSON ATTORNEYS AT LAW NAMPA OFFICE TODD A. ROSSMAN 5700 E. FRANKlIN RD.. TERRENCE R. WHITE" SUITE 200 NICHOLAS L. WOLLEN NAMPA. IDAHO 83687-8402 TEL. (208) 466.9272 FAX (208)466-4405 'Also admiUed in OR .. Also admitted in W A February 3,2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: HA V ASU CREEK, LLC / HA V ASU CREEK SUBDIVISION NO.4 / FINAL PLAT - (FP-03-069) 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 truIy yours, Wm. F. Nichols Z:\Work\M\Meridian\Meridian I 5360M\Havasu Creek Sub No.4 FP-03-069\ClerkFPltr02 03 04.do;: BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HA V ASU CREEK, LLC FOR APPROVAL OF 1 BUILDING LOT ON 17.72 ACRES IN AN R-4 ZONE FOR HA V ASU CREEK SUBDIVISION NO.4, LOCATED SOUTH OF EAST McMILLAN ROAD AND WEST OF NORTH LOCUST GROVE ROAD, MERIDIAN, IDAHO- - CIC 01120/04 ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-069 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 January 20,2004, and the Council finding that the Administrative Review is complete from Sonya Allen for the PlalUling and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: January 20,2004, to the Mayor and Council, and that Brad Hawkins-Clark Associate PlalUler for the Plaming and Zoning Department, and Steve Arnold, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT OF HA V ASU CREEK SUBDIVISION NO.4, A PORTION OF THE NORTH Y2 OF SECTION 31, TAN., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2003, SHEET 1 OF 2, 30704-PLT.DWG MNM 07/10103, HANDWRITEN ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT 1 (FP-03-069) Page 1 of5 DATE: 7/11/04 (this should be the year 03), STAMPED DATE: DEC 182003, HA V ASU CREEK, LLC - DEVELOPER, BRIGGS ENGINEERING, INC. - CONSULTING ENGINEERS", Havasu Creek, LLC, DeveIoper, 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: January 20,2004, listing 9 SITE SPECIFIC COMMENTS! FINAL PLAT and 7 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of three pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their January 20, 2004 meeting as follows, to-wit: 1.1 Comply with the conditions of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. That project which comprised of 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. Ifthe building is a commercial structure it shall be provided with a fire flow consistent with the International Fire Code. 2. Acceptance of the water supply for fire protection wilI be by the Meridian Water Department. 3. FinaI approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrants locations will be submitted to the Public Works for plan review. 4. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-069) Page 2 of 5 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. All fire lanes shall have a clear driving surface which has a minimum width of20'. 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 ofHeaIth and Welfare, Division of Environmental Quality for central sewage and centraI 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 stonnwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Storm water Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division OfEnviromnental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.3 Per action of the City Council taken at their January 20, 2004 meeting, the Staff report attached as Exhibit A to this Final Plat Order, has been revised and specifically item number 2 deletes the language beginning with the word "however" on the second to the last line of that paragraph and said sentence now ends at the word "buildings", and item number 7 has been deleted in its entirety. (See attached Staff report as Exhibit "A" Page 1 of3.) ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-03-069) Page 3 of5 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 wilI toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date ofthis decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-069) Page 4 of 5 By action of the City Council at its regular meeting held on the 2o-f.!; day of <T~~? , 2004. Tam de \\\\11I111I1111/1 Mayo, ,\\\\ 0"- ^/:.r::::", /111 ," -{ \ 1....l...rrfr-. 11/ Att t ,,\' ,,\ . ''Vz" 1(.;. es : ~.... U O?POt'?A)': -74- ~ .... _,0 1'/\ .. :: ~ v-::' - - dI~~~~A Y&Q #; William G. Berg, Jr., City- ler ~ "'Po vSr 1S1" ,"\ .(:.O.f .r.. "1 ~ " . 'l/~/l1 COUr>ri'f., ~ \~"" . Copy served upon ApplIcant, the Planmngian(;tt:m.1tl~':Department, PublIc Works Department, and City Attorney \\\\\111011./..".'// . \\\ F ^P- {II \,\ "-t 0 lV:':::/::;'~ 11// ,~' ~ ,.I ,:.a //.... "" () ?-POIf ~A. 'l ~ ::: c,o ~lr^'v ~ ::::.;f' '0 ~ B: ~;t~,J-. Dated 2-(l--&1-~ ~ Z:\Work\M\Meridian\Meridian 15360M\Havasu Creek Sub No.4 FP-03-069\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-03-069) Page 5 of5 3e MAYOR Tammy de Weerd ~ P / CITY OF "~. _~" "~ "\ "-/VLerldial1 '~. \' V -/ /:1 A (7 ~I1ICE \ 1903 LEGAL DEPARTMENT (208) 466-9272 -Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 ' FAX 888-6854 CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shaun Wardle Charles M. Rountree \\ \::' \,~" " (, -,,\ -, "1"lr. - 1X" I~, fHL\SUf\F. V N. .' IDAHO STAFF REPORT: Hearing Date: January 20,2004 To: Mayor, City Council and Planning & Zoning Commission Sonya Allen, Assistant City Planner JIl ~ Bruce FreckIeton, Senior Engineering Tech ~ From: Re: Havasu Creek Subdivision No.4 · FinatPlat approval of One (1) Building Lot on 17.72 Acres in an R-4 Zone, by Havasu Creek, LLC (File No. FP-03-069). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Havasu Creek, LLC, has applied for Final Plat approval of 1 building lot on 17.72 acres of land for an elementary school in Havasu Creek Subdivision. The zoning designation for the proposed school lot is R-4 (Low Density Residential). The pressurized irrigation system within this development is to be owned and maintained by Settler's Irrigation District. The submitted final plat is in compliance with the approved preliminary plat. Staff recommends approval of the final plat for Havasu Creek Subdivision No.4 with the comments and conditions stated in this report. LOCATION Havasu Creek Subdivision No.4 is located approximately ~ mile west of N. Locust Grove Road and a ~ mile south ofE. McMillan Road, in the north ~ of Section 31, TAN., R.1E. SURROUNDING PROPERTIES EXHffiIT "A" PAGE 1 OF3 Mayor & City Council Hearing Date: January 20,2004 Page 2 North: Crestwood Subdivision, rural residential subdivision containing 5-acre lots, zoned RUT. South: Cobre Basin Subdivision No.2, zoned R-4. East: Havasu Creek Subdivision No.3, zoned R-4. West: Cobre Basin Subdivision No.1, zoned R-4. SITE SPECIFIC COMMENTS I FINAL PLAT 1. Applicant is to meet all terms ofthe approved preliminary plat (PP-02-019). 2. The applicant has indicated that Settler's Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a back-up year-round source of water. The existing system as constructed utilizes a single-point connection to the City of Meridian domestic water main. It is not our intention to supply domestic City water for the irrigation of large expanses of grass area such as the playground of the elementary school. The City of Meridian Public Works Department will work with the Meridian School District on i~~ own independent backup connection for the smaller landscaped areas that typically surround the school buildings., hov;cvCf the playground areas \'lill not be allowed to utilized the back up single point connection. (Per action of the City Council taken at their January 20,2004 meeting.) 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including perimeter fencing, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat. 5. Sanitary sewer and municipal water service to this site shall be via extensions from existing mains. The applicant, and/or their assigns will be responsible to construct the sewer and water mains to and through this proposed lot. The Subdivision designer is 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. 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. Include the instrument number on the face of the plat for the 25' public utilities and irrigation casement that runs around the perimeter of the paroeL (Per action of the City Council taken at their January 20,2004 meeting.) FP-03-069 Havasu Creek Sub4.FP.doc Mayor & City Council Hearing Date: January 20, 2004 Page 3 8. Correct the year of recordation on the face of the plat to read "2004." 9. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve the Applicant of responsibility for compIiance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or Iateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approvaI can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to finaI plat signature 2. Any existing domestic wells and/or septic systems within this project will have to be removed from theiri19mestic 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, high-pressure sodium streetlights will be required at locations designated by the PubIic Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5 Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 6. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 7. Any tree over 4" in caliper that is removed from the property 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for Havasu Creek Subdivision No.4 with the above stated comments and conditions. FP-03-069 Havasu Creek Sub4.FP.doc DELINQUENCY FOR TURN OFF SCHEDULED FOR February 4, 2004 CYCLE 2 ,.,.;z MAYOR: This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 P.M. Tuesday, February 3, 2004, before the Mayor and City Council, to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on February 4, 2004 unless payment is received in full. Is there anyone present who wishes :to.C0ntesti his or her water, sewer and: trash delinquency? (No response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the tum-offlist is $23,120.22 ( CITY OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers Feb 03, 2004 02:46pm Current period: 02/05/2004 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Terminated customers not included Customer.Cust No 0" {<} 880000001 Customer. Bill Cycle" 2 Last Pmt Last Pmt Cust No Name Balance Non-Delinq 12/20/2003 11/20/2003 10/20/2003 Date Amount 18.42.2992.4 ABLEMAN, DOUG & ANGELA 76.56 40.16 36.40 11/25/2003 132.61 . 17.34.1106.3 ADAMS, CYNTHIA 36.80 35.16 1.64 01116/2004 37.44 - 16.32.0536.2 AINGER. DAVID 65.56 51.44 14.14 01/26/2004 100.00 - 8.08.0116.2 ALCORN. JEFFREY 196.42 77.30 119.12 01/09/2004 116.60 - 14.19.1632.2 ALDERETE, RICHARD 33.90 25.12 8.78 07/22/2003 75.00 - 16.31.3422.1 ALLEN, SEDENA 94.05 50.20 42.66 1.17 01/06/2004 45.00 - 15.22.1516.1 ALLERT. DAVID & KRIS 118.23 57.72 60.51 02/02/2004 50.00 - 15.15.0110.2 ALTA 115.36 76.44 38.92 01/07/2004 41.90 - 17.34.2730.1 ALVEREZ, ROSALIO 99.04 32.64 66.40 12/03/2003 159.09 - 15.21.2780.2 ANDERSON, ALTON & MARDEN 40.24 20.12 20.12 12/15/2003 38.60 - 15.21.0566.1 ANDERSON, JAMES 46.48 21.36 25.12 12/02/2003 92.06 - 16.32.1434.5 ANDERSON, LADELL 57.76 26.68 28.88 12/02/2003 53.18 - 15.22.1482.1 ANDERSON. LYLE D. 79.24 61.48 17.76 12/17/2003 196.50 - 15.15.0516.2 ARCHIBALD, BEN & JAMIE 128.18 38.92 65.16 24.10 12/17/2003 57.00 - 15.21.1708.1 ARTE, MICHELLE & RICK 67.94 46.44 21.50 01/21/2004 54.94 - 17.33.0766.1 ASPEN HILLS APARTMENTS 1,735.19 874.58 859.97 .64 01/16/2004 859.97 - 16.32.0100.2 ASPEN WEST PROPERTIES, LL< 94.70 55.20 36.40 3.10 01/06/2004 36.40 - 18.42.2141t1 AZARY,SUSAN 56.88 28.88 30.00 12/18/2003 91.04 - 17.34.1516.2 BACHMANN. LEVI 51.49 51.44 .05 01/22/2004 40.11 - 16.32.0612.2 BAH, MUNTAGA & NAFFIE 115.46 76.53 38.93 12/10/2003 .",,51'.19 - 15.21.0052.1 BALDWIN,' ROBERT 177.40 83.63 93.77 01/06/2004 41.70 - 18.42.1904.1 BANKHEAD, MARIE 49.14 24.57 24.57 12/10/2003 46.95 - 18.42.1202.1 BANNER, SCOTT 70.32 38.92 31.40 12/02/2003 54.15 - 18.43.2448.2 BARON, KONA & MICHELLE 166.96 107.84 59.12 01/07/2004 57.16 . 15.21.3036.2 BARR, GERALDINE 120.40 45.20 75.20 01/07/2004 42.58 - 15.21.0464.1 BARR, JERROD F 55.52 50.20 5.32 01/21/2004 60.00 - 18.42.3068.1 BAUDER, KEN 111.60 42.68 66.92 12/17/2003 77.64 - 16.42.2280.3 BEHLER, ERIC 74.08 42.68 31.40 01/06/2004 44.48 - 17.33.2316.1 BELL, RICHARD 309.60 66.40 243.20 01/07/2004 112.82 - 17.33.1828.1 BELL, RONALD & JULIE 65.28 32.64 32.64 01/06/2004 42.94 - 16.32.0922.3 BENSON, DOUG & SANDRA 65.28 32.64 32.64 01/06/2004 39.18 - 9.09.9034.2 BERNARD, SCOTT 65.36 42.68 22.68 01/06/2004 82.81 - 15.21.0130.1 BESKER, GLORIA 149.20 91.48 57.72 01/07/2004 58.86 - 18.42.1798.1 BETTENCOURT, RICHARD 136.64 66.48 70.16 12/1712003 90.85 - 15.21.0154.2 BITTICK. BRIAN 148.94 92.72 56.22 01107/2004 60.00 - 14.19.0320.2 BLOCK. MARGARET 53.12 25.12 28.00 01/06/2004 26.00 - 15.22.2390.3 BLUMENSHINE, BRIAN 54.00 28.88 25.12 12/12/2003 25.61 - 17.33.4154.3 BOBKO, RAYMOND 48.92 43.92 5.00 01/29/2004 22.50 - 16.31.0512.1 BOKMAN, HELEN 136.64 85.20 51.44 01107/2004 54.38 - 14.19.0152.2 BOND, BARBARA 50.24 25.12 25.12 12/12/2003 49.25 - 17.34.1318.2 BOOHER, CRAIG & DANA 129.20 74.00 55.20 01/06/2004 57.48 - 18.42.1824.2 BORTLES, ALLEN 57.76 28.88 28.88 12/02/2003 32.64 - 15.21.2068.2 BOUNXAYSANA.PHOUKHONG 95.20 43.92 36.40 14.88 10/24/2003 60.00 - 17.34.1880.2 BOUR, SHANNON 81.60 42.68 38.92 01/06/2004 39.92 - 16.32.1372.2 BOYD, JAMES 107.92 57.72 50.20 01/06/2004 52.16 - 16.32.0926.1 BRIGGS, NADINE 165.62 68.96 76.66 01/07/2004 55.40 - 14.14.3656.2 BRISTOL, DUSTIN & SHELLY 40.24 35.16 5.08 02/03/2004 30.00 - 15.21.0006.1 BROMET, PAUL 50.54 50.20 .34 01/21/2004 50.20 - 15.22.1950.2 BROWN. ALLISON 46.24 42.66 3.56 01/27/2004 40.00 - 15.22.1614.2 BROWN. REBECCA 218.70 38.92 65.16 114.62 12/18/2003 63.74 - ... in Msg column indicates no Notice is to be sent (:;>. CITY OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers Feb 03, 2004 02:47pm Current Period: 02/05/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 12/20/2003 11/20/2003 10/20/2003 Date Amount 15.21.1658.2 BROWNlEE, DEANN 79.23 51.44 27.79 01/06/2004 150.00 . 16.32.0732.2 BRUNGER, DWAYNE & LINDA 294.77 174.20 95.16 25.41 01123/2004 30.00 . 18.42.2718.3 BRYANT, JOHN 35.20 17.60 17.60 12/02/2003 22.34 . 9.09.9040.2 BRYNGELSON, MATTHEW & STI 76.56 40.16 36.40 01/06/2004 40.98 . 15.21.0510.2 BUNCH, NANCY 145.44 57.72 87.72 12/17/2003 150.06 . 14.19.5494.5 BURCHFIELD. DARRELL 66.56 35.16 31.40 12/24/2003 44.48 . 14.19.6498.5 BURCHFIELD, DARRELL 70.40 45.20 25.20 01/21/2004 50.00 . 14.19.7150.2 BURCHFIELD, DARRELL 47.40 42.68 4.72 01/21/2004 30.00. 15.15.0750.2 BURGESS, ALAN & STEPHANIE 69.04 40.16 28.88 15.22.2524.2 BURTON, LONNY & ANNE 91.28 50.20 41.08 01/02/2004 50.00 . 15.15.0844.1 C W CONSTRUCTION 16.44 11.00 5.44 15.21.0522.1 CALWELL, MARC 118.43 46.44 38.92 33.07 12/30/2003 40.00 . 14.19.7158.2 CAMPBELL, BENJAMIN 72.80 40.16 32.64 12/02/2003 108.09 - 8.08.1050.2 CAMPBELL, EDWARD & JEANNI 56.06 54.26 1.80 12/11/2003 91.76 - 18.42.1184.1 CAMPBELL, HARVEY AND LEOr-. 59.76 42.68 17.08 01/08/2004 40.00 - 15.22.1050.1 CANON, BILL & BETSY 50.02 46.44 3.58 01/21/2004 104.00 - 18.42.0258.1 CAPITOL CHRISTIAN CENTER 3,312.81 1 ,236.89 2,075.92 01/27/2004 269.34 - 17.34.1808.2 CARPENTER,DOUGLAS 119.12 76.44 42.68 01/07/2004 45.62 . 17.34.0942.3 CARR. ERIC & MCGEE SARA 87.84 47.68 40.16 01/06/2004 50.78 - 15.22.1160.3 CARSON, JEFFERY & PAMELA 91.52 58.88 32.64 01/07/2004 75.14 - 15.21.3130.2 CARSTENSEN, LUCINDA 196.38 57.72 50.20 88.46 01/13/2004 65.00 - 15.22.1736.2 CASH, RONALD 54.00 28.88 25.12 12/18/2003 97.90 - 15.21.1402.2. CHAPMAN, JAMES 135.31 58.96 76.35 01/06/2004 . 60.00 - 15.22.1424.1 CHAVEZ,ROBERTO 65.34 65.24 .10 01/2112004 .'65.24 - 14.14.3476.2 CHRISTIAN. RICK 55.28 27.64 27.64 12/31/2003 .' 38.76- 14.20.3046.3 CHRZ, OPAL 50.24 28.88 21.36 ".. 16.32.1278.1 CHURCH, LARRY 61.34 17.60 21.36 22.38 12/17/2003 38.00 - 16.31.3282.2 CLAJUS, ALMA 73.60 30.00 43.60 11106/2003 45.43 - 18.42.2752.1 CLAY, STEVEN 55.19 50.20 4.99 12/24/2003 96.55- 15.21.2214.4 CLEVELAND. RICHARD & KAREl 169.44 169.44 09/04/2003 109.08. 10.10.1028.2 CLYDE, TIFFANY 91.60 51.44 40.16 12/15/2003 210.97 - 13.13.5018.2 CLYNE, STEVEN & BRENDA 63.94 36.40 27.54 01/06/2004 50.00 - 15.22.2104.2 COE, JEFFREY 59.04 31 .40 27.64 12/10/2003 35.16. 15.21.1766.1 COFFMAN, RICK K. 91.60 51.44 40.16 01/06/2004 48.82 . 15.21.2934.4 COLBRY, ROGER 151.76 85.28 66.48 15.22.2426.2 COMPTON, HEATH 32.94 32.64 .30 01113/2004 31 .64 - 17.33.2566.2 CONNELL. EDWARD 110.45 43.92 40.16 26.37 01/21/2004 50.00 - 14.19.0138.1 CONRAD. ROSS 57.76 26.88 28.88 12/04/2003 57.76 - 17.34.1298.1 COONCE. ALLIE 99.12 58.96 40.16 12/02/2003 1 75.25 - 15.22.2352.2 COONROD, NATHAN & VANNES 41.96 40.16 1.80 12/05/2003 77.70 - 17.33.2328.1 COPELAND. WILLIAM 111.68 61.48 50.20 12/16/2003 56.90 - 16.31.3420.1 COUCH. JULIA 93.24 66.40 26.84 01/07/2004 40.00 - 15.22.0960.2 CRANER, DON 134.24 72.76 61.48 01/06/2004 100.58 - 9.09.9136.1 CRESTWOOD CONSTRUCTION 43.36 28.88 11.00 3.48 16.32.0714.2 CRUZ. EDUARDO & MARCIA 77.76 72.76 5.00 02/03/2004 52.72 - 16.31.3336.1 CRYER. JUDITH 46.48 25.12 21.36 12/15/2003 70.82 - 15.21.1918.1 CULVER, JAMES 118.92 76.44 42.48 01/07/2004 42.00 - 6.06.1930.1 CUPP. SHAD & BECKY 133.78 31.95 82.59 19.24 12/17/2003 70.00 - 16.31.1678.1 D'AMBROSIO, BARBARA 79.14 54.57 24.57 01/14/2004 34.87 - 14.14.3636.2 DANIELS, RICHARD & JOANNE 124.92 90.16 34.76 02102/2004 70.16 - 17.34.1040.2 DAVIS, JAMES & BRENDA 72.76 51.44 21.32 12/16/2003 74.30 - 15.22.2410.2 DAVIS, RICHARD & JOANNE 51.52 27.64 23.88 12/02/2003 37.94 - 15.21.0454.3 DAWDY, DEBRA & CALVIN C/O 55.28 27.64 27.64 01/2112004 29.44 - 17.33.0282.1 DAY, ETHEL 61.52 28.88 32.64 11/21/2003 94.35 - 15.21.3070.1 DECK. KIMBERLY 101.24 55.20 46.04 01/06/2004 60.00 - ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquen t Account List- counc]1 Page: 3 Standard Payment Customers Feb 03, 2004 02:47pm Current Period: 02/05/2004 No Delinquent Minimum AmountDelinquent Balance Last Pm! Last Pmt Cust No Name Balance Non-Delinq 12/20/2003 11/20/2003 10/20/2003 Date Amount 18.42.3078.1 DELAMERE, BRAD 33.20 20.12 13.08 11/12/2003 34.18 - 16.32.1098.2 DERRICK. ARTHUR J & LAURA; 77.66 62.64 15.02 01/08/2004 55.00 - 18.42.0428.3 DIEDERICH, SHERYL 50.24 25.12 25.12 12/16/2003 40.00 - 17.33.2584.1 DIXON, COLETTE 87.76 40.16 47.60 12/11/2003 154.69 - 6.06.2014.2 DOKE, BRIAN & SHARON 73.50 43.39 30.11 12/16/2003 64.80 - 15.21.1062.4 DONALDSON,DONNA 136.72 85.28 51.44 01/06/2004 69.58 - 17.33.2612.6 DONALDSON, NEAL 161.52 52.64 58.88 38.20 11.80 01/06/2004 31.12- 17.33.2594.2 DONALDSON. NEAL 114.64 72.68 41.96 01/08/2004 50.00 - 18.42.1200.1 DOOLEY. DAVID & LESLIE 89.12 46.44 42.68 01/06/2004 43.82 - 17.34.0628.1 DOROUGH. MICHAEL 63.98 51.44 12.54 01/12/2004 50.00 - 17.34.0398.1 DUNCAN, RICHARD 91.60 51.44 40.16 12/15/2003 75.03 - 14.14.9056.2 DUSTIN. MYLES 169.32 47.60 47.60 37.06 37.06 15.22.1418.2 EARLS, SCOTT & SHIRLEY 111.68 95.24 16.44 01/07/2004 56.90 - 18.42.2598.2 EASTBURN. GARY 119.10 65.24 53.86 01/14/2004 60.92 - 6.06.8997.1 EDINBURGH PLACE, HOA 10.44 6.96 3.48 01/06/2004 3.48- 16.31.3034.1 EDWARDS, MARILYN 87.76 58.88 2a.a8 01/08/2004 49.26 - 15.22.1502.2 EDWARDS, ROBERT 165.60 86.56 79.04 01106/2004 80.34 - 17.33.1400.2 ELCOX, DAVID 193.12 104.08 89.04 12/11/2003 186.02 - 15.21.3164.2 ELEOPOULOS. JAMES 150.19 32.78 117.41 12/17/2003 168.34 - 8.08.1106.2 ELLIS. AMY 177.86 30.00 71.91 39.02 36.93 01/29/2004 40.00 - 17.34.0592.1 ELLIS. TODD & DANA 84.03 81.44 2.59 01107/2004 100.00 - 10.10.0108.3 ELLSWORTH. MEGAN & JONES, 61.16 35.16 26.00 01/06/2004 31.40 - 15.22.1634.1 ERICKSON. EVA LOUISE 104.00 53.88 50.12 '.' 01/16/2004 34.18 - 16.31.0436.3 ESTACIO. ELAINE 36.50 36.40 .10 .j 01/14/2004 32.64 - 15.21.1172.4 FALK, RICHARD 119.84 99.00 20.84 :' . 02/02/2004 100.00 - 15.15.0104.2 FELKINS, DAN & YOLANDA 70.32 35.16 35.16 01/06/2004 35.16 - 18.42.0466.2 FISCHER, DAVID 107.48 106.52 .96 ' 01/3012004 53.00 - 16.16.3640.2 FITZEN. LARAE & LINDA 85.96 42.68 42.68 .60 01/12/2004 50.00 - 17.34.1162.1 FLESCHER, BRUCE 36.48 36.40 .08 01/06/2004 28.80 - 15.15.0010.2 FOWLER, ROBERT & KERRI 141.76 80.28 61.48 01/14/2004 54.28 - 15.22.2600.3 FOX, GARY & BEVERLY 41.14 40.16 .98 12/16/2003 64.30 - 15.21.2828.1 FRIEND, RICHARD 70.32 27.64 42.68 12/15/2003 76.86 - 17.33.4258.1 FROSTROM. STEVE & TERRI 54.97 51.44 3.53 01/21/2004 70.00 - 16.32.1542.1 FUHRMAN. JOSHUA 120.50 86.40 34.10 01/26/2004 60.00 - 16.31.2250.1 GARCIA, ANOTONIO 143.78 83.96 59.82 01/07/2004 100.00 - 14.20.1284.2 GARDNER. VINCE 122.30 65.24 57.06 12/16/2003 121.00 - 17.33.2302.1 GARRARD. DALE 69.04 36.40 32.64 01106/2004 34.60 - 14.20.1726.1 GARRIGUS. SCOTT 238.56 111 .48 127.08 01/07/2004 100.00 - 15.22.0326.1 GARRISON. ROBERT W. 128.72 69.00 57.72 12/15/2003 112.80 - 15.15.0644.2 GARVALDON. RONALD 76.56 40.16 36.40 01/06/2004 35.42 - 17.34.1900.1 GATES. SANFORD E. 61.52 32.64 28.88 11/26/2003 28.88 - 17.34.2896.2 GAYTHWAITE, LARRY & TAMI 42.20 36.40 5.80 01/06/2004 60.00 - 15.21.1422.3 GELARDO, MICHAEL & LORI KA' 87.84 43.92 43.92 12/01/2003 124.08 - 16.31 .3534.1 GERHIG, CHARLES & PATTI 72.86 43.92 28.94 01/12/2004 40.00 - 15.15.0636.3 GERONILLA. ENORME & CANDP 470.62 165.33 213.12 92.17 11124/2003 105.00 - 15.22.1652.2 GLORFIELD. VARONA 43.82 42.68 1.14 02/03/2004 42.68 - 17.33.2388.1 GLUCH. SCOTT 50.24 28.88 21.36 01/06/2004 56.78 - 9.09.9102.1 GNG 24.56 17.60 3.48 3.48 15.22.1622.4 GOHR. DOUGLAS 77.84 38.92 38.92 12/1 0/2003 98.42 - 15.22.1520.1 GOLD, JOHN 137.24 47.60 17.60 72.04 10103/2003 309.59 - 17.33.4274.1 GOLDENFEATHER REALTY 188.26 186.26 02/18/2003 48.00 - 17.34.1240.1 GORE. JOSEPH 71.00 36.40 32.64 1.96 12/29/2003 34.44 - 18.42.2578.2 GORE, WILLIAM 209.44 42.68 166.76 12/31/2003 75.84 - 16.32.1256.2 GRASS. JOYCE 36.19 17.60 18.59 01/06/2004 51.00 - 16.32.0806.3 GREEN, JAMES & ANGELA 76.58 40.16 36.40 ... in Msg column indicates no Notice is to be sent i ( CITY OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers Feb 03, 2004 02:47pm Current Period: 02105/2004 No Delinquent Minimum AmountDelinquent Balance Last Pm! Last Pmt Cust No Name Balance Non-Delinq 12120/2003 11/20/2003 10/20/2003 Date Amount 17.34.2126.1 GRIGG, DANA K 63.35 36.40 26.95 01/06/2004 45.00 - 15.15.0055.2 GRIZZLE, BILL 96.64 50.20 46.44 01106/2004 52.00 - 15.21.1734.2 GROAT, STEPHANIE 157.92 99.08 58.84 01106/2004 70.00 - 15.22.1398.1 GROOM, TERRY 65.50 65.24 .26 01121/2004 57.00 - 15.21.0462.3 GUNNARSON, HOWARD & RUn 220.50 126.10 94.00 .40 01/07/2004 36.00 - 8.08.1044.2 GURRERO, CHRISELDA 94.42 54.26 40.16 12116/2003 41.96 - 14.20.1478.2 HAKE. KAREN 85.36 42.68 42.68 12112/2003 74.90 - 18.43.0176.2 HALEY, AMOS & REGINA 40.88 38.92 1.96 01/15/2004 35.16 - 15.21.0058.2 HALEY, STEVE & STEPHANIE 88.92 42.68 46.24 01/0612004 45.00 - 16.31.0448.4 HALL, JANET 159.06 85.20 73.86 01/0712004 60.00 - 14.19.0164.1 HALL, MARY ANN 54.00 28.88 25.12 01106/2004 25.12 - 16.32.1086.1 HAMMER, DENNIS 52.80 52.72 .08 01/06/2004 41.10- 14.14.3640.2 HANSEN, ROBERT & MARY C/O 66.56 35.16 31.40 12130/2003 30.58 - 17.33.2368.2 HARNECK, KARl 76.28 40.16 36.12 01106/2004 27.00 - 18.42.1820.1 HARRINGTON-BLACK, JODY 72.64 46.44 26.20 01121/2004 40.00 - 15.22.2590.2 HART, JULIE 74.08 31.40 42.68 15.22.0860.4 HARTMAN, BRUCE 109.90 55.20 43.92 10.78 01/06/2004 43.92 - 15.21.1776.2 HARTSOOK, HOWARD 170.18 52.64 52.64 32.94 31.96 11/1712003 34.71 - 17.34.3234.2 HATCH, GARY 57.76 28.88 28.88 01/0612004 34.60 - 15.21.2256.1 HATCHER, RICHARD 56.12 27.64 27.64 .84 12/1612003 60.00 - 17.34.1702.1 HEDRICK, WENDY 83.01 32.64 43.92 6.45 01106/2004 70.00 - 15.22.0910.3 HENDERSON, SEAN 141.68 50.12 20.12 71.44 12/1212003 84.18 - 9.09.0252.1 HERITAGE HOMES 10.72 , 7.24 3.48 3.03.5338..1 HERITAGE HOMES 14.20 10.72 3.48 17.34; 1536.1 HERNANDEZ, WILLIAM 59.12. 58.96' .16 01/06/2004 104.52 - 16.32.0458:2 HERRELL, JACQUELINE 111.68 65.24 46.44 12131/2003 60.98- 16.31.0248.1 HEUGHINS, RUSSELL S. 69.04 40.16 28.88 01/06/2004 44.74 - 16.31.0490.1 HEYDEN,ROBERT 207.28 38.91 42.67 125.21 .49 08/21/2003 274.92. 14.14.1050.1 HIGH DESERT 28.32 17.60 7.24 3.48 14.14.1008.1 HIGH DESERT CONSTRUCTION 132.60 55.12 17.60 59.88 11/18/2003 4.46 - 9.09.9014.1 HIGH DESERT CONSTRUCTION 47.49 17.60 29.89 11/18/2003 33.48 - 17.34.1640.3 HIGHBARGER, MICHAEL & LIND 96.40 95.24 1.16 01/26/2004 128.00 - 17.34.1870.2 HILL, RONIE & CARLA 96.64 53.96 42.68 01/0212004 55.10 - 18.42.2138.3 HILLMAN, MARY 57.76 32.64 25.12 12/11/2003 42.94 - 16.31.0478.1 HIRAHARA, ED 243.93 140.43 103.50 01115/2004 200.00 - 14.20.1666.2 HOGUE, ELLEN & PHILLIP 121.36 61.40 59.96 01/07/2004 50.00 - 1 7.33.4346.1 HOLLOWAY, PAIGE 45.39 27.64 17.75 01113/2004 10.00 - 18.42.2342.1 HOLMES, BRAD 116.72 64.00 52.72 01/06/2004 67.26 - 15.21.1928.2 HOLMES, MICHAEL & LAURIE 107.84 38.92 68.92 12103/2003 189.74 - 16.31.3056.2 HOME BUYERS GROUP LLC 89.12 42.68 46.44 12104/2003 39.08 - 7.40.0206.3 HONEYCUTT, H.P. & WENDY 116.46 70.02 46.44 12115/2003 97.78 - 14.20.1556.1 HOOVER, L YND 131.84 37.78 56.78 37.28 11/19/2003 118.50 - 16.32.0530.3 HOOVER, L YND 132.81 46.45 35.17 51.19 11/21/2003 149.16- 16.31.3458.1 HOPKINS, DARRYL 87.14 46.44 40.70 01/06/2004 45.00 - 16.32.0482.1 HORTON, EVERETT 140.62 88.96 51.66 01107/2004 70.00 - 18.42.1860.3 HUFFAKER, ROBERT 85.36 42.68 42.68 12/16/2003 100.00 - 15.21.1960.1 HUMPHREYS, LARRY 445.51 129.08 20.12 53.46 242.85 11/18/2003 80.00 - 17.34.2100.1 HUNT, RADELL 87.84 43.92 43.92 01/0912004 68.16 - 15.15.0048.3 HUNTER,PAUL 106.56 73.92 32.64 01/07/2004 56.12 - 8.08.1296.2 ISAACS, CAROLYN 65.16 40.04 25.12 16.32.1296.1 ISBERG, DONALD G. 88.50 88.49 .01 01/06/2004 77.21 - 10.10.1080.2 ITZHAKOV, YURI & KRISTI 60.02 57.72 2.30 01/21/2004 25.00 - 15.21.2894.1 JACKSON, JEFF 81.60 38.92 42.68 12129/2003 38.92 - 18.42.1934.4 JACOBSEN, FRANK 112.38 46.44 65.94 01/2212004 20.00 - 16.32.1552.1 JAKOMEIT, MICHAEL 81.96 39.02 42.94 11/24/2003 43.79 - ... in Msg column indicates no Notice is to be sent /,-:-. CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Feb 03, 2004 02:47pm Current Period: 02105/2004 No Delinquent Minimum AmountDelinquent Balance Last pmt Last Pmt Cust No Name Balance Non-Delinq 12/20/2003 11/20/2003 10/20/2003 Date Amount 17.33.0396.1 JAMES COURT APTS 105.14 67.71 37.43 01/07f2004 15.24 - 10.10.0662.2 JANOTHO, STEVE & LINDA 87.84 47.68 40.16 12/23/2003 3.92 - 6.06.1428.1 JC CONSTRUCTION 45.38 15.77 7.55 7.55 14.51 17.34.2102.2 JEFFS, RICHARD 57.76 28.88 28.88 12116/2003 35.74 - 15.21.1912.1 JENKINS, DWIGHT 271.47 51.44 55.20 61.40 103.43 11/24/2003 140.00 - 16.32.1622.1 JENKINS, LELAND 87.84 47.68 40.16 01/02/2004 44.08 - 16.31.0736.1 JENKINS, PHOEBE 43.57 17.05 20.81 5.71 10/20/2003 128.80 - 16.32.1140.2 JEPPSON, K ANN 64.04 35.16 28.88 12/11/2003 40.00 - 18.42.0374.3 JOHNSON, DORTHY & REX 116.46 58.96 47.68 9.82 01/15/2004 50.00 - 15.21.0096.1 JOHNSON, TIMOTHY 66.76 42.68 24.08 01/06/2004 50.00 - 15.22.0330.1 JONES, ELDON & LORI 145.44 91.48 53.96 01/07/2004 75.52 - 17.33.3572.1 JORDAN, KATHY 123.15 92.75 30.40 01107/2004 100.00 - 16.32.0522.2 JUHASZ, DON C. 127.70 81.44 46.26 01/07/2004 80.00 - 6.06.9040.1 K CROFTS CONSTRUCTION 56.34 33.75 22.59 12/16/2003 41 .39 - 15.21.0028.2 KEENEY, DONLAN & ELlSABEH 106.46 68.92 35.16 2.38 01108/2004 20.00 - 17.33.2356.1 KENNEDY, BRIAN 72.81 36.40 36.40 .01 01107/2004 38.35 - 16.32.1270.3 KENNING, JENNIFER 92.94 42.68 50.26 01/28/2004 30.00 - 15.21.2709.1 KENTFIELD HOMEOWNERS AS~ 6.96 3.48 3.48 01/16/2004 111.28 - 15.21.2671.1 KENTFIELD HOMEOWNERS AS~ - 6.96 3.48 3.48 01/16/2004 48.56 - 18.42.1810.2 KESTER,ROBERT 115.76 46.44 68.92 .40 01/06/2004 75.00 - 14.19.4456.3 KHOCHAY,YURY 65.28 32.64 32.64 12/03/2003 42.94 - 17.33.4348.1 KINGSTON, CHARLES 121.60 77.68 43.92 01107/2004 46.26 - 8.08.0310.2 KNOTTS, CHESTER 82.16 45.76 36.40 01/06/2004 38.04 - 14.20.1324.2 KOEHN, BRIAN 44.90 43.92 .98 -1 12/02/2003 65.28 - 15.21.2106.4 KOUBA. WARREN 79.34 36.40 42.94 11/26/2003 . 40.98- 14.19.6642.1 KRENZ. ROY 141.60 42.68 98.92 c, 12/1712003 75.47 - 16.32.0512.2 KRUSE,BRENDA 46.48 25.12 21.36 01/0212004 49.26 - 15.15.3004.1 LAHONTAN HOMES 163.04 141.68 21.36 12/15/2003 24.84 - 15.21.1940.3 LANCE. EDWARD & DELOY 130.56 50.20 80.36 01/06/2004 60.00 - 14.20.0208.2 LANGEVIN, MICHAEL & DARCIE 59.04 27.64 31.40 12101/2003 82.42 - 18.42.1782.1 LANSING, DANETTE 35.20 17.60 17.60 12111/2003 61.99 - 17.33.0056.2 LAU SONYA & YUEN-TUNG 197.25 78.99 90.27 27.99 13.13.9078.2 LEBEAU, CRAIG & KELCEE 91.52 32.64 58.88 12118/2003 80.00 - 16.31 .0688.2 LEE, TRACIE 51.52 27.64 23.88 12/29/2003 30.58 - 14.19.1570.2 LEHOSIT, RICHARD & MERRIL YI 213.94 30.00 71.91 37.06 74.97 6.06.2020.2 LEITER, JOHN & CANDICE 59.28 36.69 22.59 17.33.2396.2 LEVERONI, DAVID & CAROL 35.20 17.60 17.60 17.34.0252.2 LINDSAY, CATHERINE 35.20 17.60 17.60 12/12/2003 21.36 - 18.42.2520.1 LOCKYER, MERRIE 112.71 72.76 39.95 01/06/2004 60.00 - 16.32.0754.2 LONG,LUJEAN 141.68 50.20 91.48 12/17/2003 151.70 - 15.15.0025.2 LONGSTREET,GARRETT 55.28 27.64 27.64 01/14/2004 54.34 - 15.21.1832.2 LOVAN, WALLACE II & KAROLEE 91.22 31.40 31.40 28.42 01/06/2004 57.00 - 17.33.2340.3 LYON, CHRIS & TAMMY 134.16 102.76 31.40 01/16/2004 150.00 - 15.22.1724.1 MACHADO, DAVID 50.02 25.12 24.90 12/16/2003 104.00 - 14.20.1316.2 MAHANEY, TOM & PATTI 100.32 31.40 68.92 12/17/2003 144.56 - 16.32.0906.1 MALMSTROM, JEFF AND SUSA~ 202.80 82.64 70.16 50.00 01/08/2004 65.15 - 17.34.2808.1 MANN, KEVIN & VIVIAN 82.34 81.52 .82 01/23/2004 70.00 - 8.08.1058.2 MANWARNING, JOSHUA & JONI 109.53 59.98 47.68 1.87 01/06/2004 44.00 - 17.34.1472.1 MARKHAM,RON 92.88 50.20 42.68 01/06/2004 49.22 - 15.21.1760.1 MARKLE, JAMES 110.94 2.52 108.42 02/13/2003 47.55 - 17.34.0576.4 MARTIN, JAMES 78.54 51.44 27.10 01/08/2004 48.00 - 18.42.1206.1 MARTIN, LOREN 59.04 27.64 31.40 12/15/2003 67.38 - 15.21.1400.4 MARTINEZ, CHRIS & CARMEN 72.80 36.40 36.40 12/12/2003 42.94 - 6.06.9236.1 MASSEY, WADE 52.58 29.99 22.59 01/06/2004 12.45 - 16.31.3474.1 MCDONALD. SHAWN 87.76 28.88 58.88 12118/2003 76.98 - ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers Feb 03, 2004 02:48pm Current Period: 02/05/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 12/20/2003 11/20/2003 10/20/2003 Date Amount 16.31.0814.2 MCDOUGAL. MIKE 54.04 36.40 17.64 01/15/2004 15.00 - 6.06.1258.2 MCGERTY, JAMES & KATHY 57.32 34.73 22.59 12/10/2003 48.12 - 14.14.3554.2 MCKINLEY, JACQUELINE 63.54 35.16 28.38 01/06/2004 35.00 - 15.21.1158.3 MCKINLEY, JUNE 8.39 4.46 3.93 12/15/2003 88.81 - 17.33.2556.1 MCLEAN. BRANDON 48.18 47.68 .50 01/30/2004 40.00 - 18.42.4048.1 MEISENHEIMER, GORDON 61.52 32.64 28.88 12/11/2003 35.42 - 17.33.2538.1 MENDOZA, GEORGE & ELlZABE 114.16 70.24 43.92 12/15/2003 503.44 - 9.09.1000.1 MERIDIAN SCHOOL DISTRICT 42.28 34.73 7.55 16.31.0494.2 MESZAROS, LILLI 122.88 46.44 76.44 01/06/2004 51.18 - 16.31.2310.2 MEYER,SHERYL 99.63 35.98 63.65 11/18/2003 10.00 - 18.42.2084.1 MIDDLETON, J.R. 119.12 50.20 68.92 12/17/2003 206.98 - 16.31.3414.1 MILLER, CHARLES & SHELLEY 169.04 129.08 39.96 01/07/2004 100.00 - 16.31.0568.2 MILLER, NEIL 61.52 32.64 28.88 12/23/2003 40.71 - 16.32.1108.2 MILNER, BRIAN 72.80 36.40 36.40 12/22/2003 102.20 - 17.33.0241.1 MOC LLC 54.00 28.88 25.12 12/02/2003 61.68 - 17.34.0580.1 MOFFAT, ROBERT 65.28 36.40 28.88 12/11/2003 65.28 - 14.20.1652.2 MOLEBASH, JOHN & MONICA 91.60 47.68 43.92 01/06/2004 93.06 - 17.33.4264.3 MOMA, MICHAEL 109.12 41.44 67.68 12/17/2003 82.88 - 18.42.1836.3 MONROE, BUD 82.56 72.76 9.80 02/02/2004 50.00 - 15.22.2088.2 MOODY, SHAIN 89.29 28.88 32.64 27.77 01102/2004 34.44 - 14.19.0102.1 MORGAN, LONNIE 44.00 20.12 23.88 12/16/2003 31.56 - 14.19.1300.2 MORRIS, LAURA 46.48 28.88 17.60 12111/2003 74.12 - 16.32.0654.1 MORRISON, MICHAEL & BENICI, 159.97 77.76 74.00 8.21 , 01/08/2004 80.00 - 18.42.2378.2 MOSS, STEVEN 72.80 40.16 32.64 01/06/2004 55.68 - 17.34.0500.1 MOURITSEN, LAYNE " '166.52 73.92 92.60 01/08/2004 "' 60.00 - 17.33.3586.1 MURRAY, EDWIN ' 115.44 {'i 57.72 57.72 12/16/2003 '111.52 - 18.42.1982.2 MURRAY, JAY & MELISSA , 80.32 40.16 40.16 01102/2004 31.56 - 14.19.0268.2 NAU, TIM 33.48 27.64 5.84 12/16/2003 20.00 - 8.08.1070.1 NEIDER, KYLEE & MENDI 112.46 47.30 65.16 12/18/2003 121.90 - 16.31.0508.2 NELSON JOHN H. 50.24 21.36 28.88 01/23/2004 26.10 - 15.21.2180.4 NESBITT. SANDRA 39.28 38.92 .36 01/06/2004 31 .04 - 14.19.0272.3 NGUYEN, JIM 59.04 31.40 27.64 12/29/2003 40.56 - 16.31.3308.2 NICHOLS, TAMMY 69.85 43.92 25.93 01/06/2004 51.00 - 9.09.0020.2 NIEDIEK, FRED & JULIE 143.00 84.04 58.96 16.32.1758.1 NORRIS, GLENA 80.32 36.40 43.92 01/21/2004 1.26 - 16.16.3302.2 O'HARE, JUDITH 352.56 126.52 106.52 119.52 12/03/2003 180.00 - 17.34.2880.1 OHNSMAN. RICHARD 57.76 28.88 25.12 3.76 01/21/2004 25.12 - 13.13.8812.2 OLSEN, HANS & AMANDA 74.08 42.68 31.40 12/18/2003 42.34 - 16.31.2998.1 OVERSETH, CECIL F 35.87 35.85 .02 01/06/2004 35.83 - 18.43.0376.1 PACKARD ESTATES DEVELOPr., 179.62 149.97 29.65 01/06/2004 25.89 - 9.09.0060.2 PAGE, RENEE JEAN 76.56 40.16 36.40 12/11/2003 94.70 - 17.34.2724.1 PERRY, KELLY 102.88 51.44 51.44 12/16/2003 52.42 - 13.13.5000.2 PETROVIAK, JENNIFER 53.90 52.64 1.26 01/06/2004 65.00 - 16.32.0690.2 PETTERSON,KENNETH 180.98 32.64 100.16 48.18 12/2212003 56.00 - 16.31.0188.2 PHILLIP, MICHAEL & SHANNON 38.80 36.40 2.40 01/14/2004 34.00 - 15.21.3022.3 PHILLIPS, SCOTT & MELANIE 160.44 76.52 80.28 3.64 11/06/2003 100.00 - 16.31.3264.1 PICCIOTTI, NICHOLAS 55.20 51.44 3.76 01/06/2004 43.92 - 15.21.1932.1 POINDEXTER, RICHARD I 46.64 46.44 .20 01/21/2004 57.52. 17.34.3262.2 PORTLOCK, JEFFREY 50.24 25.12 25.12 12116/2003 31.28 - 18.42.0388.1 POVLSEN, ERIC 54.48 53.96 .52 01/30/2004 42.16 - 15.21.3062.1 POWELL, GREG & CATHERINE 206.80 109.04 97.76 01107/2004 70.04 - 15.21.2990.5 PRICE, HUBERT 264.18 17.28 80.20 85.64 81.06 11106/2003 93.00 - 18.42.1212.5 PRIOR. DON 61.32 57.72 3.60 01106/2004 46.60 - 17 .34.3330.1 PRITIKEN. ROGER & TERESE 41.07 36.40 4.67 01/28/2004 50.00 - 18.48.4126.1 PROPERTIES WEST 20.14 10.07 10.07 12/16/2003 10.07 - ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Feb 03, 2004 02:48pm Current Period: 02/0512004 No Delinquent Minimum AmounlDelinquent Balance Last Pml Last Pmt Cust No Name Balance Non-Delinq 12/2012003 11/20/2003 10/20/2003 Dale Amount 17.33.2602.2 PRYOR, JUNE 69.04 36.40 32.64 12/16f2003 39.18 - 18.42.4218.1 QUALITY HOMES 21.08 17.60 3.48 12/1112003 12.30 - 17.34.1172.1 QUARNBERG, CARL & DOROTH 125.02 70.24 54.78 01/07/2004 55.00 - 15.21.0012.2 RAINFORD. ROBERT & ALlNDA 69.04 36.40 32.64 12/16/2003 86.86 - 15.21.1754.2 RASMUSSEN, DANIEL & JENNIF 60.58 28.88 28.88 2.82 12/15f2003 100.00 - 16.16.3001.1 RATCLIFFE INVESTMENTS 20.88 20.88 8.08.1076.2 RAUSCH, STEVEN & STACI 58.18 55.24 2.94 01123/2004 43.92 - 16.31.0840.1 REED,CAROLYN 57.76 32.64 25.12 01106/2004 28.88 - 17.34.1792.1 REED, PATRICIA 138.84 92.80 46.04 01106/2004 140.00 - 16.32.1318.3 REEDER-GRAY, JULIE 66.48 66.40 .08 01/0712004 75.50 - 16.31.3390.2 REIF, JANELLE & HULL, JASON 43.93 43.92 .01 01/0912004 17.76 - 18.42.2620.1 REYNOLDS, PATRICK T 91.20 65.16 26.04 01109/2004 50.00 - 15.15.0042.2 RICCA, JOSEPH & KERI 87.84 47.68 40.16 12/16/2003 41.14- 17.33.2336.1 RICHARDSON, JAMES 81.49 51.44 30.05 02/03/2004 30.00 - 16.31.1062.1 RIDGEWAY, ROBERT & CAROL) 106.64 58.96 47.68 12/02/2003 51 .60 - 15.22.0880.1 RIETH. KEVIN F. 92.57 65.24 27.33 01/06/2004 75.00 - 17.33.2348.1 RIPOLL, RHONDA 324.72 303.36 21.36 01/21/2004 25.12 - 17.33.3726.1 RISH CONSTRUCTION, MERRill 80.70 51.44 29.26 12/31/2003 60.00 - 15.22.1506.1 RIVERA, ROBERT 57.76 57.72 .04 01121/2004 53.92 - 15.22.1108.2 ROBERTSON, GAIL & FRED 21.96 21.36 .60 01/2712004 28.28 - 17.34.1982.1 RODRIGUEZ, RODGER 160.85 141.60 19.25 01/0712004 150.00 - 14.19.0336.1 RONG,MARY 85.36 42.68 42.68 12/16/2003 90.92 - 6.06.2060.2 ROUSE, GARY & DEBRA 50.78 24.27 22.59 3.92 01106/2004 22.59 - 17.33.2764.1 ROWLAND, DARCI 69.04 28.88 40.16 11117/2003 148.67 - 14.20.1864.1 ROWLEY, HELEN 48.66 47.68 .98 -- ,. 01126/2004 36.40 - 15.22.0914.1 RUCKER, JEAN 75.12 38.92 36.20 01/06/2004 55.00 - 7.40.0272.1 RUTTER,DALE 32.36 28.60 3.76 02/03/2004 25.12 - 3.03.5292.1 S&HHOMES 15.18 11.70 3.48 15.21.1474.2 SANDIRK, CARRIE 38.96 21.36 17.60 12/17/2003 21.36 - 16.32.1364.2 SANGSLAND, JR.. MARVIN 57.76 32.64 25.12 12/02/2003 26.10 - 17.34.1078.2 SAVELBERG, DOYLE 102.88 74.00 28.88 01/23/2004 67.65 - 9.09.0098.1 SAWTOOTH HOMES 56.56 21.36 17.60 17.60 11/14/2003 35.07 - 18.42.2046.2 SAYLES, BRETT & JENNIFER 75.22 41.44 33.78 01/06/2004 60.00 - 16.32.1104.1 SCHMIDT, JERRY 46.48 25.12 21.36 12/02/2003 59.06 - 15.21.1870.1 SCHOPPELREY, DOUGLAS & CI 81.50 76.44 5.06 01/14/2004 50.20 - 17.34.1054.1 SCHRADER, ERIC 92.58 51.44 36.40 4.74 01/06/2004 36.40 - 15.15.0146.2 SCOTT. MICHAEL & CAROLYN 75.18 43.92 31.26 01106/2004 35.00 - 15.21.2642.1 SCUR1, MATTHEW 77.42 38.92 38.50 12/11/2003 44.80 - 17.34.2760.4 SEALY, CANDYCE 117.92 51 .44 66.48 12/15/2003 132.94 - 14.20.1338.2 SEARLE, DARRIN 50.46 40.16 10.30 01/21/2004 37.38 - 15.22.2112.2 SEMANCIK JOHN 92.88 50.20 42.68 12102/2003 99.42 - 17.33.2402.3 SHACKELFORD. RANDALL 21.36 21.36 12/02/2003 28.88 - 13.13.4028.2 SHAKE, KENNETH & CARRIE 55.61 55.20 .41 02/02/2004 51.03 - 17.33.2420.2 SHANE, MICHAEL 57.76 28.88 28.88 12/10f2003 36.40 - 18.42.3008.1 SHELLY. STEVEN 67.86 35.16 32.70 12/1712003 100.00 - 18.42.2526.1 SHEL TRON, ROGER 89.12 50.20 38.92 01/1412004 81.96 - 17.34.1780.4 SHEPHARD,MARY 50.24 25.12 25.12 12/10/2003 33.78 - 14.14.5026.4 SHOREY 79.12 41.44 37.68 12/12/2003 83.86 - 15.15.0764.2 SILVA, MANUEL & MARIA 72.80 36.40 36.40 11124/2003 127.71 - 17.34.0820.2 SlTZLAR, RON 65.28 36.40 28.88 01/06/2004 31.82 - 17.34.0822.1 SlTZLAR, RON & GAY 76.23 40.16 36.07 01/02/2004 36.00 - 15.21.2208.2 SMITH, RONALD & LINDA 117.84 40.16 77.68 12/17/2003 90.78 - 15.21.2168.2 SMITH, RORY 134.24 72.76 61.48 12/10/2003 108.90 - 17.34.1776.1 SMITH, TYLER 38.44 32.64 5.80 01/21/2004 55.76 - 6.06.1920.2 SOELBERG, JOSEPH & ANNETT 48.82 26.23 22.59 12/29/2003 34.85 - ... in Msg column indicates no Notice is to be sent .' ( CITY OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers Feb 03, 2004 02:48pm Current Period: 02/05/2004 No Delinquent Minimum AmounlDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 12/20/2003 11/20/2003 10/20/2003 Date Amount 15.21.0248.1 SPENCER, JAN 21.73 21.36 .37 12/09/2003 50.00 - 14.14.3654.2 SPENCER, LISA MARIE 203.28 51.44 151.84 01/21/2004 50.00 - 16.32.1686.3 ST GEORGE, JASON 109.95 28.88 58.88 22.19 12/03/2003 100.00 - 9.09.7002.1 STAFFORD, JOE & JACKIE 274.54 206.83 67.71 12/05f2003 11.28 - 15.21.0136.2 STARK, MIKE 92.80 35.16 57.64 12/17/2003 63.78 - 15.22.1152.3 STEMPLE, CORY & GRAM, LORI 147.92 73.92 74.00 01/07/2004 69.40 - 16.32.0792.2 STEPHANS, LEANN 66.04 38.92 27.12 01106/2004 45.00 - 14.19.0532.1 STEVE CRAVEN CONSTRUCTlC 6.96 3.48 3.48 17.34.0584.1 STRECKER, NORA E 46.48 25.12 21.36 12/02/2003 33.94 - 16.31.1060.1 STRONG, EARNEST 286.86 31.24 255.62 08/20/2003 42.00 - 15.22.2080.2 SUMMERS, JOCK & JULIE 91.60 47.68 43.92 o 1f06/2004 47.68 - 8.08.0990.1 SUNDANCE CLUBHOUSE 18.58 11.03 7.55 01f06f2004 7.55 - 17.34.2702.1 SWARTZ. DANIEL 131.84 58.96 51.44 21.44 11/25/2003 80.46 . 14.14.3552.2 SWEIGART. CRAIG & CANDACE 85.90 62.72 23.18 12/18/2003 100.00 . 18.42.2350.2 TADEVIC, GEORGE 164.32 99.08 65.24 01/06/2004 64.18. 14.20.1964.2 TECOINVESTMENTS 139.44 27.64 23.88 87.92 11f14/2003 84.00 - 16.31.2314.2 TEIXEIRA, MICHELLE 97.34 38.92 35.16 23.26 01112/2004 40.00 - 16.31.3514.2 TERRY, DOUG & WENDY 86.41 39.84 46.57 09/15/2003 86.28 - 16.32.0546.1 TEWKSBURY. LINDA 50.24 25.12 25.12 12/11/2003 79.32 - 8.08.1086.2 THABACK, GABRIAL & DUOL, St 89.32 51.48 37.84 12/30/2003 50.00 - 13.13.8124.2 THOMPSON,RYAN 66.28 46.44 19.84 01/06/2004 75.00 - 18.42.2544.2 TINTSMAN, TODD 69.04 36.40 32.64 01/06/2004 56.02 - 18.42.2608.1 TONEY, RICHARD & ROBIN 136.14 83.96 52.18 -: 01/21/2004 60.00 . 18.42.1216.1 TOROK, ZSOL T 59.06 31.40 27.64 .02 +, .; 12/16/2003 6D.82 . 15.22.0990.3 TOWNSEND. BRYANT & TANISf- 62.80.... 35.16 27.64 _t".. .'; 01/06/2004" 46.26 - 16.31.0454.2 TRACY, JOLYNN 62.80 35.16 27.64 12/31/2003 . 49.38 - 13.13.8546.2 TROGDON, TYKE JR 101.38 52.72 48.66 01106/2004 45.00 - 13.13.2072.1 TUTTLE. TAMI 119.12 46.44 72.68 12/17/2003 116.34 - 15.21.1174.1 TWADDLE, DAVID 126.64 80.20 46.44 01/07/2004 54.12 - 14.20.1606.3 U.S DEPARTMENT OF HOUSING 232.29 232.29 02/05/2003 111.51 - 16.31.3304.2 U.S DEPT OF HOUSING 153.63 153.63 02/11/2003 71.00 - 8.08.1012.2 ULIBARRI. VINCENT & KARLENE 71.12 55.24 15.88 01/06f2004 50.16 - 16.32.1680.2 VALDEZ, MAXIMIANO 68.16 43.92 24.24 01/06/2004 40.00 - 14.19.0108.2 VANDER HEIDE, DEBRA 62.52 47.60 14.92 01/21/2004 42.00 - 18.42.3968.1 VANHOUTEN. MIKE 55.38 31.40 23.98 01/06/2004 40.00 - 17.34.2856.2 VAUGHAN, DOLORES 44.96 35.16 9.80 01/30/2004 35.16 - 16.31.3234.2 VEGA, CRISTOBAL 197.19 3.48 193.71 15.21.1032.1 VELADA, FEDERICO 77.74 38.92 38.82 01/16/2004 40.00 - 17.33.2578.1 VERKUYLEN,AD 69.04 40.16 28.88 12/11/2003 74.76 - 17.34.1520.1 VICTORY, CHRISTOPHER 91.60 47.68 43.92 01/06/2004 34.76 - 18.42.0324.1 VIVES, MARK 89.29 46.44 42.85 01/02/2004 50.43 - 17.34.1314.2 VOGEL, JUSTIN & IRENE 46.48 25.12 21.36 12/29/2003 45.88 - 15.22.0318.1 VOORHEES, MICHAEL 74.08 35.16 38.92 12/16/2003 84.70 - 6.06.1338.3 WALDEN, ROBERT 35.23 34.73 .50 01/02/2004 18.33 - 14.20.1398.1 WALKER. JUSTIN 144.16 74.00 70.16 12/03/2003 133.81 - 17.33.3682.1 WALLACE,CRYSTAL 95.36 47.68 47.68 01/06/2004 48.82 . 16.32.1306.2 WALSH, DAVID & CARA 92.88 50.20 42.68 01/06/2004 44.64. 14.20.0190.1 WARD, LINDA K 65.28 36.40 28.88 01/06/2004 62.86 - 15.21.2698.1 WARREN, WESLEY 89.62 21.36 68.26 01106/2004 67.28 - 14.19.4470.2 WATLINGTON, JUSTIN 111.58 61.48 50.10 01f06/2004 42.12- 18.42.0462.4 WEBB, HENRY & CHERRIE 67.92 53.96 13.96 01/21/2004 80.36 - 15.21.1412.2 WEISWEAVER, CHARLES 155.44 104.00 51.44 01/07/2004 33.62 - 18.43.0396.3 WELCH, ROBERT & TIFFANY 136.04 76.52 59.52 01106/2004 62.46 - 15.21.1968.6 WELDIN, TAMMY 77.84 38.92 38.92 01/06/2004 45.46 - 16.31.0010.3 WEST, TOBERT & JONI 146.94 107.23 35.79 3.92 01/14/2004 35.79 - ... in Msg column indicates no Notice is to be sent i CITY OF MERIDIAN Delinquent Account List- council Page: 9 Standard Payment Customers Feb 03, 2004 02:48pm Current Period: 02105/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 12120/2003 11/2012003 10/2012003 Date Amount 16.31.3322.1 WESTON, DECKER 35.32 28.88 6.44 02103/2004 59.96 - 9.09.0196.1 WESTROCK HOMES 52.60 17.60 17.60 17.60 12116/2003 35.07 - 16.32.1694.2 WEYMOUTH, JOHN & JULIE 72.80 40.16 32.64 01/05/2004 65.80 - 16.32.1404.1 WHITE, ALAN & SHARON 110.40 62.72 47.68 12131/2003 51.44 - 16.32.1436.3 WHITING, SUZETTE 38.96 21.36 17.60 12123/2003 48.28 - 10.10.0602.1 WHITNEY HOMES 52.80 17.60 17.60 17.60 11/24/2003 21.36 - 15.21.1590.1 WHITTEN, DAVID 64.66 38.92 25.74 01106/2004 50.00 - 16.31.1270.3 WIDDOWSON, MARK & JUDY 35.20 17.60 17.60 01106/2004 57.64 - 8.08.1118.2 WIGGER, ALAN & PAULA 100.44 57.76 42.66 0110212004 49.38 - 18.43.0330.2 WILKEY, THAD & lORI 100.40 50.20 50.20 01/06/2004 47.40 - 6.06.1024.2 WILLIAMS ERIC 29.66 29.01 .65 01/06/2004 18.18 - 17.34.0840.1 WILLIAMS, JASON & MICHELLE 76.56 40.16 36.40 1210212003 51.10 - 16.32.1252.2 WilLIAMSON. DALE 101.62 58.96 42.66 02103/2004 35.00 - 15.21.2164.2 WilSON, BRADl Y 145.44 102.76 42.68 01/07/2004 55.60 - 17.33.3662.1 WilSON. RANDY 91.60 47.68 43.92 12116/2003 121.76 - 17.34.1954.1 WINGATE, DIANE 79.62 41.44 38.18 12103/2003 168.33 - 15.21.1516.2 WITHERS. DAREN 77.84 38.92 38.92 12/0212003 60.18 - 17.33.4282.3 WOLIN, DALE & LOIS 44.84 42.68 2.16 01106/2004 33.00 - 14.19.1108.1 WOOD, PATRICIA 66.66 35.16 31.40 .10 1210212003 32.28 - 14.19.6560.4 WORTHINGTON, BLAKE 65.28 32.64 32.64 12115/2003 32.64 - 17.33.1850.3 YOUNG, JESSE 57.76 32.64 25.12 12116/2003 80.98 - 17.34.0758.1 YPON, GIN 72.80 36.40 36.40 01/06/2004 40.32 - 16.31.2200.1 ZELLER, STEVEN 114.16 62.72 51.44 01/06/2004 46.86 - ,. ~ ,", Grand Totals: 47,156.78 24,036.56 18,627.05 2,184.70 2,108.47 Report Criteria: Terminated customers not inCluded Customer.Cust No 0 = {<} 880000001 Customer.BilI Cycle = 2 ... in Msg column indicates no Notice is to be sent