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Home My WebLink About2004-01-06 Revised 1/6/04 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 6, 2004 at 7:00 p.m. City Council Chambers 1. RolI~call Attendance: ~ Tammy de Weerd )( Bill Nary =x:= Cherie McCandless X Keith Bird )( Mayor Robert Corrie , 2. Adoption of the Agenda: flflrv<.. 3. Consent Agenda: A. Approve minutes of October 28, 2003 Pre-Council Meeting: t,?p YV'/I'-<- B. Approve minutes of November 12, 2003 Pre-Council Meeting: v?PI,1.<-__ C. Approve minutes of November 18, 2003 City Council Regular Meeting: tv(pV-i!- D. Approve minutes of November 18, 2003 Pre-Council Meeting: fiFf'rt:" v..e..- E. Approve minutes of November 25, 2003 City Council Regular Meeting: arrol/'L. F. Approve minutes of November 25,2003 Pre-Council Meeting: a;FFov--e-- G. Approve minutes of December 9, 2003 City Council Regular Meeting: d?1r"VG- H. Approve minutes of December 9, 2003 City Council Special Meeting: 4frV>L-- I. Approve minutes of December 16, 2003 City Council Regular Meeting: a~~ J. Approve minutes of December 16, 2003 Pre-Council Meeting: ar~v--v K. Findings of Fact and Conclusions of Law for Denial: CPA 03-003 Request for amendment to the text of the Comprehensive Plan to Meridian City Council Agenda - January 6, 2004 Page J of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 1/6/04 allow new residential uses within the mixed use VVWTP zoning designation for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: ap(JYi:w..e- L. Findings of Fact and Conclusions of law for Approval: V AC 03-006 Request for a Vacation of utility r drainage, and irrigation easement on the south 10 feet of Lot 2, Block 6 of Turtle Creek Subdivision No.1 by Tully Cove, LLC - west of North Linder Road and south of West Ustick Road: ~ov.& M. Findings of Fact and Conclusions of law for Approval: PP 03- 030 Request for Preliminary Plat approval of 48 residential lots, 21 office lots, and 7 other lots on 14.58 acres in an L-O zone for proposed Sage Crest fka Maverick Subdivision by Dirk Marcum and Michael Riggs - south of East Overland Road on the west side of Millennium Way: aprv.e. N. Findings of Fact and Conclusions of law for Approval: CUP 03-045 Request for a Conditional Use Permit to modify existing Planned Unit Development to allow for office uses along Overland Road and Millennium Way in an L-O zone for proposed Saae Crest fka Maverick Subdivision by Dirk Marcum and Michael Riggs - south of East Overland Road on the west side of Millennium Way: o/IJ"'QVX- O. Findings of Fact and Conclusions of law for Approval: CUP 03-056 Request for a Conditional Use Permit for an indoor soccer center in an existing business park in an I-L zone for Meridian Soccer Center by Meridian Soccer Property - south of East Franklin Road, west of South Locust Grove Road on East Piper Court: ~v.e- P. Findings of Fact and Conclusions of law for Approval: CUP 03-053 Request for a Conditional Use Permit for development of a 2,800 square foot bank with drive-thru and future retail tenant with drive-thru in a C-C zone for Kev Bank by CSHQA - south of East Overland Road and west of South Eagle Road: a.,/rtJv..e..- Q. Development Agreement: AZ 03-019 Request for annexation and zoning of 16 acres from RUT to R-8 zones for proposed Hh::Jhgate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: opl'1"':>>ve...- Resolution No. & 1- - 1-1 7 Waste Franchises: tL(JpnN'.e- S. Water Main Easement for Steve Hill Office I Warehouse: C6f'fY'oV'<..- Moratorium of Solid R. Meridian City Council Agenda - January 6, 2004 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. Revised 1/6/04 T. Water Main Easement for Christian Familv Matters: Cl.lfrov-<.-- U. Purchase Order for Laser Fiche Up-Grade: cP!P rr;~ V. Bear Creek Restroom Proiect Extension: '1r roV'-V W. Approve Bills: &fJfrov..e-- 4. Department Reports: M h.e.. 5. (Items Moved from Consent Agenda) hvn-"- 6. Ordinance No. tJ 1- - 16' 6 2- AZ 03-019 Request for annexation and zoning of 16 acres from RUT to R-8 zones for proposed Highaate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: tVJ'fffC'tN!-- 7. Tabled from December 16,2003: Findings of Fact and Conclusions of Law for Approval: AZ 03-015 Request for annexation and zoning of 9.8 acres from RUT to R-8 zones for proposed Sageland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: CLfJpr-ov...e... eN t{f'hbr.-d-e.cL 8. Tabled from December 16, 2003: Findings of Fact and Conclusions of Law for Approval: PP 03-020 Request for revised Preliminary Plat approval of 41 building lots and 9 other lots on 10.64 acres in a proposed R-8 zone for proposed Saaeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: cvr?Yi?v,€ as Ctfh~detL- 9. Tabled from December 16, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Saaeland Planned Development by Quasar Development - northeast corner of South Locust Grove Road and East Victory Road: d f' jJ f' 0 v.e. a.J' a f'h rl-h- de cL- 10. Continued Public Hearing from December 9, 2003: AZ 03-023 Request for annexation and zoning of 11 acres from RUT to R-8 zones for proposed Soda Sprinas Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: dihrne1 fo frefJll/U -/1-1' -f cl./ .fw. C<-flrov~ 11. Continued Public Hearing from December 9, 2003: PP 03-027 Request for Preliminary Plat approval of 59 building lots and 8 other lots on 11 acres in a proposed R-8 zone for proposed Soda Sprinas Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: a-e.-brMey -to freptiA.L -FIr: I- cl.e ~ c<f'provaA: Meridian City Council Agenda - January 6, 2004 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 1/6/04 12. Continued Public Hearing from December 9, 2003: CUP 03-043 Request for a Conditional Use Permit for a Planned Development for a mix of single-family detached residential lot sizes and amenities for proposed Soda Sorinas Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: d;ihyne1 -i-t? j3Jrepwu: ";:/f J c l-f ..ftrr- ,zJlPYDVC~ 13. Continued Public Hearing from December 16, 2003: CUP 02-004 Request for Revocation of a Conditional Use Permit granted by the City of Meridian for John Nesmith for Meridian Automotive - 505 North Main Street a l fJ rPv.e /Ll v /s. I h J {i u fJ 14. Water, Sewer & Trash Delinquencies: ttpjJroVK-- 15. Swear in New City Council Member Seat # 1 - Shaun Wardle: ~ pf!d:ed.- 16. Swear in New City Council Member Seat # 3 - Charles M. Rountree: IC.~ 1'Yt.;de feet.....- 17. Swear in New Mayor- Tammy de Weerd: (P"""f1e.-f.e.cL 18. Presentations: pre s:envf.e..cC 19. Election of Officers: ;$7~ f/o--.;; ~ !reJI?{ewt ICe f ? fL,. l3J)r cL - V f ce. - jJ r.e fi 'd e 'v6-- Meridian City Council Agenda - January 6, 2004 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. December 31. 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT January 6. 2004 ITEM NO. 8 .A. REQUEST Approve minutes of October 28.2003 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DE?T: 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 ME:RIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~.~ Contacted: Emai1ed: Date: Staff Initials: Materials presented at public: meetings shalf become property ofthe City of Meridian. Phone: CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 28,2003 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird o Mayor Robert Corrie 2. Adoption of the Agenda: Approve 3. Discussion of reopening the Master Plan on Eagle Island State Park: (20 minutes*) Presented by Elizabeth Conner & Donna Griffin 4. Discussion of Finance Report: (10 minutes*) Presented 5. Executive Session per Idaho Code 67 -2345(1 )(b): (20 minutes*) No Decision 6. Steve Arnold - Notice Posting via Sign *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Councd I\genda ~ OeLober 28,200] Pagc I of I Allmalerials presented at public meetings shall become property of the CiLY of j'vkridlan Anyone desiring accommodation for dIsabilities relateu to dnCul11CnlS :mdior heunngs please contact the CIty Clerk's Office at 888-4433 aL le:lst4S hours prim LI) the publIc mcctlng Meridian City Pre-Council Meetinq October 28,2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on Tuesday, October 28, 2003, by City Council President Tammy de Weerd. Members Present: Tammy de Weerd, Cherie McCandless, Bill Nary, and Keith Bird. Members Absent: Mayor Robert Corrie. Others Present: Bill Nichols, Doug Strong, Gary Smith, Pauline Skeggs, Stacy Kilchenmann and Will Berg. Item 1. RolI~call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird o Mayor Robert Corrie De Weerd: It's Tuesday October 28th. It's 6:03. I will go ahead and open the Pre-Council Meeting Agenda and we will begin with roll call attendance, Mr. Berg. Item 2. Adoption of the Agenda: De Weerd: Item two. Adoption of the agenda. Bird: Madam President. De Weerd: Mr. Bird. Bird: I'd move we adopt the agenda as published. Nary: Second. De Weerd: Okay it's been moved and seconded to adopt the agenda as published. All those in favor say aye. All ayes. Motion carried. Item 3. Discussion of reopening the Master Plan on Eagle Island State Park: De Weerd: Item three. Discussion of reopening the Master Plan on Eagle Island State Park. I assume Mr. Strong you are covering this. Bird: No this is supposed to be from the State of Idaho isn't it Doug? Meridian City Pre-Council Meeting October 28, 2003 Pg.2of19 McCandless: That's what I thought. Bird: Whoever put it on the agenda didn't get a hold of them, Tammy. I didn't know - why would we be doing this? McCandless: That's what I thought, why. De Weerd: Good question. I think both Will and I had that question and maybe Mr. Strong can respond to that. Strong: Madam President, members of the Council. Actually I was identified as the person that should know what this presentation is about. Unfortunately, I don't. Although, I did follow up on whether they do intend to comment. I got phone messages from Donna Griffin who works at Idaho Department of Parks and Recreation. She intended to be here with another person tonight to make a presentation on the proposed master plan changes for Eagle Island State Park. They are going around the region, the way I understand it to let area cities know what their plans are for some of the changes they are going to make at Eagle Island. So, the last I heard their intent was to be here. That's what I passed on to the Clerk's Office. McCandless: She's late. Strong: So, they just simply are late, I think. I attempted to find out some of the content 0 f t he presentation and was not able to. This is part 0 f t he Treasure Valley Partnership Group, which I believe the Mayor has been going to those meetings. Bird: That doesn't look like Griffin. McCandless: No, it doesn't. Not at all. Nary: Is this that guy that must have been at that Gentlemen's Club out there. De Weerd: Well, thank you Doug. I appreciate that. We can just postpone Item 3 to the end of our Agenda. Hopefully the people will be here that will be presenting on that. Mr. Arnold did ask to be placed on the Agenda as well, but since he wasn't here when we adopted it he missed his opportunity. Did yau have something to present? Arnold: Just a little something. De Weerd: Okay. Arnold: It would be real quick. Meridian City Pre-Council Meeting October 28, 2003 Pg.3of19 Bird: Madam Present, I'd let Mr. Arnold go ahead if it's agreeable with the rest of the Council people, seeing how I doubt if we have-What I am afraid of is these State people think it's at 7:00 and then they'll realize it was 6:00. De Weerd: What? Bird: That's what I am afraid of. I would entertain giving him five minutes. De Weerd: Okay. Is the rest of Council okay with that? McCandless: No problem. Nary: That's fine. De Weerd: Okay, where is the timer? Bird: We will give him five minutes. De Weerd: We will give you five minutes. Arnold: I will take two and I will let my brother take the rest of it. (Inaudible) What's that? The goofy one? Yes. Acting Mayor and Members of the Council for the record, Steve Arnold. I don't know how formal we need to be tonight. The reason I came before you tonight was two-fold. One for basically development in general and the other was I wanted to introduce you to my brother who has opened a new business in town. My big brother. He has opened a sign company and I thought I would put him before you tonight and let him try to sell you on some sign business. Why I am here tonight is based on your new sign ordinance where developers are required to post each site as a condition on your applications. What would be nice is that the City takes control that posting and sub it out to a sign shop. It is up to him to sell you on the cost and all that, but, get a kind of an overall - - you know, put it in the fees up front to where we are paying for the notification in the application process to where we don't have these issues where there are subdivisions being deferred to a later date because the site wasn't posted, whereas, you know, I would like to encourage the City to take that on and make us pay the fee upfront. It saves me and my clients money by the fact that I don't have to track it. I don't have to coordinate with, you know, a sign company -- a brother and have you guys take the lead on that sort of thing. De Weerd: D id you take that tot he Sign Committee as they were looking at updating their sign ordinance? Arnold: Sign 0 rdinance? Not his is a fier t he fact. I t wasn't until - - I use my brother for all my postings and it's kind of neat because you got a little brother telling your big brother what to do. Meridian City Pre-Council Meeting October 28, 2003 Pg.4of19 De Weerd: Is his time up yet? Arnold: l'lf be quick. Anyway, I am here introducing my brother. This is Mike Arnold. He is with Premiere Signs. From the developers' standpoint, it would be nice if the City took over that posting requirement and just incorporate that into the fees. So that's all I have. Nary: Madam President. De Weerd: Mr. Nary. Arnold: I forgot my Krispy Kreme's. De Weerd: Gees. Arnold: I knew he was going to get me on that. McCandless: Oh, that's what he wanted to talk about. Nary: Mr. Arnold, have you had an opportunity to have either that conversation with Ms. Powell from Planning and Zoning Department about amending an ordinance or we have a mechanism in our ordinances that allows you to go ahead and propose that if you want to and file that application basically for an ordinance amendment. I don't disagree with you. I think some ways there is - - it's more efficient to do it that way. I know that's the way it is done in Boise because it got to be so difficult to verify that the posting was done properly and so it's much easier to take on that responsibility by the City. So, I don't disagree with you. I just wondered if you'd had either that discussion or that thought of proposing the ordinance yourself. Arnold: Acting Mayor and Mr. Nary, actually I have not had that conversation. Originally, I brought to you n tonight I talked to Ms. De Weerd about, you know, last night we presented to the City of Kuna the fact that my brother with Premiere Signs could post signs up to put notification's -- you know, here are these people that are being voted upon and just to remind people to vote. That's kind of what I talked to Tammy about and for those that are running for election right now. It would be a good idea and I will let my brother sell you on that. I won't stay up here too long. No, I have not met with Anna, but I think it would be a good idea and I would be happy to meet with her on availability. Nary: Like I said, I don't disagree with the concept. I think in some ways it does make it a little more efficient to do that. I just, you know -- we have two ways to really perfect that -- well, three I guess you are telling us that we'll do it. I guess, the two ways that I prefer is either that you take that initiative to have that discussion with her and if she feels that that is something that the City wants to Mendian City Pre-Council Meeting October 28, 2003 Pg. 5 of 19 bring forward and they can, otherwise, she probably will say if you want to propose it you can do that too. Bird: Madam President. De Weerd: Mr. Bird. Bird: I thought we weren't doing the posting now on the public hearings. I see our men out doing it. I have seen the City of Meridian person with a pick-up truck from Planning and Zoning over here at the Farmers and Merchants putting the one up in the front there. De W eerd: Really? Bird: Yeah, Doing something with it. So, I kind of took it that we must be doing it. I don't know. For a fee. I agree with Bill 100 percent. I think that it would be great, for a fee, for us to do it because it would be uniform and it would be getting done right. De Weerd: Well, do you know who posts the property? Is it the City? Berg: Madam President, Members of Council according to our ordinance, which is in the posting not in the sign ordinance, it's a notification. It requires the developer to post it by a certain size. We went through all that in that hearing and so it's their responsibility. Some projects that the City is involved with, I am sure we have people doing it -- Bird: We wouldn't be involved with Farmers and Merchants, would we? Berg: No. Craig Slocum had to readjust the sign and move it to a different corner because I think they had it on the wrong corner to begin with, whoever was posting it. Bird: That's something that the City does? Berg: No. Bird: Well, it was a city employee. Berg: Maybe somebody a sked for some help. I don't know, but it's not our standard policy to do - - Bird: It was a new white pick up with deal and he was parked in Bower's parking lot and he was walking across and he was moving the sign out there in the front. Berg: Well, it could be our - - Meridian City Pre-Council Meeting October 28, 2003 Pg. 6 of 19 Bird: I don't know which employee it was. Berg: -- code enforcement person that said that this sign shouldn't have been posted on that property to begin with and maybe did some checking -- De Weerd: Okay, well - Bird: I have no problem with that, but I think that it's a very good idea that Steve brought up. De Weerd: So, I guess the ball is in your court, Steve, to talk with Anna and see what direction she advises. Whether our staff will take this or she will ask you to. That is a great idea. Arnold: Madame President, from my perspective, you know it's not that I -- it's a lot of work for me to keep track of our hearings and post them on certain times. It's nice to be able to hand it off to someone, you know and just let them run with it. De Weerd: I think we all agree that it has great merit. So, go with it. Arnold: So, my direction is? De Weerd: You have our blessings, my son. Arnold: Okay. Thank you. I appreciate your time and I appreciate you putting us up tonight and I will let me brother introduce himself and give you a brief history. De Weerd: Okay, hopefully he is quicker than you are. Arnold: He'll be quicker. I am much more wordy than him. Thank you. De Weerd: Thank you, Steve. M. Arnold: I will be real quick and brief. As Steve introduced me, I am his brother, Mike. I have my new business in Meridian. Steve and I had talked a little bit about the posting signs and I have done them for him or for Briggs. Sounds like a good idea to me and he suggested I come down and chat with you guys a little bit about it. Again, it's a new business. I do vehicle lettering. In fact, I noticed when 1 took my affidavit to the City there wasn't any signs up there. Planning and Zoning or City Hall didn't have any. Whether it's a pylon sign or anything outside the building. So, that is something maybe one of you might consider. De Weerd: Now we have a wall sign, City Hall. Meridian City Pre-Council Meeting October 28, 2003 Pg.7of19 M. Arnold: There is one now? De Weerd: Yeah. M. Arnold: Oh, I didn't see that. De Weerd: No, it's on the building. M. Arnold: Oh. I guess I drove around and maybe I came to the wrong side, because I didn't see it. I have been there a couple of times and I didn't notice it. Well, I apologize for that. Anyway, any sign needs that you might be aware of, I would like to leave a card for everybody. De Weerd: Give it to Will Berg. M. Arnold: I guess just one? You are the man? Berg: I'll spread it around. McCandless: Madam President. De Weerd: Mrs. McCandless? McCandless: Mike, where is your business located? M. Arnold: It's in the same strip mall as Norco and Sonic on Fairview. McCandless: Oh, okay. M. Arnold: We are going to officially open next week. We have been in there for a little bit. I guess I thought it would be good to try and network with everybody. That's why I am here and Steve was good enough to bring me down, so I appreciate the time and I again will keep it short. De Weerd: Thank you, Mike. We all expect those Krispy Kremes. S. Arnold: I told them we were going to, but we were late. M. Arnold: Yeah, we had a bunch of traffic on the freeway, so I apologize. Thank you for your time. De Weerd: Thank you. Thank you for joining us. Bird: Maybe you can make enough money in the sign business that you can buy Steve some long pants, so he don't have to have the short cut-off ones. Meridian City Pre.Council Meeling October 28, 2003 Pg. 8 of 19 S. Arnold: I came here just casual. Bird: I don't blame you. Nary: Yeah, cause normally you are dressed up a lot more. M. Arnold: You ought to see him at home. S. Arnold: I could go home and take this abuse. De Weerd: Okay, let's go ahead and move on. Item Number 4. Item 4. Discussion of Finance Report: De W eerd: Stacy? Kilchenmann: After that commercial interlude. I have -- I am just going to do a brief summary. We are in the process of the year-end closing. I am going to just talk about some key items. First, I have a couple of finance department housekeeping type items. One of them has to do with an internship program that Suzanne has been working on for us for the IT Department. She contacted -- she's been working with Meridian Charters School and Terry put together kind of a job description for the person. They would be - - I have a job description, but basically they would be helping us with our web page development and then because we have kind of assigned that to various people in the City and they just don't have time or they are gone and it doesn't really happen. So, he would be assisting the departments with getting their web page up and going. He would do like some help desk functions, some of the routine functions, answer some phone calls and so forth. The total would be about $2,000 that we would pay him. I think he would work 280 hours. He has to do the 280 hours before he graduates this spring, so over the course of the school year. We can pay for it -- we have enough money in our computer budget, but we need to transfer it to personnel because we need to pay him as an employee rather than just give him a stipend. So, I am asking if we can have permission to make that transfer from our operating to personnel. It would be a one-time transfer and if it works out, well, we can come back in the budget process and ask for money in personnel specifically for the internship program. But, Suzanne has put a lot of effort into it and I think Boise does it and they seem to be really pleased with the results and it's a good opportunity for us to kind of network with the school that's in Meridian. Maybe it's something that we can involve other departments in if it works out. Bird: Madam President. De Weerd: Mr. Bird. Meridian City Pre-Council Meeting October 28, 2003 Pg. 9 of 19 Bird: If he is being put on as an employee, don't you have to pay benefits then? Kilchenmann: He will be part time, so we will just pay- Bird: You will make sure he doesn't work over 20 hours per week? Kilchenmann: Yes. He'll work like 10 to 15 hours per week. Bird: Okay. I have no problem with that then. Nary: Madame President. De Weerd: Mr. Nary. Nary: In fact, I was the one that mentioned this to Terry -- Kilchenmann: That's what he said, yeah. Nary: We have been using these kids from the Charters School and there is no one better to design a webpage than a 16-year-old kid. Kilchenmann: Exactly. Nary: They can do it better than anybody. It's been a very successful program, so I think certainly as a pilot to try it and if that works for IT then to switch it over to a budget item in the future that makes perfect sense. De Weerd: That's great. Thank you. Sounds like everyone supports it. Kilchenmann: Okay, good. I will let you know how that goes. Hopefully you will see how that goes when you look at the webpage. The second item has to do with the third party billing directive with the landlords. Leslie and Stephanie had a meeting and they had six different property owners from the city and they had a meeting to discuss it. Everybody was in favor of it and anxious to have it back and understood that it was reasonable that we charged a fee for it. The only thing that they suggested that we didn't have was that we were saying that when they did the billing agreement that they came in and paid the fee at the time and the property owners or agents said 'could you just bill us with the first billing, actually put it on our water bill'. We felt that that would work because if it didn't get paid because of liability goes back to the property owner they would end up paying in the end, so that was the only real thing that the property owner's committee felt that they would like to add. We previously, when all this originally started, Rick Clinton had come up with a 35 dollar administration fee for each time it was activated. He did that by breaking down the cost of going out and installing the meter and reading the meter and so forth and then some money for mailing and for Leslie's staff doing the initial set up and so forth. I didn't know the Meridian City Pre,Council Meeting October 28, 2003 Pg.10of19 history of it and if you had discussed that 35-dollar fee in previous discussions about that and if you were familiar with it or not. De Weerd: I seem to recall that we had an initial discussion on it and gave it back to the department to bring a solid recommendation forward. Kilchenmann: I think that Rick has got it calculated here and I can email that to everyone too, the break down of it and I think he has got a solid number. So, what we would like to do next is we have the form developed and we will make sure that Bill sees it again. How many times do I have to say this? De Weerd: Any time when you raise fees or put new fees -- Kilchenmann: And then if it's okay we would like to go ahead and schedule a public hearing on the fees so we can move forward with this. De Weerd: Mr. Nichols, did you have a comment? Nichols: Madame President, Members of Council just a reminder that we would have to have the public hearing before we impose the new fees, so there undoubtedly may be some bugs to be worked out in this thing. You may find that it doesn't take 35 dollars worth of time, every time there is a new renter to come in. There may end up being a different fee -- Kilchenmann: A lower fee --- Nichols: Yeah -- for the initial and then the subsequent fees may be last, but until that has gone through the shakedown crews we are not going to know that for sure. De Weerd: Okay. Thank you. Kilchenmann: The other thing we are getting closer to doing the split billing and I just asked Frank and he said he would do like a couple of articles also in the Statesman to let people know that it is coming. Because everybody north of Cherry Lane will actually get two water bills in the same month as we make that switch. So, we want to make sure that we let everybody know that that is happening as far in advance as possible. So, then moving on to the year-end financial statements. There are some entries that we haven't completed yet. We haven't done the interests accruals and reversals, the payroll accruals and reversals and we don't have like rural fire in for September. We are still getting invoices in from the Departments too, so that could affect, -- that will affect how the expenses look. That is why I have a draft on top of all those. When we get done, I will come back and give you an in-depth analysis maybe in writing, not necessarily spending a meeting. But I will talk to each department. We will talk about variances, why we were under/over budget and so forth. I am also Meridian City Pre-Council Meeting October 28, 2003 Pg. 11 of 19 required this year to do something called the management discussion and analysis that will be part of our new financial statements that goes out to the public. When I draft that I will send that to all of you too, so that you can look at it. So, basically, just running through some of the major items in the WWTP and Water this was our first full year of having the new rates. Brad and I actually worked together to calculate this, so we had an engineer and an accountant and we came out pretty close. We were four percent under on wastewater revenue, so their revenue is like $180,000 higher than we projected. Water was almost right on target with $58,000 under what we budgeted. The capital outlay in the operating in the wastewater plant is under spend in collections lines and the big construction budget we spent roughly half of that. Water construction spent less than half of the budget so those two are going to carry big construction numbers forwarding into next year. The general fund - - the City Hall study came in at the end of September and we weren't aware that that was going on. So, that made us over in capital outlay by about $1,700 if you take just the admin together. General fund there were overages and underages, so we don't end up being over budget. General fund revenue, we got a nice surprise from the State Liquor apportionment. The last quarter they gave us an excess payment, so we actually get five payments. It was $47,000, which is much greater than we have ever gotten in the past. Property tax is about $92,000 under, probably due to the slowness of collections, but then on the other hand revenue sharing came in $90,000 over after we amended the budget. So those balance out. Franchise fees about $16,000 over. The big number that you will see in the general fund revenue is our park impact fees. Those are $303,000 over budget. So, with the growth those are just skyrocketing. De Weerd: I can see Doug already sweating over there. Kilchenmann: Yeah. I thought you saw dollar signs rolling in his eyes. Special Services Revenue which is billing and P&Z, they ended up, even after they amended the budget they came in about $350,000 over budget. So again that is that growth in all the issuances of building permits. A number just on the expenditure side is over time. The police, there total over time was $250,000 that was $90,000 over budget. Fire's overtime was $203,000, which ended up being within the budget and that's because we hadn't opened the third fire station. So, that will probably be something that we need to look at. So that is just kind of a rough, first analysis of the first draft of the financial statements and I have gone through all the line items and I don't see anything that's going to be big, that's going to make any significant variance under/over, but like I said we will go through all those in detail. I think our fieldwork for our audit is scheduled for, I think, the first week of December and they are scheduled for just a week. Moving into October, I already have a budget amendment item for 2004. This is for the purchase of the Borup property. Is that right, Doug? It ended up being $17,400 more than initially budgeted. ( Meridian City Pre-Council Meeting October 28, 2003 Pg. 12 of 19 Bird: What? Why? It was $15,000 an acre. Did they have an acre and one half more than what was - - De Weerd: An acre and one half more? Kilchenmann: Did Elroy initially come out (inaudible) - - De Weerd: (inaudible) Strong: There was a council and the budget was prepared and it was our understanding that there was an ii-acre piece remaining and it ended up being 12. something additional acres, so there was another acre involved and there are the closing costs on the property that amount to close to $5,000 I believe and Bill may be able to help me with that. There was some additional costs for the purchase. Nichols: Madam President, Members of the Council this deal is not done yet. It hasn't been closed and I haven't seen a proposed closing statement yet. The record of survey shows that remaining piece, I think, at 12.188 acres or something like that. It was originally talked about as a 29-acre piece, but there was about 18 acres, I think, in the first piece and this is the left over. So, that could account for some of it. But, I don't think that the closing costs are that high. There would be title insurance, which you got to have and then there is some portion of the escrow fees. We don't pay a recording fee, so it shouldn't be that high. De Weerd: Mr. Bird. Bird: Madam President. Evidently, we are purchasing 30 -- De Weerd: .16 Bird: 30.16 acres when we thought it was 29, so that would add to that. I am like Bill, there are certain closing costs that we do have to pay, but I don't believe it's going to be that -- not near what Stacy was stating there. Strong: Madam President, Members of the Council, when we did the budget we thought it was an 11 acre piece, so we budgeted for 11 acres at $15,000 and then the additional acreage has increased the cost and we didn't consider any closing costs in that budget amount. It is my understanding that it's about six to seven percent or somewhere in that range for closing -- Bird: Shouldn't be. Strong: -- when you budget, but that is, something that we will have to consider in future purchases. Meridian City Pre-Council Meeting October 28, 2003 Pg.13of19 Nary: Madam President. De Weerd: Mr. Nary. Nary: So, is that seventeen for what we think it's going to be because, I mean, that makes sense if it's a little over another acre and it's fifteen an acre that it's probably close to 16, so we are around $1,500 in closing costs, which seems to make sense. That seems about right. So are we pretty confident that the $17,400 is it? Or pretty close to it, I guess. Nichols: Yeah. Councilman Nary, here is what I suggest we do before you ask for t he budget a mendment. We can get a draft closing statement, which we have asked for. So that we can see the actual numbers and when we have those actual numbers then before we close and accept the property we come back to you with a copy of the draft closing statement that would show what it is and the costs and so forth. Because if it's 12.16 acres the raw land cost at $15,000 an acre -- let's see here -- Kilchenmann: This is just -- in your packet-- Nichols: It would be $182,400. Kilchenmann: In your packet it's just an item under consideration so it's not-- Nary: Okay. Kilchenmann: So that you know - so that you are on alert. De Weerd: Thank you Stacy. Any questions? Bird: Madam President, I do want to clarify one thing. I know she said the over time at the Police Department was $250,000 and there was only $203,000 at the Fire Station, but you want to realize that the Police Station we have 56 or 57 employees where at the Fire Station we are only talking of 18 employees, so it's something that has got to be taken care of, the over time at the Fire Station. As far as I am concerned it is running way high for employees compared to the other. De Weerd: Agreed. Bird: I know we all agree. De Weerd: Please take that message. Kilchenmann: Okay. I'll take care of it. Meridian City Pre-Council Meeting October 28, 2003 Pg. 14 of 19 Bird: I just wanted to make sure that everybody knew that - - De Weerd: Please change things. Bird: - - still, they have a lot more employees. De Weerd: Okay, thank you Stacy. We will go back to Item NO.3 discussion of reopening the master plan on Eagle Island State Park and start with Elizabeth. Item 3. Discussion of reopening the Master Plan on Eagle Island State Park: Conner: Thank you Madam Chair and Council Members. My sincerest apology for the mix-up in time. I would like to blame my secretary, but since that's me I guess it's just me, so -- my name is Elizabeth Conner and I am the Executive Director of the Treasure Valley Partnership, which some of you might be familiar with. Mayor Corrie is a member of this. Somebody may be a new member of coming up this next year here. It's the Mayor's and Commissioner's meeting - - Canyon County that work on regional growth issues and transportation ideas and just get together once a month to talk about different things that are out there. A few months ago, an option - or an idea came up from Mayor Merrill from the City of Eagle regarding Eagle Island State Park and a couple of years ago the City of Eagle had looked at maybe taking over Eagle Island State Park as their City Park, but were unable to do it. As the Mayors and Commissioners were talking about recreational opportunities in the valley, Mayor Merrill brought this back up that the City of Eagle could not take over the State Park and the State was kind of looking to do something cooperatively with the cities and counties. So, I followed up with her and went through all the data and information that the City of Eagle had gathered and it was very clear that a number of people from both counties were interested in utilizing Eagle Island to its maximum. From the Equestrians, Boy and Girl Scouts, fisherman, a lot of the hikers and recreationists and things like that. So, we put it on the partnership agenda for March and Mayor Merrill asked the members if they would be serious about maybe perhaps, talking to the State Department's Park and Rec and they were. So, we had the director, Rich C ollanon, come talk to usa bout, you k now, what might bet he opportunities out there. He said the first step would be reopening the Eagle Island Master Plan that was adopted in 2000. So, the Partnership put together a little letter formally requesting reopening of the master plan. The first step in talking about this and what we might be able to do as a region for this state park was the Donna and Elizabeth show that we go around to all the communities and talk about this opportunity and show where the park is and discuss this a little furthertokindofget youon boardofwherewearegoing. So, I broughtmy favorite Treasure Valley map just to kind of give you a familiarization where exactly in the region Eagle Island sits is right there. So, as you all well know where is most of the growth going in the Valley, it is going up in this region and Meridian City Pre,Council Meeting October 28, 2003 Pg. 15 of 19 it's 560 acres 0 n the river. I t's a phenomenal 0 pportunity top reserve a large chuck 0 f I and for future generations to enjoy. S 0, I willi et Donna talk toy ou about the State's perspective on what might be able to be done for a regional and state partnership for this park. De Weerd: Thank you, Elizabeth. Griffin: Good evening Madam President, Council Members. My name is Donna Griffin. I am the fund and resource specialist for Idaho Department of Parks and Recreation. Thanks for the opportunity to be here. We have kind of a neat proposal on the table. What I will do is pass out a copy of a brief history of planning activities and then also a proposed strategy that we have planned on everybody just taking a look at and discussing here tonight for a second. (Inaudible). Basically, this is just a brief history of what h as happened 0 ut at Eagle Island State Park. In November of 1980, the Department of Parks and Recreation contracted with Richard and Carruthers, Associates to develop and master plan and create a master plan for Eagle Island State Park. Since then, based on that master plan we have the waterslide out there, the ponds, the picnic shelters, bathrooms, and the parking facilities that are in existence now. In November of 2000, a modified master plan was contracted for with Beck and Baird, Associates. They worked with Idaho Department of Parks and Recreation's staff as well as the public to develop a new master plan -- right here -- actually, since then too that was developed - or excuse me -- adopted by the Idaho Department of Parks and Recreation board in November of 2000. Since then there have been equestrian facilities placed within the park, including trails, floating facilities, (inaudible) -- access facilities, ramps, roads and parking facility for horse trailers. I know a part of that, for instance, was a golf course. I was recommended modification based on one single entity being able to take care and feeding of Eagle Island State Park. City of Eagle, after the plan was completed and these are kind of concurrent events -- City of Eagle engaged in talks with Idaho Department of Parks and Recreation for them to take over the maintenance and management of Eagle Island State Park. They found, however, that first of all it was going to be about $160,000 a year for bear bone's maintenance and operations for 562-acre Eagle Island State Park. Second the found in the survey that they conducted that t he use out there was a ctually a regional use. It was much more than the City of Eagle residents, which we pretty much know and was beyond their scope of being able to spend that kind of money on a facility outside the city limits. So, after about a year and one half of negotiations, all of sudden that was not going to be able to be a reality. . As we know, too, state parks has h ad to cut back on some 0 f their expenses out of Eagle Island State Park, among a cut in some of the other state parks as well. There is also subsequently, some legislation that came down that directed the Department of Parks and Recreation to work with local government agencies to address regional recreation needs if there was an opportunity to do so. Given all of that, Rick Callanan, director of the Department of Parks and Recreation, engaged in talks with the Treasure Valley Partnership to see if we could bring a Meridian City Pre-Council Meeting October 28, 2003 Pg. 16 of 19 regional perspective to the master planning process of Eagle Island State Park, be in the location of it. As Elizabeth told you the Treasure Valley Partnership requested that the master plan be reopened and that is where we are at today. Also, another reason for it is because of the growth in the area. The growth has exceeded any expectations of any planners. The recreation use in that area -- there is just not a lot of recreation opportunities in that area, nor in Ada County. Boise City's threatened to -- and they have been claiming for years that they are going to increase their fees and not be able to cater some of their programs to outside city residents and many, many residents throughout the county go to Boise City Parks. There is just all kinds of reasons why we need to retake a look at this thing. So, the Idaho Department of Parks and Recreation Board agreed to reopen it. This is where everybody else comes in. On the next page, is what we developed is kind 0 fat wo- fold approach. T he first i s c omi ng u p with a work group to develop a Memorandum of Understanding between all the agencies and State Department of Parks and Recreation that would address in the end how this process will go along and the rolls of the participating agencies in the process. Along those lines too, at the same time, there is going to be a proposed planning work group that we are looking at with representatives, of course, from City of Meridian sitting on that to bring ideas to the table. Through the planning processes we go through and want ideas from the local governments, basically again to address the regional needs of the folks in the area. What we are looking at is a pretty tight timeline. As you can see, the proposed timelines are listed below. Work group members would participate in about six meetings bringing the interest of the local governments to the table with planning ideas. The idea is to incorporate -- come up with a master plan with capital projects, a way to fund those projects, as well as a way to fund the maintenance and operation of the park. Along those lines also is hopefully doing away with the $3 entrance fee that we do charge at Eagle Island State Park for people to enjoy for a day use. The reason being is that doesn't necessarily fit in a urban area for a way that people want to go and enjoy their park sights. All these things are thrown out on the table, including everybody's ideas. To come up with the capital, possible modification to the master plan, make those recommendations to the Treasure Valley Partnership. The TVP will modify a little bit, come back to you with that proposal and all the other cities. We have eleven agencies that are involved in this throughout Ada and Canyon County. Then go to the Idaho Department of Parks and Recreation board for a recommendation to modification or no action - - it may be that too - as to what this thing would look like, how it is going to be funded and how it is going to go into perpetuity. So, we are just looking for the local governments input a nd then ultimately, too, public j nput and participation and how this thing would look and utilize that Eagle Island State Park as the resource that it is and be able to draw the attention to it and get the dollars in there and have the traffic and enjoyment for everybody throughout the Treasure Valley. So, that is kind of what we are looking at. We are looking at a pretty tight timeline. We are looking at going back to the I DPR Board in April or May of 2004 for the modification, possibly, and with these ideas. We are basically just looking for some participation from maybe a staff member or representative from the City Meridian City Pre.Council Meeting October 28, 2003 Pg. 17 of 19 of Meridian at the onset to give us your ideas and be able to come back to you and report to you on the progress of what we are doing with this. Eventually, you would get to see Elizabeth and I again. We will come back to you and haunt you. Just kidding. Probably about April or so and then go to the TVP again and to the IDPR Board. I would stand for questions. De Weerd: Council, any questions? Bird: I have none. De Weerd: I guess, Doug, I am assuming you are the designated representative. Nary: He is now. Strong: Madam Chair and Members of Council, Mayor Corrie has mentioned to me on a couple of occasions that he suggested to the Treasure Valley Group that I be a representative to this effort. I have not been involved with any of the meetings to this date. I would be happy to serve in that capacity. It looks like from the form that we have that we would have to have a Memorandum of Understanding or a Memorandum of Agreement to do that. Is that correct? Griffin: Madam President, Members of Council, Elizabeth, and I are just going on and putting on this dog and pony show to bring all of the counsels and commissions up to date and up to speed as to where we are at. Then hopefully get people on board like Doug to participate in the rest of these meetings later on. Secondly, the work group that we would like to think it would have MOU's sooner than later, but we all know how that process goes. So, I think it's going to be more of a parallel process to bring in those MOU's and eventually, it would be nice tot ake the M OU to utilize when we dog et the capital p lan, whatever a II these people dream up and bring that to you all for the capital plan and maintenance and operation. That MOU maybe would include the roles of those participants even after the planning process. We may end up with even two different MOU's. One for the planning process and what the roles are for everybody is and then what the role is after the completion of the master plan and adoption. We don't know where all that is going yet. That's what this work group will bring along and work on. It's a big job and I think we can get it completed, though, pretty quick. De Weerd: Elizabeth? Conner: Madam Chair if I may add too, as well. The MOU will not be put through the TVP because the partnership does not have any legal decision making authorities so it will come back to you and it could be very well that we have multiple MOU's depending on which entity decides to do what part or how they choose to work with the state, so it's going to be kind of a patchwork quilt. I i Meridian City Pre.Council Meeting October 28, 2003 Pg. 18 of 19 hope it's not a crazy quilt, but it will be linking together like that but it won't be made directly with the Partnership, just for your information. De Weerd: Thank you. Okay. Any questions? Bird: No. Nary: No. De Weerd: Okay. Thank you very much for joining us. Conner: We appreciate your time very much, thank you. Griffin: Madam President, I do have just a brief summary brochure of the current master plan if anybody is interested in seeing that. It's got a nice little map in it and I can pass those out. De Weerd: Thank you. Okay. Mr. Bird. Bird: Oh, okay. I'll go ahead and do that. I move that we go into an Executive Session per Idaho Code 67-2345(1 )(b) Nary: Second. De Weerd: Okay, it's been moved and seconded to adjourn into Executive Session per Idaho Code 67-2345(1 )(b). Mr. Clerk. Berg: Thank you Madame President and members of Council. Roll Call: Bird; aye, Nary; aye, McCandless; aye, De Weerd; aye. MOTION CARRIED: ALL AYES. Item 5. Executive Session per Idaho Code 67 -2345(1 )(b): Nary: I move we leave Executive Session. Bird: I second that. McCandless: All in favor? MOTION CARRIED: ALL AYES (Enter into Executive Session) (Return from Executive Session) / I / Meridian City Pre-Council Meetiny October 28, 2003 Pg. 19 of 19 McCandless: I will call this meeting back into order. Berg: We have to adjourn the pre-council first. McCandless: Yeah. We have to adjourn the Pre-Council first, I'm sorry. Nary: Madam Vice President. McCandless: Yes. Nary: I move that we adjourn the Pre-Council. Bird: I will second that. McCandless: All in favor. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: R3Jg:;d~;;'?OR I { 6 {04- DATE ATTESTED: January 15, 2004 MERIDIAi\! CITY COUNCIL MEETING APPLICANT January 20, 2004 ITEMi\JO. 3-A REQUEST Approve minutes of January 6, 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: V of'.jU f'Jt~rrr Contacted: Emailed: Dote: Stoff Initials: Phone: Malerials presented at public meefings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 6, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of October 28,2003 Pre-Council Meeting: B. Approve minutes of November 12, 2003 Pre-Council Meeting: C. Approve minutes of November 18, 2003 City Council Regular Meeting: D. Approve minutes of November 18, 2003 Pre-Council Meeting: E. Approve minutes of November 25, 2003 City Council Regular Meeting: F. Approve minutes of November 25,2003 Pre-Council Meeting: G. Approve minutes of December 9, 2003 City Council Regular Meeting: H. Approve minutes of December 9, 2003 City Council Special Meeting: I. Approve minutes of December 16, 2003 City Council Regular Meeting: J. Approve minutes of December 16, 2003 Pre-Council Meeting: K. Findings of Fact and Conclusions of Law for Denial: CPA 03-003 Request for amendment to the text of the Comprehensive Plan to Meridian City Council Agcnda - January 6,2004 Page I of 4 Allm;ilerials prescnted at public mectings shall become properly or lhe City of Meridiano Anyone dcsiring accoml11odation 1'01' disabilities related to doculllcnts und/or hearing please eonWellhe City Clerk's Ortlce at 888A433 alleasl48 hours prior to thc public meeting. allow new residential uses within the mixed use WWTP zoning designation for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: L. Findings of Fact and Conclusions of Law for Approval: V AC 03-006 Request for a Vacation of utility, drainage, and irrigation easement on the south 10 feet of Lot 2, Block 6 of Turtle Creek Subdivision No.1 by Tully Cove, LLC - west of North Linder Road and south of West Ustick Road: M. Findings of Fact and Conclusions of Law for Approval: PP 03- 030 Request for Preliminary Plat approval of 48 residential lots, 21 office lots, and 7 other lots on 14.58 acres in an L-O zone for proposed Sa~e Crest fka Maverick Subdivision by Dirk Marcum and Michael Riggs - south of East Overland Road on the west side of Millennium Way: N. Findings of Fact and Conclusions of Law for Approval: CUP 03-045 Request for a Conditional Use Permit to modify existing Planned Unit Development to allow for office uses along Overland Road and Millennium Way in an L-O zone for proposed Sa~e Crest fka Maverick Subdivision by Dirk Marcum and Michael Riggs - south of East Overland Road on the west side of Millennium Way: O. Findings of Fact and Conclusions of Law for Approval: CUP 03-056 Request for a Conditional Use Permit for an indoor soccer center in an existing business park in an I-L zone for Meridian Soccer Center by Meridian Soccer Property - south of East Franklin Road, west of South Locust Grove Road on East Piper Court: P. Findings of Fact and Conclusions of Law for Approval: CUP 03-053 Request for a Conditional Use Permit for development of a 2,800 square foot bank with drive-thru and future retail tenant with drive-thru in a C-C zone for Key Bank by CSHQA - south of East Overland Road and west of South Eagle Road: Q. Development Agreement: AZ 03~019 Request for annexation and zoning of 16 acres from RUT to R-8 zones for proposed Hi~h~ate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: R. Resolution No. Waste Franchises: Moratorium of Solid S. Water Main Easement for Steve Hill Office I Warehouse: Meridian City COllncil Agenda ~ January 6, 2004 Page 2 of 4 All materials presented at public meetings shall become propcrLy orthe City orMcridian. Anyone desiring accommodation Cor disabilities related to documents and/or hearing please contact the Cily Clerk's Onicc a1888-4433 at least 48 hours prior to the public mecting. T. Water Main Easement for Christian Family Matters: U. Purchase Order for Laser Fiche Up-Grade: V. Bear Creek Restroom Project Extension: W. Approve Bills: 4. Department Reports: 5. (Items Moved from Consent Agenda) 6. Ordinance No. AZ 03-019 Request for annexation and zoning of 16 acres from RUT to R-8 zones for proposed Hiqhqate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: 7. Tabled from December 16, 2003: Findings of Fact and Conclusions of Law for Approval: AZ 03-015 Request for annexation and zoning of 9.8 acres from RUT to R-8 zones for proposed Saqeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: 8. Tabled from December 16, 2003: Findings of Fact and Conclusions of Law for Approval: PP 03-020 Request for revised Preliminary Plat approval of 41 building lots and 9 other lots on 10.64 acres in a proposed R-8 zone for proposed Saqeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: 9. Tabled from December 16, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Saqeland Planned Development by Quasar Development- northeast corner of South Locust Grove Road and East Victory Road: 10. Continued Public Hearing from December 9, 2003: AZ 03-023 Request for annexation and zoning of 11 acres from RUT to R-8 zones for proposed Soda Sprinqs Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: 11. Continued Public Hearing from December 9, 2003: PP 03-027 Request for Preliminary Plat approval of 59 building lots and 8 other lots on 11 acres in a proposed R-8 zone for proposed Soda Sprinqs Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: Meridian City Council Agcnda - January 6, 2004 Page 3 of 4 All materials presented at public Illcetings shall becolllc property of the City of Meridian. Anyonc desiring accollllllodation for disabilities related to dOculllcnts andlor hearing please contact the City Clerk's Oftiee at 888-4433 at least 48 hours prior to the public mecting. 12. Continued Public Hearing from December 9, 2003: CUP 03-043 Request for a Conditional Use Permit for a Planned 0 evelopment for a mix of single-family detached residential lot sizes and amenities for proposed Soda SprinQs Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: 13. Continued Public Hearing from December 16, 2003: CUP 02-004 Request for Revocation of a Conditional Use Permit granted by the City of Meridian for John Nesmith for Meridian Automotive - 505 North Main Street: 14. Swear in New City Council Member Seat # 1 - Shaun Wardle: 15. Swear in New City Council Member Seat # 3 - Charles M. Rountree: 16. Swear in New Mayor - Tammy de Weerd: 17. Presentations: 18. Election of Officers: Meridian City COllncil Agenda - January 6, 2004 Page 4 of 4 Allmalerials prescnted at public mcctings shall bccome properly of the City of Mcndl;l11. Anyonc desiring accommodation lor disabilities related to documellls and/or hearing pleasc contact the City Clerk's Onlce at 888-4433 at IC;lSl 48 hOllrs prior to thc public meeting. Meridian City Council MeetinQ January 6, 2004 The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., on Tuesday, January 6, 2004, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, William Nary, Keith Bird, and Cherie McCandless. Others Present: Bill Nichols, Will Berg, Anna Powell, Gary Smith, Brad Watson, Kenny Bowers, Bill Musser, Stacy Kilchenmann, Wendy Kirkpatrick, and Dean Willis. Item 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Robert Corrie Bill Nary Keith Bird Corrie: All right. Ladies and gentlemen, I will open the City of Meridian City Council Meeting Agenda for the meeting Tuesday, January 6, 2004, at 7:00 P.M. Roll call attendance. You may have to take this over. I would like to thank everybody for- Item 2. Adoption of the Agenda: De Weerd: We would like to thank you all for coming here and joining us tonight to give our congratulations to the outgoing Mayor Mayor Corrie. He has deserved this well u well deserved some retirement and would like to thank you for being here on his behalf and also on behalf of the City Council and we will go ahead and start with Item Number 2, adoption of the agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve the revised agenda, which we added the delinquency of water, trash, and sewer bills as only the only addition to it. It's Item 14 now that's on the revised. Nary: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as revised. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: Meridian City Council Meeting January 6, 2004 Page 2 of 24 A. Approve minutes of October 28,2003 Pre-Council Meeting: B. Approve minutes of November 12, 2003 Pre-Council Meeting: C. Approve minutes of November 18, 2003 City Council Regulaf Meeting: D. Approve minutes of November 25, 2003 City Council Regular Meeting: E. Approve minutes of November 25, 2003 Pre-Council Meeting: F. Approve minutes of December 9, 2003 City Council Regular Meeting: G. Approve minutes of December 9, 2003 City Council Special Meeting: H. Findings of Fact and Conclusions of Law for Denial: CPA 03-003 Request for amendment to the text of the Comprehensive Plan to allow new residential uses within the mixed use WWTP zoning designation for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustlck Road: I. Findings of Fact and Conclusions of Law for Approval: VAC 03-006 Request f or a Vacation of utility, drainage, and irrigation easement on the south 10 feet of Lot 2, Block 6 of Turtle Creek Subdivision No.1 by Tully Cove, LLC - west of North Linder Road and south of West Ustick Road: J. Findings of Fact and Conclusions of Law for Approval: PP 03- 030 Request for Preliminary Plat approval of 48 residential lots, 21 office lots, and 7 other lots on 14.58 acres in an L-O zone for proposed SaQe Crest fka Maverick Subdivision by Dirk Marcum and Michael Riggs - south of East Overland Road on the west side of Millennium Way: K. Findings of Fact and Conclusions of Law for Approval: CUP 03-045 Request for a Conditional Use Permit to modify existing Planned Unit Development to allow for office uses along Overland Road and Millennium Way in an L-O zone for proposed SaQe Crest fka Maverick Subdivision by 0 irk Marcum and Michael Riggs - south of East Overland Road on the west side of Millennium Way: M. Findings of Fact and Conclusions of Law for Approval: CUP 03-056 Request fOf a Conditional Use Permit for an indoor soccer center in an existing business park in an I-L zone for Meridian Meridian City Council Meeting January 6, 2004 Page 3 of 24 Soccer Center by Meridian Soccer Property - south of East Franklin Road, west of South Locust Grove Road on East Piper Court: N. Findings of Fact and Conclusions of Law for Approval: CUP 03-053 Request for a Conditional Use Permit for development of a 2,800 square foot bank with drive-thru and future retail tenant with drive-thru in a C-C zone for Key Bank by CSHQA - south of East Overland Road and west of South Eagle Road: O. Development Agreement: AZ 03-019 Request for annexation and zoning of 16 acres from RUT to R-8 zones for proposed Hi~hQate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: P. Resolution No. Waste Franchises: Moratorium of Solid Q. Water Main Easement for Steve Hill Office I Warehouse: R. Water Main Easement for Christian Family Matters: S. Approve Bills: De Weerd: Okay. Item Number 3 is the Consent Agenda. Is there any discussion? Do we have a Resolution number for R? Okay. For the record, Resolution Number 04-417 is the item numberJor item R. Are there any changes? I would accept a motion. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda with the resolution number being noted as 04-417. Nary: Second. De Weerd: Thank you. Okay. It's been moved and seconded to note the Resolution Number 04-417. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Okay. Nowa motion on the Consent Agenda. Bird: Madam President? Meridian City Council Meeting January 6, 2004 Page 4 of 24 De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as noted, with Item R as 04-417, the resolution. De Weerd: Do you want anyone to sign and attest? Bird: Yes, I do. I want the Mayor to sign and the Clerk to attest. McCandless: Second. De Weerd: Okay. It's been moved and second to approve the Consent Agenda with the Resolution Number noted, with the Mayor to sign and Clerk to attest to all appropriate papers. Mr. Clerk, will you call roll. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES. Item 4. Department Reports: De Weerd: Thank you. Okay. Item Number 4. We know there is no department reports correct? Powell: Ma'am, I think I will pass tonight. De Weerd: What a good idea. Item 5. (Items Moved from Consent Agenda) De Weerd: Okay. Item 5 we did not move any items from the Consent Agenda. Item 6. Ordinance No. AZ 03-019 Request for annexation and zoning of 16 acres from RUT to R-8 zones for proposed Hiqhqate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: De Weerd: So, we move onto Item 6. Ordinance Number 04-1062. Mr. Clerk, will you, please, read this ordinance by title only. Berg: Thank you, Madam President, Members of the Council. Ordinance Number 04- 1062, an Ordinance finding that Eagle Springs Investment, LLC, the owner of certain real property generally located on the east side of Meridian Road, approximately one quarter mile south of Ustick Road, Meridian, Idaho, to be known as Highgate Subdivision and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing Mendian City Council Meeting January 6, 2004 Page 5 of 24 to the Council and that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada county recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. De Weerd: Thank you. That was done in record time. That set the tone for our Public Hearing applicants. Okay. You have heard Ordinance 04-1062 by title only. Is there anyone in the audience who would like it read in its entirety? Thank you very much. Hearing none, Council, do we have a motion? McCandless: Madam President? De Weerd: Mrs. McCandless, McCandless: I move that we approve Ordinance Number 04-1062, the request for annexation and zoning of 16 acres from RUT to R-8 zones for propose Highgate Subdivision by Harris Homes, LLC, with suspension of rules. Nary: Second. De Weerd: It's been moved seconded to approve Ordinance 04-1062. Mr. Clerk, will you call roll? Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES. Item 7. Tabled from December 16, 2003: Findings of Fact and Conclusions of Law for Approval: AZ 03-015 Request for annexation and zoning of 9.8 acres from RUT to R-8 zones for proposed Saqeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: Item 8. Tabled from December 16, 2003: Findings of Fact and Conclusions of Law for Approval: PP 03-020 Request for revised Preliminary Plat approval of 41 building lots and 9 other lots on 10.64 acres in a proposed R-8 zone for proposed Saqeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: Meridian City Council Meeting January 6, 2004 Page 6 of 24 Item 9. Tabled from December 16, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Saqeland Planned Development by Quasar Development- northeast corner of South Locust Grove Road and East Victory Road: De Weerd: Thank you. Okay. We will open Items 7, 8 and 9. It's limited to discussion on just the circulation within the subdivision and we will open it with staff comments. Powell: Madam President, Members of the Council, this one is, actually, just limited to discussion by staff regarding the findings. It's your next set of hearings that are limited to circulation. De Weerd: Okay. Sorry about that. Powell: That's okay. We do have a revised Preliminary Plat, as shown here with the traffic-calming island at the intersection of Seniorella Lane. There is only one modification. They also wanted to point out that they would be requesting the garages to be within five feet of the rear lot line as shown here with the hatched areas. They had requested that previously on the properties on the north side of Sagemoor Drive there, so it's just an extension of that already approved condition. I did ask that there be some clarification to Item A-3 in the findings and that would be -- right now it reads: The reduction to the frontage and minimum lot sizes are approved as submitted and we'd like to add the phrase: With the clarification that reduced rear setback of five feet only applies to garages. With that, I believe these findings are ready to go. De Weerd: Great. Anna, what is the width of the island? Powell: It is 10 feet. De Weerd: Excellent. Well, good job. Any questions for staff? Would the applicant like to step forward? I knew you could do it, Wayne. Will you, please, raise your right hand? Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? Forrey: I do. De Weerd: Thank you. Please state your name and address. Forrey: My name is Wayne Forrey. My address is 1952 South Wild creek Way, Boise, Idaho 83709. Congratulations, this is a very fun, historic, evening in our government, and it's nice to be here for part of that. Boy, if the City Council is happy with this, we are happy. How is that for short? De Weerd: Brevity is great. Meridian City Council Meeting January 6. 2004 Page 7 of 24 Bird: We will take it. De Weerd: Anything, with the exception of Mr. Nary? Bird: Madam President? De Weerd: Mr. Bird. Bird: I need to ask Anna a question. Anna, what's the date on the revised Preliminary Plat, for the record? Powell: Sorry. Slowing things down December 31 st, Bird: December 31, 2003? Powell: Yes. Madam President, it is nine feet. It's not 10 feet but I was satisfied. Bird: And also, Anna, on the A-3, is that under the Preliminary Plat, the conditions, and the change in wording? It isn't under the annexation and zoning or the planned, is it? Powell: For the Conditional Use Permit. Bird: CUP. Okay. De Weerd: Okay. Bird: Thank you. De Weerd: Is there anything else? Forrey: I'd just like to shake Mayor Corrie's hand. Corrie: Well, thank you. De Weerd: Okay. Council, is there any further discussion before you close the Public Hearing? Okay. Bird: Madam President, I move we close the Public Hearings on Item 7, 8 and 9, the Sageland Development by Quasar Development. Nary: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Items 7, 8 and 9 for Sageland Planned Development by Quasar Development. All those in favor say aye. Okay. All ayes. Motion carried. Meridian City Council Meeting January 6, 2004 Page 8 of 24 MOTION CARRIED: ALL AYES De Weerd: If there was no discussion, I would accept a motion on Item Number 7. Bird: Madam President? De Weerd: Mr. Bird. Bird: I'd move that we approve AZ 03-015, the request for annexation and zoning of 9.8 acres from RUT to R-8 zones for proposed Sageland Planned Development by Quasar Development, LLC. The northeast corner of South Locust Grove Road and East Victory Road and the attorney to draw up Findings of Facts and Conclusions of Law -- I guess it's already done. We just want to approve it with suspension of rules. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the Findings of Facts and Conclusions of Law for AZ 03-015. Mr. Clerk, will you call roll. Roll Calf: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRI ED: ALL AYES. De Weerd: Thank you. Item Number S. Mr. Bird. Bird: Yes. Thank you. See if I can do better. I move that we approve PP 03-020, the request for the revised preliminary plat approval of 41 building lots and nine other lots on 10.64 acres in a proposed R-S zone for the proposed Sageland Planned Development by Quasar Development, LLC. I believe the only thing that would be added to those Findings of Facts is the date of December 31, 2003 for the revised preliminary plat. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the Findings of Facts and Conclusions of Law for PP 03-020. Mr. Clerk. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES De Weerd: Okay. Item Number 9. Bird: Madam President? De Weerd: Mr. Bird. Meridian City Council Meeting January 6, 2004 Page 9 of 24 Bird: I move that we approve the CUP 03-036, the request for a Conditional Use Permit for a planned development with a private neighborhood park in an R-8 zone for proposed Sageland Planned Development, with one addition to the findings of A-3, adding with the clarification that the reduced rear setback of five feet only applies to garages. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the Findings of Facts and Conclusions of Law for CUP 03-036, with the changes to A-3 on the reduced setbacks for the -- limited to garages only. Mr. Clerk, will you call roll. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 10. Item 11. Item 12. Continued Public Hearing from December 9, 2003: AZ 03-023 Request for annexation and zoning of 11 acres from RUT to R-8 zones for proposed Soda SprinQs Subdivision by JU Enterprises, Inc. - 2310 and 2384 East Victory Road: Continued Public Hearing from December 9, 2003: PP 03-027 Request for Preliminary Plat approval of 59 building lots and 8 other lots on 11 acres in a proposed R-8 zone for proposed Soda Sprinqs Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: Continued Public Hearing from December 9, 2003: CUP 03-043 Request fora Conditional Use Permit for a Planned Development f or a mix of single-family detached residential lot sizes and amenities for proposed Soda SprinQs Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: De Weerd: Okay. Items 10, 11, and 12. I will open the Public Hearings and begin with staff comments. Powell: Madam President, Mr. Mayor, Members of the Council, this was just very brief, to refresh your memory, it was tabled just for -- to continue the Public Hearing on the issue of circulation and parking and one way streets versus two way streets and the safety related to those. The site plan -- again, the question was whether or not to make these a one-way grid pattern. After considering it with ACHD and with the applicant and planning staff, we did agree that it wouldn't be wise -- it wouldn't be in the best interest of the city to start having one way residential streets within a neighborhood. We felt that it would be unclear to people entering the subdivision or illogical to people entering the subdivision as to why there was a one-way grid pattern. We also felt that it wouldn't necessarily increase the safety on those streets. We have worked with the applicant Meridian City Council Meeting January 6, 2004 Page 10 of 24 regarding some of the narrower street widths and we do have the following revisions to run by you anyway. T his street was a half plus 1 2 street at t he last hearing, which meant that there would be no parking on either side of this roadway. The applicant has worked with ACHD to come up with -- just a second. This is the -- this was handed out to you. The top one is what was proposed at the last hearing. The second one -- there we go. Going the right direction now. What they would do -- the only change is in this area right here. Before it was a gravel shoulder and what they will do is they will go ahead and put the rolled curb and gutter, so that, then, it becomes a 29 foot back-of- curb to back-of-curb section, which is the standard narrow ACHD street. It would allow parking on one side. That would increase the available parking spaces, which was a concern. The other issue was this front street. Although it was a 50-foot right of way, it was still a 29-foot street section, so it did just allow the parking on one side. What I thought might be a possible solution is to go ahead and increase that by 36 -- to a full 36-foot street section. The applicant could, actually, increase the width of the right of way if the city were to grant a reduced front setback. Right now, we are asking for a 15- foot front setback. Because these are alley loaded and the whole idea is to bring these forward, it would seem reasonable to have like an eleven foot front setback, thereby giving the applicant eight more feet to widen the right of way and, then, increase that street width to a full 36 foot back-of-curb to back-of-curb, which would allow parking on both sides. I think that that would address some of the Council's concerns from last time. The applicant is in agreement with these suggestions, both for the partial roadway on the east and, then, the center roadway and that was all that staff had. De Weerd: Anna, do you have a copy of this packet that we received from the board president of Sherbrooke Hollows? Powell: No. De Weerd: We just had it in front of us today as well. It's not date stamped, so I'm not sure when we received it. Powell: Madam President, Members 0 f t he Council, regarding t he first I tem, the ten percent open space, we have checked the open space calculations several times, and they are within the ten percent. To my knowledge, the city hasn't dictated CC&Rs. That's the second item. The third item is typically one that I believe we handle at the final plat stage. Yes. I'm getting a nod of agreement from the city engineer regarding the third item. I think we are okay. De Weerd: Okay. Okay. Thank you, Anna. Any questions for staff? Is the applicant here? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Suggs: Yes. De Weerd: Thank you. Please state your name and address. Meridian City Council Meeting January 6. 2004 Page 11 of 24 Suggs: Jane Suggs, 200 Louisa Street in Boise, representing the Soda Springs Subdivision. I don't have, really, any testimony. I know we wanted to limit the testimony just to the staff on these particular issues and we are in agreement with the staff and appreciate the staff and ACHD working with us on this and agree with all the recommendations that the staff has made. De Weerd: Okay. Any questions? Thank you, Jane. Suggs: Thank you. Powell: Madam President, 1'm sorry, the Chief of Police just reminded me that there was an issue related to the one way alleys and that there was a recommendation from both ACHD and the city regarding the one way alleys and I believe that the applicant will nod that she's in agreement with that, so -- De Weerd: Yes. Thank you. Okay. Is there any further comments or questions from Council? Okay. Discussion? Or would you like to close the Public Hearing? Nary: Madam President? De Weerd: Mr. Nary. Nary: I'd move that we close the Public Hearing. McCandless: Second. Bird: Second that. De Weerd: Okay. It's been moved and seconded to close the Public Hearing items on 10, 11, and 12. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Discussion? Nary: Madam President? De Weerd: Mr. Nary. Nary: I'd move that we approve AZ 03-023, the request for annexation and zoning of 11 acres from RUT to an R-8 zone for proposed Soda Springs Subdivision by JU Enterprises. 2310 and 2384 East Victory Road, pursuant to all staff comments, as well as the applicant's agreement, and for counsel to prepare Findings of Facts and Conclusions of Law, Decision and Order. McCandless: Second. Meridian City Council Meeting January 6. 2004 Page 12 of 24 Bird: Second. De Weerd: Okay. It's been moved and seconded to approve AZ 03-023, request for annexation and zoning for 11 acres from RUT to R-8 zones for Soda Springs Subdivision, with the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Mr. Clerk, will you calf roll. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES De Weerd: Thank you. Item Number 11. Nary: Madam President? De Weerd: Mr. Nary. Nary: I don't know what the date on this Preliminary Plat is. Powell: It's dated by the engineer on October 21st. Nary: Thank you. Madam President? De Weerd: Mr. Nary. Nary: I'd move the approval of PP 03-027, the request for preliminary plat approval of 59 building lots and eight other lots on 11 acres in a proposed R-8 zone for the proposed Soda Springs Subdivision by JU Enterprises. 2310 and 2384 East Victory Road, pursuant to all staff comments, as well as the applicant's concessions in regards to the plat and the plat that's dated October 21, 2003 and for counsel to prepare Findings of Facts and Conclusions of Law, Decision and Order. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve PP 03-027, request preliminary plat approval of 59 building lots and eight other lots on 11 acres in a proposed R-8 zone for Soda Springs Subdivision. With the request of the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order and to note the changes per the agreement of staff and applicant. Mr. Clerk, will you call roll. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRI ED: ALL AYES De Weerd: Thank you. Item Number 12. Meridian City Council Meeting January 6, 2004 Page 13 of 24 Nary: Madam President. De Weerd: Mr. Nary. Nary: I'd move the approval of CUP 03-043, request for a Conditional Use Permit for a planned development for a mix of single family detached residential lot sizes and amenities for proposed Soda Springs Subdivision by JLJ Enterprises. 2310 and 2384 East Victory Road, pursuant to all staff comments, including the additional comments provided by Wendy Kirkpatrick dated today, January 6, 2004, as well as the additional drawing that has been submitted regarding the street sections, also dated January 6th of 2004. For counsel to prepare Findings of Facts and Conclusions of Law, Decision and Order. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve CUP 03-043, request for a Conditional Use Permit for a planned development for a mix of single-family detached residential lot sizes and amenities for Soda Springs Subdivision. To include the memo of January 6th by staff and the submitted drawings and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. And ask the clerk to call roll. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES De Weerd: Thank you. You guys thought we would be here all night. Bird: We are not finished yet. Item 13. Continued Public Hearing from December 16, 2003: CUP 02-004 Request for Revocation of a Conditional Use Permit granted by the City of Meridian for John Nesmith for Meridian Automotive - S05 North Main Street De Weerd: The pressure is on the next applicant. Okay. Item Number 13 is a continued Public Hearing from December 16, 2003. CUP 02-004, request for revocation of a Conditional Use Permit granted by the City of Meridian for John Nesmith for Meridian Automotive. We will open it with staff comments. Kirkpatrick: Madam President, Mayor, Members of the Council, I trust that you have all read the memo summarizing the proposed modifications to the CUP and am available for any questions. I wanted to note a few things. The site plan, which we are recommending approval of, is dated December 30, 2003. So, that should be a part of your motion, if you make a motion this evening. And the applicant is proposing to have Meridian City Council Meeting January 6. 2004 Page 14 of 24 the sign being constructed approved as is. Staff does not support this. We want for the sign to be in compliance with the current sign ordinance, That would be -- Powell: We discussed before, since there is no standards for the OT, but there was a sign permit issued and they need to be in compliance with the sign permit t hat was issued, which would require that they take off the Nesmith Brothers Towing, which is in this area here. Bird: Madam President? De Weerd: Mr. Bird. Bird: What date, Wendy, did you say was on the -- Kirkpatrick: The site plan was dated December 30,2003. Bird: The one I have got here is December 29, 2003. One day off, Kirkpatrick: That's my mistake. It is December 29,2003, De Weerd: Anna, the Mayor wanted to know if the applicant agreed to removing the part of the sign that you have suggested. Kirkpatrick: We will want to ask the applicant. I think that he is -- he is requesting that you accept the sign as is. De Weerd: Okay. Kirkpatrick: So, you will need to address that. De Weerd: Okay. Mr. Attorney, I forgot to swear staff in. Do I need to do that? Nichols: Madam President, I don't think it's necessary at this point. Technically, that probably t he prior swearing ins 0 n this particular matter continue, but you can if you choose to do so in order to put a record to staff's comments. De Weerd: Okay. Just so, we can put your comments on record, if you will raise your right hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Kirkpatrick: Yes. Powell: Yes. De Weerd: Thank you. Is the applicant here? Come on down. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council Meeting January 6, 2004 Page 15 of 24 Nesmith: Yes. De Weerd: Thank you. Please state your name and address. Nesmith: John Nesmith. 505 North Main in Meridian, Idaho. De Weerd: Thank you, John. Nesmith: I propose to -- that the Council approve all the modifications to the CUP as submitted and as, actually, outlined in the letter that you have dated January 2, 2004, which has staff recommends approval of all the proposed modifications, including leaving the sign as is. I don't know why it changed from yesterday, but it did. De Weerd: Staff, would you comment about what has changed since you met with the applicant. Powell: I got involved and I had supported Sonya in her -- her interpretation of the code and I wanted to continue that support for the sign permit that was issued. I thought it was a reasonable compromise given the standards for the C-G zone and it was a reasonable interpretation on her part and I wanted to support her in that and I had perhaps not made that clear enough to Wendy prior to her meeting with John and drafting the memo. I apologize for the confusion. The sign issue -- the sign permit was issued, I believe, a couple weeks ago. De Weerd: Okay. Well, that's conversation for Council. Are there any questions for the applicant? Bird: I have none. De Weerd: Anything further you'd like to add, John? Nesmith: No. I just tried to do everything in my power to get this done and I'd appreciate approval as submitted. De Weerd: Okay. Thank you. Nary: Madam President? De Weerd: Mr. Nary Nary: I don't want to get too hung up on this sign, but I mean is the issue with the sign because there are two businesses on the sign or because of the proximity of the road? That was the discussion previously. Meridian City Council Meeting January 6, 2004 Page 16of24 Powell: The issue is that the sign exceeds the allowed background area for even the C- G zone, which would be the most comparable zone for this use. Nary: But the applicant couldn't even seek a variance, since we don't have a standard in which to vary from. Right? Powell: Correct. Nary: Okay. De Weerd: And I guess, just to add onto that, is we don't really have standards for our downtown area at this point for the sign ordinance; is that not correct? Powell: Correct. So, what they have done in the past and what Sonya felt was the best approach on this sign permit was to look at the comparable zone, which was the C-G zone, and to look at t hat and I believe it was also -- the C-G zone allows the most maximum background area, so -- De Weerd: 0 kayo Anything further? 0 kayo 0 iscussion before we close the Public Hearing? None? Okay. I would entertain a motion, McCandless: Madam President? De Weerd: Mrs. McCandless. McCandless: I move we close the Public Hearing. Bird: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item Number 13. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: Discussion? Nary: Madam President? De Weerd: Mr. Nary. Nary: I guess I'm -- I think we have made the point. I think Mr. Nesmith has gotten the point. I think we have come a long way with this. I appreciate the work that staff has done, as well as Mr. Nesmith in getting this to this point. I'm willing to let Mr. Nesmith's sign be the cutting edge on what we are going to do in the future for Old Town and not make that an issue for today. Meridian City Council Meeting January 6, 2004 Page 17 of 24 Bird: I concur. De Weerd: Okay. Any further discussion? Okay. I would -- Mr. Attorney, what is the proper action that we take at this time? Nichols: Madam President, Mayor, Members of the Council, it would be a motion to modify the Conditional Use Permit in accordance with the revised conditions as laid out in the memo dated January 2, 2004. De Weerd: Thank you. Bird: Madam President? De Weerd: Mr. Bird. Bird: Hearing no further comment, I would move that we revise the CUP 03-004, the request for revocation of the Conditional Use Permit granted by the City of Meridian for John Nesmith for Meridian Automotive, with the new conditions as stated in a letter -- memorandum from city staff, dated January 2, 2004, and approve the revised CUP. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve and to use the memo of January 2, 2004, by staff with the conditions for the revised conditional use on Meridian Automotive and I will ask the City Clerk to call roll. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRI ED: ALL AYES Item 14. Water, Sewer & Trash Delinquencies: De Weerd: I would like to thank the staff and the applicants that -- I know that there was a lot of background work done to make sure that we went through these items on a timely basis. Thank you all for making that happen. I will go ahead and -- Item Number 14, which is the water, sewer, and trash delinquencies. 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, January 6, 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. Your service will be discontinued on January 7,2004, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? I bet you wouldn't admit it today if you had to. Nary: Not with that camera rolling. Meridian City Council Meeting January 6, 2004 Page 18 of 24 De Weerd: Well, no response, they are hereby informed that they may appeal and have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even though they may appeal, their water will be shut off. The amount of the turn-off list is $27,305.35. Council, do I have a motion? Mrs. McCandless, do you have a motion to make? McCandless: Yes. I will make the motion. I move that we approve the delinquency turn-off list scheduled for January 7,2004, in the amount of $27,305.35. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve the delinquency for turn off scheduled for January 7th for the amount of $27,305.35. Mr. Clerk, will you call roll. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd, President, let me just say that this is the easiest meeting I have -- De Weerd: Boy, I shouldn't have let you off that easy. Should have at least let you do the delinquency list. Corrie: Oh, no. I was on that once. De Weerd: I wasn't going to say anything. Item 15. Swear in New City Council Member Seat #1 - Shaun Wardle: De Weerd: Okay. Item Number 14. We w ill turn this over to the City Clerk is that correct? What is the protocol? Berg: Madam President, if I may, I'll just say that we are going to kind of go in order of the agenda and just swear in the new Council and Mayor. Berg: Please raise your right hand and repeat after me. I, Shaun Wardle, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Idaho and the laws and ordinances of the City of Meridian, Idaho, and that I will do the best of my ability to faithfully perform the duties of the office of City Council in the City of Meridian, Idaho, during my continuance therein, so help me God. (Repeated by Mr. Wardle.) Meridian City Council Meeting January 6. 2004 Page 19 of 24 Berg: Thank you. Item 16. Swear in New City Council Member Seat #3 - Charles M. Rountree: Berg: Please raise your right hand and repeat after me. I, Charles M. Roundtree, Jr., do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Idaho and the laws and ordinances of the City of Meridian, Idaho, and that I will to the best of my ability faithfully perform the duties of the office of City Council in the City of Meridian, Idaho, during my continuance therein, so help me God. (Repeated by Mr. Rountree.) Berg: Congratulations. Item 17. Swear in New Mayor - Tammy de Weerd: Berg: Please raise your right hand and repeat after me. I, Tammy de Weerd, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Idaho and the laws and ordinances of the City of Meridian, Idaho, and that I will do the best of my ability to faithfully perform the duties of the office of City Council in the City of Meridian, Idaho, during my continuance therein, so help me God. (Repeated by Mrs. de Weerd.) Berg: Congratulations. Item 18. Presentations: De Weerd: Well, I would like to introduce your new City Council. Mr. Keith Bird, Mr. Charlie Rountree, Mr. Bill Nary, and Mr. Shaun Wardle. We do have some presentations to make and so I would like to ask that the Mayor, please, step forward. Okay. We had -- the family put together a reception for the Mayor yesterday. Very appropriate and well attended. I think there was a lot of emotion. We have a Mayor here who has given eight years of service as Mayor and four years of service as Council member, for a total of 12 years. He has shown great dedication and commitment to our city and we are very appreciative of that and I would like to present him this plague and would like to read it to you. It's to Robert D. Corrie, Mayor, City of Meridian, presented in appreciation for your contribution and service to the City of Meridian as Mayor from January 1996 to January 2004, and as City Council member from January 1992 to January 1996. Your dedication and commitment to the citizens of the City of Meridian and its employees is greatly appreciated. Thank you for your leadership and involvement in this community, January 6, 2004. Thank you to his family, too. We have one other presentation we'd like to give you. Meridian City Council Meeting January 6. 2004 Page 20 of 24 Bird: On behalf of all the City Councilmen that have served under you, the fellow Councilmen that served with you for the 12 years, and I was lucky enough to serve six years under you, I appreciate it. We'd like to give you this little token gavel that maybe if you don't behalf what the doctor tell you to, Jeri can hit you with it. Okay. Anyway, congratulations. Thank you, Bob, for everything. De Weerd: Mrs. McCandless, we have a presentation that I will ask Councilman Nary to, please, present. Nary: Normally, I hate to have to talk on the mike here, but before I read the plaque, I have had the privilege of sitting by Cherie McCandless the last two years and have thoroughly enjoyed that opportunity. She is a good friend and a good member of this community and we are better off as a community because of your service here, Cherie, and I don't think we can say enough thank you for all you have done for our city and for the time you have spent. It's a lot more time than people realize. I will read the plaque. Cherie McCandless, City Council Member, City of Meridian, presented in appreciation for your contribution and service to the City of Meridian as City Council member from January of 2000 to January 2004 and as vice-president of the City Council. That's for the last two years. The City of Meridian greatly appreciates your dedication and commitment to serve this city and community, January 6, 2004. McCandless: Thank you. De Weerd: Before we move to the last item on our agenda, I would like to ask each of the Council Members if they have anyone special in the audience that they would like to recognize as well. Where did my agenda go? It's there on the corner. Bird: Here. De Weerd: If you have -- if you have anything you would like to say. Councilman Roundtree, we will start with you. Rountree: Thank you, Mayor. The last time I was here with a crowd this size it was an indication of a couple things. One, it was going to be a real long night and a whole bunch of people weren't happy. Tonight is another turn on that. It's a great event for me personally and, hopefully, for the audience with your friends and family up here being sworn in and starting the next era for the City of Meridian. I'd personally like to thank my wife Nancy for her support, without which I wouldn't be here. She gave me the thumbs up w hen I brought up the subject a gain and thank you, dear. M y sister Susan Troyer, who patty footed around a lot of neighborhoods in Meridian putting out fliers during the campaign. My brother-in-law Terry Amos, who was my treasurer and the support he provided. My family. My son Tyler, daughter-in-law Beth and, of course, my granddaughter Madeline a nd my brother-in-law Don T royer. I don't see the 0 ther folks that worked diligently on the campaign here, but one person I would like to recognize is John Tomkinson. A friend who got the things done that I needed to get one when I didn't have the time to get them done and, John, if you're here -- I don't see you, Meridian City Council Meeting January 6, 2004 Page 21 of 24 but, for the record, thank you very much. I'm looking forward to the next four years and I hope I can serve this community well. Thank you and thank you for your support and for being here this evening. De Weerd: Councilman Wardle. Wardle: Thank you, Mayor. I'd first like to thank you everyone here for being here to celebrate and to witness this great occasion this evening. I'd like to thank the community of Meridian for believing in the ideas that I have and for coming together as a community to promote a better Meridian. I would like to thank you my family, my wife Niki and the rest of my family for supporting me and continuing to support not only myself, but the community in Meridian and I look forward in the next four years to promoting Meridian, to promoting healthy businesses and to promoting the safety and happiness of our citizens. Thank you very much. I appreciate it. De Weerd: I would like to recognize a couple of people who will be sworn in or sworn at next week. From the City of Kuna, we have our Mayor Elect Dean Ombrey and two new Council Members, Zela Johnson and Jeff Lange. We sure appreciate you being here with us tonight a nd I will bet here to see you sworn inn ext week and we look forward to a partnership with the City of Kuna and working together, because before too long I guess we will be a lot closer than we realize. We do appreciate the fact that you came here tonight and your support and we look forward to a partnership with your city. Also, I see Commissioner Bivens from ACHD is here this evening. Thank you, Dave, for being here. Planning and Zoning Commissioner David Zaremba is here. I see the Chair of our Meridian Development Corporation Craig Slocum and I believe the historical preservation -- one of the members there Walter Lundgren is here. Way back in the back, I see representative Mark Snodgrass. Thank you, representative, for being here. Now that we have got some of our city leaders and community leaders recognized, I would I ike to recognize my family. I probably should save that to last, because I always get emotional. My husband said you should safe the emotional stuff until the end, but I don't always follow what he says. I'm sure that surprises you all. My husband has been very integral and I would underscore the statements that Charlie said about his support from his spouse Nancy, that without the support of a family you certainly couldn't do that. We saw that yesterday in the celebration of the service that Mayor Corrie has given to this community and I know I have had full support from my family from the day I started on the Parks and Recreation Commission and I would like to thank him and my two daughters and maybe you all should stand. I don't see one of my daughters but, Jan, my daughter Janelle. I also -- I don't know if you have noticed, but I had -- I started my campaign very early to get out into the community to listen to what our citizens had to say and a long the way I met some very good new friends. Believe it or not, solidified some very strong friendships and I would like to recognize a couple of those key people, not only in my campaign, but that tolerate me and support me and lift me up long ago and also I do even have a family member representative here representing my grandfather's side Ted Eichenberger. Thank you so much for being here today. I appreciate your support. I will let my poppa know that you were here. Also my grandfather Marshal Eichenberger was very concerned about me and Meridian City Council Meeting January 6. 2004 Page 22 of 24 probably why Ted is here today. Also my neighbors down the street, the Pipkins, Burl and Viv, they asked early on to keep an eye on us and they have done a very good job in keeping an eye on us and holding us close and we have appreciated your friendship and I hope we don't let you down. Then, Cheryl Brown, who has been a great friend to me and she's kind of -- well, I won't go into everything. Thank you, Cheryl. Chris Dixon. I see Joe Anderson. Mike Brown. Dick Armstrong. John Stubblefield. My friend and firefighter Bill Allen. You know, I feel that I have gained some great relationships with staff. I wanted you to know that I will do my utmost to work with, support you, and know that we are a team. I'm here to help you in your success, so that we can be successful as a city and I hope I won't let down your trust and hope to see the many things that we can achieve together. I would like to recognize our department heads and, then, ask all of our staff members to join them in standing after we recognize each of our department heads. We have John Shawcroft with our water and sewer. Please stand up, John. Our treasurer is Janice Smith. Kenny Bowers is our Fire Chief. Our HR Director is Pauline Skeggs. We have our city engineer Brad Watson. I believe that -- Stacy, is she still here? Stacy Kilchenmann. She's our Finance Director. Anna Powell, our Planning and Zoning Director. Gary Smith, our Public Works Director. I believe that Chief Musser is still back there somewhere, our Chief of Police. Okay. Rick Clinton, I see him way in the back, too. Is Doug there is as well? Doug Strong, our Parks Director. Thank you all and, again, I believe that this team sitting up here, just like the last team, will be great supporters of yours and your success and we look forward to working together with you and if the rest of the city staff that are here would, please, stand up, I would appreciate recognizing you all, too. It might seem odd that I didn't mention our City Attorney or City Clerk, but, you know, they are just common to us and, you know, sometimes we just fail to recognize the importance, but, you know, they are a member of our team, very integral as you saw tonight. Will and Bill, thank you so much and we look forward to continuing to work together with you. Also, my new administrative assistant Peggy Gardner in the back. If I forgot to recognize anyone, I apologize, but you know, the party starts at 8:00. I would like to wish Eric Bush a happy birthday and thank you for joining us on your birthday. Okay. We will go ahead and move to -- well, we have already done the last -- Bird: We have the elections. Item 19. Election of Officers: De Weerd: Election of officers. I would ask for nominations for the position of president of City Council. Roundtree: Madam Mayor? De Weerd: Councilman Rountree. Rountree: I would like to offer the name of Councilman Bill Nary as Council President. Bird: I would second that. Meridian City Council Meeting January 6, 2004 Page 23 of 24 De Weerd: Okay. Is there any further discussion, anything from -- you're awfully silent. Bird: Madam Mayor, I'd move we close the nominations. De Weerd: Okay. It's been moved to close the nominations. The nomination stands, as Bill Nary will be our next president of City Council. I didn't ask you to vote, because there was nothing to vote for. Bird: There was nothing to vote on. De Weerd: Okay. Nominations for vice-president. Nary: Madam Mayor, I would move to nominate Councilman Bird as the Council vice- president for the next year. Rountree: I'll second that. Corrie: Okay. Any discussion, Mr. Bird? Bird: I have none. De Weerd: N ow I know h ow to s hut them up. Great. 0 kayo I f there is no further discussion, we will close the nomination -- or I would entertain a motion to close the nomination. Rountree: So moved. Nary: Second. De Weerd: Okay. Moved and seconded to close the nominations for vice-president of City Council. Our new vice-president is Mr. Keith Bird. Now, Mr. President, did you want to assign departments? Nary: Why don't we do that next week. We can adjourn the meeting here and move on. De Weerd: Okay. Well, thank you all for joining us and we do have a reception at the Cherry Lane Golf Course clubhouse and would love to have you join us and appreciate all of you being here and joining us for this celebration tonight. Thank you. I will adjourn this meeting. It is -- Nary: Don't we need a motion to adjourn? Bird: I'd move that we adjourn the City Council Meeting. Wardle: Second. Meridian City Council Meeting January 6, 2004 Page 24 of 24 De Weerd: Okay. What time is it? Thank you, Janelle. We will -- all those in favor of adjourning the meeting? MOTION CARRIED: ALL AYES De Weerd: Meeting adjourned. 8:05. MEETING ADJOURNED AT 8:05 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: I I 20 I 04 DATE ERD, MAYOR \ \ \ \ \ 111 ii' /,' '{'" \,\ ..- "(;r- I), "\,\ 0'- r-.: ;~:.i:l.'''i''~ I.."" .....,"" ~ !, ~:,.;-.: , ~..t'.~ -.' ~ --."~, . .2' (j o?-rUr;'~11':" ,. " 2" -to <;0 \ "., dh ~ SEAl \;. VlA//" .L.~ ~' := TED: /~ /if · ~ 'Yc-o,..... ....~ 0 j" WILLIAM G. BERG, JR., TV LERK ~."o ....oT 1S"\ ' ..('.;;: ~<-. J1 ,'S)~ ,,:-'::- ...... 0....... ...-..f ... ~. ~"'J'I UV~,! t '\ . .\"i.";' ./JJ;':i;L~~1 ~ nYh-'j,\'~ December 31, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Wardle and Associates CPA 03-003 January 6. 2004 ITEM NO. REQUEST Findings - Request for Amendment to the text of the Comprehensive Plan to allow new residential uses within the mixed use WWTP zoning designation for proposed Stapleton Subdivision - 3680 West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY A1TORNEY 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 c~ Contacted: Emailed: Dote: ine: . 0 0 - {\.{ Q', 0 I^""\...Staff Initials: C / Materials presented at public mee . gs shell become property of the f Meridiem. City Of Meridian "'. . C li""lty lerk Office BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 10-21-03 CIC 11-05-03 CIC 12-09-03 CIC 12-16-03 Revised per P & Z 12-29-03 IN THE MATTER OF THE ) REQUEST FOR AMENDMENT TO ) THE TEXT OF THE ) COMPREHENSIVE PLAN TO ) ALLOW NEW RESIDENTIAL USES ) WITHIN THE MIXED USE WASTE ) WATER TREATMENT PLANT ) ZONING DESIGNATION FOR ) PROPOSED STAPLETON ) SUBDIVISION LOCATED AT 3680 ) WEST USTICK ROAD, MERIDIAN, ) IDAHO ) ) BY WARDLE AND ASSOCIATES ) ) APPLICANT ) Case No. CPA-OJ-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF COMPREHENSIVE PLAN AMENDMENT The above entitled matter coming on regularly for public hearing before the City Council, on October 21,2003, and continuedunlll November 5, 2003, December 9, 2003, and December 16,2003, at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the hearing was opened on the comprehensive plan amendment application, and Anna Powell, Planning Director for the Planning and Zoning Department, Brad Watson, Jon Wardle, Rhonda Leighton, Jake Centers, and Charles Crane, appeared and testified at the hearing, and the FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF DENIAL OF COMPREHENSIVE PLAN AMENDMENT FOR WARDLE AND ASSOCIATES ~ PROPOSED STAPLETON SUBDIVISION PAGE I OF 4 City Council based upon the testimony presented at the hearing does hereby deny the application for comprehensive plan amendment approval. FINDINGS OF FACT 1. It is found that the Recommendation To City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the comprehensive plan amendment due to the following: I. The Appllcant requested the Mixed-Use Waste Water Treatment Plant text be replaced with new residential uses with a Conditional Use Permit within the mixed use WWTP designation on the subject property, and \vhich new residential uses within the mixed use WWTP designation would indeed requlre an amendment to the Comprehensive Plan as determined by City ordinance. 2. The current Comprehensive Plan adopted August 6,2002, prohibits any new residential uses within the area designated as "Mixed Use-Wastewater Treatment Plant" on the Future Lane Use Map. (See Chapter VII, c.1., 3rd buJlet, pg. 98.) 3. The proposed text change within the accompanying Stapleton Subdivision applications would, in fact, require an amendment to the Comprehensive Plan as determined by City Ordinance. 4. The requirements for a Comprehensive Plan are set forth in LC. 9 67-6508. 5. The proposed Comprehensive Plan text amendment could possibly be incompatible with the existing Waste Water Treatment Plant to the north and area pursuant to noise and odor issues which need to be addressed before the proposal can be acted upon by the City Council. Therefore, further studies shall be required pertaining to the noise and odor produced from the Waste Water Treatment Plant, and which studies shall be provided by the Public Works Department. After the noise and odor studies are complete, the City Council shall review the information and determine if a market is n ec essa ry_ 6. Without additional information showing how residential L1ses would be compatible with the WWTP, the proposed new resiclentialuses designation is not reflective of the City of Meridian's vision for tbat particular area, and therefore, the amendment FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF COMPREHENSIVE PLAN AMENDMENT FOR WARDLE AND ASSOCIATES - PROPOSED ST APLETON SUBDIVISION PAGE20F4 change is not necessary based upon the land use plan for that area as planned for \vithin the Comprehensive Plan adopted on August 6, 2002. 7. The City Council recognizes the opposition letter which has been entered into public record from Tara Parsons dated October 16,2003, and the approval letters which have been entered into public record for the Stapleton Subdivision from Claudina Engle dated September 16,2003, and Ruth Wilkins elated September 15,2003. DECISION AND ORDER Pursuant to the City Council's authority after reviewing and hearing the public testimony in this matter, and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that the Council does hereby deny the application for comprehensive plan amendment approval. 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 '.Nl-iting, 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 \vithin 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 Merid ian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- FrNDlNGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER OF DENIAL OF COMPREHENSIVE PLAN AMENDMENT FOR WARDLE AND ASSOCIATES ~ PROPOSED STAPLETON SUBDIVISION PAGE 3 OF 4 eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 61!::.- day of JC~? ,2004. Attest: BY~ ROBERT . CORRIE - Mayor, City of Meridian ,\\\\lllIlIl/t,,/ \" ME ffl ,,\,\, OF Itf".. II/I. , .t. '\ VL..? ~ .::::~'()' .."onoA -1"" ~ .:::: '.cP,u ~''''f~ ~ ~ ~ 0 ~ ~ ~ ~ ; - - ~ = - .. ByoI~frlfr I tf- City Clerk Dated: FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF DENIAL OF COMPREHENSIVE PLAN AMENDMENT FOR WARDLE AND ASSOCIATES - PROPOSED STAPLETON SUBDIVISION PAGE 4 OF 4 { December 31, 2003 MERIDIAN CITY COUNCIL MEETING V AC 03-006 APPUCANT Tully Cove, LLC ITEM NO. a. L. REQUEST Findings - Request for a Vacation of utility, drainage, and irrigation easement on the south 10 feet of lot 2, Block 6 of Turtle Creek Subdivision No.1 - west of North Linder Road and south of West Ustick Road January 6, 2004 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached findings ~ Contacted: Emailed: r; I fJ.Jy; Date: ,~ v'01{ l!1:. 37 J - (~/S:L 7, 1 t vv'lL-. rw Staff Initials: ... Materlals presented at public mtetlngs shall become property of the C of eridlon. ~~I'""~ n 1 utL ;i i Interoffice City Of Meridian City Clerk Office MEMORANDUM To: William G. Berg, Jf. From: Wm. F. Nichols Subject: Turtle Creek Subdivision No. 11 V AC-03-006 Date: December 19, 2003 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF V ACA nON, to vacate utility, drainage, and irrigation easements on the south 10 feet of Lot 2, Block 6 of Turtle Creek Subdivision No.1. These Findings will need to be placed upon an upcoming Council agenda for their approval. If Council approves the Findings, then please send conformed copies to the Ada County Highway District, the Applicant, Planning and Zoning, Public Works, City Attorney, and any affected persons who placed a request. If you have any questions please advise. Z:\Work\M\Metidian\Metidian [5360rvflTurtle Creek Sub No. I VAC-03-006\CJerk VAC Ltr 1219 03.dcc ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 01/16/04 09:38 AM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF Meridian City AMOUNT .00 B 1/1/11111111/11111111 II 11111I11111111 104005294 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ) VACATION OF UTILITY, DRAINAGE, AND ) IRRIGATION EASEMENTS ON THE SOUTH) 10 FEET OF LOT 2, BLOCK 6 OF TURTLE ) CREEK SUBDIVISION NO. 1, LOCATED ) WEST OF NORTH LINDER ROAD AND ) SOUTH OF WEST USTICK ROAD, ) MERIDIAN, IDAHO ) ) ) ) ) ) TULL Y COVE, LLC APPLICANT. C/C 12/16/03 CASE NO. V AC-03-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF UTILITY, DRAINAGE, AND IRRIGATION EASEMENTS This matter coming on regularly before the City Council at its regular meeting held on December 16, 2003, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, and Jeff McAllister, appeared and testified at the hearing, and the Council having received the record from the Planning and Zoning Commission and its recommendations to the City Council, and no objection having been received makes the following Findings of Fact and Decision and Order. Findings of Fact and Conclusions of Law and Order of Turtle Creek Subdivision NO.1 - V AC-03-006 PAGE 1 OF 8 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1. Easements shall be vacated in the same manner as streets. {I.C. S 50-1325}. 2. When a county or highway district desires the abandonment or vacation of any highway, public street or public right-of-way which was accepted as part of a platted subdivision said abandonment or vacation shall be accomplished pursuant to the provisions of chapter 13, title 50 Idaho Code {I.C. 940-203 (6)}. 3. Any person, firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description ofthe platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (3001) of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper ofthe city, the last ofwmch shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no interment, or in the case of a cemetery being within three hundred feet (3001) of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, ofthe proposed vacation and have agreed to the same in writing. {I.c. 9 50-1306A (1), (2), (3) and (5)} 4. Pursuant to Meridian City Code 99 12-10-1 A and Band 12-10-2 A and Bit provides as follows: Findings of Fact and Conclusions of Law and Order of Turtle Creek Subdivision No.1 - V AC-03-006 PAGE 2 OF 8 12-10-1 APPLICATION PROCEDURE: 1. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. 2. Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Council for either an approval, conditional approval, or denial. 2. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights of way in such proportions as are prescribed by law. 2. Street hnprovements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. FINDINGS OF FACT 1. Tully Cove, LLC, owner of record of said property has given consent to Anderson-David & Associates to submit the requested vacation, and such petition has been filed for the vacation of utility, drainage and irrigation easements on the Findings of Fact and Conclusions of Law and Order of Turtle Creek Subdivision No.1 - V AC-03-006 PAGE 3 OF 8 south 10 feet of Lot 2, Block 6 of Turtle Creek Subdivision No.1, which is located on the west side of North Linder Road, approximately % mile south ofW. Ustick Road in the NE Y<I of Section 2, T.3N., R.W. The applicant, Tully Cove, LLC, has requested a vacation of the permanent public utilities, drainage, and irrigation easement located on the south 10 feet of Lot 2, Block 6, of Turtle Creek Subdivision No.1. Currently there are no public utilities, drainage features or irrigation features within the easement that the applicant seeks to vacate. The easement was originally platted on aU lot lines common to the exterior boundary of Turtle Creek Subdivision No.1. The southern portion of Lot 2, Block 6 of Turtle Creek was re-platted as part of Tully Cove Subdivision and the easement is no longer necessary. State statute requires an easement vacation be filed when an irrigation easement is involved even though are-plat of the subdivision has been approved. The public utilities concerned have relinquished their rights to this easement. 2. The legal description of the existing unused sewer easement, is the subject of this petition, is: Turtle Creek Subdivision No.1 An easement situated in Lot 2, Block 6, Turtle Creek Subdivision No.1, recorded in Book 78 of Plats at Pages 8226-8227, records of Ada County, Idaho, located in the Northeast ~ of Section 2, Township 3 North, Range 1 West of the Boise Meridian, described as follows: The Southerly 10 feet of Lot 2, Block 6, Turtle Creek Subdivision No.1, recorded in Book 78 of Plats at Pages 8226-8227, records of Ada County, Idaho. 3. The particular circumstances of the requested vacation is: Currently there are no public utilities, drainage features or irrigation features within the easement that the applicant seeks to vacate. The easement was originally platted on all lot lines common to the exterior boundary of Turtle Creek Subdivision No.1. The southern portion of Lot 2, Block 6 of Turtle Creek was re-platted as part of Tully Cove Subdivision and the easement is no longer necessary. State statute requires an easement vacation be filed when an irrigation easement is involved even though are-plat ofthe subdivision has been approved. The public utilities concerned have relinquished their rights to this easement. 4. The applicant has obtained notarized approval of the easement vacations from affected entities. Findings of Fact and Conclusions of Law and Order of Turtle Creek Subdivision No.1 - V AC-03-006 PAGE 4 OF 8 5. Written notice of the public hearing ofthis petition was given by certified mail with return receipt at least ten (10) days prior to the date of the public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition, and such notice was also published once a week for two (2) successive weeks in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 6. All publication costs have been paid by the petitioner. 7. The vacation is the result of a re-platting of the property, and when the property was re-platted for Tully Cover that easement was adjusted and no longer necessary. 8. The Nampa & Meridian Irrigation District does have an easement on the east boundary. This easement must be protected and any encroaclunent without a signed License Agreement is unacceptable. DECISION AND ORDER OF VACATION OF UTILITY, DRAINAGE AND IRRIGATION EASEMENT NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council does hereby ORDER and this does ORDER that: 1. The following is the legal description of the utility, drainage, and inigation easement, of the Turtle Creek Subdivision No.1, and such is hereby vacated: Turtle Creek Subdivision No.1 An easement situated in Lot 2, Block 6, Turtle Creek Subdivision No.1, recorded in Book 78 of Plats at Pages 8226-8227, records of Ada County, Idaho, located in the Northeast ~ of Section 2, Township 3 North, Range 1 West of the Boise Meridian, described as follows: The Southerly 10 feet of Lot 2, Block 6, Turtle Creek Subdivision No.1, recorded in Book 78 of Plats at Pages 8226-8227, records of Ada County, Idaho. Findings of Fact and Conclusions of Law and Order of Turtle Creek Subdivision No.1 - V AC-03-006 PAGE 5 OF 8 2. The petition for the vacation of utility, drainage and irrigation easement, is hereby granted. 3. The City Clerk shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Works, Plmming and Zoning Departments, and the City Attorney's office. 4. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action ofthe governing body ofthe City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. 6 -f /... ~y action of the City Council at its regular meeting held on the - day of c/~ ,2003. ROLL CALL COUNCILMAN BIRD /b tK- VOTED ~ Findings of Fact and Conclusions of Law and Order of Turtle Creek Subdivision No. 1 - V AC-03-006 PAGE 6 OF 8 COUNCILWOMAN deWEERD VOTED ~ VOTED ~ COUNCILWOMAN Mc CANDLESS COUNCILMAN NARY VOTED f:Jkt<- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: (-6-04- - VOTED Attest: ByJl~~~(9- City Clerk SEAL ~ & ... vQ .....c;o::: ..:;-, "1..... V8i 1$\ . $ ,,::0 ~ VA ,~ . "- .....;,..". nl f"'Iv... '{\) ... ,...... //'11 .....uUt-rrl . ....\\" Copy served upon Applicant, the Planning 1ittdth,9ning'l.Jepartment, Public Works Department \\\111 III/II/It and City Attorney. \\\\\\ Of M&::n;"I,) " ..f '-rlI1'> // ~',.{S' Y!.e -:, ~ v~ aPflt;l, . FA - .:, ::0' ".rP'- -'Vi);. 'Y ~ ~ ~ ~ S DATED: !-6-C1-t ~ ~ ~ - .... .... Findings of Fact and Conclusions of Law and Order of Turtle Creek Subdivision No. 1 - V AC-03-006 PAGE 7 OF 8 STATE OF IDAHO, ) : ss. County of Ada. ) On this t;..fA day of ,J(.tl'l,It./trj ,2003, before me, the undersigned, a Notary Public in and for said State, persona ly appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ,.,nUI".,f ~....,.. 1:l l (' II"" ~.. -::.,.Cp. "'49 " Il>..</i ~ 0........ ,,)>............ ~ ~ o. w, V" ~ ~ ..... .0, '~O:- :: 0 .;,\Oll. .. 0;. = : ~ ... ~*: : * : .....--- : = :.. ~ I '\ \~ ,pUB\.\ (f/ ~ <p. ..~ ~. ./4 . ............ ~~ .'." ./l! OP \'9 "'111""111111' Z:\Work\M\Meridian\Meridian 1 5360M\TUltle Creek Sub No. ] V AC-03-006\FfC10rdVacUtilityDrainageIn'igationEasemts.doc Findings of Fact and Conclusions of Law and Order of Turtle Creek Subdivision NO.1 - V AC-03-006 PAGE 8 OF 8 December 31, 2003 PP 03-030 MERIDIAN CITY COUNCIL MEETING January 6, 2004 APPLICANT Dirk Marcum and Michael Riggs ITEM NO. REQUEST Findings ~ Request for Preliminary Plat approval of 48 residential lots, 21 office lots, and 7 other lots on 14.58 acres in an l-O zone for proposed Sage Crest fka Maverick Subdivision - south of East Overland Road on the west side of Millennium Way 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: SANlT ARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings vJl/ {~l~ Lt~1+ fll1tJJV"._. Date: (/ ') ~O ~ Ph::'}f: -J Cj q -17 ()?J Staff Initials: .... if ~! / Materials presented at public meetings shall become property of the City it f~ridlan. Contacted: Emailed: City Meridiclll [P J" ("11 1 om uu.y '-"' er { _nee BEFORE THE CITY COUNCIL OF THE CITY OF MEIUDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR SAGECREST SUBDIVISION (FKA MAVERICK SUBDIVISION) FOR 48 BUILDING LOTS, 19 OFFICE LOTS, AND 7 OTHER LOTS ON 14.58 ACRES IN AN L-O ZONE, LOCATED ON THE SOUTH SIDE OF OVERLAND ROAD~ ON THE WEST SIDE OF MILLENNIUM WAY, BETWEEN LOCUST GROVE ROAD AND EAGLE ROAD WITHIN SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO BY: DIRK MARCUM AND MICHAEL RIGGS, APPLICANT CIC 12/16/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-03-030 FINDINGS OF FACT AND CONCLUSIONS OF LA WAND ORDER OF CONDITIONAL APPROVAL OF PRELIlVUNARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on December 16,200, and Anna Powell Planning Director for the Planning and Zoning Department, Kent Brown, Russ Hunnemiller, and Craig Groves, appeared and testified, and the City Council having received a report from Craig Hood Associate City Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having recei ved as part of the record of this matter the recommendation to City Council of the FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROV AL OF PRELIMINARY PLAT SAGE CREST SUBDIVISION (FKA [VIA VERICK SUBDIVISION) / (PP-03-030) 1 Planning and Zoning Commission and the applicant having submitted the "PRE LTM INAR Y PLAT FOR SAGE CREST SUBDIVISION PLANNED UNIT DEVELOPMENT FOR OFFICE AND RESIDENTIAL, LOCATED IN THE NW 14 OF SECTION 20 T. 3 N., R. 1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 11117103 BKE, DWG. NO. 30410, SHEET I OF 1 PRE-I, HANDWRITTEN DATE: 11/1 7/03, STAMPED: RECEIVED NOV 17 1003 CITY OF MERIDIAN CITY CLERK OFFICE, DIRK L. MARCUM AND LESLTE A. MARCUM AND MICHAEL RIGGS ~ OWNER/DEVELOPER, BRIGGS ENGINEERING, INe. ATTN. KENT BROWN - PLANNER", Dirk Marcum and Michael Riggs, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code ~ 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT ] . That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned L-O, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 G] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. The applicant has requested Preliminary Plat and Conditional Use Permit approval for a Planned Development on 14.48 acres FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDIVISION (FKA MAVERICK SUBDIVISION) / (PP-03-030) 2 of land locateel on the south side ofOvedanel Road, on the west side ofMitlenniul11 Way, between Locust Grove Road and Eagle Road. The project site is commonly known as Lot 6. Block 1, Resolution Subdivision No. J, and is currently vacant. The subject site is designated "High Density Residential" on the 2002 Comprehensive Plan Future Land Use Map and currently zoned L-O. The submitted Preliminary Plat proposes to subdivide the existing 14.58 acre lot into 48 residential lots, 19 office lots and 7 other/common lots. The mixture of residential and 0 ffice uses provides services close to where the future residents live and may even work. Further, the applicant feels that by screening the apartments with offices, the apartment portion of the site will be improved. The proposed office space areas total 4.88 acres and are located near the Overland Road and Millennium Way street frontages, with the multi-family lots being internal (9.7 acres). This site is currently designed as "High Density Residential" on the Comprehensive Plan Future Land Use Map and zoned L-O. The applicant has requested modifications to the standard lot size, setback and frontage requirements of the L-O zone. It is founel that if the application is granted pertaining to the requested modifications with the CUP/PD, and if the applicant complies with the conditions included in the staff report, the lot configuration and overall design of the subdivision would be in general conformance with the City of Meridian Comprehensive Plan. 3. If approved, the developer will be financing the extension of sewer,water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future residents will be fire and police services. It IS found that the public services can be made available to accommodate the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDIVISION (FKA MAVERICK SUBDIVISION) / (PP-03-030) 3 4. Because the developer is installing sewer, water, utilities and irrigation, for the development at their cost, it is found that the subdivision will not conflict with the capital improvement program. 5. It is found that the City and its related services are capable of servici ng the proposed development. The development will not require major expenditures for providing sUPPofting services, as the developer is installing sewer, \vater, utilities and irrigation, for the development at their cost. The applicant shall also be required to comply \vith any Meridian Police or Fire Department conditions. 6. It is found that there will not be any health, safety or environmental problems associated with this subdivision. No environmental problems have been identified that may be associated with the development of the site. ACHD considers rond safety issues in their analysis, and ACHD staff recommended, with conditions, approval of the subject subdivision. 7. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hCfeinafter set forth. 8. The applicant has submitted for consideration of this approval clrmving 0 f the preliminary plat herein designated as: "PRELIMINARY PLAT FOR SAGE CREST SUBDIVISION PLANNED UNIT DEVELOPMENT FOR OFFICE AND RESIDENTIAL, LOCATED IN THE NW Y;I OF SECTION 20 T. 3 N., R. 1 E., B.M., MERIDIAN, ADA COUNTY, rDAHO, DWG DATE: 11/17103 BKB, DWO. NO. 304]0, SHEET 1 OF 1 PRE-I, HANDWRITTEN DATE: 11/17/03, STAMPED: RECEIVED NOV 172003 CITY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APFROY AL OF PRELIMINAR Y PLAT SAGE CREST SUBDIVISION (FKA MAVERICK SUBDIVISION) I (PP-03-030) 4 MERIDiAN CITY CLERK OFFICE, DIlU( L. MARCUM AND LESLIE A. MARCUM AND MICHAEL RIGGS ~ OWNER/DEVELOPER, BRIGGS ENGiNEERING, INC. ATTN. KENT BROWN - PLANNER", DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER I. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT FOR SAGE CREST SUBDIVISION PLANNED UNIT DEVELOPMENT FOR OFFICE AND RESIDENTIAL, LOCATED IN THE NW Yl OF SECTION 20 T. 3 N., R. I E., B.M., MERIDIAN, ADA COUNTY,IDAHO, DWG DATE: 11/17/03 BKB, DWG. NO. 30410, SHEET 1 OF 1 PRE-I, HANDWRITTEN DATE: 11117/03, STAMPED: RECEIVED NOY 17 2003 CITY OF MERIDIAN CITY CLERK OFFICE, DIRK L. MARCUM AND LESLIE A. MARCUM AND MICHAEL RIGGS - OWNER/DEVELOPER, BRIGGS ENGINEERING, INC. ATTN. KENT BROWN - PLANNER", Dirk Marcum and Michael Riggs, Developer is hereby conditionaJly approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning Commission, as follows: I. Change "west" to "east" ill the third sentence oCthe first full paragraph 011 Page 2 of the staff report transmitted 011 November 13,2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPRO V AL OF PRELlMINAR Y PLAT SAGE CREST SUBDIVISION (FKA MAVERICK SUBDIVISION) I (PP-03-030) 5 2. Change "east" to "west" in the first sentence of Site Specific Conditlon #6 on Page 7 of the staff report transmitted on November 13,2003. 3. Change "west" to "east" in the first sentence of Site Specific Condition #7 on Page 7 of the staff report transmitted on November 13, 2003. B. Adopt the Recommendations 0 f the Planning and Zoning and Engi neeri ng staff as follows: l. In accordance with MCC 12.13-12, provide a 20-foot wide landscape burrer between the proposed office lots on the north and east side of'the development. The entire 20 feet of said buffer shall be provided entirely on the office Lots 6-10, 3D. 31,34,37,38,41,43,47,57, and 58, Block 1. Prior to final plat approval, the Applicant shall submit a revised Landscape Plan to Planning & Zoning staff, showing buffer materials along the west and northern property lines in accordance with Meridian City Code. 2. In accordance with MCC 12-13- 12, provide a 10-foot wide landscape buffer on the north side of the proposed multi-fami ly Lots 48 - 51, Block 1, that abut Lot 7, Block [, Resolution Subdivision No. 1. Prior to final plat approval, the Applicant shall submit a revised Landscape Plan to Planning & Zoning staff, showing buffer materials along the west and northern property lines in accordance with Meridian City Code. 3. Building setbacks for Lots 48 - 51, Block 1, shall be a minimum of 1 0 feet from the north property line. Due to existing easements, building setbacks for Lots 2] ~ 30, Block 1, shal I be a minimum of 15 feet from the south property line. Due to existing easements, building setbacks for Lots] 3-- 2], Block I, shall bc a mlllilllum of20 feet from the west property line. All other bui Icling setbacks, regardless 0 f bui ldi ng orientation, shall be a minimum of 5 feet from property lines for the ll1ulti-E1I11ily lots within the development (minimum lO feet between structures)_ 4. Unless otherwise approved by the City of Meridian, all building setbacks for the future office lots shall be in accordance with the applicable zoning regulations in effect at that time. 5. Prior to final plat approval, submit tot he P Janning and Zoning Department, a recorded copy of a cross-parking/cross-access agreement for the lots within the subdivision to utilize the drive aisles and off-street parking stalls within Lot 1, Block l. FrNDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDIVISION (FKA MAVERICK SUBDIVISION) / (PP-03-030) 6 6. Provide a vehicular connection to the east west across the Hunter Lateral. If the connection is not dedicated to the public, provide a recorded copy 0 fa cross-access document that allows the parcel to the west to utilize said connection 7. Provide a vehicular connection to the parcel to the west east (Lot 8, Block 1, Resolution Subdivision), between Lots 58 and 59 of the proposed office portion of the development. Provide a recorded copy of a cross-access document that allows the parcel to the east to utilize said connection. 8. Sewer and watel' service shall be via main line extension from the existing muins adjacent to the subject site. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to adjacent properties. The subdivision designer to coordinate main sizing and muting with the Public Works Department. The applicnnt shall execute City of Meridian standard forms of easements, for any mains that are required to provide servIce. 9. Underground year-round pressurized irrigation must be provided to all lots within this development. Ifthe pressurized irrigation system vvi th i n th is clevc lopmcnt is to remain a private Homeowners Association system, complete plans and specifications shall be reviewed by the Public Works Depal'tmcnt as pal-t of the development plan review process. A draft copy ofthe pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be suppLied by a year-round source of watel-. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 10. Ad rainage plan designed by a State of Idaho licensed architect or engineer is req ui red and sha II be su bmi tted to the City Engineer (Ord. 557, 10-1-91) for all 0 [f- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Calalog oC 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDIVISION (FKA MAVERICK SUBDIVISION) / (PP-03-030) 7 STANDARD CONDITIONS (PRELIMINARY PLAT) I. Submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision namc, including lot and block numbering. Make any corrections necessat-y to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all landscaping, pressurized irrigation, sanitary scwer, water, etc., prior to signature of the final plat. 4. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the subdivider's expense. Typical locations are at street intersections and/or fire hydrants. ). Any tree over 4" in caliper that is removed from the property shall be replaced by instal ling <.ldditional trees, bei ng the equivalent number of caliper inches of trees that were removed. Required landscaping tt-ees will not be considered as replacement tfees for those trees that have to be removed. Coofdinate the proposed tree mitigation plan with Elroy Huff in the Meridian Parks Department (888-3579). 6. Please subm i t all updated groundwater/so i Is monitoring c1ata to the Publ ic Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period ofti me not to exceed 24 hours for aU storms up to and including a 1 DO-year stann event. Side slopes within drainage areas shall not exceed 3: 1. The project engineer should pay closc attention to the results of field studies determ ining the groundwater, so i 1 type & and characteristics during the design and construction phases. 7. A detailed landscape plan for the common areas, including path\vays and types of construction, shall be submitted for review and approval with the submittal of the final plat applications. The plan must include sizes and species of trees, shrubs, berming/swale detai Is, and all proposed ground cover/treatment. A letter 0 f credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., priOl-to signature on the Final PIal. 8. A II i rrigatiol1 d itches, latera Is or canals, exclusi ve 0 r natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per NICC 12-4-13. The ditches to be piped should be shown on the site plans. Plans FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDIVISION (FKA MAVERICK SUBDIVISION) I (PP-03-030) 8 will need to be approved by the appropriate lnigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Depm1ment. 9. Any existing domestic wells and/or septic systems within tbis project will bave to be removed from their domestic service per MCC 9-1-4 and 9-4-8. Wells maybe lIsed for non-domestic purposes such as landscape irrigation. 10. Developer shall coordinate mailbox locations with tbe Meridian Post Office. II. Com paction test results must be subm i tted to the M eridi <111 Bui Ieli ng Department for all building pads receiving engineered backfill, where footing would sit atop fill material. C. Adopt the Recommendations oftbe Ada County Highway District as follows: 1. Close an existing 22-foot wide driveway that intersects MilleniumWay approximately 335-feet 1101tl1 of the south property line, as proposed. 2. Utilize an existing 30-foot wide dri veway that intersects Mi lIel1i um Way approximately 18S-feet north of the south property line, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the Millenium Way. 3. Construct a 35-foot wide driveway that intersects Millenium Way approximately IS-feet north of the south property line, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement ofMillenium Way. 4. Construct a 24-[00t wide driveway that intersects Millenium Way and aligns with Gala Drive. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the Milleni um Way. 5. Utilize the existing 36-foot wide driveway that intersects Overland Roael approximately] 25-feet east ofthe west property line. Pave the driveway its full width and at least 30-feet into the site beyond tbe edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing Overland Road. FINDrNGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDrVrSION (FKA MAVERICK SUBDIVISION) / (PP-03-030) 9 6. Other than the access point that has been approved with this application, direct lot access to Overland Road is prohibited. Notes of this access restriction shall be placed on the final piaL 7. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicabLe requirements of the Ada County Highway District prior to District approvaL for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #] 97, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACED shall repair existing utilities FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY P LA T SAGE CREST SUBDIVISION (FKA MAVERICK SUBDIVISION) I (PP-03-030) 10 damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Hlglnvay District. The burden shall be upon the applicant to obtain written confinllation or any change from the Ada County I-lighway District. 11. Any change by the applicant in the planned LIse 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 Sllccessors in interest advises the Highway District of its intent to change the planned use of the subject property unless a wai ver/vari ance of said requ irements or other legal relief is granted pursuant to the law in effect at the ti me the change in use is sought. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. Applicant shall file a Land Use Application prior to final platting. 2. All laterals and ,vaste ways must be protected. The District's Hunter Lateral courses along the west boundary of this proposed project. This easement must be protected and any encroachment without a signcd Liccnse Agreement and approved plan, before any construction is started, is unacceptable. 3. Al1mLll1icipal sllrface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainnge plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments wi thin the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements anelloI' concerns to provide minimum levels of fire protection for the proposed project: FINDINGS OF F ACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDIVISION (FKA MA VERICK SUBDIVISION) / (PP-03-030) 11 1. That a fire-now consistent with Appendix D of the International Fire Code be provided to service the entire project. Fire hydrants shall be placed an average 0[350' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final apPfoval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire Janes shall have an unobstructed width of20'. No Parking will be allowed on all internal access roads which are less than 20' wide. 7. Apartment buildings containing 6 or more units shall be required to be fire sprinkled. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-ofEis not to create a mosquito breeding problem. 4. Stormwaler shall be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface watcr quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stonmvater disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Adopt the Reconul1endations of Sanitary Services Company as follows: FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDIVISION (FKA MA VERrCK SUBDIVISION) / (PP-03-030) ]2 1. More review is needed on the project for waste generation and collection points and enc losure sizes ancl locations. G. Adopt the Recommendations/Comments of Joint School District No. :? as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughoullhc district arc operating over capacity. 2. Approval of Maverick Subdivision will have a significant impact on school enrollments at Mmy McPherson Elementary, Lake Hazel Middle, and Mountain View High School. 3. We can predict that these homes, when completed, will house fifty-five (55) elementary aged children, fifty-one (51) middle school aged children, and fOtty-two (42) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is current! y operating beyond capacity. Future developlnent will continue to have an impact on the district's capacity. H. Adopt the action of the City Council taken at their December 16, 2003 meeting as follows; For clarification: I. The subdivision name shall be known as Sage Crest Subdivision, it was formerly known as Maverick Subdivision. 2. There shall be 19 offlce buildings instead of the 21 office buildings originally proposed on the preliminary plat. 3. The applicant shall provide a vehicular connection to the east across the Hunter Lateral. If the connection is not dedicated to the public, provide a recorded copy of a cross-access document that allows the parcel to the west to utilize said connection, and such agreement shall be submitted to tbe Public Works Department. 4. Located on the southern property there is an existing chain link fence along the school property with no openings to the school site. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROY AL OF PRELlMINAR Y PLAT SAGE CREST SUBDIVISION (FKA MA VERICK SUBDIVISION) / (PP-03-030) 13 5. All office uses shall require a Conditional Use Permit application. 6. The exterior of the four-pJexes shall either be of stucco, stone or brick siding, no vinyl siding will be used on the apartments, clubhouse or office buildings. 7. Withill the honleowners association there will be a sub-homeowners association. The purpose of this sub-homeowners association is for one person or entity to be in charge of all the exteriors of the four-p1exes and the landscaping. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANAL ysrs The Applicant is hereby notified that pursuant to Idaho Cock: 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 t\venty-eight (28) clays after the c1ate of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of J~ c-z.. ,2004. r7 6r~ ROLL CALL COUNCILMAN KEITH BIRD YOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITION AL APPROY AL OF PRELlMfNAR Y PLAT SAGE CREST SUBDIVISION (FKA MAVERICK SUBDIVISION) / (PP-03-030) 14 ( COUNCIL WOMAN TAMMY de WEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED tjeCL- COUNCILMAN BILL NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED* ~ Mayor Robert D. Corrie Attest: Department and City Attorney. \\\\\\11 iii tlJ111 ,,\ ......,;: ~/I II, ...,"..J VI 1\ ,E.l:?,{^ 111/ ...... ~"'\ "vI: // .:::..., () ~a'POR-'l" 'LJ/j; % " .,cJJ" ,~ ~ . .2'.:r ~o ~ 1-6-tJ/f-t ~ - - - - - - ByJ~~~-lb~_~ City Clerk . v Dated: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROY AL OF PRELIMINARY PLAT SAGE CREST SUBDIVISION (FKA MA VERICK SUBDIVISION) / (PP-03-030) 15 December 31 , 2003 CU P 03-045 MERIDIAN CITY COUNCIL MEETING January 6, 2004 APPLICANT Dirk Marcum and Michael Riggs ITEM NO. ao. y REQUEST Findings - Request fora Conditional Use Permit to modify existing PUD to allow for office uses along Overland Road and Millennium Way in an l-O zone for proposed Sage Crest fka Maverick Subdivision - south of East Overland Road on the west side of Millennium Way AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POUCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached Findings 'rf).~ ffP' OTHER: rt n +- $( () uJ f'\... Date: I'~ J- -0'1 Staff Initials: Phone: $0-1 L/ -f70C] / n' xl 1/ Contacted: Emailed: Materials presented at public meeUngs shall become property of the City of erl an. h. ~1 '""'0. 3 j j lU City Of Meridian BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN City Clerk Office IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A I92-UNIT IVIUL TI-FAMIL Y DWELLING COMPLEX AND CONCEPTUAL APPROVAL OF 19 OFFICE PAD SITES IN THE L-O ZONE, LOCA TED ON THE SOUTH SIDE OF OVERLAND ROAD, ON THE WEST SIDE OFlVlILLENNIUM WAY, BETWEEN LOCUST GROVE ROAD AND EAGLE ROAD, COMMONLY KNOWN AS LOT 6, BLOCK 1, RESOLUTION SUBDIVISION NO.1, MERIDIAN, IDAHO DIRK MARCUM AND MICHAEL RIGGS, APPLICANT CIC] 2-16-03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-045 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 December 16,2003, at the hour 0[7:00 p.lll., at Meridian City Hall, 33 East Iclaho Street, Meridian, Iclaho, and Anna Powell Planning Director for the Planning and Zoning Department, Kent Brown, Russ Hunnemiller, and Craig Groves, appeared and testified, and the City COllnciI having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Com111ission who FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 24 conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT ]. A notice of a public hearing on the conditional Lise permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for December] 6,2003, before the City Council, the first publication appearing and written notice having beenmuiled to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration mOfe 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 cluly considered by the City Council at the December I G, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing set.vices \vithin the planningjurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in [daho Code 967-6509, 6512, and Meridian City Code ~S 1 L -15-5 and 11-17-5 as evidenced by the Affidavit of M ai I ing, and the Affidavit 0 f Publication and Proo f of Posting fi led with the staff report. 3. This proposed development request is in an L-O zone and by reason of the FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 24 provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the south side of Overland Road, 011 the west side of Millennium Way, between Locust Grove Road and Eagle Road, commonly known as Lot 6, Block 1, Resolution Subcli vision No. 1. 5. The owners of record of the subject property are Dirk Marcum and Michael Riggs, 14364 E. Highway 2], Boise, Idaho 83716. 6. Applicant is Briggs Engineering, Inc., 1800 W. Overland Road, Boise, Idaho 83705. 7. The subject property is currently zoned L-O. The zoning district ofL-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit approval to modify a previously approved CUP for a mixed use planned development including 21 office pad sites and to receive detailed CUP approval for In-multi-family dwelling units, including reduced setbacks, reduced lot frontage and reduced lots sizes. As part of the previous approval on this site (Resolution Plaza, CUP-00-0l7), this site must obtain a new Conditional Use Permit for any proposed use(s). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as High Density Residential. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by previous City Council approval on this site. 11. The Meridian City Council takes judicial notice of its Zoning, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 24 Subdivision and Development Ofdinanccs 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 services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be requifed to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follo\\'s: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the conditional use pemlit. 2. Building setbacks for Lots 48 ~ 51, Block 1, sha II be a minimum of 10 feet from the north property line. Due to existing easements, building setbacks for Lots 21 ~ 30, Block I, shall be a minimum of 15 feet from the south property line. Due to existing easements, building setbacks for Lots 13 ~ 21, Block 1, shall be a minimum of20 feet from the west property line. All other building setbacks, regardless of building orientation, shall be <1 minimum of5 feet from property lines for the multi-family lots within the development (minimum 10 feet between structures). The reduced building separation/setback is approved as part of the PD application. Unless otherwise approved by the City of Meridian, all building setbacks for the future office lots shall be in accordance with the applicable zoning regulations in effect at that ti me. 3. All of the lots within the multi-family portion of the development shall be a minimum of 3,500 square-feet, as requested. All of the lots within the office portion of the development shall be a minimu111 of3,300 square-feet, as requested. These reduced Jot sizes are approved as part 0 f the PD application. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT })AGE 4 OF 24 4. There shall be no mll1lmUm frontage requirements for the lots within the proposed development, as requested. This reduced/waived frontage is approved as part of the PD application. S. Revise the submitted site plan to show the common pathways/sIdewalks along the south property line, west property line, between the office and multi-family areas near Millennium Way, and between the multi-family Lots 12 and 13 and the office Lots 6 and 7. Ten copies of said revised site plan shall be submitted to the City Clerk's office at least ten days prior to the next public hearIng. 6. Provide common open space that equals or exceeds ten percent 0 f the gross land area for the multi-family portion of the development. 7. Provide each multi-family dwellIng unit with at least one hundred square feet of uscable private open space. 8. All development shall comply with the Americans WIth Disabilities Act and the Fair I-lousing Act. 9. Applicant shall submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. B. Adopt the Recommendations of the Ada County Highway District as follows: I. Close an existing 22-foot wide driveway that intersects Mil1enium Way approximately 335-feet north of the south property line, as proposed. ~ Uti lize an existing 30-foot wide driveway that intersects Millenium Way approximately 185-feet north of the south propel-ty line, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the Millcnium Way_ 3. Construct a 35-foot wide driveway that intersects Millenium Way approximately IS-feet north of the south property line, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement ofMil1enium Way. 4. Construct a 24-foot wide driveway that intersects Millenium Way and aligns with Gala Drive. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the MilleniumW ay. 5. Utilize the existing 36-foot wide driveway that intersects Overland Road approximately 125-feet east of the west property line. Pave the driveway its full width and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing Overland Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 24 6. Other than the access point that has been approved with this application, direct lot access to Overland Road is prohibited. Notes of this access restriction shall be placed on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than live years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shalI prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of builcling permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property clevelopment 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 wi th Ordi nance # 197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the fesponsibility of the applicant to verify all existing utilities within the right-or:.. 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 FINDINGS OF FACT AND CONCLUSIONS OF LA \V AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 24 shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject propeliy unless a waiver/variance of said requirements or other legal relier 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. Applicant shall file a Land Use Application prior to final platting. 2. All laterals and waste ways must be protected. The District's Hunter Lateral courses along the west boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 3. All municipal surface drainage must be retained on site. [f any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. D. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: I. That a fire-flow consistent with Appendix D of the International Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of350' apart. ;2. Operational fire hydrants and temporary or permanent street signs are required before combustible constmction begins, 3. Acceptance of the water supply for fire protection will be by the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND OllDER GRANTING CONDJTlONAL USE PERMIT PAGE 7 OF 24 Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Depar'tment thru the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of20'. No Parking will be allowed on all internal access roads which are less than 20' wide. 7. Apartment buildings containing 6 or more units shall be required to be fire sprinkled. E. Adopt the Recommendations of the Central District Health Department as follows: I. Th i s proposal can be approved for central sewage and central water after wri tten approva I from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quali ty. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Sanitary Services Company as follows: I. More review is needed on the project for waste generation and collection points and enclosure sizes and locations. G. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Maverick Subdivision will have a significant impact on school enrollments at Mary McPherson Elementary, Lake Hazel Middle, and Mountain View High School. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 8 OF 24 3. We can predict that these homes, when completed, will house fifty-five (55) elementary aged children, fifty-one (51) middle schoo] aged children, and forty-two (42) senior high aged students. Additional students will fut1her compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67.6508. The Meridian School District is currently operating beyond capac ity. Future development wi II continue to have an impact on the district's capacity. H. Adopt the action of the City Council taken at thei r December 16, 2003 meeting as follows: For clarification: 1. The subdivision name shall be known as Sage Crest Subdivision, it was formerly known as Maverick Subdivision. 2. There shall be 19 office buildings instead of the 21 office buildings originally proposed on the preliminary plat. 3. The applicant shall provide a vehicular connection to the east across the Hunter Lateral. If the connection is not dedicated to the public, provide a recorded copy of a cross-access document that allows the parcel to the west to utilize said connection, and such agreement shall be submitted to the Public Works Department. 4. Located on the southern property there is an existing chain link fence along the school property with no openings to the school site. S. All office uses shall require a Conditional Use Permit application. 6. The exterior of the four-plexes shall either be of stucco, stone or brick siding, no vinyl siding will be used on the apartments, clubhouse or office buildings. 7. Within the homeowners association there will be a sub-homeowners association. The purpose of this sub-homeowners association is for one person or entity to be in charge of all the exteriors of the four-plexes and landscaping. 13. On the submitted site plan, the Applicant has shown enough parking to accommodate the proposed uses. Although the site is large enough to accommodate all of the features required by ordinance, the Applicant has asked, through the Planned Development, to modify specific development standards. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDEH. GRANTING CONDITIONAL USE PERiVlIT PAGE 9 OF 24 The purpose of the Planned Development (PD) is to allow for modifications from the development standards of the underlying zone in order to encourage mixed-use projects, and to permit secondary uses which are integrated with and supPoli the primary use. It is found that the proposed office use will support the primary multi-family use by having services close to residences, thereby reducing traffic congestion on nearby roadways, reducing air pollution, and creating an efficient use of the land. ReI i ef from the frontage, setbac k and lot size stand,mls were speci ficall y requested in the conditional use permit (PO) application. It is found that most of tile proposed lots do not meet the fi'ontage, setback and lot size standards of the L-Q zone. In fact, most of the lots do not have any frontage on a roadway at all, as the applicant is proposing shared private driveways for the access and parking. There is support of the requested lot frontage, setback and lot site deviations because all of the proposed buildable lots within the subdivision have access to the com1110n parking/drive lot and the proposed lots can accommodate the proposed building envelopes with a modification to the standard setbacks. See Special Consideration "A" for detai led analysis 0 f the allowable setbacks for this development. Meridian City Code 12-13-16 requires all multi-family developments to provide common open space that equ,lIs or exceeds ten percent of the gross land area. Common open space means land exclusive of street rights-of-way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. At a minimum, C0111mon open space lots shall include one deciduous shade tree per 8,000 square feet and lawn, either seed or sod (MCC 12- 13-16-5). In addition to the C01111110n open space requirement, Meridian City Code 12- 6-2.A.4 states tbat all residential planned developments shall provide each dwelling unit with at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVUT PAGE 10 OF 24 least one hundred square feet of use able private open space, such as a patio or deck. In the Applicant's submittal letter, it is stated that 13% of the site is open space. Lots 22, 42, and 77 meet the definition of common open space, and together these areas exceed the ten percent minimum. See Special Consideration "C". It is found that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance and/or by modifying the requirements through the Planned Development process. 14. The subject site is designated "High Density Residential" on the Comprehensive Plan Future Land Use Map. Chapter 7 ofthe Comprehensive Plan defines High Density Residential as areas allowing for the development of multi-family homes in areas where urban services are provided. The L-O zone allows offices. [t is found that the proposed development is harmonious wi th and in accordance with the adopted Comprehensive Plan and in general conformance with the req ui rements 0 f the Zon i ng Ordinance and that the development plan is consistent with the recorded rezone resolution and development agreement approved by the City for this site. 15. It is found that the general design, construction, operation, and maintenance ShOll ld be compatible with other uses in the general neighborhood and with the existing or intended character of the area. 16. It is not anticipated that the proposed uses will adversely affect the other properties in the vicinity. 17. Sanitary sewer and water service is proposed via extension to the site Ii-om the existing main lines in Millennium Way and Overland Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERiVIIT PAGE 11 OF 24 ACHD has approved this application, with conditions for driveway location and construction as well as their standard requirements. 18. The deve loper wi II be reg uired to fi nance the extension of sewer, water, util ities and pressurized irrigation to serve the project. The primary public costs to serve the site \vill be fire and police services. It is found that there will not be excessive additiomd requirements at public cost and that the proposed use will not be detrimental to the community's economic vvelfare. 19. As this site builds out, it will produce additional traffic on nearby arterial roadways. According to ACHD traffic counts, on June 10, 2002, there were 12,115 vehicle trips on Overland Road, east of Locust Grove Road. On June 11,2002, there were 3,856 vehicle trips on Locust Grove Road, south of Overland Road. On February 27,2002, there were 22,670 vehicle trips on Eagle Road, north of Overland Road. This year, Overland Road was widened to 5.1anes and curb, gutter and new sidewalk was constructed abutting the site. The Overland Road widening project added additional capacity to the arterial. The fact is recognized that traffic and noise will increase with the development of this site. However, it is not anticipated that the development of this site will create excessive traffic, noise, smoke, fumes, glare or odors. 20. ACHD has reviewed and approved one vehicular approach to the site from Overland Road and three approaches from Millennium Way. Review of the ACHD report for this project will provide additional information. 2 I. It is not anticipated that any natural or scenic feature(s) of major impoliance in the area wi II be affected by the proposed development. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 24 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter refened to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (1.c. g67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles Xl and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City COLlncil can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed LIse is otherwise prohibited by the terms of the ofclinance but allowed \vith conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code ~ 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious \vith the Meridian Comprehensive Plan and in accordance with the requirements ol'this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERiVlIT PAGE 13 OF 24 d. That the proposed use, if it 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 structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general we] fare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use pel111it in the High Density Residential District (site is presently zoned as L-O), a public hearing shall be conducted with notice to be published ancl provided to propeny owners or purchasers orrecord within three hundred feet (300') of the external boundaries orthe land under consideration for the conditional use permit all in accordance ""vith the provisions of Meridian City Code 9 11-17-5 Ci ty of Meridian Zoni ng and Development Ordinance, which provides as fo]lows: "Prior to approving a Conditional Use Permit, the applicant and the Commlssion and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industria] and commercial districts shall only be required to have one public hearing which shall be held before the Plmming and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 24 with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State Jaw. (Meridian City Code 9 11-1 7 -6) 7. When the City Council approves a conditional use pem1it it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOvY, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 24 Order that: 1. That the above named applicant is granted a conditional use permit for approval to modify a prevlously approved CUP for a mixed use planned development including 2 1 office pad sites and to receive detaLled CUP approval for 192-multi-family dwelling units, lncluding reduced setbacks, reduced lot frontage and reduced lots sizes on 14.58 acres in a proposed L-Q zone for Sage Crest Subdivision fka Maverick Subdivision, located on the south side of Overland Road, on the west side of MillelUlium Way, between Locust Grove Road and Eagle Road, commonly known as Lot 6, Block 1, Resolution Subdivision No.1, 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 staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the conditional use permit. ') Building setbacks for Lots 48 ~ 51, Block l, shall be a minimum of 10 feet from the north property line. Due to existing easements, bUllding setbacks for Lots 21 ~ 30, Block I, shall be a minimum of 15 feet from the south property line. Due to existing easements, building setbacks for Lots 13 - 21, Block 1, shall be a minimum of 20 feet from the west property line. All other buiLding setbacks, regardless of building orientation, shall be a minimum of 5 feet from property lines for the multi-family lots within the development (minimum 10 feet between structures). The reduced building separation/setback is approved as pati of the PD application. Unless otherwise approved by the City of Meridian, all building setbacks for the future office lots shall be in accordance with the applicable zoning regulations in effect at that time. 3. All of the lots within the lllulti-family portion of the development shall be a minimum of 3,500 square-feet, as requested. All of the lots withll1 the office portion of the development shall be a minimum of3,300 square-feet, as requested. These reduced lot sizes are approved as part of the PO application. 4. There shall be no mmlll1Um frontage requirements for the lots within the proposed development, as requested. This reduced/waived frontage is approved as part of the PD application. 5. Revise the submitted site plan to show the common pathvvaysfsidewalks along the south property line, west property line, between the office and multi-family areas near MillenllLum Way, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERtVIIT PAGE 16 OF 24 and between the multi-family Lots 12 and 13 and the office Lots 6 and 7. Ten copies ofsaicl revised site plan shall be submitted to the City Clerk's office at least ten days prior to the next public hearing. 6. Provide common open space that equals or exceeds ten percent of the gross land area for the multi-family portion of the development. 7. Provide each multi-family dwelling unit with at least one hundred square feet of useable private open space. 8. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 9. Applicant shall submit 10 copies ofa revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Coml11ission at least 10 days prior to the next hearing on this application. B. Adopt the Recommendations of the Ada County Highway District as follows: I. Close an existing 22-foot wide driveway that intersects Millenium Way approximately 335- feet north of the south properiy line, as proposed. 2. Utilize an existing 30-foot wide driveway that intersects Millenium Way approximately I 85-feet north of the south property line, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement ofthe Millenium Way. 3. Construct a 35-foot wide driveway that intersects Millenium Way approximately IS-feet north of the south property line, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement ofMillenium Way. 4. Construct a 24-foot wide driveway that intersects Millenium Way and aligns with Gala Drive. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the Milleniul11 Way. 5. Utilize the existing 36-foot wide driveway that intersects Overland Road approximately I 25-feet east of the west property line. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing Overland Road. 6. Other than the access point that has been approved with this application, direct lot access to Overland Road is prohibited. Notes ofthis access restriction shal1 be placed on the final plat. 7. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 24 Standard Conditions of Approval ]. Any existing irrigation facilities shaH be relocated outside of the right-of-\vay. 2. All utility relocation costs associated withinlproving 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 Dlstrict. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, rspwc 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 certi fy all improvement plans. 6. The applicant shall submit revised plans for staff approval, prlor to issuance ofbuilcling permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in confor-mance wlth all 8pplicable 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 Ordi nance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The appllcant at no cost to ACHD shall repair existing utilities damaged by the applicant. The 8pplicant shall be required to call DIGLTNE (1-800-342-1585) at least two full business days prlor to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6 I 90 in the event any ACHD conduits (spare or filled) are compromised during any phase 0 r 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 Adn County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USEPER1'lIT PAGE 18 OF 24 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property Llnless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations o[the Nampa & Meridian irrigation District as follows: I. Applicant shall file a Land Use Application prior to final platting. 2. All laterals and waste ways must be protected. The District's Hunter Lateral courses along the west boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 3. All municipal surface drainage mLlst be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation Distri ct. D. Adopt the Recommendations ofthe Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed proj ect: I. That a fire-flow consistent with Appendix D of the International Fire Code be provided to service the entire project. Fire hydrants shall be placed an average 0[350' apart. 2. Operational fire hydrants and temporary or permanent street sIgns are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of 20'. No Parking will be allowed on all FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDlTlONAL USE PERMIT PAGE190F24 internal access roads which are less than 20' wide. 7. Apartment buildings containing 6 or more units shall be required to be fire sprinkled. E. Adopt the Recommendations of the Central District Hea]th Department as follows: I. This proposal can be approved for central sewage and central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and centra] water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pre-treated through a grassy swa]e prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents grounchvater and su rface water degradati on. F. Adopt the Recommendations of Sanitary Services Company as follows: 1. More review is needed on the project for waste generation and colIection points ancl enclosure sizes and locations. G. Adopt the Recommendations/Comments of Joint Schoo] District NO.2 as follows: I. The Meridian Schoo] District has experienced phenomenal student growth the Jast ten years. The high schools, middle schools, and elementary schools throughout the clistrict are operating over capacity. 2. Approva] of Maverick Subdivision will have a significant impact on schoo] enrollments at Mary McPherson Elementary, Lake Hazel Midd]e, and Mountain View High School. 3. We can predict that these homes, when completed, will hOllse fifty-five (55) elementary aged children, fifty-one (51) middle school aged children, ancl forty-two (42) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. H. Adopt the action of the City Council taken at their December 16,2003 meeting as follows: For clarification: FINDINGS OF FACT AND CONCLUSIONS OF LA \V AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 24 1, The subdivision name shall be known as Sage Crest Subdivision, it was formerly known as Maverick Subdivision. 2. There sha 11 be 19 office bui ldi ngs instead 0 f the 21 office buildings originally proposed on the preliminat'y plat. 3. The applicant shall provide a vehicular connection to the east across the I-I unter Lateral. l[the connection is not dedicated to the public, provide a recorded copy ofa cross-access document that allows the parcel to the west to utilize said connection, and such agreement shall be submitted to the Public Works Department. 4. Located on the southern property there is an existing chain link fence along the schoo] property with no openings to the schoo] site. 5. All office uses shall require a Conditional Use Permit application. 6. The exterior of the four-plexes shall either be of stucco, stone or brick siding, no vinyl siding will be used on the apartments, clubhouse or office buildings. 7. Within the homeowners association there will be a sub-homeowners association. The purpose of this sub-homeowners association is for one person or entity to be in charge of all the exteriors of the four-plexes and landscaping. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 9 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shallmcel such requirements as a condition of approval of the application for a conditional 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 Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 24 eighteen (18) months unless otherwise approved by the counciL During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has speci fled 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 condi tiona I use appl ication shall become null and vo id. However, the app I icant may su bmit an application for a time extension on the project for city council review. The 8pplication 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, sLlch phases shall be constructed within sLlccessive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner Illay request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERJ.\1IT PAGE 22 OF 24 Issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a pe[~son who has an interest in real property which may be adversely affected by the issuance Qr denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 6t!l day of J ~~ tJ-, 2004. (j ROLL CALL: COUNCILMAN KEITH BIRD VOTED fjfu<- COUNCIL WOMAN TAMMY de WEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED~ COUNCILMAN BILL NARY VOTED~ MA YOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1-6-04-- - VOTED MOTION: V APPROVED:~ DISAPPROVED: ~ Mayor Robert D. Corrie FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 24 ,\\\\111111//111 \\\\ r::!\At:: 11111 "" -{ Or "-RID. I'll" ~ {:.. ~ "'i Attest: ~ (i cpr-POR-oil; ';f,"'~ f ~ ~ \ ;; 8E~AL ::: , &- Wi1 lam G. Berg, Jr., City Clerk ~ ~ "(.'1"" {!> 0 ~ ~;o. '::) r 'J sl ' ~ ~ -;.~ ':'f ~ .;;..... Copy served upon Applicant, Planning and ~))'h1g~ilr,trthf:;rtf: Public Works '0,"" 11\ Department and the City Attorney. ";';/. i':'" By dI~k~'9-' City Clerk Dated: 1- 6--0 - - Z:\Work\M\iVIeridian\iVIeridian I 5360M\Sagc Crest lb Maverick Sub PP-03-030 CUP.OJ-045\FIClsCUI'03-0cl5.t1oc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 24 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 12/16/03 IN THE IVIA TTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR TIlE ) CONSTRUCTION OF A I92-UNIT ) MULTI-FAMILY D\VELLING ) COMPLEX AND CONCEPUT AL ) APPROVAL OF 19 OFFICE PAD ) SITES IN THE L-O ZONE, ) LOCATED ON THE SOUTH SIDE ) OF OVERLAND ROAD, ON THE ) WEST SIDE OF MILLENNIUM WY, ) BETWEEN LOCUST GROVE ) ROAD AND EAGLE ROAD, ) COMMONLY KNOWN AS LOT 6, ) BLOCK 1, RESOLUTION ) SUBDIVISION NO.1, MERIDIAN, ) IDAHO ) ) DIRK MARCUM AND MICHAEL ) RI GGS, ) ) APPLICANT ) ) Case No. CUP-03-045 ORDER GRANTING CONDITIONAL USE PERMIT 1. Th is m8ttcr comi ng before the City Counci I on December 16, 2003, uncleI' the provisions of Meridian City Code ~ 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the P lann i ng and ZOll ing Commission the Council takes the following action: ORDER CONDITIONAL USE PERlVIIT (CUP-03-045) PAGE 1 OF 10 2. That the above named applicant is granted a conditional use pennit for approval to modify a previously approved CUP for a mixed use planned development including 21 office pad sites and to receive detailed CUP approval for 192-multi-family dwelling units, including reduced setbacks, reduced lot frontage and reduced Jots sizes 011 14.58 acres in a proposed L-Q zone for Sage Crest Subdivision fka Maverick Subdivision, located on the south side ofOverlancl Road, on the west side ofMj]]ennium Way, between Locust Grove Road and Eagle Road, commonly known as Lot 6, Block 1, Resolution Subdivision No.1, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. Applicant shall meet all of the requirements of the preliminary plat as a condition of the conditional use permit. 2. Building setb8cks for Lots 48 - 51, Block], sh811 be 8 minimum of 10 feet from the north property line. Due to existing easements, building setbacks for Lots 2] - 30, Block I, sh811 be a minimum of 15 feet from the south property line. Due to existing easements, building setbacks for Lots 13 ~ 21, Block I, sh811 be a minimum of 20 feet from the west property line. All other building setbacks, regardless ofbuilcling orientation, shall be a minimum of5 feet fJ'om property lines for the multi-family lots within the development (minimum [() feet between structures). The reduced building separation/setback is approved as part of the PO application. Unless otherwise approved by the City of Meridian, all building setbacks for the future office lots shall be in accordance with the applicable zoning regulations in effect at that time. 3. All of the lots within the multi-family portion of the development shall be a minimum or 3,500 square-feet, as requested. All of the lots within the office portion of the development shall be a minimum of3,300 square-feet, as requested. These reduced lot sizes are approved as part of the PD application. 4. There shall be no minimum frontage requirements for the lots within the proposed development, as requested. This reduced/waived frontage is approved as part of the PD application. ORDER CONDITIONAL USE PERMIT (ClTP-03-045) PAGE 2 OF 10 5. Revise the submitted site plan to show the common pathways/sidewalks along the south property line, west property I ine, between the office and multi -fam i Iy areas near Mi llenni um Way, and between the multi-family Lots 12 and 13 and the office Lots 6 and 7. Ten copies of said revised site plan shall be submitted to the City Clerk's office at least ten days prior to the next public hearing. 6. Provide common open space that equals or exceeds ten percent of the gross land area for the multi-family portion of the development. 7. Provide each multi-family dwelling unit \vith at least one hundred square feet of L1seable private open space. 8. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 9. Applicant shall submit 10 copies of a revised site plan ancllandscape plan in conformance with this report and the direction of the Planning & Zoning Commission at Je8st 10 clays prior to the next hearing on this application. B. Adopt the Recommendations of the Ada County Highway District as follows: I. Close an existing 22-foot wide driveway that intersects MilIenium Way approximately 335-feet north of the south propeliy line, as proposed. 2. Utilize an existing 30-foot wide driveway that intersects Millenium Way approximately 185- feet north of the south property I ine, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of tile Millenium Way. 3. Constt'uct a 35-foot wide drive\v8Y that intersects Millenium Way approximately IS-feet north of the south property line, as proposed. Pave the driveway its full width and at least 30-Ceet into the site beyond the edge of pavement of Milleniul11 Way. 4. Construct a 24-foot wide driveway that intersects Millenium Way and aligns with Gala Drive. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the Millenium Way. 5. Utilize the existing 36-foot wide driveway that intersects Overland Road approximately 125-feet east of the west property line. Pave tile driveway its full width and at least 30- feet into the site beyond the edge ofpavement oftlle roadway and install pavement tapers with 15-foot radii abutting the existing Overland Road. ORDER CONDITIONAL USE PER.MIT (CUP-03-045) ]>AGE 3 OF 10 6. Othcr than the access point that has been approved with this application, direct lot access to Overland Road is prohibited. Notes of this access restriction shall bc placcd on thc final pial. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. A]l design and construction shall be in accordance with the Ada County Highway District Policy Manua], rspwc Standards and approved supplements, Construction Services procedures and a]1 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare ancl certify all improvement plans. 6. The applicant shall submit revised plans for staff appro va], prior to issuance ofbuilcling 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 ACT-TO shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGUNE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant ORDER CONDITIONAL USE PERMIT (ClIP-03-045) IlAGE 4 OF 10 shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. II. Any change by the applicant in the planned use of the property vvhich 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 Distfict of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal rei ief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations oftl1e Nampa & Meridian Irrigation District as follows: I. App] icant shall fi Ie a Land Use App lication prior to final platting. 2. All laterals and waste ways must be protected. The District's Hunter Lateral courses along the west boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply vvith Idaho Code 31-3805. It is recommended that irrigation water be made avai lable to all developments \vithin the Nampa & Meridian Irfigatioll District. D. Adopt the Recollll11endations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fIre protection for the proposed project: I. That a fire-flow consistent with Appendix D of the International Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. ORDER CONDITIONAL USE PERMIT (CUP-03-045) PAGE 5 OF 10 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All radi i shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width 01'20'. No Parking will be allowed on all internal access roads which are less than 20' wide. 7. Apartment buildings contai ning 6 or more units shall be required to be fire sprinkled. E. Adopt the Recommendations of the Central District Health Department as follows: I. This proposal can be approved for central sewage and central water after written approv81 from appropriate entities lS 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 Environmenta] Quality. 3. Run-ofris not to create a mosquito breeding problem. 4. Stormwater shall be pre-treated through a grassy s\vale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stOJ1nwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Sanitary Services Company as follows: 1. More review is needed on the project for waste generation and collection points and enclosure sizes and locations. G. Adopt the Recommendations/Comments of.1oint Schoo] District No.2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. ORDER CONDITIONAL USE PERlVIIT (CUP-03-04S) PAGE 6 OF 10 I Approval of Maverick Subdivision will have a significant impact on schoo] enrollments at Mary McPherson Elementary, Lake Hazel Middle, and Mountaln View High School. 3. We can predict that these homes, when completed, will house fifty-five (55) elementary aged children, fi fty-one (51 ) middle school aged chi ld ren, and forty-two (42) senior high aged students. Additional students will further compound the current overcrowded situation. 4. Schoo] capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development \vill continue to have an impact on the district's capacity. H. Adopt the action of the City Council taken at their December] 6,2003 meeting as follows: For clarification: 1. The subdivision name shall be known as Sage Crest Subdivision, it was formerly known as Maverick Subdivision. I There shall be 19 office buildings instead of the 21 office buildings originally proposed on the preliminary plat. 3. The applicant shall provide a vehicular connection to the east across the Hunter Lateral. If the connection is not dedicated to the publ ie, provide a recorded copy of a cross-access document that allows the parcel to the west to utilize said connection, and such agreement shall be submitted to the Public Works Depat'tment. 4. Located on the southern property there is an existing chain link fence along the school property with no openings to the school site. 5. All office uses shall require a Conditional Use Permit application. 6. The exterior of the four-plexes shall either be of stucco, stone or brick siding, no vinyl siding will be Llsed on the apartments, clubhouse or office buildings. 7. Within the homeowners association there will be a sub-homeowners association. The purpose of this sub-homeowners association is for one person or entity to be in charge of all the exteriors of the four-plexes and landscaping. 3. The above conditions are concluded to be reasonable and the applicant shall meet ORDER CONDITIONAL USE PERMIT (ClJP-03-045) PAGE 7 OF JO such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (I 8) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use pemlit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this timc, the permit holder must commence the use as permitted in accordance 'vvith the conditions of approval, satisfy the requirements set forth in the conditions of approvaL acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and compJeli on dale fOf the proj ect. I f the completion date specified for the proj ect is exceeded, the conditional usc application shall becomc null and void. Howevel-, 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 rccorded 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 frolll the ORDER CONDITIONAL USE PERMIT (CUP-03-045) PAGE 8 OF 10 original date of approval by the council. lfthe successive phases are not submitted within one year intervals, the conditional approval 0 f the future phases sha II be Ilull and void. (rvrcc I ] -17- 4.8.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request mLlst be in writing, and mllst 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 Revie'vv 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 811 interest in real property which may be'adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code, By action ofthe City Council at its regular meeting held on the 6.f!::= day of J~{J- ,2004. w~~ Robert D. Corrie, Mayor City'OfIvlericlian ORDER CONDITIONAL USE PERMIT (CUP-03-045) PAGE 9 OF 10 d1~R~(fb William G. Berg, Jr., City rnerk \\\1111111111/1/ \\\\ C JUt::" tIll ,""\..J 0\ M_tllf'1 111/ :-.' A..... ViA .~ ~ ..'-.' .UL ..:, $ v o?.OOPL1 h 'f/ ~ ::: C.G ~';... ~ ~ ~~ v ~ ~ ~ ~ SEAL ~ "Y'u &- -;. "-4l ,,<:5 0 .::: % '1'() Us.,. 15\ ' ~! .;../ '1 ^_ ~~ $' ..../~ \-1fC....-.f " ", III U'uN l'" \,\ 1/1, \\\ frlHl1 ltH\\\ Copy saved upon Applicant, the Planning and Zoning Department, Public WOfks Department and City Attorney. Anest: By JI~~?-~r; City Clerk 1/ Dated: 1~6 ~t?1- ORDER CONDITIONAL USE PERMIT (CTP-03-045) PAGE 10 OF 10 December 31, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Meridian Soccer Property CUP 03-056 January 6, 2004 ITEM NO. 8..0 REQUEST Findings - Request for a Conditional Use Permit for an indoor soccer center in an existing business park in an l-L zone for Meridian Soccer Center - south of East Franklin Road, west of South locust Grove Road on East Piper Court AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffilERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See altached Findings ~~ Contacted: Emailed: -- . 1:;([i41LLU~ vJ i (/'J'" Date:' -D p n .$(JCZ.- 3s;2 - SID '-.-Y Rv\ \ l('J\~t'''lU*{lll\vJt~t-p(L (oAJaff Initials. / " Material. pre.ented at pubr meetings shall become property of the City of e BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE IVIATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR AN fNDOOR SOCCER CENTER IN AN I-L ZONE, LOCATED ON EAST PIPER COURT IN THE MEDIlVIONT BUSINESS PARK (MARKETED AS STONEBRIGDGE BUSINESS PARK), MERIDIAN, IDAHO MERIDIAN SOCCER PROPERTY, APPLJ CANT CIC12-16-03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-056 FINDINGS OF FACT AND CONCLUSIONS OF LA \V AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application baving come before the City Council on December 16, 2003, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for tbe Planning and Zoning Department, and Jim Main, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public heat-ing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LA \'" AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 15 I. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 16, 2003, before the City Counci I, the fi rst pu blication appeari ng and wri tten notice having been n18 i led to property owners or purchasers ofrecord within three hundred feet (300') of the external boundaries of the property under consideration more than fi fteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considefed by the City Council at the December 16,2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments Zllld submit evidence. 2. There has been compliance with all notice ancl hearing requirements set forth in [claho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 8S evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting fi led with the st8fr report. 3. This proposed development request is in an I-L zone and by reason of the provisions of the Meridian City Code S 1] -17-4, a public hearing was required before the City Council on this application. 4. The property is located on East Piper Court in the Medimont Business Park (marketed as Stonebridge Business Park) in Meridian, Idaho. 5. The owner of record of the subject property is John Barnes, Properties West, Inc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERi\lIT PAGE 2 OF]5 6. Applicant is Meridian Soccer Property. 7. The subject property is currently zoned [-1. The zoning district ofI-L 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 an indoor soccer center in an J-L zone. The I-L zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ofdinancc, Section 11-8-1 ). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, ,,,hich designates the subject property as Industrial. 10. The use proposed which is the subject of this application, will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan 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 planningjurisdiction public facilities and sel-vices required by the proposed development will not impose expense upon the publ ic if the following conditions of development are imposed and the following is also found to be required to mi ti gate the effects of the proposed use and development upon services delivered by pol i tical subdivisions providing services to the subject real property within the planningjurisdiction of the FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 15 City of rvlel'iJian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineel'ing staff as follows: SITE SPECIFIC REQUIREMENTS I. 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 adjaccnt pl'opel-ties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All new signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 3. All constl'uction and siteimpl'ovements shall conform to the requirements orthe Americans \vith Disabilities Act 4. As part of a conditional use permit, the City of Meridian may Impose additional restri ct i onsl co nditions. 5. Any conditions added by the Planning & Zoning Commission or City Council pertaining to the parking lot shall be complied with prior to occupancy. 6. Enter into a shared parking agreement with neighboring businesses 111 theiVIedimont Business Park to accommodate any potential parking overflows. 7. As part of a conditional use pennit, the City of Meridian may Impose additional restrictions/cond i tions. 8. Sanitary sewer and water service shall be from existing service lines on the property. 9. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ore!. 557, 10-1-91) for all off-strcet parking areas. Storm water treatment ane! disposal must be designed in accordance with Depaftment of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City ofiVIeridian standards and policies. OfT-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. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND OI:tDER GRANTING CONDITIONAL USE PERJVIIT PAGE 4 OF 15 B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Commercial occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the rVleridian Fife Department. The proposed fire hydrantlocalions 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. 5. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. 6. All interior revocations shall comply with the 2000 International Fire Code. C. ACHD recommended that the proposed indoor soccer center comply with the ACI-ID recommendations for Medimont Business Parle. D. Adopt the Recommendations of Central District Health Department as follows: I. Storm water shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2. The Engi neers and architects in vol ved with the des ign of the subj ect project sha II obtain current besllllanagement practices for storm water disposal and design a stol111\vater management system that prevents groundwater and surface water degradation. E. Adopt the action of the City Cou IlC i I taken at their Decem ber 16, 2003 meeti ng as follows: For clarification: I. The revised Site Plan dated December 1,2003 appears to meet the landscape ordinance and parking lot requirements. Upon review and approval of the Planning and Zoning Department the revised Site Plan dated December 1,2003 shall be approved. 2. The applicant shall obtain the shared parking agreements with the neighboring businesses to accommodate any potential overflow parking for the site. 13. It is found that the site is large enough to accommodate all required landscaping. FINDINGS OF FACT AND CONCLVSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERIVIIT PAGE 5 OF 15 The applicant's proposed landscaping plan meets all Meridian City Code landscaping reg ui rcments. The MCC's parking standards (12-13-5) do not specifically list indoor soccer centers. The applicant estimates that the indoor soccer center will have two employees at the ti.lcility and twenty soccer players using the facility at a time. The applicant's site plan proposes 35 parking spaces to allow parking for each of the players (games consist of two, ten player teams) employees, and spectators. Additionally, the applicant shall secure the shared parking agreements with the neighboring businesses to accommodate any potential overnow of parking. 14. The Comprehensive Plan Future Land Use Map designates the property as "Industrial". It is found that the proposed use is hanllonious with the Comprehensive Plan. It is further found that the proposed use is in compliance with the Meridian City Coele. It is found that the proposed indoor soccer center is compatible with the existing light industrial uses found in the Medimont Business Parle The proposed structure will consist ofa large, open enclosed space which is similar to other structures found in business parks vvith I-L zoning. The design of the structure makes it both aesthetically compatible with surrounding uses and makes the structure a good candidate for reuse if the Meridian Soccer Center ceases operation. The uses immediately surrounding the proposed indoor soccer center are all light industrial in nature (the surrounding L1ses include an office for a construction company, an office for the Intermountain Foods Corporation, and a tfaining center for Mary Kay cosmetics) and are compatible with the proposed indoor soccer center. The City of Meridian recently approved a dance studio in the I-L zone, finding that the dance studio was compatible with surrounding I-L uses. The proposed use is classified as an "indoor recreation facility" because the active FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 15 nature of the activity at the proposed soccer center is substantially different from the more passive activities at a movie theater or video arcade found in what is classified as an "indoor entertainment facility in the MCC." 15. The adjacent industrial and office uses are compatible 'vvith the proposed indoor soccer center. The applicant has stated in their application that the heaviest periods ofusage for the soccer facility will be evenings and weekends. The usage times of the facility 'vvill help to make the proposed use compatible with the existing industrial uses in the business parle 16. It is not anticipated that the proposed uses will adversely affect the other properties in the vicinity. (See Finding of Fact number 15.) 17. It is found that the proposed development will be adequately served by the essential public facilities and services. The proposed indoor soccer center will be constructed in a pre-existing business park which is currently served by public facilities. 18. It is found that the proposed use would not create additional requirements at public cost for public facilities and service and will not be detrimental to the economic welfare 01' the community. The proposed soccer center will be located in a pre-existing business park \vhich is already served by urban services. 19. It is anticipated that the proposed use will not be detrimental to any persons, property, or the general welfare. 20. It is found that the proposed use will not create interference with traffic on the surrounding public streets. Unlike youth soccer leagues, the applicant's proposed indoor soccer center will cater to adult soccer leagues which typically have much lowel' spectator attendance. The proposecluse will not generate the volume of traffic seen at YOLlth soccer games. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF J5 ( 21. It is not anticipated that any natural or scenic feature(s) of major importance in the area wi II be affected by the proposed development. CONCLUSIONS OF LAW I. 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, Ti tl e 67, Idaho Code (1. C. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the pOvver to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed Lise is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City ofMericlian has done in the adoption 0 f' its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met ancl that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed Lise and development plan will be harmonioLls with the FINDINGS OF FACT AND CONCLUSJONS OF LA WAND DECJSION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 15 fvleridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, constructioll, operati on andmaintcnance wi II be com pat ib lc \V i I h other uses in the general neighborhood and with the ex i sti ng or intended character 0 i' the genera I vici llity and that such Lise wi II 110t ad versely change the essent i a I character 0 f the same area; d. That the proposed use, if it complies with all conditions of the approval imposed. will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse d isposa I, water, sewer; or that the person responsib Ie for the estab lishment 0 f the proposed conditional use shall be able to provide adequately any SLlch services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed LIse will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the properly \v"hich shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Industrial District (f-L), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers 0 f record within three hundred feet (300 ') of the external boundaries of the land under consideration for the cond i tional use permit all in accordance with the provisions of Merid ian City Code ~ 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall i'ollow notice and hearing procedures provided in Chapter 15 0 f this Title. Provided, however, that conditional LIse applications for land in Old Town <md in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 15 Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in aecordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho Slate law. (Ivlcridian City Code ~ 11-17-6) 7. When the City Council approves a conditional LIse permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained pmperty; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or serviccs; and G. Require more restrictive standards than those generally requircd, in this Ordi nancc. 8. The City of Meridian has, by ordinance, established the Impact Arca and thc Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL tJSE PERMIT PAGE 10 OF 15 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NO\V, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LA W, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for an indoor soccer center in an I-L zone, located on East Piper Court in the Medimont Business Park (marketed as Stonebridge Business Park), Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoni ng and Engineering sta ff as follows: SITE SPECIFIC REQUIREMENTS I. 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. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All new signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 3. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 4. As part of a conditional use permit, the City of Meridian may Impose additional restri ct i ons/ concl i t.i ons. 5. Any conditions added by the Planning & Zoning Commission or City Council pertaining to the parking lot shall be complied with prior to oceupancy. 6. Enter into a shared parking agreement with neighboring businesses in the Meclimont Business Park to accommodate any potential parking overflows. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 15 7. As part of a conditional use permit, the City of Meridian may Impose additional restrictions/cond i ti ons. 8. Sanitary sewer and water service shall be from existing service lines on the property. 9. 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 waler is prohibited L1nless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing a]1 necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. B. Adopt the Recommendations of the Meridian Fire Department as follows: I. Commercial occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant 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. 5. All access roads within the project shall have a clear driving surface with a minimum width of20' available at aU times. 6. All interior revocations shall comply with the 2000 International Fire Code. C. ACHD recommended that the proposed indoor soccer center comply with the ACHD recommendations for Mec1imont Business Park. D. Adopt the Recommendations of Central District Health Department as follows: I. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL llSEPER_MIT PAGE 12 OF 15 E. Adopt the action of the City Council taken at their December 16,2003 meeting as follows: For elarification: 1. The revised Site Plan dated December 1,2003 appears to meet the landscape ordinance and parking lot requirements. Upon review and approval of the Planning and Zoning Department the revised Site Plan dated December 1, 2003 shall be approved. 2. The applicant shall obtain the shared parking agreements with the neighboring businesses to accommodate any potential overflow parking for the site. 2. The conditions shall be reviewable by the Council pursLlant to Meridian City Code 911-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet sLlch requirements as a condition of approval of the application for a conditional 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 Works Depat-tment and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen ( 18) months unless otherwise approved by the cOLlnci I. Du ri ng this ti me, the perm i t holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire bLlilding permi ts and commence construction of permanent footings or structures on or in the groLlnd. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 15 has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion elate specified for the project is exceeded, the conclitionaluse application shall become null and void. However. the applicant lllay 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 contiguoLls 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.) NOTJCE 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 ill writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be ad versely affected by the issuance or denia I 0 f the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVIIT PAGE 14 OF 15 conditional LIse permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. 6fA By action of the City Council at its regular meeting held on the day of J~l ,2004. ROLL CALL: COUNCILMAN KEITH BIRD VOTED ~tfi..- COUNCILWOMAN TAMMY de WEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED~ COUNCILMAN BILL NARY VOTED~ MA YOR ROBERT D. CORRIE (TIE BREAKER) DATED: /-6 ~f) 4- VOTED MOTTON: \/ APPROVED:~ DISAPPROVED: \\\\\1111111/1/1 ~, - \\\\ f Ml:'r.. 111I ~~ ,""'\-{ 0 '-ITID411/'/.; Mayor Robcn D. Corrie Attest: ~' () ~PO~A '-'V ~ ~ cP' '-"I J'(:; -;. g ~ () S J!;u..::.~ - SEAL" ~ William G. Berg, Jr., City Clerk ~ "p.. Qu.... ,C!)o 0 g ~ <=> ~r 1Si . ~ $ ...... ~ f;)'tf " Copy served upon Applicant, Plann(:{g,.,g.~@la.WililgA~€'j'i~rtment, Public Works O d I C. A 1tlfl"" "".,i\\\ . epurtment an t 1e Ity ttorney. "" ,,', By JI~"!-~ 9- City Clerk Z:\ Work\M\Meridion\Mcridian 15360M\Meridian Soccer Center CUI'.03,056\FfClsCUP03,056.doe Dated: - 7. 0 iE ::;. (/0 ~;)O~ S "1A USr 1S1' . .~ $ ,...". "-"..AI . ~. " 1:.- "1 (' '{\)~. ,,"- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER/,'ll/ -OVNT'l. \\\"..., GRANTING CONDITIONAL VSE PERMIT li;"i:n!1 1\1'\\\ PAGE 15 OF 15 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR AN INDOOR SOCCER CENTER IN AN I-L ZONE, LOCATED ON EAST PIPER COURT IN THE MEDIMONT BUSINESS PARK (MARKETED AS STONEBRIDGE BUSINESS PARK), MERIDIAN, IDAHO MERIDIAN SOCCER PROPERTY, APPLICANT CIC 12/1 6/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-056 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on December 16,2003, under the provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit application and the COLlncil having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for an indoor soccer center in an I-L zone, located on East Piper Court in the Meclimont Business Park (marketed as Stonebridge Business Park), Meridian, Idaho, subject to the following conditions of lIse and development: ORDER CONDITIONAL USE PER1VIIT (CUP-03-056) PAGE 1 OF 6 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS J. AJI 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 spillover onto adjacent properties or right-of-way. All parking lot lighti ng sha II be in accordance with Ordinance 11- 13-4C. ') All signage shall be in accordance with the standards set forth inSect ion 1 1 - 14 of the Ci ty Zoning and Development Ordinance. All new signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prollibited, and shall be removed upon 3 days notice to the applicant. 3. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 4. As part of a conditional use permit, the City of Meridian may Impose additional restri ctions/cond i tions. 5. Any conditions added by the Planning & Zoning Commission or City Coullcil pertaining to the parking lot shall be complied with prior to occupancy. 6. Enter into a shared parking agreement with neighboring businesses III the Medimont Business Park to accommodate any potential parking overnows. 7. As part of a conditional use permit, the City of Meridian Illay Impose additional restricti ons/cond i tions. 8. Sanitary sewer and water service shall be from existing service lines on the property. 9. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engi !leer (Ord. 557, 10-1-91) for all off-street parlci ng 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 ShaUow Injection Wells. ORDER CONDITIONAL llSE PERMIT (CllP-03-056) PAGE 2 OF 6 B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Commercial occupancies will requIre a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrnnt 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. 5. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. 6. All interior revocations shall comply with the 2000 International Fire Code. C. ACHD recol11mended that the proposed indoor soccer center comply with the ACl-ID recommendations for Medil110nt Business Parle D. Adopt the Recommendations of Central DistrIct Health Department as follows: 1. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. ) The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groLlndwater and surface water degradation. E. Adopt the action ofthe City Council taken at their December 16,2003 meeting as follows: For clari fication: 1. The revised Site Plan dated December 1,2003 appears to meet the landscapc ordinance and parking lot requirements. Upon review and approval of the Planning and Zoning Department the revised Site Plan dated Deecmbcr ],2003 shall bc approved. 2. The applicant shall obtain the shared parking agreements with the neighboring businesses to accommodate any potential overflow parking for the site. ORDER CONDITIONAL USE PERlVIIT (CUPw03-056) PAGE 3 OF 6 3. The above conditions are concluded to be reasonable and the applicant shall meet suc h req ui rements as a cond i tion 0 f approva I 0 f the appl icati on for a cond itional use perm i 1. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURA TION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence co nstructi on 0 f permanent footings or structures on or in the ground. In th is contex t "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. lfthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat mllst 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 ORDER CONDITIONAL USE PERMIT (CUP-03-056) })AGE 4 OF 6 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 shaJl be null and void. (MCC 11-17- 4.8.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owncr Illay req uest a regu I atory taking analysi s. Such req uest must bc in wr[ ti ng, and Illllsl be fi led wi 111 Ihe City Clerk not Illore than twenty-eight (28) days after the final dccision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-652 I an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of tile conditional Lise permit approval may within twenty-eight (28) days after the date of this decision and order seck ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the G f/.. day 0 r <T~r ,2004. ~~- Robert D. Corrie, Mayor City of Meridian ORDER CONDITIONAL USE PERMIT (CUP-03-056) PAGE50F6 Attest: By dI~~~~ City Clerk Dated: 1-6 -(JLf- 1:\\V()rk'il,l\,\ltridlUll\Altridi~1l I 53C>OM\MeridiUIl Soccer CClller CUI'-03-056\OrdcrCUI' doc ORDER CONDITIONAL USE PEItlVIIT (CUP-03-056) PAGE 6 OF 6 December 31,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT C$HQA CU P 03-053 January 6, 2004 ITEM NO. S- P REQUEST Findings - Request for a Conditional Use Permit for development of a 2,800 square foot bank with drive-thru and future retail tenant with drive-thru In a C-C zone for Key Bank -south of East Overland Road and west of South Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POUCE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings ~ Contacted: Emailed: \.\ P-, \lJ\ Y ! fA) j 7,( /\;1 v{crJ Date: - ,./ Staff Initials: Materials presented at public meeHngs shall become property of the City of Meridian. Phone: ~L(S- frSS:-' 1 1 2003 ,,' I interoffi ce MEMORANDUM - City Of Meridian City Clerk Office To: William G. Berg, Jr. From: William F. Nichols Subject: BY: CSHQA FOR CONDITIONAL USE PERMIT FOR DEVELOPMENT OF A 2,800 SQ. FT. BANK WITH DRIVE-THRU AND FUTURE RETAIL TENANT WITH DRIVE- THRU IN A C-C ZONE FOR KEY BANK File No.: CUP-03-053 Date: December 29,2003 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. IJyou should have any questions please give me a call. Z:\Work\M\Mcridian\Mcridiun I 5360M\Key Bank CUP-03-053\ClkLlrCUl'ffcls&Order.doc BEFORE THE CITY COUNCIL OF THE CITY OF l\'IERIDIAN IN THE IVIA TTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR ) DEVELOPlVIENT OF A 2,800 SQ. ) FT. BANK WITH DRIYE-THRU ) AND FUTURE RETAIL TENANT ) WITH DRIVE-THRU IN A C-C ) ZONE FOR KEY BANK, LOCATED ) SOUTH OF EAST OVERLAND ) ROAD AND WEST OF SOUTH ) EAGLE ROAD, MERIDIAN, IDAHO ) ) CSHQA, ) APPLICANT ) ) CIC12-16-03 Case No. CUP-03-053 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on December 16,2003, at the hour 0[7:00 p.m., at Meridian City Hall, 33 East ldaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Craig Slocum, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recomrnendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the COLlllcil having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERiVIIT PAGE 1 OF 19 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 16,2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of recor~ within three hundred feet (300 ') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the December 16, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given fulJ opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Iclaho Code 967-6509,6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-C (Community Business District) zone and by reason of the provisions of the Meridian Ci ty Code 9 11-17-4, a publ i c heari ng was required before the City Council on this application. 4. The property is located on the southwest corner of E. Overland Road ancl S. Eagle FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USEPEltMIT PAGE 2 OF]9 Road in EI Dorado Business Campus, Meridian, Idaho. 5. The ovvner of record of the subject property is Kimball Properties, LTD, Partnership, P.O. Box 8204, Boise, Idaho 83704. 6. Applicant is CSHQA, 250 S. 5th Street, Boise, Idaho 83702. 7. The subject property is currently zoned C-C The zoning district ofC-C is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a new 2,800 sq. ft. full service bank building with three (3) drive-thru teller lanes and a drive-up ATM. The application also requests approval for a future attached retail use and drive-thru west of the proposed bank all in a C-C zone. The C-C zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive P18n, which designates the subject property as Mixed-Use Regional. On behal f of Key Bank, the applicant, CSHQA, has requested approval ofa conditional use permit for a new 2,800 sq. 1'1. full service bank building with three (3) drive-thru teller lanes and a drive-up ATM. The applicant is also requesting approval for a future attached retail use and drive-thru west ofthe proposed bank. It is the applicant's intent to enter into contract negotiations for the future retail/restaurant use, though one has n01 yet been secured. Thus, they have submitted two alternate site plans (and corresponding landscape plans) - one showing the site withjust the bank and the other showing the site with both lIses on it. Since the future use will be attached as a single multi-ten8nt FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 19 structure, a planned development is not required. The Conditional Use Permit is required due to the proposed drive-throughs. The subject property was final platted earlier this year as part of the El Dorado (Bonito) Subdivision and was recently recorded. The proposed project sits on a portion of Lots 7 and 8, Block 5 of Bonito Subdivision. Staff recommends that a lot line adjustment be recorded to match the configuration shown on the proposed site plan prior to issuance ofa Certificate of Zoning Compliance. 10. The Lise proposed whieh is the sLlbjeet of this application, will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan 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 services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subd i visions provi ding services to the su bject rea I property withi n the planni ng ju ri sc1 icti all 0 f the City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The P&Z Commission confirms that applicant will have their choice between the two optional site plans submitted with the application, per condition #3 below. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 19 B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL ]. This Conditional Use Permit shall be subject to all applicable conditions of approval from the EI Dorado Business Campus (AZ-Ol-OI8, CUP-OI-037, PP-Ol-020) and Bonito Subdivision (FP-03-0 1 0). 2. The existing lot lines shall be modified through the lot line adjustment process and recorded, providing a legal lot to the applicant in the shape shown on the site plan, prior to issuance of a Certificate of Zoning Compliance (CZC). 3. Two optional site plans are approved with this application. Sheet 1.0 depicts the intended multi-tenant structure and associated site improvements. Sheet I b depicts the site plan if only the bank is constructed. 4. Add one tree in the planter island ofthe northernmost row of parking. Add one tree per 35 linear feet along the southern boundary of the project. 5. Applicant shall submit for a planned sign program. Signage shall conform to the size and number depicted on the submitted plans. 6. This conditional use permit shall be subject to the expiration provisions set forth ill MCC 11-17-4.B. 7. 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 wide. Drive-thru lanes shall be constructed as depicted on the submitted site plans. 8. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 9. The project shall provide a cross-access stub to the east, as depicted on the site plan. 10. Sanitary sewer and water service shall be from main lines currently being installed to the property. II. 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 c10es not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance l1-13-4C. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 19 12. All signage shall be in accordance with the standards set forth in this report and Secti on 11-14 of the City Zoning and Development Ordinance. All sign age is subj ect to review and shall require separate permits. 13. All construction and site improvements shall conform to the reqLlirements of the Americans with Disabilities Act and the adopted building and fire codes. 14. A drainage plan designed by a State ofldaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, ]0-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department ofEnviromnental Quality I 997 publication Catalog 0 f Storm Water Best Managemcnt Practices for Idabo 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. 15. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Celiificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn ofa letter ofcredit 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: I. That afire-flow consistent with Appendix D ofthe International Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval ofthefire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall bave an unobstructed width of 20'. 7. No Parking will be allowed on the access road to the West. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTlNG CONDITIONAL USE PEH.MIT PAGE 6 OF 19 D. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of approval for MCUPOI-037/MAZOI-018 (EI Dorado Business Campus). E. Adopt the Recommendations of Central District Health Department as follows: I. Storm water shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storm water disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All laterals and wasteways must be protected. The Developer must comply with Idaho Code 31-3805. G. Adopt the action of the City Council taken at their December 16,2003 meeting as follows: For clarification: 1. The applicant submitted two Site Plans both of which are hereby approved, but the applicant shall only be allowed to choose one from the two Site Plans for actual construction (as addressed in Finding number 12. A. Labove), the two Site Plans the applicant can choose from are as follows: a. For Conditional Use Permit for development of a new 2,800 sq. f1. bank with a drive-thru, or b. For Conditional Use Permit for a new 2,800 sq. ft. bank with a c1rive-thru and a future 1,500 sq. f1. retail tenant with c1rive-thru. 2. The site does not match the platted lot lines of Bonito SLlbdivision and sits on portions of Lots 7 and 8, Block 5. A lot line adjustment shall be required prior to issuance of a Certi ficate 0 f Zoni ng Comp I i anee. 13. It is found that the subject property, as depicted, is large enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. It is FINDINGS OF FACT AND CONCLUSIONS OF LA W AI\TD DECISION AND ORDER GRANTING CONDITIONAL USE PEH.MIT PAGE 7 OF 19 noted that the site does not match the platted lot lines of Bonito Subdivision and sits on portions of Lots 7 and 8, Block 5. A lot line adjustment will be required prior to issuance of a Certificate of Zoning Compliance. If only the bank IS built, 23 parking spaces will be constructed per the submitted plans; a minimum of 14 spaces are required by ordinance. lfboth the bank and future retail restaurant space is built, 31 parking spaces wi]] be constructed per the submitted plans; a minimum of22 spaces are required by ordinance. Under either scenario, the project will have ample parking. 14. The Comprehensive Plan Future Land Use Map designates the property as "Mixed Use-Regional" and is currently zoned C-c. Mixed Use-Regional allows for banks and drive-through faci lities (see Comprehensive Plan, p. 98). Ordinance 1] -8-1, Schedule of Use Control, allows for drive-in establishments through the conditional use process in the C-C zone. The Development Agreement for the subdivision also allows for drive-through projects through the conditional use process. It is found that the requested uses are in compliance with the approved FutLlre Land Use Map, and that if approved as a CUP the project will be in compliance with the MCe. 15. The surrounding properties on three sides are all part ofEI Dorado Business Campus and arc intended for development of a similar nature. The existing rural residences across Overland Road from the project will experience a change from existing conditions; however, the Comprehensive Plan shows that the future intended land use of the area is also Mixed Use-Regional. Therefore, it is found that the proposed development will not adversely change the existing or intended character of the general vicinity. The decision to change the character of the area was already made with the approval ofEl Dorado Business Campus and Bonito Subdivision. 16. The adjoining properties to the east, west, and south are owned by the same property FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVIIT PAGE 8 OF 19 owner that has consented to submittal of this application. Therefore, it is not anticipated that the proposed use will adversely affect the adjacent properties. 17. The project has vehicular access from Overland Road via a previously approved curb cut for Bonito Subdivision. The Meridian Fire Department submitted comments on the project as listed above in Finding number 12 C. ACHD approved the proposed project with no new conditions, except to comply with the conditions already placed on the subdivision. Water and sanitary sewer service to the project is readily available to the site via mains installed as pat-t of the subd i vi sion improvements. 18. If approved, the developer will finance the extension of sewer, water, uti I ities and pressurized irrigation to serve the project The primary public costs to serve the fLlture residents will be fire and police services. It is fOLlnd that there will not be excessive additional requirements at public cost and that the proposed use wil! not be detrimental to the community's economic welfare. 19. ACHD estimates that the traffic volume would be 742 average daily trips (ADT) for the proposed bank and 744 ADT for the retaillrestaurant space if the uses were free standing and not part of a larger development. According to Kendall Kemmer at ACHD, "since they are part of a larger development the actual new daily trips will most likely bc reduced as larger developments such as Bonito Subdivision will experience the phenomenon of trip capture. The people who work within larger developments are more likely to use things such as banks and restaurants within the development as opposed to going outside which reduces the number of new trips actually being made to the uses within the development." The approved subdivision plans anticipate up to 8,262 additional vehicle trips per day for the entire EI Dorado Business FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 19 Campus; the proposed project lS only a fraction of the pre-approved ultimate traffic volume. [tis found that no excessive traffic, smoke, fumes, glare or odors will result from the proposed use. 20. All vehicular appro8ches were previously approved with Bonito Subdivision. It is found that the proposed use will not create significant interference with traffic on the surrounding public streets. Refer to ACHD comments for additional detail on this issLle. ACHD will not prepare a separate site-specific report for the proposed project and instead have simply required the project to comply with conditions of approval already placed on the subdivision as a whole. 21. It is not anticipated that any natural or scenic feature(s) of major importance in the area wi II be affected by the proposed development. CONCLUSIONS OF LA VV I. 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" codificd at Ch8pter 65, Title 67, Idaho Code (1.e. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment 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 requil-ed, provide for the process of special and/or conditional use pcrmits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has donc in thc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 19 adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S ] 1-] 7-3) a. That the si te 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 Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; C. That the design, construction, operation and maintenance will be compatible with other L1ses 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, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vieinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment ofthe proposed conditional use shall be able to provide adequately any such services; r. That the proposed use will not create excessive additional cost for public faci I ities and services and wi 11 not be detrimental to the economic welfare of the COl1lm uni ty; g. That the proposed use will not involve nctivities or processes, materials, equipment and eOllditiolls of operation that will be detrimental to any persons, property or the general wel fare by reason of excessive production 0 f traffi c, noise, smoke, fLlmes, gl arc or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Mixed Use-Regional District currently zoned C-C, a public hearing shall be condLlcted with notice to be published and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 19 provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Mericlian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recom mendation 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 Counci I with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, ancl Idaho State law. (Meridian City Code 9 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A.fvlinimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; . D. Assure that the development is maintained properly; E. Designate the exact location and nature of the development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GR.ANTING CONDITIONAL USE PERMIT PAGE 12 OF 19 F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by orclinance, established the impact Arca and thc Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NO\V, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a neyv 2,800 sq. ft. full service bank bUilding with three (3) drive-thrll teller lanes and a clt-ive-lIp ATM. The application also requests approval for a future attached retail use and drlve-thru west of the proposed bank all in a C-C zone, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The P&Z Commission confirms that applicant will have their choice between the two optional site plans submitted with the application, per condition #3 below. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL I. This Conditional Use Permit shall be subject to all applicable conditions of approval from the EI Dorado Business Campus (AZ-01-018, CUP-OJ -037, PP-OI-020) and Bonito FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 19 Subdivision (FP-03-010). ) The existing lot lines shall be modified through the lot line adjustment process and recorded, providing a legal lot to the applicant in the shape shown on the site plan, prior to issuance of a Certificate of Zoning Compliance (CZC). 3. Two optional site plans are approved with this application. Sheet 1.0 depicts the intended multi-tenant structure and associated site improvements. Sheet 1 b depicts the site plan if only the bank is constructed. 4. Add one tree in the planter island of the northernmost row of parking. Add one tree per 35 linear feet along the southern boundary of the project. 5. Applicant shall submit for a planned sign program. Signage shall conform to the size and number depicted on the submitted plans. 6. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. 7. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11-l3-4.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. 8. All parklng and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 9. The project shall provide a cross-access stub to the east, as depicted on the site plan. 10. Sanitary sewer and water service shall be from main lines currently being installed to the property. I I. All exterior lighting, whether attached to the bLlilding or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spillover onto adjacent propelties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 12. 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. 13. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF]9 14. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department ofE nvironmental Quality 1 997 publication Catalog 0 f Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. OfT-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorlzation prior to development plan approval. The applicant is responsible for filjng all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 15. 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 byproviding surety to the City in the fOlln ofa letter ofcredit 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. e. Adopt the Recommendations of the Meridian Fire Department as follows: I. That a fire-flow consistent \vith Appendix 0 of the International Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Depaliment thnl the Public Works Department. 5. All radii shall be 28' inside and 48' outside rad ius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of 20'. 7. No Parking will be allowed on the access road to the West. D. Aclopt the Recommendations of ACHD as follows: l. Comply with the conditions of approval for rvrcupo 1-03 7 /IvIAZO 1-0 18 (El Dorado Business Campus). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 19 E. Adopt the Recommendations of Central District Health Department as follows: 1. Stonmvater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2. The Engineers and architects involved with the design of the subject project shall obtain CUtTent best management practices for storm water disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of tile Nampa & M.eridian Irrigation District as follows: I. All laterals and wasteways must be protected. The Developer must comply with Idaho Code 31-3805. G. Adopt the action of the City Council taken at their December 16,2003 meeting as follows: For clarification: I. The applicant submitted two Site Plans both of which are hereby approved, hut the applicant shall only be allowed to choose one from the two Site Plans for actual construction (as addressed in Finding number 12. A. 1. above), the two Site Plans the applicant can choose from are as follows: a. For Conditional Use Permit for development of a new 2,800 sq. [t. bank with a drive-thru, or b. For Conditional Use Permit for a new 2,800 sq. f1. bank with a drive-thru and a future 1,500 sq. ft. retai I tenant with dri ve-thru. 2. The site does not match the pIattedlot lines of Bonito Subdivision and sits on portions oLLots 7 and 8, Block 5. A lot line adjustment shall be required prior to issuance of a Certificate of Zoning Comp I iance. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 911-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE160F19 111 accordance with this Decision, which shall be signed by the Mayor and City Clcrk and thcn a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council During this time, the permit holder must conlmence the use as permitted In accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion elate for the project. If the 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 deadllne shall apply to the first phase. In the event that the development is made in Sllccessive contiguous segments or multiple phases, such phases shall be constrllcted within successive intervals of one year from the original date of approval by the council. If the sllccessive 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.) FINDINGS OF FACT AN)) CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PER1VfIT PAGE 17 OF 19 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hercby noti fled that pLlrsuanllo Idaho Code 67-8003, the Owner may req L1est a rcgu lalory taking analysis. Such reg uest must be in "'Hi ti ng, andm List be fi Icd \v i lh the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 all affected person being a person who has an interest j n real property which may be adversely affected by the issuance or denial of the conditional Lise permit approval may within twenty-eight (28) days after the date of this decision and order scek a judieial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held 011 the G7~ day of J~VVt-J2004. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~v COUNCILWOMAN TAMMY de WEERD VOTED {;kcc COUNCILWOMAN CHERIE McCANDLESS VOTED ~ VOTED fj&t- COUNCILMAN BILL NAR Y - MA YOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1-6-0f VOTED FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 19 MOTION: V,. APPROVED: C!- DISAPPROVED: Attest: \\1\1111111/111 \'\' III \"\\\\-{ Of MEf{jD /11/1 ..::..... :\ ." 'I.t ......;. $' cf o?,pof1q?'J '1; ~ ;:;- _~0 ~'^ -;.. ,~ v- 1- 6-{)4-~_g ~= - SEAL ~~. 0>.. ... ~ r';\.... ... Q. .;:~ o~ ~"',o u<sr 15\ . ..:t- $' ";. ~ ~ " '//,1 CO, ~ ~ ,v.... 1/11 c!N ~ 11' \.\,.... III'" . .,\\ liq~'d ndlll,. By: J~.~~ 9- City Clerk Dated: 7.:\\Vol'k\M\Meridiun\Mcridiun I 5360M\Key Bunk CUP-03-053\f'I"CIsCUI'03-053.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GH.ANTING CONDITIONAL USE PERlVIIT PAGE J9 OF 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 12/16/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR ) DEVELOPMENT OF A 2,800 SQ. ) FT. BANK \VITH DRIVE-THRU ) AN D FUTURE RETAIL TENANT ) WITH DRIVE- THRU IN A C-C ) ZONE FOR KEY BANK, LOCATED ) SOUTH OF EAST OVERLAND ) ROAD AND WEST OF SOUTH ) EAGLE ROAD, MERIDIAN, IDAHO ) ) ) CSHQA, ) APPLICANT ) ) Case No. CUP-03-0S3 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council 011 December 16,2003, under the provisions of Meridian City Code S 11-17-4 for final aetion on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use pel111it for a new 2,800 sq. n. full service bank bui [ding with three (3) drive-thru teller lanes and a drive-up ATM. The application also requests approval for a future attached retail use and drive-thru west of the ORDER CONDITIONAL USE PERMIT (CUP-03-053) PAGE 1 OF? proposed bank all in a C-C zone, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: t. The P&Z Commission confirms that applicant will have their choice between the two optional site plans submitted with the application, per condition #3 below. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. This Conditional Use Permit shall be subject to all applicable conditions of approval from the El Dorado Business Campus (AZ-OI-0 I 8, CUP-Ol-037, PP-O 1-020) and Bonito Subdivision (FP-03-010). 2. The existing lot lines shall be modified through the lot line adjustment process and recorded, providing a legal lot to the applicant in the shape shown on the site plan, prior to issuance of a Certificate of Zoning Compliance (CZC). 3. Two optional site plans are approved with this application. Sheet 1.0 depicts the i ntendecl multi -tenant structure and associated site improvements. Sheet 1 b depi cts the site plan if only the bank is constructed. 4. Add one tree in the planter island of the northernmost row of parking. Add one tree per 35 linear feet along the southern boundary of the projeet. 5. Applicant shall submit for a planned sign program. Signage shall conform to the size and nLlmber depicted on the submitted plans. 6. This conditional use permit shall be subject to the expiration provisions set forth ill MCC 11-17-4.8. 7. 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 wide. Drive-thrulanes shall be constructed as depicted on the submitted site plans. 8. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in complianee with Federal accessibility guidelines. ORDER CONDITIONAL USE PERMIT (CUP-03-053) PAGE 2 OF 7 9. The project shall provide a cross-access stub to the east, as depicted 011 the site plan. 10. Sanitary sewer and water service shall be from main lines cutTently being installed to the property. II. All exterior lighting, whether attached to the building or located within the parking Jot, shall be down-shielded or otherwise altered so that the light does not spillover onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance Il-13-4C. 12. 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 req LI ire separate permi ts. 13. All constt"uction and site improvements shall conform to the requirements of the Americans wi th Disabi liti es Act and the adopted b LI i Id ing and fi re codes. 14. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposalmLlst be designed in accordance with Department ofE nvironmental Quality 1 997 publication Catalog 0 f Storm Water Best Management Practices for Idaho Cities and Counties and City ofMel-idian standards and policies. OfT-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to clevelopment plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 15. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Celiificate of Occupancy may be obtained by provicling surety to the City in the form of a letter of credit or cash in the amount of 11 0% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. e. Adopt the Recommendations of the Meridian Fire Department as follows; I. That a fire-flow consistent with Appendix D of the International Fire Cocle be provided to service the entire project. Fire hydrants shall be placed an average of350' apart. ORDER CONDITIONAL USE PERlVIIT (CUP-03-0S3) PAGE 3 OF 7 2. Operational fire hydrants and temporary or permanent street signs are required before combustib Ie construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Depar-tment. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire Janes shall have an unobstructed width of20'. 7. No Parking wi lj be allowed on the access road to the West D. Adopt the Recommendations of ACHD as follows: ]. Comply with the conditions of approval for MCUPOI-037/MAZOI-OI8 (EI Dorado Business Campus). E. Adopt the Recommendations of Central District Health Department as follows: ]. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stOrtmvater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Nampa & Meridian I1Tigation District as tollows: I. All laterals and wasteways must be protected. The Developer must comply with Idaho Code 31-3805. G. Adopt the action of the City Council taken at their December L6, 2003 meeting as follows: For clarification: I. The applicant submitted two Site Plans both of which are hereby approved, but the applicant shall only be allowed to choose one from the two Site Plans for actual constmction (as addressed in Finding number 12. A. l.above), the two Site ORDER CONDITIONAL USE PERMIT (CUP-03-0S3) PAGE 4 OF 7 Plans the applicant can choose from are as follows: a. For Conditional Use Pell11it for development of a new 2,800 sq. ft. bank with a drive-thru, or b. For Conditional Use Permit for a new 2,800 sq. ft. bank with a drive-thru and a future 1,500 sq. ft. retai I tenant with drive-thru. 2. The site does not match the platted lot lines of Bonito Subdivision and sits on portions of Lots 7 and 8, Block 5. A lot line adjustment shall be required prior to issuance of a Certificate of Zoning Compliance. 3. The above conditions are concluded to be reasonable and the applicant shall meel such requirements as a condition of approval of the application for a cone! itional use perm it. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and ORDER CONDITIONAL USEPER.MIT (CUP-03-0S3) PAGE S OF 7 completion elate for the project. If the completion elate specified for the project is exceeded, the cand i lionaluse app l ieation shall become null and voi d. However, the appl ican t may su bmi t an application for a time extension on the project for city council review. The application for limc 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 successi ve contiguolls segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. Ifthe successive phases are not submitted within one year intervals, the conditional approva I 0 f the future phases shall be nu 11 and vo id. (MCC 11- [ 7- 4.8.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, andmLIst 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 the issuance or denial of the ORDER CONDITIONAL USE PERMIT (CUP-03-053) PAGE 6 OF 7 conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 6f!:::.. day of J2"~~(J- ,2004. Attest: ......... By ~~#I};:. SL City Clerk Dated: /-6-04- \\\\\11111111/11 \\\\ II,;: III ",;\\",,\ of mER/bll/l;, <::"'()~' ~01tq ~1,;/~ , . ~cP l'~o % I ~ . S-~'j{L - ~ 1>.. _ lEI' - \~. ~ ~ :;. ~fl \~/_ ....~ ~ 2 '.~ '<:> -QT 1$1' · '~ -r :4:l! ~ " ,." -'1~ .,('\'1' ~ "'" '\v ~ /1'1 . ,\' 'II/ · \\" IJllUlI nll\\\\ z. \W ork\M\i\i1 cridlan\Mcrid ian 15360M\Kcy l3ank CUP -03-053 'OrllcrCU I' ,doc ORDER CONDITIONAL USE PERMIT (CUP-03-0S3) PAGE70F7 December 31. 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT January 6. 2004 ITEM NO. REQUEST Resolution - Moratorium of Solid Waste Franchises 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: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Resolution 4~A /111 tv'(~ 00' Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of tho City of MeridIan. DEe 1 8 2003 interoffice MEMORANDUM City Of Meridian City Clerk Office To: William G. Berg, Jr. From: Wm, F. Nichols Subject: Resolution/Certificate of Clerk for Moratorium on Solid Waste Franchises Date: December 18, 2003 Will: Please find attached the originals of the Resolution and the Certificate of Clerk, in regards to the above matter. This item is now ready for placement upon a City Council agenda. If you have any questions please advise. Z:\ Work\M\Meridian\Meridian I 5360MIResolutions City HaJl\2003\Berg Momtorium on Solid Waste Fmnchises Memo 12 18 03.doc RESOLUTION NO. 04... Lf11 BY: A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH A MORATORIUM UNTIL JUNE 1, 2004 FOR THE ISSUING OF ANY NEW SOLID WASTE FRANCHISES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to LC. ~ 50- 302] to establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish a moratorium until June 1,2004 on the issuing of any new franchises for the City of Meridian. This moratorium would provide for amendments to the Meridian City Code Ordinance to set out standards applicants for franchises must meet in order to be able to obtain a franchise in the City of Meridian, and to adequately protect the health, safety and welfare of citizens of the City of Meridian. WHEREAS, the moratorium is necessary pursuant to the status quo while regulations are promulgated. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code ~50-301 et seq., the Mayor and City Council hereby adopt a moratorium on the issuing of solid waste franchises until June 1, 2004. A copy of this Resolution shall be held on file in the office of the City Clerk. RESOLUTION FOR MORATORIUM ON SOLID WASTE FRANCHISES FOR THE CITY OF MERIDIAN PAGE 1 OF 2 SECTION 2: Any applications for solid waste franchises received after the date of this Resolution shall be subject to whatever ordinances, resolutions or regulations are adopted by the Meridian City Council dLlring the moratorium. SECTION 3: Any person aggrieved by the moratorium may request, in writing, a public hearing on whether the moratorium should continue, which hearing shall be held within 30 days after such request is received. The bases for terminating the moratorium must be set forth in the request. SECTION 4: The moratorium may be terminated prior to the June 1,2004 date if a resolution is adopted by the City Council. SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and efl~ct immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this of ,T~ :J ,2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of J~t:VL.:J- ,2004. /" -fl- V - clay 6 ~A.. ~~ Mayor Robert D. Corrie \\\\IlIl11llltll \\1\ a BC" '1/ A TTEST: "",,~-{ Of MC~b~lll..o/ ,.::::- :\." ....oitl:> A -1"""'~ ~ (j CP'" ~''-'''l~ ~ :2.:f' 0 ~ J~P~,9>-O ~ City Clerk RESOLUTION FOR MORA TOR,IUM ON SOLID WASTE FRANCHISES FOR THE CITY OF MERIDIAN PAGE 2 OF 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the Cit~lerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 6 - day of V ~tZ/>.;;-, 2004, the following action has been taken and authorized. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH A MORATORIUM UNTIL JUNE 1, 2004 FOR THE ISSUING OF ANY NEW SOLID WASTE FRANCHISES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to LC. ~ 50- 302] to establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests ofthe City of Meridian to establish a moratorium until June 1, 2004 on the issuing of any new franchises for the City of Meridian. This moratorium would provide for amendments to the Meridian City Code Ordinance to set out standards applicants for franchises must meet in order to be able to obtain a franchise in the City of Meridian, and to adequately protect the health, safety and welfare of citizens of the City of Meridian. WHEREAS, the moratorium is necessary pursuant to the status quo while regulations are promulgated. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code ~50-301 et seq., the Mayor and City Council hereby adopt a moratorium on the issuing of solid waste franchises until June 1, 2004. A copy ofthis Resolution shall be held on file in the office of the City Clerk. SECTION 2: Any applications for solid waste franchises received after the date ofthis Resolution shall be subject to whatever ordinances, resolutions or regulations are adopted by the Meridian City Council during the moratorium. CERTIFICATE OF CLERK PAGE 1 OF 2 SECTION 3: Any person aggrieved by the moratorium may request, in writing, a public hearing on whether the moratorium should continue, which hearing shall be held within 30 days after such request is received. The bases for tenninating the moratorium must be set forth in the request. SECTION 4: The moratorium may be terminated prior to the June 1,2004 date if a resolution is adopted by the City Council. SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect innnediately upon passage. STATE OF IDAHO, ) : ss: \\\\1\1111111111/ \\\\ f Mf:' //11 \\\ -' 0 cftif-.,. 'I" ,\ ::\ '\ ~;.i...z ,I" I"~ c} (pwo~h ~1- ~~ 2 ~ ~ % - - William G. Berg, Jr. ~ - County of Ada. ) On this 6~ day of ..J~tl.loI..ltry ,2004, before me, a Notary Public, appeared WILLIAM G. BERG. JR., known or identified to me, to be the City Clerk, respectively, of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. , ",......... ~.....""C:e. L. 8.}4...#. ~.... .:..~ dII...oo;rt/,.)o to", :> y...- .. ~ <:- ! ...."'{" .... A .0. ~ :: ~O J. .RJ.' \. ': : : ~ r . * . ........... . oft :." C::. ~ \ PUB\..\ ; .: ~ .^.. ..0 C $ 0:.. Y'')" tI.. 0 ~ "" ...... or ~ ' ......... ......0 ~ ......... ~~" ''iJ (J \' \\> 'I.... #..1).... ~~\...~,. SEAL) ~ IC for Idaho enc : ff/er"'d/q~ 'ssion Expires: ~<f /.;1()/~7 / / Z:\Work\M\Meridian\Meridian I 5360M\Resolutions City Hall\2003\CERT ofCLK Moratorium on Solid Waste Franichises 12 [7 03.doc CERTIFICATE OF CLERK PAGE 2 OF 2 December 11,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT December 16, 2003 ITEM NO. 4 REQUEST Solid Waste Franchise Moratorium Discussion by Steve Sedlecek with SSC AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATrORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: \f\ffilf L <vtv [,.,.., r t!IV oJ"' v 8v. ~OVl . ~ rf ,rJ-"(r h1 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pUblic meetings shall become property of the City of Meridian. FOLEY, FREEMAN, BORTON & STERN, CHARTEREDC ATTORNEYS AND COUNSELORS AT LAW ;., _.... P.O. BOX 10 ; ::t. 1 1 2003 77 EAST IDAHO HERITAGE BLDG., SUITE 100 MERIDIAN, IDAHO 83680 A1'A~.1':': 0,'1 E CI?'-~.~;::~",~ U}?,Fl;[!E -. ,. v::-' -.i.:::-JS!'D1)Z.{\.~ HOWARD R. FOLEY MARK S. FREEMAN JOSEPH W. BORTON FRANCES R. STERN JUDY L. GEIER TELEPHONE: (208) 888-9111 FACSIMILE: (208) 888-5130 WEB SITE: www.foleyfreeman.com December 11, 2003 RECEIVED DEe t 5 2003 VIA HAND DELIVERY Honorable Robert D. Corrie, Mayor Meridian City Council City of Meridian 33 East Idaho Street Meridian, Idaho 83642 City of Meridian. City Clerk Office Re: Solid Waste Franchise Moratorium Dear Mayor Corrie and Meridian City Council members: I am writing on behalf of my client, Sanitary Service, Inc. ("SSC"), to request that you adopt a resolution at your next council meeting on December 16, 2003, to place a moratorium on the issuance of any new solid waste franchises in the City of Meridian until June 1, 2004. As you are aware, on May 2, 2003, in the case of Plummer vs. City of Fruitland, the Idaho Supreme Court held that under the Court's interpretation of existing statutes, Idaho cities do not have the power to grant exclusive solid waste disposal franchises. The Plummer decision created major problems for a large number of Idaho cities, including the City of Meridian, since they had either adopted ordinances or had entered into contracts which assumed they had the power to grant exclusive solid waste franchises. Although Bill Nichols has been diligently working on an amendment to 4-1-17, with some assistance and input from Steve Sedlecek and me, there is still considerable work which will need to be done to complete the revision of all applicable City solid waste ordinances and regulations and the Franchise Agreement between the City and SSC so that they will be in compliance with the Plummer decision. The prior moratorium on the issuance of new solid waste franchises (Resolution No. 03-404), which was passed by Council and approved by the Mayor on May 27, 2003, expired over two months ago on September 1,2003. For the reasons outlined in this letter, SSC respectfully submits that it is in the City's best interest to immediately pass a new moratorium on the issuance of any new solid waste franchises. Honorable Robert D. Corrie, Mayor Meridian City Council December 11, 2003 Page 2 In addition to the fact that the necessary amendments to the City's solid waste ordinances have not been completed, the Idaho Supreme Court heard oral argument on the City of Fruitland's request that the Court reconsider its previous decision that cities do not have the power to grant exclusive solid waste disposal franchises. In the event that the Court's prior decision is reversed, all of the revisions to the City's solid waste ordinances, regulations, and to SSC's Franchise Agreement would have been made for naught, and SSC's contract rights will be significantly impaired. Although no one can know for sure whether the Court will change its prior holding, the fact that the Court agreed to re-hear the case is sufficient basis to support a decision to issue a moratorium on new solid waste franchises until June 1, 2004. A moratorium in new solid waste franchises until June 1,2004, will provide the City with breathing room until the Plummer decision is issued (the average time for the Supreme Court to issue such a decision is six months). Also, since it is my understanding that there will be a considerable push during the 2004 state legislative session to pass legislation to clarify the right of a city to grant an exclusive solid waste franchise, the moratorium would provide the benefit of extending slightly beyond the end of the next legislative session. For the reasons set forth above, on behalf of SSC, I respectfully request that the Council pass and the Mayor approves a resolution to place a moratorium on the issuance of any new solid waste franchises in the City of Meridian until June 1,2004, at the next council meeting on December 161\ 2003. Thank you in advance for your consideration of this request. Please feel free to individually contact either Steve Sedlecekor me if you have any questions. ~ Mark S. Freeman mfreeman@foleyfreeman.com MSFikt cc: William F. Nichols Meridian City Council Meeting January 6, 2004 Page 3 of 24 Planned Unit Development to allow for office uses along Overland Road and Millennium Way in an L-O zone for proposed SaQe Crest fka Maverick Subdivision by Dirk Marcum and Michael Riggs - south of East Overland Road on the west side of Millennium Way: O. Findings of Fact and Conclusions of Law for Approval: CUP 03-056 Request for a Conditional Use Permit for an indoor soccer center in an existing business park in an I-L zone for Meridian Soccer Center by Meridian Soccer Property - south of East Franklin Road, west of South Locust Grove Road on East Piper Court: P. Findings of Fact and Conclusions of Law for Approval: CUP 03-053 Request for a Conditional Use Permit for development of a 2,800 square foot bank with drive-thru and future retail tenant with drive-thru in a C-C zone for Kev Bank by CSHQA - south of East Overland Road and west of South Eagle Road: Q. Development Agreement: AZ 03-019 Request for annexation and zoning of 16 acres from RUT to R-8 zones for proposed Hiahaate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: R. Resolution No. Franchises: 04-417 Moratorium of Solid Waste S. Water Main Easement for Steve Hill Office I Warehouse: T. Water Main Easement for Christian Familv Matters: U. Purchase Order for Laser Fiche Up-Grade: V. Bear Creek Restroom Proiect Extension: W. Approve Bills: De Weerd: Okay. Item Number 3 is the Consent Agenda. Is there any discussion? Do we have a Resolution number for R? Okay. For the record, Resolution Number 04-417 is the item number for item R. Are there any changes? I would accept a motion. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda with the resolution number being noted as 04-417. Meridian City Council Meeting January 6,2004 Page 4 of 24 Nary: Second. De Weerd: Thank you. Okay. It's been moved and seconded to note the Resolution Number 04-417. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Okay, Now a motion on the Consent Agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as noted, with Item R as 04-417, the resolution. De Weerd: Do you want anyone to sign and attest? Bird: Yes, I do. I want the Mayor to sign and the Clerk to attest. McCandless: Second. De Weerd: Okay. It's been moved and second to approve the Consent Agenda with the Resolution Number noted, with the Mayor to sign and Clerk to attest to all appropriate papers. Mr. Clerk, will you call roll. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES. Item 4. Department Reports: De Weerd: Thank you. Okay. Item Number 4. We know there is no department reports correct? Powell: Ma'am, I think I will pass tonight. De Weerd: What a good idea. Item 5. (Items Moved from Consent Agenda) De Weerd: Okay. Item 5 we did not move any items from the Consent Agenda. Item 6. Ordinance No. AZ. 03-019 Request for annexation and zoning of 16 acres from RUT to R-8 zones for proposed ( December 31 , 2003 MERIDIAN CITY COUNCIL MEETING January 6, 2004 APPLICANT ITEM NO. REQUEST Water Main Easement for Steve Hill Office I Warehouse ~~ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~/ tAl)~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetlngs shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEIVED DEe 1 8 2003 Memo City of Meridian City Clerk Office To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 12/17/2003 Re: Proposed Agenda Items for January 6, 2004 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the January 6, 2004 City Council agenda, on the Consent Agenda, for Council's consideration: V 1) Water Main Easement for Steve Hill OfficelWarehouse. Typical water main easement. Recommended Council Action: Approve the Water Main Easement for Steve Hill OfficeIWarehouse and authorize the Mayor to sign and City Clerk to attest. 2) Water Main Easement for Christian Familv Matters, Typical water main easement Recommended Council Action: Approve the Water Main Easement for Christian Family Matters and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 WATER MAIN EASEMENT TIllS INDENTURE, made this J i~ay of DcU., 20Q,Lbetween Skve.JV ,4, U, .(1 , the parties of the flIst part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; "WITNESSETH: 'WHEREAS, the Grantors desire to proyide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and 'WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXIDBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additiopal conrtection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. --:;" TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE G~TORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTRdoc THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN' WITNESS WHEREOF, the said parties ofthe fIrst part have hereunto subscribed their signatures the day and year fIrst herein above written. GRANTOR: ~k a. J+:JlJ P..resideat (j (,r....111.1.e._J-... Secretary STAlE OF IDAHO ) ) 'ss County of Ada ) On this loth day of ,DeCtOl.t:PII' . 2 niP., before me, 'fr_'f.persigned, a Notmy Public in __ __ _.... ... .~d !SK ~~idJ~ltate, personally appeared. ~f-if\ A. . I.IJJ:l an.d , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instniment, and aclmowledged to me that such corporation executed the same. IN' WITNESS WHEREOF, I have hereunto set my hand and affIxed my official seal the day and year fIst above written. . (SEAL) Water Main Easement EASMT WTR.doc GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approv:ed By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this day of .2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAMG; BERG;. JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR.doc ~VAIIDmGq CIVIL AND STRUCTURAL ENGJNEERJNG Waterline and Meter Easement To the City of Meridian, Idaho Job No. P-75-03 12/1/2003 Land in the SW1/4SE1/4, Section 7, T3N, RiE, B.M., City of Meridian,Ada County, Idaho, being within Lot 13, Block 2, Meridian Business Park, as per the Plat thereof, in Book 70, at Page 7158, County plat records, as follows: The South 15.00 feet of the West 20.00 feet of the East 40.00 feet of said Lot 13. L 2-01-0'3 C;\8clVcr Drivcs\(P) Projcct\HilI, Stcve\Meridian Warchouse\Survcy\75-03 cascmentDOC Treasure Valley Eugineers, Inc. 5680 E Franklin Rd, Suite 220 Nall1pa, Idaho 83687 Offi.ce: (208) 463-0305 Fax: (208) 463-4391 W"\'I'"\V. Treasure ValleyEngineer.com " :::.:: 0:: '" Q., tIJ ~~ . ---b.".L tIJ "' :i - [) ffi-~-~.~~ --- a z "'- . .....:1< P=liS ii2: LtJ .:::lE w IJl 1;1 III .. J:ll " 113 -..... ~O:S:p!O~L 3_.SS.a-OLLl::L~ --.' ~ 15 ....: ..... Lu ........0 -J til.C') (5 It) '" ~ II U) ",--..c: u .S '" '" It) "I ~~ '"'l"'3 ~ rg~~ a:~ ~ ~ :~~~i ~ ~S!~~~~ i ~~~iiI ; ~~~tiii ~ ~; ~i i ill) El~ ~ ~ = T IV lIe .~ I~ ~ ~ 15~ c:::. ~il. f~ ~ :::S >: .>>=l=:= b l:Cl "" c.!:l lQ ~ ~ g::]P:::; ~ ~ II E-I ~~ 1:. ::z; ."z ~~ . o ~ ~ ~ >:t;-=! <n tJ) r:. Ei3 13 _ = l'; OJ ~~P:::;l'- ~ Is=: 00 ~. ~ ~ D~;:::&It.:> Q _I o r:c..la:::I <.!>~ =:= 0 00 >: !;';lQ """ ~ >>=l 1iC....-l ~ P:::; ?-r~~~ ~ .....J~= 5....-l ~ ~;::! ~~ ....-l t.,;I _ tr.l Q. ~ ~ ~ O. IJi 0 ~ -< ....-l :': ....-l E ~ E-< cr.l December 31 , 2003 MERIDIAN CITY COUNCil MEETING APPLICANT REQUEST Approve Bills January 6, 2004 ITEM NO. i..W' AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETIlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: vJ CVr~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented ot public meetings shall become property of the City of MeridIan. ( Sageland Traffic Calming Coordhiadon October 28, 2003 - Meridian City Council approves Sageland Preliminary Plat with a condition of Traffic Calming in center intersection area. November 6, 2003 - Initial traffic design prepared and submitted to City. " November 12, 2003 - Staff meeting with developer and Planning Dept November 14,2003 - Two more design alternatives are prepared and submitted to ACHD and Meridian Fire Dept. and Planning Dept. November 24, 2003 - A fourth alternative is prepared for Fire Dept and ACHD and planning Dept. December 5,2003 - A traffic calming design meeting is held with ACHD. December 8, 2003 - A fifth alternative is prepared and presented to ACHD and Meridian Fire Dept. and Planning Dept. December 9, 2003 - ACHD sends a letter to the City and developer indicating "the traffic calming device that you have proposed should function adequately". December 15, 2003 - Staff meeting is attended by developer and Planning Dept., ACHD and Meridian Fire Dept. December 16, 2003 - Sixth traffic calming alternative is prepared and submitted to City, Option 6 - 10' Center Island Alternative This alternative meets ACHD and Meridian Fire Dept. requirements. Creates a center island but also creates an expanse of asphalt and damages three lots in the center of the community Option 5 - Side Island Bulb Out Alternative This alternative meets ACHD and Meridian Fire Dept. requirements. Creates a narrow road section but does not have a center island. Both Options 5 and 6 are traffic calming designs that meet Meridian Fire and ACHD reauirements. 12i~9/2~S3 16:14 208-387-6393 ACHD PLANNING PAGE 01/02 ....,~_.... ..A't-r 'lI'k,- Ada County Highway District Sherry R. Hub9r, Pre!;lldenl Susan $, Eestlaka. 1151; Vice Presidel1t Dave Bivens, 2nd Vice President Dav!d E. Wynkoop, COl'1'lrrllssloner }Olm s. Frandan, Commissioner - 318 East 37th Street Garden CltylP 83714-6499 Phone (208)387-8100 FAX {208~ 387-6391 E.mail: tellus@ACHO.ada.ld.us December 9, 2003 To: Quasar Development 3090 Gentry Way Meridian. Idaho 83642 SUbject: Sageland Subdivision Traffic CalmIng Device It is my understanding that th~ Meridian City Council has r$quired the addition of B traffic calming device on West Sagemoor Drive to deter potential cut through traffic betlNeen Victory Road and Locust Grove Road. Due to the fact that the traffic calming device Is a condition of approw~l of the . City of Meridian, you should receive the City's rElvjaw and approval In regard to the proposed traffic calming device. AJthough the City's review and approval is still needed, the District has reviewed the desiQn that you have submitted to ACHD and has determined that the traffic ealmlno device that YOU have ompo$~d should function adeQuately... The proposed traffic calminGl device consists of bulb outs on the northeast. southeast and the southwest corners of Sagemoor Drive and Sagemoor Lane. The b\.llb. outs are proposed to create chokers and provide a street section of approximately 21-feet If you can successfully convey storm water drainage on the roadways, the District would support the traffic calmln[ d@vlce that YOLJl'~'!~'pr2posE;!'g. . CC; Planning 8.. Development project file City of Meridian Construction Services Drainage Utilities ",,"0' 'Ill1' 16,M va to' r' ,oot ...., -.::c ct' LU .... oct -J \ \ \ ~. c__1 ~ t.u ....4 - ~ ~ 4- ...J (/) - em \- m u \ to Z o - \-" 0- o /@ I \ \ uni~ed 011~~ertdianldano @ 8 4- ........ @ @ o ~tt <~ M\. :a '0 \:::;I 8 ;.a.~ ~il '(;,."'" 00 ~c;. ~ e i~ ~~w ... ~d\ @ 4'.. ~ o...~ S\b ~ct \t~ @ @ e e \ ~ U \ \J :;;:: cg- ~\ ~\ t:i 9\ !\ -a \ 3 i ..a, E.1 o- Il g v c. o~ a..~ Q (!) U) z ~~ '5 ~f w ~o ~~ U)~ to- <3 C0 0 0 N - (1) - N . ~ :r. ~ '- Q) ~ r- (/) ::> e t\1 0 0 ~ u.l - => u..' - CO 0 0 ~uJO 0 ~ :c ui ~ ~- ....J 4:0) (/) u..r--: - -.:t uJ 0 - (/) , L.(') Z W~O 0 -1(<) - <( u t- o.. O~ 0 @ C/)T- ~ yQ ...J"-..... ~ '"1"'" \J - - ~ c \ .- '" 0) a 31 z Q '5 tJ\i a. 2l. c~ o t o ~t() v i :z. _2 \\")11 <( :iE 0 .J,.Jii / -J <t t: .- i w 00 o i / ~Q 3 ~ \ <(\t e (J) ~ 4 i r- c~ "'""'~ o. J) .- 0 'V December 31 , 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Harris Homes, LLC AZ 03-019 January 6, 2004 ITEM NO. liI REQUEST Ordinance - Request for annexation and zoning of 16 acres from RUT to R..a zones for proposed Highgate Subdivision - 2700 North 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: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached Ordinance 0~ o ~/ I 0 -r)>vd /J (J/{trt)v OTHER: _ Contacted)1 ,~ ! " Emailed: ' Date: !~' 'Z5~ Phone: s.7l- dZl1,2.J Staff Initials: Materlals pr~.nted at pUblic meetings sholl become property of the City of Meridian. /' V" . ( , \ tL5'l C WHITE PETERSON KEviN E. DINIUS JULIE KLEIN FISCHER WM. F. GIG RAY, Jll T. GUY HALL.AM' JILL HOLINKA D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOlS' CHRISTOPHER S. Nn: WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. PHILIP A. PETERSON ^, LA NAMPA OFFICE ERlCAS. PHILLIPS .n..TIORNEYS AT W 5700 E. FRANKLIN RD., ERIC S. ROSSMAN SUITE 200 TODD A. ROSSMAN TERRENCE R. WHITEn NAMPA, IDAHO 83687-8402 NICHOLAS L. WOLLEN TEL. (208) 466-9272 FAX (208) 466-4405 'Also admitted in OR .. Also admitted in WA October 20,2003 DC r 2 9 2003 C:jtv Of' nl 'd' r,.' . lY en lar elt)' Cleric Office" William G. Berg, Jr., City Clerk MERlDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: HARRIS HOMES, LLC / ANNEXATION AND ZONING FINDINGS I AZ DEVELOPMENT AGREEMENT / AZ ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / Az....03~019 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING prepared as per instructions from the Council meeting of Octo ber 14, 2003, and which are on an upcoming Council agenda. I have also attached the original of the Development Agreement for the owner/developer signatures, After the Council meeting, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B", After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners/developer for signatures. Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findin2s 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 annexation and zoning ordinance is presented to Council for approval. If you have auy questions arise, PIC. a. se.. advise.~, if ~ .~~ ~ Wm. F. Nichols Z:\Work\M\Meridian\Meridian 15360M\Highgate Sub. AZ-03.o19 PP.o3-023 CUP-03-039\FFCL DEV AGMT ORD Clerk Ltr 1020 03,do;) ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 01/16/04 09:38 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT .00 6 111111111I11111111I111111111111111111 104005296 CITY OF MERIDIAN ORDINANCE NO. ~ tJ4--(il62--- AN ORDINANCE FINDING THAT, EAGLE SPRINGS INVESTMENTS, LLC, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF MERIDIAN ROAD, APPROXIMATELY Ys MILE SOUTH OF USTICK ROAD, MERIDIAN, IDAHO, TO BE KNOWN AS HIGHGA TE SUBDIVISION AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAVE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8), AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacentto the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owners of said Property, to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-03-019) PAGE 1 OF 5 ANNEXATION DESCRIPTION FOR PROPOSED HIGHGATE SUBDIVISION A parcel ofland located in Government Lots 4 and 5 of Section 6, T.3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the northwest comer of said Section 6, from which the ~ comer common to Section 1 ofT.3N., R.1 W., and the said Section 6 bears South 00017' 16" West, 2658.29 feet; thence South 00017' 16" West, 1329.19 feet to the southwest comer of said Government Lot 4 and the REAL POINT OF BEGINNING; Thence along the South line of said Lot 4 North 89043 '38" East, 411.39 feet to a point in the remnants of an old farm ditch; thence along said ditch North 1013'23" West, 307.00 feet to a point in the center of the Onweiler Lateral (formerly described as the Ridenbaugh Canal); thence along the center of said canal the following courses and distances; South 68019'06" East, 48.68 feet; South 85039'01" East, 72.50 feet; North 88007'00" East, 67.45 feet; North 80027'34" East, 80.49 feet; North 63005'39" East, 54.14 feet; North 44005' 12" East, 70.58 feet; North 32055'12" East, 131.51 feet; North 44042' 12" East, 53.40 feet; North 51002' 12" East, 216.80 feet; ANNEXATION AND ZONING ORDINANCE (AZ-03-01 9) PAGE 2 OF 5 North 83013' DO" East, 50.92 feet to a point on the East line of said Lot 4 and the West line of Bedford Place Subdivision, as same is recorded in Book 70 of Plats at Page 7162, records of Ada County, Idaho; thence along said line South 00019'02" West, 661.67 feet to the southwest corner of said Bedford Place Subdivision; thence along the South line of said Government Lot 4 South 89043'38" West, 39.70 feet to a point in the center of a drain ditch; thence along said ditch South 35030' 12" West, 258.83 feet; thence South 53044'51" West, 493.59 feet; thence departing said ditch South 89043'38" West, 505.50 feet to a point on the centerline of Meridian Road, being also a point on the West line of afore said Government lot 5; thence along said centerline and said West line North 00017' 16" East, 500.00 feet to the Point of Beginning. Containing 16.00 acres, more or less. SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and ..fA- .- Zoo 4- the owner of the land described in Section 1 dated the 6 - day of .Jall.UWl.-j ,-lBtB; and that ANNEXATION AND ZONlNG ORDINANCE (AZ-03-019) PAGE 3 OF 5 the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State ofIdaho, all in compliance with Idaho Code S63-2215 and S50-223. ANNEXATION AND ZONING ORDINANCE (AZ-03-019) PAGE 4 OF 5 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ..;;aJ1-~3 ' 26632oo4-~ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this UCi/tl-(..'U:vt-;) , 26632oo~ 6-t!: day of G~ day of iIik~ ATTEST: di~ft /j4j--( ~ CITY CLERK II First Reading: / - 6 - 04- Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902 Yes: Y No: Second Reading: ..-- Third Reading: STATE OF IDAHO,) : ss. County of Ada ) II... I 2CJo4- On this b - day of V'tl1.l.(,.4r 0/ ' %fB, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 1'" 'n...... I'"~ 1:: L "<< ~....tO-A\C~ . $A~~#'# ,:; r;-'"'. ..... '~';'A ~tI! .. "-'" '0 -r~ <:. i o.? ~ (SEAL):: ~OTA~.r '\ '; a * i -._ : * :: S ING AT: Mfrll/4lf '! \. -PlJ ~c · E MY COMMISSION EXPIRES: ocrj;U;/IJ7 ~(/l:' BL~ ~ ~ ~=J? ~.. ~ Z:\ Work\M\Merhlltpllf~dUw. t$t"te Sub. AZ-03-O 19 PP-Q3-Q23 CUP-03-039\AZOrd.doc .,....4<4li OF \'0 ~"".." ...tu....u'". ANNEXATION AND ZONING ORDINANCE (AZ-03-0 19) PAGE 5 OF 5 " t') Co - b ~ m N N N N b Co \:J_ T""" ZN I~ g/\ z 0 0 0 C') C') T""" T""" T""" T""" 0 C') 0:::: m m ;:... ;:... i:O i:O i:o N C\I (.') (.') .> UJ <( ~N 0- T""" O~~ iii T""" C') 0 C\I 0 0 l.O V 0 T""" V 0:::: 0 0 0 0 0 0 0 0 0 0 0 zO CO l.O CO 0 C') ..,. C\I V T""" C') (>> Z 0:::: li"O ----l 3 ~ - ra (0 CO CO CO (0 ..,. 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Ol->'c ~ 61) ~c9. 0->,[' 0'\ Q)> I-- I <'j ~ ~~ .9) '>..t: ~. ~ \~~ 31\ ~ 5 OeD ;.Pus C') f-- .....J N ~ ~ ...J ~ ~ N01013'23"W tl3 ~V~ 307.0Q' ~ ! - ~j UJ Co co en 16 II) ~]im t~ lri C') 0 ~ 0 LO tl" ..... en ~mL T""" co (j) '<t if) co j) Z - ,6~'6l€~ Otl NV'la~3~ N ,00'009 (0 IJ M,,9~,L~oOOS ./ 'l3,,~0)N ~ [~ z r ::!; Oz 0::: 0:::: <'! z 1-2 ~ W 0 Q ~~ (/) z L-- z tI z (f) Ow <{ :> ll..(O (00 0 0 ~Q:'; (/) t. - ...... C>~~~~~~~~~~S: ~ l...t) C,) .,..z ~I~ o ...., Cf) ::..: co ~ 0:: o ~ - 8 (t) g ~ - ~ ~ iti 1il o CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. &Y04-! () G 2- , passed by the City Council of the City of Meridian, on the G-t5. day of Jahl4..evL:J ,200'3 is a true and correct copy of the original of said document which is in the care, custody and2~tol of the City CI 1 f h C. fM 'd' \\\1111111/1/1/ ere 0 t e lty 0 en Ian. ........,\\\\\O'f MER, 1I11111 ~ ..i-{ JDL I... ....~ ~... '-1A.-/... ~ () o~POR..41; . v -:;. .::: ~G ('''' -;. ~ ~ v ~ ~ ~ - - - - - - STATE OF IDAHO, ) : ss. County of Ada, ) 2~~ if- On this (p-l-It. day of Jtt.....lUtr~ ' in the year~, before me, ~IlVl..~ c.~ l-. SMrJ.k.. , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) .~~"II""'111 .-:-~~~. ~\CE l. ,s'#I#",~ -:. '\~ ........."0 ~ ;;>.. ::'.- ".. ;,I'~-:. l;: 0- .oQrr~~ ~.L I l'lOT<1L ~.p ~~ :~. ~{J ~ ~ : : ...... ~ ~ : \,p .t);; \~ lJSL1C I i ""'~J>}.....--10 ~l -~f; OF 11).... fit.....' f................, ublic for Idaho ission Expires: Olf Izo J 117 I I Z:\Work\M\Meridian\Meridian 15360M'Highgate Sub. AZ-03-019 PP-03-023 CUP-03-039\CertificationOtclerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-03-019 PAGE 1 OF 1 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A. KEvIN E. DINIus JULIE KLEIN FISCHER WM. F. GIGRA Y, In T. GUY HALLAM' JILL HOLINKA JILL HOLINKA D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS' CHRISTOPHER S. NYE PHILIP A. PIITEJlSON ERICA S. PHILLIPS ERIC S. ROSSMAN TODD A. ROSSMAN TERRENCE R. WHITE" NICHOLAS L. WOLLEN ATTORNEYS AT LAw NAMP A OFFICE 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83653-8402 TEL. (208) 466-9272 FAX (208) 466-4405 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83653-8402 TEL (208) 466.9272 FAX (208) 466-4405 PLEASE REPLY TO NAMP A OFFICE · Also admitted in OR .. Also admitted in W A October 20, 2003 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. ~/t?6Z;(EAGLE SPRINGS INVESTMENTS, LLC) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for Eagle Springs Investments, LLC, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions ofIdaho Code ~ 50-901(A). Enclosure Z:\Work\M\Meridian\Meridian I 5360MIHighgate Sub. AZ-03-019 PP-03-023 CUP-03-039\Berg Sum Ord Ltr 10 20 03.doc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ SO-901(A) CITY OF MERIDIAN ORDINANCE NO. 93.. tl4--jP62 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by Eagle Springs Investments, LLC, to be known as Highgate Subdivision, consisting of 16.00 acres and commonly located on the east side of Meridian Road, approximately 'l4 mile south of Us tick Road, Meridian, Idaho, with a zoning designation ofR-8 Medium Density Residential; and providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description A parcel of land located in Government Lots 4 and 5 of Section 6, T.3N., R.IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the northwest comer of said Section 6, from which the 'l4 comer common to Section 1 of T.3N., R.1 W., and the said Section 6 bears South 00017' 16" West, 2658.29 feet; thence South 00017' 16" West, 1329.19 feet to the southwest comer of said Government Lot 4 and the REAL POINT OF BEGINNING; Thence along the South line of said Lot 4 North 89043 '38" East, 411.39 feet to a point in the remnants of an old farm ditch; thence along said ditch North 1013' 23 " West, 307.00 feet to a point in the center ofthe Onwei1er Lateral (formerly described as the Ridenbaugh Canal); thence along the center of said canal the following courses and distances; South 68019'06" East, 48.68 feet; South 85039'01" East, 72.50 feet; North 88007'00" East, 67.45 feet; North 80027'34" East, 80.49 feet; North 63005'39" East, 54.14 feet; North 44005'12" East, 70.58 feet; North 32055' 12" East, 131.51 feet; North 44042' 12" East, 53.40 feet; North 51002' 12" East, 216.80 feet; North 83013'00" East, 50.92 feet to a point on the East line of said Lot 4 and the West line of Bedford Place Subdivision, as same is recorded in Book 70 of Plats at Page 7162, records of Ada County, Idaho; thence along said line South 00019'02" West, 661.67 feet to the southwest comer of said Bedford Place Subdivision; thence along the South line of said Government Lot 4 South 89043 '38" West, 39.70 feet to a point in the center of a drain ditch; thence along said ditch South 35030' 12" West, 258.83 feet; thence South 53044'51" West, 493.59 feet; AZ-03-0 19 thence departing said ditch South 89043'38" West, 505.50 feet to a point on the centerline of Meridian Road, being also a point on the West line of afore said Goverrunent lot 5; thence along said centerline and said West line North 00017'16" East, 500.00 feet to the Point of Beginning. Containing 16.00 acres, more or less. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the 61!:: day of J ~art.;;- ;2'(Jt)j2oo4- ,,\\\11I111/I/fJI1 \" C Mt::'.r.. III "",,\-{ 0' .....rfID/. 11/,,-/ !' c):- o?poR4)'; ~4- ~ ~ ~G (.'0 ~ .::.:$'~ ~ - - - - ::- :: AL f'J Mayor and City Council -;. "7c"Q. ....Cbo 0 2 By: William G. Berg, Jr., City Clerk ~"o <:t'T1S\' i1.f P. R d' / /:. ~ /L -:..... ';f ~ -\:-' lrst ea mg: (-t:? ~ v , <';.1 Crt, I' 1',~f ".... Adopted after first reading by suspension ofth'&.R~J~~a~~.ai18\'Ved pursuant to Idaho Code 50-902: YES )<: NO Second Reading: -- Third Reading: City of Meridian Z:\Work\M\Meridian\Meridian ] 5360M\Highgate Sub. AZ-03-019 PP-03-023 CUP-03n039\SUMANNEXZONGORD.doc AZ-03-019 December 31. 2003 MERIDIAN CITY COUNCIL MEETING JanuolY 6, 2004 APPLICANT ITEM NO. 14 REQUEST Swear in New City Covncil Member Seat # 1 - Shoun Wardle AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDlAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs snelll become property of the City of Meridian. December 31. 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT January 6. 2004 \ti ITEM NO. REQUEST Swear in New City Council Member Seat # 1 - Charles M. Rovntree 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. December 31, 2003 MERIDIAN CITY COUNCIL MEETING January 6, 2004 APPLICANT ITEM NO. I..lJI REQUEST Swear in New Mayor - Tammy de Weerd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ Contacted: Emoiled: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. December 31, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Presentations January 6, 2004 ITEM NO. " AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DE?T: CITY WATER DE?T: CITY SEWER DEPT: CITY PARKS DE?T: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffilERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OfFICE: OTHER: rrv- Contacted: Emailed: Date: Staff Initiols: Phone: Materials presented at public meeHngs shall become property of the City of Meridian. December 31,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT January 6, 2004 ITEM NO. It REQUEST Election of Officers AGENCY COMMENTS CITY CLERK; CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: r{ t1~~ ~ VA) , \. ~'1 ,<Y / ro .~ F n IrJ-K ./ {lRP ~ < 11Y. - t f2 _~,.rJ - f rebl 'jI{)J Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ~\toJ..') ~07t ~(VVtl\0 f\)otl~"'~~G\J\tg) \ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 6, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of October 28, 2003 Pre-Council Meeting: 8. Approve minutes of November 12, 2003 Pre-Council Meeting: C. Approve minutes of November 18, 2003 City Council Regular Meeting: D. Approve minutes of November 18,2003 Pre-Council Meeting: E. Approve minutes of November 25, 2003 City Council Regular Meeting: F. Approve minutes of November 25,2003 Pre-Council Meeting: G. Approve minutes of December 9, 2003 City Council Regular Meeting: H. Approve minutes of December 9, 2003 City Council Special Meeting: I. Approve minutes of December 16, 2003 City Counc11 Regular Meeting: J. Approve minutes of December 16, 2003 Pre-Council Meeting: K. Findings of Fact and Conclusions of Law for Denial: CPA 03~003 Request for amendment to the text of the Comprehensive Plan to Meridian City Council Agenda - January 6, 2004 Page I or 4 AlIlllaterials presented at public meetings shall bccomc propcrly of thc City of Meridian Anyonc desiring accommodation for disabilities rclated to documents andlDr hearing plcasc contact the City Clcrk's omcc at 888.4433 at least 48 hours prior to the public meeting. allow new residential uses within the mixed use WWTP zoning designation for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: L. Findings of Fact and Conclusions of Law for Approval: VAC 03-006 Request fora Vacation of utility, drainage, and irrigation easement on the south 10 feet of Lot 2, Block 6 of Turtle Creek Subdivision No.1 by Tully Cove, LLC - west of North Linder Road and south of West Ustick Road: M. Findings of Fact and Conclusions of Law for Approval: PP 03- 030 Request for Preliminary Plat approval of 48 residential lots, 21 office lots, and 7 other lots on 14.58 acres in an L-O zone for proposed Sage Crest fka Maverick Subdivision by Dirk Marcum and Michael Riggs - south of East Overland Road on the west side of Millennium Way: N. Findings of Fact and Conclusions of Law for Approval: CUP 03-045 Request for a Conditional Use Permit to modify existing Planned Unit Development to allow for office uses along Overland Road and Millennium Way in an L-O zone for proposed Sage Crest fka Maverick Subdivision by Dirk Marcum and Michael Riggs - south of East Overland Road on the west side of Millennium Way: O. Findings of Fact and Conclusions of Law for Approval: CUP 03-056 Request tor a Conditional Use Permit for an indoor soccer center in an existing business park in an I-L zone tor Meridian Soccer Center by Meridian Soccer Property - south of East Franklin Road, west of South Locust Grove Road on East Piper Court: P. Findings of Fact and Conclusions of Law for Approval: CUP 03-053 Request for a Conditional Use Permit for development of a 2,800 square foot bank with drive-thru and future retail tenant with drive-thru in a C-C zone for Key Bank by CSHQA - south of East Overland Road and west of South Eagle Road: Q. Development Agreement: AZ 03-019 Request for annexation and zoning of 16 acres from RUT to R-8 zones for proposed Highgate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: R. Resolution No. Waste Franchises: Moratorium of Solid S. Water Main Easement for Steve Hill Office I Warehouse: Meridl~n ellY Council Agenda - .I~nu~ry 6, 2004 P~ge 2 of 4 AlImalerials prcscntcd al publiC mcetings shall becomc propcrty of llle City or MeridiUIl, Anyone desiring accomnll1datlon 1'01' disabilities related to doclImcnts and/or hearing plcase conWCllhc City Clerk's Onlcc at 888-4433 allcasl48 hours prior to the public meetlllg, T. Water Main Easement for Christian Family Matters: U. Purchase Order for Laser Fiche Up-Grade: V. Bear Creek Restroom Project Extension: W. Approve Bills: 4. Department Reports: 5. (Items Moved from Consent Agenda) 6. Ordinance No. AZ 03-019 Request for annexation and zoning of 16 acres from RUT to R-8 zones for proposed Hiqhqate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: 7. Tabled from December 16,2003: Findings of Fact and Conclusions of Law for Approval: AZ 03-015 Request for annexation and zoning of 9.8 acres from RUT to R-8 zones for proposed Saqeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: 8. Tabled from December 16, 2003: Findings of Fact and Conclusions of Law for Approval: PP 03-020 Request for revised Preliminary Plat approval of 41 building lots and 9 other lots on 10.64 acres in a proposed R-8 zone for proposed Saqeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: 9. Tabled from December 16, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Saqeland Planned Development by Quasar Development- northeast corner of South Locust Grove Road and East Victory Road: 10. Continued Public Hearing from December 9, 2003: AZ 03-023 Request for annexation and zoning of 11 acres from RUT to R-8 zones for proposed Soda Sprinqs Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: 11. Continued Public Hearing from December 9, 2003: PP 03-027 Request for Preliminal)' Plat approval of 59 building lots and 8 other lots on 11 acres in a proposed R-8 zone for proposed Soda Sprinqs Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: Meridian City Council Agenda - Junuary 6, 2004 I'uge 3 of 4 AIIIllutcr131s presel11cd ul public meetings shull become propcrly of the City of Ivlcridlun. Anyone desiring accommodation Cor disabilitics related to documents and/or hearing pleasc contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public 111cctmg 12. Continued Public Hearing from December 9, 2003: CUP 03-043 Request for a Conditional Use Permit for a Planned 0 evelopment for a mix of single-family detached residential lot sizes and amenities for proposed Soda Sprinqs Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: 13. Continued Public Hearing from December 16, 2003: CUP 02-004 Request for Revocation of a Conditional Use Permit granted by the City of Meridian for John Nesmith for Meridian Automotive - 505 North Main Street: 14. Swear in New City Council Member Seat # 1 - Shaun Wardle: 15. Swear in New City Council Member Seat # 3 - Charles M. Rountree: 16. Swear in New Mayor - Tammy de Weerd: 17. Presentations: 18. Election of Officers: Meridian Cily Council Agenda.c January 6. 2004 Page 4 of 4 Alllllatenals presented at public l1KCllngs shall become prupeny orthe CilY oJ",v!tndi,1Il Anyone desiring accolllmodalion Il)r disabilities related to docull1enls and/or hearing plense eOlllact the Clly Clerk's Oniee at 888-4433 at least 48 Iwurs pril'r 10 the public 111celll1g ** TX CONFIRMATION REPORT ** AS OF JAN 08 '1214 1121:25 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:1 STATUS 02 1211/08 09:22 381121160 EC--S 1212' 13" 804 12181 OK 83 1211/08 89:25 PUBLIC WORKS EC--S 1211'18" 004 12181 OK 04 81/08 09:27 12084664485 EC--S 1211' 19" 004 081 OK 1215 01/08 89:29 8841159 EC--S 01'28" 1211214 12181 OK 86 01/08 1219:31 21218884121744 EC--S 1211'18" 01214 12181 OK 1217 01/1218 09:32 POLICE DEPT EC--S 81' 19" 804 12181 OK 08 01/08 89:34 8985501 EC--S 1211' 18" 004 081 OK 89 81/08 89:36 LIBRARY EC--S 01'44" 01214 12181 OK 18 01/08 09:38 92083776449 EC--S 06' 23" 01214 081 OK 11 81/08 09:45 21218 388 6924 EC--S 1211'42" 01214 12181 OK 12 01/08 89:47 212188886854 EC--S 1211'18" 12104 12181 OK 13 1211/1218 09:49 208 895 0398 EC--S 01'18" 004 081 OK 14 1211/1218 09:51 21218 387 6393 EC--S 1211' 19" 804 081 OK 15 1211/08 89:53 ADA CTY DEVELMT G3--S 1212'1214" 002 081 INC 16 01/08 89:56 8885852 EC--S 01' 18" 004 081 OK 17 81/08 09:58 CHERRY LANE EC--S 01'44" 004 081 OK 18 1211/08 1121:00 POST OFFICE EC--S 132'13" 004 12181 OK 19 1211/1218 1121:03 IDAHO ATHLETIC C EC--S 1211' 18" 01214 081 OK 20 01/1218 1121:05 ID PRESS TRIBUNE EC--S 06' 30" 004 081 OK 21 01/08 10:12 2888886701 EC--S 81 ' 17" 12104 081 OK 22 81/88 10:17 ADA CTY DEVELMT G3--S 01'14" 002 081 OK 23 01/08 10:25 CHAMBER-COMMERCE ----S 00'00" 000 081 BUSY THIS DOCUMENT IS STILL IN MEMORY ------------~---------------------------------------------------------------------------~--- Revised 1/6/04 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 6, 2004 at 7:00 p.m. City Council Chambers 1. RolI~call Attendance: ~ Tammy de Weerd )( Bill Nary =::x.= Cherie McCandless :=-X Keith Bird )( Mayor Robert Corrie , Adoption of the Agenda: 3. Consent Agenda: 2. apJ9Y''pVL A. Approve minutes of October 28, 2003 Pre-Council Meeting: 0/;> rz"V--C- Approve minutes of November 12. 7nn~ PrQ_f".........^:l u__~:__. _u_ B. LICENSE I PERMIT APPLICATION -INTERNAL APPROVAL CHECKLIST For Internal ~ Office Use Only: PClwV\b({jlLL{'~ L/lLYl5R./ , f16~cL tElt1VVlir.L) .. , Business Name HI] h 3o,u d. lGl5h I PiLW V\ . Location: :205:3~. ,r~ll..cW .AvL =I=i IDLI Application I File Fee: n 3 ~ r:!!- Receipt No. ;JUS Y License I Permit Applicant Police Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: Signature Date Plannin!.l & Zonin!.l Department: Date P & Z Administrator Approva . Public Works Department: Public Works Director Approval: Signature Date PLEASE RETURN THIS SHEET ONLY WITH THE APPROPRIATE SIGNATURE. THANK YOU. RECEIVED jAN 20 2004 Page 1 of 1 C{t" of Meridian ChY Clerk Office LICENSE I PERMIT APPLICATION -INTERNAL APPROVAL CHECKLIST For internal - Office Use Only: Pa.,u)(\Dro!:'-uS Uu...r15R" flo ~(L CO 14 WI i (.l) Business Name !i'j_h_ <-Sp,U d cosh I PcwJ "'_, Location: ;20:5:3 t:.. .r C\..(AJ)(,(Jv0 AvL :# lOLl !t ? U 6{) , Application I File Fee: 0 ( -- Receipt No. :I&.3 Gf License I Permit: Applicant Police Department: Police Chief Approval: Signature Date Fire Department: '~~ -~ ~~fi<2- Signature I-/s~cj . Date . Fire Chief Approval: Planninq & Zoninq Department: P & Z Administrator Approval: Signature Date Public Works Department: Public Works Director Approval: Signature Date PLEASE RETURN THIS SHEET ONLY WITH THE APPROPRJATE SIGNATURE. THANK YOU. Page 1 of 1 For Office Use Only: Application for: 'VClvJY\ VoY\)\Lvrs. l~CtNl ~ Applicant: FLol~d H>LcL~l-(t-s 0.0,8.: 1- I Cj - L( 0 u S.S.N.: S \ ~~D-\L\ 'Lq Ht: Wt: Eyes: Hair: f)LN: l.J~ L-"6U1. 0 ~ 1- Amount Paid $ '6l\ \ c;!:... Receipt # 'Z103t.J- Date \O-lleu<~ Police Department: V Fingerprints Background check Signature Disapprove Date ! /t '3 / '2od-J / ' Mayor ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208l 887 -2211 Council Memhw CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 . Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT (208) 884-5533 IF A PARTNERSHIP OR CORPORATION, GIVE THE FOllOWING INFORMATION ABOUT EACH PARTNER OR PRINCIPAL STOCKHOLDER: NAME FL oyd 'B. La m//l.R S *~ r.,I ;V 8t:1 ydJ l../ .LN ADDRESS I!3D,st', 7:1;) 1f 310' E:c!wo ~c:t "7.S La W1, /t.-'S NAME -4e Ci() #. (!() V..", Nl" a (!:r ADDRESS (k),sp 1:&.0 837~'1 OFFICIAL CAPACITY #?ti'fft:l9bt.,./ DOB ?....11..'/<;) SS# S/tf- '/0 -1'-/..19 OFFICIAL CAPACITY &; - OIAJ NQ.-v" DOB /4'J-/1- ef7 SS# 5/9-54 -S-ol,L-S- 1. Have you, or any officer, director, stockholder or partner, within the past 5 years, been convicted, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgement, suffered the forfeiture of a bond for failure to appear or completed any sentence of confinement for any felony or non-traffic misdemeanor? If yes, give details. Yes No V DETAILS: 2. Have you, a partner, or any officer, director, or stockholder had a Pawnbroker license or similar license revoked by this City or any other city of this State or the United States within the past 5 years? If yes, give details. Yes No V' DETAILS: NAME AND ADDRESS OF ALL EMPLOYEES OF BUSINESS: NAME h~'1cL 8L4mJres NAME A:a ~~Af'e l1 Uh1? l,e tP S NAME .;},4tlte BU::IP1I/f-Ps NAME ADDRESS t:,tD't,t tV /3~fJ(,f L~ 4e.. R37iJ3 ADDRESS "/-()&tf N' e1~~ t.N: 6r-e 5-g7()3 ADDRESS/5/9~ Loiteshore,t)/l ,(1t1Ui/w.e/l K.37fJ7 ADDRESS Have any of the above listed employees, within the past 5 years, been convicted, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgel1)ent, suffered the forfeiture of a bond for failure to appear or completed any sentence of confinement for any felony or non-traffic misdemeanor? If yes, give details. Yes No v DETAilS: Do you hereby authorize the City of Meridian, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in your application and qualifications? -'1. e ~ IfINE HEREBY AFFIRM THAT THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I/WE further affirm that said statements therein are for the purpose of securing a Pawnbrokers license within the corporate limits of Meridian City; that If\NE have read the entire application; know the contents thereof; affirm that the facts stated above and hereafter are true; and are familiar with the Ordinance of Meridian City relative to Pawnbrokers. _ ~'w Applicant (s) Signature (s) County of Ada STATE OF IDAHO } } ss } On this /0 t.? / j 1-118 '---. day of _jC4'- ,~,~me _ Jfr7tt/#JH/iJ'/.; , a Notary Public, personally appeared _ (/;rtf..;t; j)/a~ known or identified to me to be the person whose name is subscribed' to the within instrument, and ack~QW~9Red to me that he executed the me. - ...........jAS' ...... .., 6''\ j ..... ". I, :"~~tlt9"I' 'd.l/ - ....0 ;., ~;Y I ......*+ l6- / (seal) : f~ ~\ ~ ... \ _._ ~ .r , ~ ~ ". -^ ~... ", """" =- ~ , 1 APl.\ \u....: = 'L l!S),.:;'" ~ 1:$ "'" ......0 - 'tll;~;;:""'~~~"'''''t-"'<''~ _-- .'f "~Of \0 ...... Si,,,\\,,...,... ,~ ~UtJ 1; - /tf-tJf interoffice MEMORANDUM - JAN 2 2 200<j Of Merid}}_Ul Clerk Ofnce To: William G. Berg, Jr. From: William F. Nichols Subject: BY: QUASAR DEVELOPMENT, LLC FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR SAGELAND SUBDIVISION IN AN R-8 ZONE File No.: CUP-03-036 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 place this matter upon the Consent Agenda for COllllcil discllssion and decision. If you should have any questions please give me a call. 1:\\Vllrk\lvl\ivkf1di:ll11vkridi~1l 153(,OM\S~gc1and I'I~nllcd Dcvelopmcnt AZ-03-() 15 PI'-OJ-020 {'lJP-IJJ-03{>',('lIdJrUIl'lfcls&Ordcr.d"L BEFORE THE CITY COUNCIL OF THE CITY OFlVIERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FORSAGELAND SUBDIVISION IN AN R-8 ZONE, LOCATED ATTHE NORTHEAST CORNER OF SOUTH LOCUST GROVE ROAD AND EAST VICTORY ROAD, MERIDIAN, IDAHO QUASAR DEVELOPMENT, LLC, APPLICANT C/C 09/23/03 - Re-l1oticcd due to plat changes CIC 10-14-03 CICIO-21-OJ CIC 1 0-18-03 C/C 11/]2/03 CIC 11/25/03 C/C 12109/03 C/C 12/16/03 CIC 01/06/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-036 FINDINGS OF FACT AND CONCLUSIONS OF LA \V AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come beforc the City Coullcil on September 23,2003, and then re-noticed to October 14, 2003, and continued until Octobcr 2 L 2003, October 28,2003, November 12,2003, November 25,2003, December 9, 2003, December 16, 2003, and January 6, 2004, at the hour of 7:00 p.m., at Meridiall City Hall, FINDINGS OF FACT AND CONCLUSIONS OF LA \V AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 21 33 East ldaho Street, Meridian, ldaho, and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson ofthe Public Works Department, Wayne Forrey, Bruce Mills, and Lucian Tumaha, appeared and testified, and the City Council having duly considered the evidence and the [-ecord in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 23,2003, and then re-noticed to October 14, 2003, and conti nued until October 21, 2003, October 28, 2003, November 12,2003, November 25,2003, December 9,2003, December 16,2003, and January 6, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the extemaJ boundaries 0 f the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies 01' all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 23,2003, and then re- noticed to October 14, 2003, and continued unti I October 21, 2003, October 28, 2003, November FINDINGS OF ~FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 21 12,2003, November 25,2003, December 9,2003, December 16,2003, and January 6,2004 pu bl i c heari ngs; and the app I icunt, a ffected properly owners, and government su bd i vi si ons providing services within the planning jurisdiction orthe City orMeridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~9 11-15-5 and 11 H 17-5 as evidenced by the Affidavit of Mail ing, and the Affidavit of Publication and Proof of Posti ng fi led with the staff report. 3. This proposed development reqLlest is in an RUT zone and by reason of the provisions of the Meridian City Code ~ 11-17-4, a public hearing was required before the City Coullcil on this application. 4. The property is located at the northeast comer of South Locust Grove Road and East Victory Road, Meridian, Idaho. 5. The owners of record ofthe subject property are Charles H. and Vickie A. Riehardson. 6. Applicant is Quasar Development, LLC 3090 Gentry Way, Meridian, Idaho 83642. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-8 (Medium Density Residential) before the City Council. The zoning district ofR-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 1 [-7-2. 8. The proposed application requests a conditional use permit for a Planned FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE I)ERMIT PAGE 3 OF 21 ( Development consisting of 41 single-family detached lots, 1 private "Neighborhood" Park, and 8 common lots on 9.8 acres in a proposed R-8 zone for Sageland Subdivision. The R-8 zoning designations are within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section L 1-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Medium Density Resiclential. 10. The use proposed \vi th i n the subj eel LIppi icat ion will i n 1~1CL const it ule a conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns of Matt Schultz, expressed in his letter dated August 15, 2003. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles L I 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. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public faci litics and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also fOLlnd 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 lhe City of Meridian, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 21 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. The reductions to the frontage and minimum lot sizes are approved as submitted, with the clarification that reduced rear setback offive feet only applies to garages. (Per action of the City Council taken at their January 6,2004 meeting.) B. Adopt the Recommendations of the Ada County Highway District as follows: I. 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 appl icant is rei mbursed from i Illpact fees to be co llected so lei y from the app I icant' s specific development project) a total of' 35-feet of right-of-way from centerline (an additiona I I O-feet of right-o f-way) along V ictory Road, and cOllstruct a 111 i n i mUIll 5- foot wide concrete sidewalk along Victory Road, located a minimulll of28-feet f~rol11 the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet from the eenterline of the right-of-way, ill an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right- of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. The applicant shall do one of the following: a. Dedicate by donation a total of35-feet from centerline (an additionalIO-feet) of right- of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidcwalk along Locust Grove Road, locatcd a minimum of28-feet from the centerline of the right-of-way. b. Do not ded icatc addi I ional right-o f-way, but construct ami ni m um 5 -foot wiele concrete sidewalk along Locust Grove Road, located a minimum of 28-fcet from the centerline of the right-of-way, in an easement provided to the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERiVlIT PAGE 5 OF 21 c. Do not dedicate additional right-of-way, but construct a minimum S-foot wiele concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Constmct West Sagemoor Street to intersect Victory Road approximately 18S-feet west of the east propet'ty line, as proposed. 4. Construct West Sagemoor Street to intersect Locust Grove Road approximately 350-feet north of Victory Road, as proposed. 5. Construct West Sagemoor Street as a 29-foot street section with curb, gutter ancl detached 5-foot concrete sidewalk with parking on one side orthe roadway within 50-feet orright- of-way, as proposed. Parking will be restricted on one side orthe roadway and adequate signage will be required. 6. Construct South Savia Place as a 29-foot street section with curb, gutter and sidewalk within 42-feet of right-of-way, a proposed. Parking will be restricted on one side of the roadway and adequate signage will be required. 7. Construct a private road, South Sagemoor Lane, to intesect West Sagemoor Drive approximately 21S-feet west of West Sagemoor Street. Terminate the private road at the northern property line of the proposed landscape buffer and install traffic bollards to minimize the connection. S. lEthe City of Meridian approves the private road, pave the private roadway a minimum of 20 to 24-feet wide und at least 30-feet into the site beyond the edge ofpavemcnt of West Sagemoor Dri ve and install pavement tapers wi th I5-foot curb radii abutting the existing roadway edge. Provide a plan showing how the private road grade meets the public road. Street name and stop signs are req ui red for the pri vate road. Veri ficatioll 0 l' the correct. approved name of the road is required. 9. Construct a cui-dc-sac turnaround without a center island at the terminus of South Savin Place. Provide a minimum turning radius of 45-feet for the turnaround. [0. Victory Road and Locust Grove Road are classified roadways. Other than the access points that are specifically approved with this application, direct lot access to Locust Grove Road and Victory Road are prohibited. Notes of the lot access restrictions are required on the final plat. II. Comply with all Standard Conditions of Approval. Stanclard Conditions of Approval FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PEltiVIIT PAGE 6 OF 21 I. Any existing irrigation facilities shnll be relocnted outside of the right-of-way. ) A II uti I ity relocat ion costs assoc i ated with i mprovi ng street frontages abutti ng the si te shal I 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-G2S8 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada COllnty 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 0 f bui lding permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonmll1ce with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. S. Payment of applicable road impact fees are required prior to building constmction ill accordance with Ordinance #197, also known as Ada County Highway District Road Impact Pee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIG LINE (1-800-342-1585) at least two rull 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 comprom isecl during any phase 0 f construction. ! O. No change in tbe terms and conditions of this approval shall be valld unless they are in writing and signed by the applicant or the applicant's authorized representative and all authorized representative of the Ada County Highway District. The burden shall be UpOIl the applicant to obtain written confirmation of any change from the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 21 I]. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District or its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: I. The project which comprised of single f81l1ily dwellings will require a fire-now of I ,000 gallons per minute 8vailable ror duration of:2 hours to service the entire project. Fire hydrants shall be placed an average of400' apart. 1997 UFC Appendix TIl-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant 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. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible constructi on begins. UFC 901.4.2 & 90 L.3 6. Traffic bollards depicted at the southern entrance to S. Signorello Lane, the proposed private drive, need to be removed from the plat. 7. Note that parking is prohibited on both sides or S. Signorello Lane. 8. Note that parking is prohibited on the southern side or E. Sagemoor Drive and the wcst side or S. Siduri Lane. 9. Note that parking is prohibited in front of lots 20, 21,22, and 23 of Block 2 along the western side of S. Savia Place. D. Adopt the Recommendations of Central District Health Department as rollows: I. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of EnvirDnmental Quality. FINDINGS OF FACT AND CONCLUSIONS OF LA ,,, AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 21 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stor11lwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendation of Nampa & Meridian Irrigation District as [allows: 1. Applicant shall apply for a Land Use Change/Site Application and filed for review prior to final platting for PP-03-020. All laterals and waste ways must be protected. The District's Eight Mile Lateral courses along the east and north boundary. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drain8ge must be retained on site. Ifany surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. F. Adopt the Reco1llmend8tions 0 r the Parks Department as follows: I. The pathway mllst comply with the recommended pathway standards. G. Adopt the action of the City Council taken at their January 6,2004 meeting as follows: 1. The developer has submitted an approved Preliminary Plat dated 12/29/2003 with the Transmittal Letter dated 12/31/03, and which provides for a traffic calming island at the intersection of S. Signorello Lane and E. Sagemoore Drive. This Plat is approved. 14. It is found that the subject property is large enough to accommodate the requested use and all required yards, open spaces and other features required by this ordinance. 15. The current Comprehensive Plan Land Use Map designates the property as "Medium Density Residential". It is fOllnd that the proposed residential lIses are harmonioLls with and in accordance with the Comprehensive Plan. The project is being proposed as a conditional use tor a plannecl development in order to allow reduced lot sizes, reduced street frontages, and reduced setbacks. If the project is approved as a Planned Development, with a variance from Private Road FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERiVIIT PAGE 9 OF 21 Dimensional Standards, it will meet the minimum requirements of the MCC. 16. That the proposed residential subdivision use will be harmonious with the intended and existing character of the area. Property to the north and east of the subject property has been developed as a single-family residential subdivision with an R-4 zoning designation. Property to the south and west of the subject property is designated as RUT (Ada County) and is designated as Low Density Residential (to the west of the subject properly) and rVlediulll Density Residential (Lo the south of the subject property). ] 7. It is not anticipated that the proposed project will have an adverse impact on other properties within the vicinity. 18. It is found that the proposed development can be adequately served by the essential public facilities and services. The applicant will extenel sewer and water to the subject property and the proposed subdivision will be served by an existing roaelway network and City of rvr erid ian pol i ce and fire protecti on. 19. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public that would be considered excessive. The developer \\'ill pay for tl1c cxtension or existing sewer and water Jines to the proposed development and for roads within the subdivision. 20. It is found that there will be an increase in traffic and noise in the general vicinity if the subdivision is approved, but that approval of the subdivision will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare of the City and the subdivision's neighbors. 21. It is found that the proposed use will not create significant interference with any FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 21 traffic on the surrounding public streets. Review orthe ACHD report for this project \vill provi de add itiona I i nforl11ation. ACHD has recommended appro va] 0 f the proposed su bdi vis i on as submitted. 22. That the proposed use will not result ill the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance by issuance of this conclitionaluse. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. CONCLUSIONS OF LAW I. 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 (J.c. S67-6503). 2. The Meridian City Council may exercise al] the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of'a Planning ancl Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City COllncil of the City ofMericlian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and Xli, Chapter T, Meridian City Code. 3. As part of a zoning orelinance the City Council can, subject to hearing and notice provision required, provide for the process of special andlor conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City ofMeridi<ln has done in the adoption of its zoning ordinances. 4. The City Council has the duty ancl responsibility to review the LlctS and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PEItlVIIT PAGE 11 OF 21 circumstances of each application for special use permit to detem1ine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Coele S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the rVleridian Comprehensive Plan and in accordance with the requirements of this Ordintll1ce; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character ol'the same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other prope11y in the vicinity; e. That the proposed use will be served adequately by essential public faci lities and scrvices such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment orthe proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities anel services and will not be detrimental to the economic welfare of the community; g. That the proposeeluse will not involve activities or processes, materials, equipment ancl conditions of operation that will be detrimental to any persons, property or the general 'lye I farc by reason 0 l' excessi ve prod uction 0 f traffic, noi se, smoke, fumes, glare or odors; h. That the proposed use \vi II havc vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-S), 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 conditional use permit all in accordance with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 21 r , the provisions of Meridian City Code ~ 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, {he applicant and the Commission and COUIlCl! shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one pubLic hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recom mendation 0 f the Commission." 6. Following the pubLic hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit jts recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan. City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~ 11-17-6) 7. When the City Council approves a conditional use pel111it it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the developmcnt; F. Require the provision for on-site pubLic facilities or services; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PER1VIIT PAGE 13 OF 21 G. Require more restrictive standards than those generally rcquircd, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOV~!, 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 ror a Planned Development consisting of 41 single-family detached lots, 1 private "Neighborhood" Park, and 8 common lots on 9.8 acres in a proposed R-8 zone for Sageland Subdivision located at the northeast corner of South Locust Grove Road and East Victory Road, 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 stafras follows: ]. Applicant shall meet all or the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act 3. The reductions to the tl'ontage and minimum lot sizes are approved as submitted, with the clarification that reduced rear setback offive feet only applies to garages. (Per action of the City Council taken at their January 6,2004 meeting.) B Adopt the Recommendations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVIIT PAGE 14 OF 21 ] . The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-or-way dedicated by the applicant, with the applicant constructing (l sidewalk as described below. However, if funds cannot be secured, the applicant shall do one orthe follovving: 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) a total of 35-feet ofright-of-way from centerline (an additionallO-feet of right-of-way) along Victory Road, and construct a minimum 5- foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum S-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right- of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. ') The applicant shall do one of the following: a. Dedicate by donation a total or35-feet rrom centerline (an additional] O-feet) or right- of-way along Locust Grove Road, and construct a minimum 5-root wielc concrete sidewalk a long Locust G rove Road, located a 111 inimum 0 f 28- feet from thc cell terl i Ile of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-toot wide concrete si dewalk along Locust Grove Road, located a mini mum 0 f 28- feet rrom 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 S-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the ex isti ng right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct West Sagemoor Street to intersect Victory Road approximately 185-feet west of the east property line, as proposed. 4. Construct West Sagemoor Street to intersect Locust Grove Road approximately 350-feet north of Victory Road, as proposed. 5. Construct West Sagemoor Street as a 29-root street section with curb, gutter and detached 5-root concrete sidewalk with parking on one side orthc roadway withill 50-feet of right- ot~way. as proposed. Parking \evil! be restricted on one side of the roadway and adequate sigllage will be required. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE]5 OF 21 6. Construct South Savla Place as a 29-foot street section with curb, gutter and sidewalk within 42-feet of right-of-way, a proposed. Parking will be restricted on one side of the roadway and adequate signage will be required. 7. Construct a private road, South Sagemoor Lane, to intesect West Sagemoor Drive approximately 2I5-feet west of West Sagemoor Street. Terminate the private road at the northern property line of tbe proposed landscape buffer and install traffic bollards to minim ize the connection. S. I r the City 0 f fvleridian approves the pri vate road, pave the pri vate roadway n minimum 0 r 20 to .24-fcet wide and at least 30-feet into the site beyond the edge of pavement of West Sagcllloor Drive and install pavement tapers \vith IS-toot curb radii abutting the existing roadway edge. Provide a plan showing how the private road grade meets the public road. Street name and stop signs are req uired for tbe private road. Veritication of the correct, approved name of the road is required. 9. Construct a cuI-dc-sac turnaround without a center island at the terminus of South Savia Place. Provide a minimum turning radius of 45-feet ror the turnaround. 10. Victory Road and Locust Grove Road are classified roadways. Other than the access points that are speciti.cally approved with this application, direct lot access to Locust Grove Road and Victory Road are prohibited. Notes of the lot access restrictions are required on the final plat. 11. Comply with all Standard Conditions of Approval. Standard Conditiolls of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All uti I i ty relocation costs associated wi th improving street frontages abutting the si te shall be borne by the developer. 3. Replace any existlng damaged curb, gutter and sidewalk and any thalmay be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for e1etails. 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 detaj 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 FINDINGS OF FACT AND CONCLUSIONS OF LA \-\1 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 21 procedmes and 8118pplieable ACHD Ordinances unless spccificallywaivecJ herein. An engineer registered in the State 0 r Idaho sha 11 prepare and ccrti ry all improvement p 18ns. 6. The applicant shall submit revised plans ror staff approval, prior to issuance of'building perlll i t (or other required permi ts), \vhich incorporates any req u i red design ch anges. 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 0 r applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (l-800-342-1S85) at least two full business days prior to breaking ground within ACHD right-of-way. The applic8nt shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) arc compromised during any phase of construction. 10. No change in the terms and conditions of this approv81 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 COllnty Highway District. The burden shall be lIpon the applicant to obtain written confirmation of any change frolll the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject orthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Reconlmendations of the Meridian Fire Department as follows: 1. The project which comprised of single family dwellings 'vvill 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' apat1. 1997 UFC Appendix III-A 2. Acceptance of the water supply for tire protection will be by the Meridian Water Department. 3. Fin81 approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PER_MIT PAGE 17 OF 21 4. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. S. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Traffic boUards depicted at the southern entrance to S. Signorello Lane, the proposed private dt'ive, need to be removed from the plat. 7. Note that parking is prohibited on both sides of S. Signorello Lane. 8. Note that parking is prohibited on the southem side of E. Sagemoor Drive and the west side ofS. Siduri Lane. 9. Note that parking is prohibited in front oflots 20, 21,22, and 23 of Block 2 along the western side ofS. Savia Place. D. Adopt the Recommendations ofCentml District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. ') 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-orfis not to create a mosquito breeding problem. 4. Storlmvater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design or the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface w8ter degradation. E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: I. Applicant shall apply for a Land Use Change/Site Application and filed for review prior to final platting for PP-03-020. All laterals and waste ways must be protected. The District's Eight Mile Lateral courses along the east and north boundary. This easement must be protecteel and any encroachment without a signed License Agreement and approved plan, before any construction is starteel, is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-380S. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE [8 OF 21 F. Adopt the Recommendations of the Parks Department as follows: 1. The pathway must comply with the recommended pathway standards. G. Adopt the action of the City Council taken at their January 6, 2004 meeting as follows: I. The developer has submitted an approved Preliminary Plat dated 12/29/2003 with the Transmittal Letter dated 12/31/03, and which provides for a traffic calming island at the intersection of S. Signorello Lane and E. Sagel1100re Drive. This Plat is approved. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requ irements as a cond i tion 0 f approva I 0 f the appl ication for a condi tionaluse perm i t. 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 Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months un less otherwise approved by the counci I. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, salis ry the req uirements set forth in the conditions of approval, acqu ire bu ildi ng perm i ts and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water 1 i nes, streets or bui ldi ng construct ion. The appl i cant has specified in the application and to the commission and council a construction schedule and FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 21 complction date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. TIle 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 Dr multiple phases, such phases shall be constructed within successive intervals or one year from the original date of approval by the council. Ifthe successive phases are not submitted within onc 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 ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-S003, 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 mattcr 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 goveming body of the City of Meridian, pursuant to Idaho Code ~ 67 -6S21 an affected person being a person who has an intcrest in real property which may be adversely affected by the issuance or denial of the conditional LIse permit approval may within twenty-eight (2S) days after the date of this decision FlNDINGS OF FACT AND CONCLUSIONS OF LA 'IV AND DECISION AND ORDER GRANTING CONDlTIONAL USE PERlVlIT PAGE 20 OF 21 and order seek ajudiclal revievv as provided by Chapter 52, Title 67, Idaho Code. b -fj;: By action of the City Council at its regular meeting held on the dayof Ja-JuA-IfA~, 2004. ROLL CALL: COUNCILWOMAN CHERIE MCCANDLESS VOTED~ COUNCILMAN BILL NARY VOTED----f/t:-t:<- COUNCILMAN KEITH BIRD VOTED$1- COUNCILWOMAN T ANIMY DE WEERD VOTED~ MA YOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1-6....0f-- VOTED MOTION: V APPROVED:~ DISAPPROVED: ;\ !lcst: """"""'1", ~ \\\\\' Of M1=~,:'I4{ ayor Robert D. Corrie .....'\ :"- '\ '-0'JV1 ""....... .:::-..... ,..).. a?O~.. 'Af1-- <--... t v "rPP ''''1~ ~ ~.:r <:> ~ - - - - - - - - - - - = - ,\\11 1111111111111 \\\ C Ml::" 1/1 ,\\ ~(O(" .t.:.F?'I) 1,/ .;;,:-' :<..' '< ~ ......-'/ ':.... c} ~PO.t:1.. ~~_ eft .:::- cP ''''I~ '.- 2 ~ (') ~ By:. ~A:~ ,9- Dated: (- 22- -t)1t EAJ-I ~ CIty Clerk :: -p f?_ i::\\Vork\iV1\iV1eridiJIl\i'vIeridiJIl 15J60i'vl\SJgclJnd I'IJnl1cd Dcvclopmcnt AZ-OJ-O 15 1'1',03-020 CUP-03'OJ6\FI'ClsCU~3-0J6. I~." ,\0;0 0 ,{ ~"10 <:'Q r 15\ . ~?:: .-:' /. ~ ~~,' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDETC Cb! :., ,~.,f . 'f.>:.,:~'~ GRANTING CONDITIONAL lISE PERMlT 'if; .... , .,'.' PAGE 21 OF 21 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FORSAGELAND SUBDIVISION IN AN R-8 ZONE, LOCATED AT THE NORTHEAST CORNER OF SOUTH LOCUST GROVE ROAD AND EAST VICTORY ROAD, MERIDIAN, IDAHO QUASAR DEVELOPMENT, LLC, APPLICANT C/C 09/23/03 - Rc-noticcd clue to plat cbanges C/C 10/14103 C/C 10/21/03 C/C 10/28/03 C/C 11/12/03 C/C 11/25/03 C/C 12/09/03 C/C 12/16/03 C/C 01106/04 } } } ) ) ) ) ) ) ) ) ) ) ) ) Crlse No. CUP-03-036 ORDER GRANTING CONDITIONAL USE PERiVIIT I. This matter coming before the City Council on September 23, 2003, and then rc- noticed to October 14, 2003, and continued until October 21,2003, October 28,2003, November 12,2003, November 25,2003, December 9, 2003, December 16,2003, and January 6,2004, ORDER CONDITIONAL USE I)ERMIT (CUP-03-036) PAGE 1 OF9 under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit Jpplication and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is grantcd a conditional use permit for a Planned Development consisti ng of 41 si ngle- fam i ly detached lots, I pri vate "Neighborhood" Park, and 8 common lots on 9.S acres in a proposed R-S zone for Sageland Subdivision located at the northeast corner of South Locust Grove Road and East Victory Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2 All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. The reductions to the frontage andminimllm lot sizcs are approved as submilted, with the clarification that reduced rear setback of five feet only applies to garages. (Per action of the City Council taken at their January G, 2004 meeting.) Adopt the Recommendations of the Ada County Highway District as rollows: 1. The Board of Commissioners authorizes the expenditure of available collected impact rees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, iffunds callnot 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 speci fie development proj ect) a total 0 f3S-feet of right-of-way from centerline (an add i tional 1 O-feet of right-o f-way) along Victory Road, and construct a min imu m S- ORDER CONDITIONAL USE PERMIT (CUP-03-036) PAGE20F9 ( foot wide concrete sidewalk along Victory Road, locatcd 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 Victoty Road, located a minimum of28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewaLk along Victory Road, located at the back edge of the existing right- of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. ? The applicant shall do one of the following: a. Dedicate by donation a total of3S-feet from centerline (an additional IO-feet) of right- o t'-way a long Locust G rove Road, and construct a mi n i mum 5- foot wide concrete sidewalk along Locust Grovc Road, located a minimum of 28-feet lI'om the centerline of the right-of-way, b. Do not dedicate additional right-of-way, but construct a minimum 5-foot \vide concrete sidewalk along Locust Grove Road, located a minimum of28-feet frol11 the centerline of the right-of-way, in an easen1ent provided to the District. c. Do not dedicate additional right-of-way, but construct a nlinimum 5-foot wide concrete sidewalk: along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existi ng drainage and utili ties. 3. Construct West Sagemoor Street to intersect Victory Road approximately 185-feet west of the east property line, as proposed. 4, Construct West Sagemoor Street to intersect Locust Grove Road approximately 3S0-feet nOlih of Victory Road, as proposed. 5. Construct West Sagemoor Street as a 29-foot street section with curb, gutter and detached S-foot concrete sidewalk with parking on one side of the roadway within 50-feet of right- of-way, as proposed. Parking will be restricted on one side of the roadway and adequate signage will be required. 6. Construct South Savia Place as a 29-foot street section with curb, gutter and sidewalk within 42- feet of right-of-way, a proposed. Parking will be restricted on one side 0 f the roadway and adequate signage will be required. ORDER CONDITIONAL USE PERlVIIT (CUP-03-036) PAGE 3 OF9 ( 7. Construct a private road, South Sagemoor Lane, to intesect West Sagemoor Drive approximately 215-feet west of West Sagemoor Street. Terminate the private road at the northern property line of the proposed landscape bufrer and install traffic bollards to minimize the connection. 8. ]fthe City of Meridian approves the private road, pave the private roadway a minimum of 20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement or Wcst Sagellloor Drive and install pavcment tapers with IS-foot curb racli i abutting the existing roadway edge. Provide a plan sho'vVing ho\v the private road grade meets the public road. Street name and stop signs are required for the private roael. Verification of the correct, approved name of the road is required. 9. Construct a cui-dc-sac turnaround without a centcr island at the terminus of South Savia Place. Provide a minimum turning radius of 45-feet for the turnaround. 10. Victory Road and Locust Grove Road are classified madways. Other than the access points that are speci fically approved with this application, direct lot access to Locust Grove Road and Victory Road are prohibited. Notes of the lot access restrictions are required on the final plat. 1 I. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be re]oc8ted outside of the right-or-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 e1etails. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. S. All design and 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. ORDER CONDITIONAL USE PERMIT (CUP-03-036) PAGE 4 OF 9 ( 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required penl1its), 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. Puyment 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 F ce Ord i nance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or fillcd) arc compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are ill writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. II. Any change by the applicant in the planned use oftbe property wbich 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 SLlccessors in interest advises the Highway District of its intent to change the planned use orthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations 0 t' the Meridian Fi re Department as follows: I. The project which comprised of single !im1ily dwellings will require a fire-Ilow of 1,000 gallons per 111 i nutc availab Ie for duration 0 r 2 hours to service the cnti rc project. Fi re hyd mnts sha II be placed an average or 400' apart. 1997 UFC Appendix Ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. ORDER CONDITIONAL USE PERNIIT (CUP-03-036) PAGE 5 OF 9 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant 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. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Traffic bollards depicted at the southern entrance to S. Signorello Lane, the proposed private drive, need to be removed from the plat. 7. Note that parking is prohibited on both sides of S. Signorello Lane. 8. Note that parking is prohibited on the southern side of E. Sagemoor Drive and the \vest side of S. Siduri Lane. 9. Note that parking is prohibited in front of lots 20, 21,22, and 23 of Block 2 along the western side of S. Savia Place. D. Adopt the Recommendations of Central District Health Department as follows: I. This proposal can be approved ror central sewage & central water after written approval Ii'om appropri ate enti ties is subm itted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division or Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents grollndwater and surface water degradation. E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: I. Applicant shall apply for a Land Use Change/Site Application and filed for review prior to final platting for PP-03-020. All laterals and \vaste ways must be protected. The District's Eight Mile Lateral courses along the east and north boundary. This easement ORDER CONDITIONAL USE PERMIT (CUP-03-036) PAGE60F9 c must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage [eaves the site, the District must review drainage plans. The developer must comply with Idaho Code 3 i -3S05. F. Adopt the Recommendations of the Parks Department as follows: I. The pathway must comply with the recommended pathway standards. G. Adopt the action of the City Council taken at their January 6,2004 meeting as follows: I. The developer has submitted an approved Preliminary Plat dated 12/29/2003 with the Transmittal Letter dmed 12/31/03, and which provides ['or a traffic calming island at the intersection of S. SignoreIlo Lane and E. Sagemoore Drive. This PIM is approved. 3. The above conditions are concluded to be reasonable and the applicant shallmcct such requirements as a condition of approval ofthe application for a conditional use permit. 4. Notice to Permit Holder, this conelitionaluse permit is not transrerable without complying with the provisi ons of Meridian City Code S 11-17 -S, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERlVUT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eightcen (lS) months unless otherwise approved by the council. During this time, the permit holder Illust commence the use as permitted in accordance with the conditions or approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of penn anent footings or structures on or in the ground. in this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and ORDER CONDITIONAL USE PERMIT (CllP-03-036) PAGE70F9 I"~ completion date for the project. If the completion dute specified for the project is exceeded, the cond i tiona I use app I ication shal I become nu I I and vo i d. However, the app I icant may su bill i t an ~1pplication for a time extension 011 the project for city council review. The application for timc extension shall be submitted at least thirty (30) days prior to the deadline for completion 01' 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 (1S) month deadline shaH apply to the first phase. In the event that the development is made in successive contiguous segments or Illull i p Ie phases, such phases shall be constructed wi thin successi ve intervals of one year from the origi nal date of approval by the council. [fthe sllccessive phases are not submitted within one year intervals, the conditional approval of the future phases shaH be null and void. (MCC 11-17- 4.8.) NOTICE OF FINAL ACTION AND RIGHT TO REG ULATORY 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 e1ecision 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 the issuance or denial of the ORDER CONDITIONAL USE PERMIT (CUP-03-036) PAGE 8 OF 9 conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek ajuelicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ..-;- CJ~~r 6~ day or ,2004. Attest: dli#-:- k 1St.--l': 9- William G. Berg, Jr., City Clerk -;. .... .... .... Copy served upon Applicant, the Planning aiidZonlngDepartment, Public Works Department and City Attorney. By df;a..:.. k~. 0- City Clerk ' Dated: (-2Z-otf/ /,WIl,kAIi'vleml'ClI1Aknlll:m 15.1blli\rSagcbnd Plunned I kv<.:lnpll1elll i\Z-UJ-O]:'i 1'1'.()J-U20 CUI'-03,o3unrdl'rCIWd", ORDER CONDITIONAL USE PERMIT (ell P-03-036) PAGE 9 OF 9 E interoffice MEMORANDUM - JAN 2 2 2004 City Of Meridifu'l City Clerk Office To: Wi Iliam G. Berg, Jr. From: Wm. F. Nichols Subject: Sageland Subdivision File: PP-03-020 Date: Jmwary 8,2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROV AL OF PRELIMINARY PLAT, pursuant to action of the Council at their January 6,2004 meeting. The Findings will be on an upcoming Council agenda. Please serve conformed copies of the Findings upon the Applicant and the Pl,lI1ning and Zoni ng Department, Pub lic Works and the City Attol'ney office, if Counci I approves the Fi nd i ngs. If YOLJ have any questions arise please advise. /' \\'"rk'AU'.]cndlallAknd"'ll I 5.1 (,()i\l,Sagl'laml l'I:111Ilcd DCI'l'lopl11cl1l :\2:'03-015 I'l',UJ,020 CUP,IU-O)(Jlkrgl'n:l'lalivll.:\IO II 11.1 OJ.lh'L BEFORE THE CITY COUNCIL OF THE CITY OF MEIUDIAN ClC 09/23103 - Re-noticed due to plat changes CIC 101] 4/03 CIC 10/21 ;03 CIC 10/28/03 CIC 1 ] /12103 C/C 11/25/03 CIC 12/09/03 CIC 121] 6103 CIC Oll06/04 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR SAGELAND ) SUBDIVISION FOR 4] BUILDING ) LOTS AND 9 OTHER LOTS ON ) 10.64 ACRES LOCATED AT THE ) NORTHEAST CORNER or ) LOCUST GROVE ROAD AND EAST ) VICTORY ROAD, MERIDIAN, ) IDAHO ) ) BY: QUASAR DEVELOPMENT, ) LLC, APPLICANT ) ) Case No. PP-03-020 FINDINGS OF FACT AND CONCLUSIONS OF LA WAND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council 011 September 23,2003, and then re-noticed to October 14,2003, and continued until October 21, 2003, October 28,2003, November 12,2003. November 25,2003, December 9, 2003, December FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLA T SAGELAND SUBDIVISION / (PP-03-020) ] 6,2003, and January 6,2004, and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Pubic Works Department, Wayne Forrey, Bruce Mills, and Lucian Tumaha, appeared and testified, and the City Council having received a report from \cVendy Kirkpatrick Planner IT for the Planning and Zoning Department, and Bruce Freckletoll, Engineering Technician nI, and the City Council having received as part of the record of this mntter the recommendation to City Council of the Planning and Zoning Commission and the npplicant having submitted the t\VO pages, one page being "Exhibit B of the Sageland PD Attached or Detached Garage Location with 5.0' setback Exhibit "B" Claiborn Waite Consulting, LLC, Date: 12/29/2003 with the Transmittnl Letter dated 12/31/2003" and the "PRELIMINARY PLAT, A PORTION OF THE SW Y4 OF THE SW %, SECTION 20, T.3N., R.I E., BJvI., MERIDIAN, ADA COUNTY, IDAHO, SAGELAND PD A PLANNED RESIDENTIAL SUBDIVISION, PROJECT NO. 2145, SHEET NO.1, HANDWRITTEN DATE ON EXHIBIT "B" : 12/29/03 AND TRANSMITTAL LETTER DATE: 12/31/03, QUASAR DEVELOPMENT, LLC .~ APPLIC ANT, CLAIBORN/W AITE CONSULTING, LLC - ENGINEER/SURVEYOR", Quasar Development, LLC, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council purSlIanL to Meridian City Code ~ 12-3-3. Thererore the City Council makes the fo110vving findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urball Area as defined in FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION / (PP-03-020) 2 the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code 9 11-7-2 DJ 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. The proposed subdivision meets goals of the Comprehensive Plan through the following: providing a pathway which will become a part of Meridian's pathway system, provieling a park, and through the addition of a variety of housi ng types to Meridian's housing inventory. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. The proposed subdivision will be serviced by an existing network of streets, and water and sewer mains are located within close proximity to the subject propeE'ty. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services ror the proposed development. The developer will pay for the development of roads within the proposed subdivision and for the extension of city services to the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION I (PP-03-020) 3 5. The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. The developer will pay for the extension of urban services to the subject property and for roads within the subdivision. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set rorth. 7. The applicant has submitted for consideration or this approval drawing or the preliminary plat herein designated as: having submitted two pages and one page being "Exhibit B of the Sageland PD Attached or Detached Garage Location with 5.0' setback Exhibit "8" Claiborn Waite Consulting, LLC, Date: 12/29/2003 with the Transmittal Letter elated 12/31/2003" and the "PRELIMINARY PLA T, A PORTION OF THE SW ~ OF THE SW 14, SECTION 20, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO, SAGELANO PO A PLANNED RESIDENTIAL SUBDIVISION, PROJECT NO. 2145, SHEET NO.1, HANDWRITTEN DATE ON EXHIBIT "B": 12/29103 AND TRANSMITTAL LETTER DATE: 12/3l!03, QUASAR DEVELOPMENT, LLC - APPLICANT, CLAlBORN/W AITE CONSULTING, LLC - ENGINEER/SURVEYOR". 8. The City Council recognizes the concerns of Matt Schultz, in a letter dated August 15,2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION I (PP-03-020) 4 ! . DECISION AND ORDER Pursuant lo the City Council's authority as provided in Meridian City Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by having submitted two pages and one page being "Exhibit B of the Sage1and PD Attached or Detached Garage Location with 5.0' setback Exhibit "B" Claiborn Waite Consulting, LLC, Date: 12/29/2003 with the Transmittal Letter dated 12/3112003" and the "PRELIMINARY PLAT, A PORTION OF THE SW Y.1 OF THE SW ~, SECTION 20, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO, SAGELAND PD A PLANNED RESIDENTIAL SUBDIVISION, PROJECT NO. 2145, SHEET NO. I, HANDWRITTEN DATE ON EXHIBIT "8" : 12/29/03 AND TRANSMITTAL LETTER DATE: 12/31/03, QUASAR DEVELOPMENT, LLC - APPLICANT, CLAIBORN/WAITE CONSULTING, LLC - ENGINEER/SURVEYOR", Quasar Development, LLC, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LA VV AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION / CPP-03-020) 5 A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: I. [nstal1 a swing gate on proposed private street per the recommendation of the Meridian Fire Department. 2. Add 28' feet of grass crete and subtract 28' of asphalt from the proposed private street. 3. Add a third bullet on page 10, item 10, to add a note on the plat requiring a cross- access agreement for eac h set 0 f shared dri veways. 4. Add u second bullet on page 10, item 10, to add a note on the plat stating that no sight obscuring fence shall be taller than 4' in height along the regional pathway. lllicropaths, or open areas. B. Adopt the Recommendations of the Planning and Zoning and Engineering stafr as follows: 1. Sanitary sewer and water service to this site shall be via main line extensions from existing mains in the area. Applicant will be responsible for constructing the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department The developers of the Tuscany Village Subdivision, located at the southwest comer of Victory Road and Locust Grove Road, have proposed to extend the Ten Mile trunk line through their proposed subdivision, rather than following Meridian's Public Works master plan which shows the Ten Mile Trunk route following Victory Road and Locust Grove. If the Meridian City Council approves this alternate route for the Tell Mile Trunk at their Septcmbcr 91h meeting, sewer will no! be readily accessible to the developers oCthe Sageland Subdivision, and a substantial amollnt or off-site main would have to be installed by this developer. 2. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the pedestrian pathway prior to the final plat being recorded. The instrument number for the easement shall be referenced on the final plat. The easement shall be su fficient width to cover the 20- foot wide pathway shown. The 10- foot wi de hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any budding within the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION / (PP-03-020) 6 subdivision. Additionally, a note shall be added to the t~lce of the final plat indicating the Ci ty of Meriel ian is responsible ror the maintenance of the pathwny surface located within the easement. The note shall also indicate ,vho will be responsible for landscaping maintenance within the easement 3. Underground year-round pressurized irrigation must be provided to al11andscape areas on site. The applicant has indicated that the pressurized irrigation system within this development is to bee onnected to a n existing N ampa & Meridian Irrigation District system. If a single-point backup 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. 4. A detailed landscape plan shall be submitted with the final plat application. The detailed landscape plan shall include a 6' wrought iron fence along the western and southern edges of the proposed neighborhood park to make it more difficult for children using the neighborhood park to come into contact with traffic on Locust Grove Road and Victory Road. 5. Revise the proposed Pri vate Street to meet the Private Street standards 0 {'Meridian's Planned Development ordinance. 6. All grading of the site shall be performed ill confonmltlce with I'v1CC 11-12-31-1. 7. Submit up-to-date groundwater monitoring report to the Public 'v\!arks Depnrtl1lclll for revie\v. The report submitted with the application only idcnli I~es the groundwater elevation on the day the test ho les were dug in Apri I. The i nit i a1 st ud y indicates that shallow groundwater may be a factor. All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 OO-year storm events, and for a period of time not to exceed 24 hours. Side slopes wi thin drainage areas shall not exceed 3: 1. TJle project engineer should pay close attention to the results of fi eld studies determining the ground water, soi I type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum oD-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above grou nd\vater. 8. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 9. Coordinate fire hydrant placement with the City of !vleridiLln Public 'Narks fINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION / (PP-03-020) 7 Department. 10. Add or revise the following preliminary plat notes: -Add a note to the face of the plat that requires anyre-subdivision of this plat to be in compliance with the most recently approved subdivision standards of the City of Meridian. - Add a note to the face of the plat stati ng that no sight-obscuring fence shal I be taller than rour reet in height. 11. Ten (10) copies of the reviseel plat has been submitted to the City Clerk's Office ror this plat stamp dated December 29,2003. GENERAL COMMENTS 1. Submit a copy of the Ada County Stt'eet Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to COnf01l11. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized ilTigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All micro-paths 'vvithin the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, in compliance with the landsc8pe ordinance shall be submitted for the subdivision with the final pl8t application. 6. Sidewalks within the proposed subdivision shall be built In accordance with MCCI2-13-10-8. 7. 250 and tOO-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. Pinal design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROV AL OF PRELIMINARY PLAT SAGELAND SUBDIVISION / (PP-03-020) 8 and permit from the Public \Vorks Dcpartment prior commencing installations. 8. The subject property has a number ofmaturc trees. 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 [or those trees that have to be removed. 9. Developer shall coordinate mailbox locations with the Meridian Post Office. lO. 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. 1 I. 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. 12. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street linish centerline elevations are set a minimum orthree feet above the highest established normal groundwater elevation. C. Adopt the Recommendations of ACHD as follows: 1. The Board of Comm i ssioners authorizes the expenditure of a vailab Ie 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 app licant 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) a total of 35-feet oLright-of-way frol11 centerline (an additional IO-feet of right-of-way) along Victory Road, and construct a minimum S-foot wide concrete sidewalk along Victory Road, located a minimum of28-feet from tbe centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wiele concrete sidewalk along Victory Road, located a minimum of2S-feet from the centerli ne 0 r the right-o f-way, in an easement provi ded to the District. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDNISION / (PP-03-020) 9 c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and uti lities. 2. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet from centerline (an additional 10-feet) or right-oC-way along Locust Grove Road, and construct a minilllulll 5-fool \\1 i de concrete sidevvalk a long Locust Grove Road, located a minim Ll m 0 C 28- feet from the centerline or the right-of-way. b. Do not dedicate additional right-of-\vay, but construct a minimum S.fool wide concrete sidewalk along Locust Grove Road, located a minimull1 of 28- 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-root wide concrete sidewalk along Locust Grove Road, located at the back edge or the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Const['Uct West Sagemoor Street to intersect Victory Road approximately 185- feet west of the east property line, as proposed. 4. Construct West Sagemoor Street to intersect Locust Grove Road approximately 350- feet north 0 f Victory Road, as proposed. 5. Construct West Sagemoor Street as a 29-foot street section with curb, gutter and detached 5-foot concrete sidewalk with parking on one side of the roadway within 50- feet of right-o r-way, as proposed. Parking wi I I be restricted on one side of the roadway and adequate signage will be required. 6. Construct South Savia Place as a 29-foot street section with curb, gutter and sidewalk within 42-feet of right-of-way, a proposed. Parking will be restricted on one side of the roadway and adequate signage will be required. 7. Construct a private road, South Sagemoor Lane, to intesect West Sagemoor Drive approximately 2IS-feet west of\,yest Sagemoor Street Terminate the private road at the northern property line of the proposed landscape buffer and install traffic bol1ards to minimize the connection. FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROV AL OF PREUMINARY PLAT SAGELAND SUBDIVISION / (PP-03-020) 10 8. If the City or Meridian approves the private road, pave the private roadway a minimum of20 to 24-feet wide and at least 3D-feet into the site beyond the edge of pavement of West Sagemoor Drive and install pavement tapers with Is-root curb radii abutting the existing roadway edge. Provide a plan showing how the private road grade meets the public road. Street name and stop signs are required for the private road. Verification of the correct, approved name of the road is requi red. 9. Construct a cui-dc-sac turnaround without a center island at the terminus of South Savia Place. Provide a minimum tuming radius of 45-feet for the turnaround. 10. Victory Road and Locust Grove Road are classified roadways. Other than the access points that are specifically approved with this application, direct lot access to Locust Grove Road and Victory Road are prohibited. Notes of the lot access restrictions are required on the final plat. II. Comply with all Standard Conditions or Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving stl'eet 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 0 f 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 CoulltyHighway 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 Stale or Idaho shall prepare and certify all improvcment plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION / (PP-03-020) 11 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 8pplicable requi rements 0 f 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 responsibi Iity of the applicant to veri fy all ex i sting uti I iti es 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 DlGLlNE (1- 800-342-158S) at least two full business days prior to breaking ground wi thin ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. II. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory andleg81 restrictions in rorce at the time the applicant or its SlLccessors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. The project which comprised of single family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix lII-A FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITfONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION I (PP-03-020) 11 2. Acceptance of the water supply for fire protection \vill be by the Meridian Water Depaltment. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant 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. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Traffic bollards depicted at the southern entrance to S. Signorello Lane, the proposed private drive, need to be removed from the plat. 7. Note that parking is prohibited on both sides ofS. Signot'ello Lane. 8. Nole that parking is prohibited on the southern side of E. Sagemoor Drive and the west side ofS. Siduri Lane. 9. Note that parking is prohibited in front of lots 20, 21, 22, and 23 of Block 2 along the western side of S. Savia Place. E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a Land Use Change/Site Application and filed for review prior to final platting for PP-03-020. All laterals and waste ways must be protected. The District's Eight Mile Lateral courses along the east and north boundary. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. Ifany surface drainage leaves the site, the District must review drainage plans. The developer must comply with Ielaho Code 31-3805. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval fi'om appropriate entities is submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROY AL OF PRELIMINARY PLAT SAGELAND SUBDIVISION I (PP-03-020) 13 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. Storm water shall be pretrcatcd through a grassy s\vale prior to discharge to the subsurr~1ce to prevent impact to groundwater and Sltl'f~lCe \vnter quality. 5. The Engineers and architects involved with the design of the subject proJcct shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents ground\vater and surface watcr degradation. G. Adopt the Recommendations of the Parks Department as follows: 1. The pathway must comply with the recommended pathway standards. H. Adopt the action of the City COllncil taken at their January 6,2004 meeting as follows: 1. The revised submitted plat Exhibit "B" adds a note to reflect that rear yard setbacks for detached garages shall be 5 feet. J The developer has submitted an approved Preliminary Plat dated 12/29/2003 \vith the Transmittal Letter dated 12/31/03, and which provides for a traffic calming island at the intersection of S. Signorello Lane and E. Sagcmoore Drive. This Plat is approved. 3. The revised Preliminary Plat denotes 41 building lots with 9 other lots. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY T AKlNGS 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 FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION / (PP-03-020) 14 concerning the matter at issue. A request for a regulatory takings analysis will toll the time period \vithin which a Petition for Judicial Review may be filed. Please take notice that this is a nllal action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, TItle 67, Idaho Code. ;:., -f~ By action or the City Coullcil at its regular meeting held 011 the V day of ~~CVl- r ' 2004. ROLL CALL COUNCILWOMAN CHERIE MCCANDLESS VOTED__~ COUNCILMAN SILL NARY VOTED__o~ COUNCILWOMAN TAMMY de WEERD VOTED__.~ COUNCILMAN KEITH BIRD VOTED_~ MA YOR ROBERT CORRIE (TIE BREAKER) VOTED - FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION I (PP-03-020) 15 Attest: BY:~cf~, cr City Clerk Dated: SEAL -.... aD -~. - ~ Y"':) ..~~ 0:::: -:- - "Us "-' ... ~ "0 ~1S\' :?-'~ $ '/,..1 ';<j ~ - \\) ,........... ,;"// O( }c) f~ ~,-I,.""-"'l \,' I/I/~ c iV.' ~,../~ -"-, t }, J, \\\ CUI>,OJ-036\FIClsOnll'l'.dhb' i, ;) ,;.', .1\'\ /.:',\VurkM',~kndlan\lvkndwn i53Wi'vI\Sagcbnd l'1ann~d Development A/:,03,O i5 1'1',03,020 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELlMINAR Y PLAT SAGELAND SU13DJVISfON / (pP-03-020) 16 RECEIVED 1'\ h (~ b City of Meridian City Clerk Office WHITE PETERSON ATTORNEYS AT LAw KmN DINIUS JULIE KLEIN FrSCHER CmuSTOPHBRD. GAllBI!RT WM. F. GIGRAY, III T. GUY HALLAM ** JU.l.S. HOLlNKA JOHN It. KOlWANIK* WILLIAM A. MORROW WIUJAM F. NICHOLS .* CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 CHRISTOPHER S. NY!! PHILIP A. PE11lRSON TODDA. ROSSMAN TRIlRENCI! It. WHITI! ... * Also admitted in CA ** Also admitted in OR *** Also admitted in WA January 9,2004 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: QUASAR DEVELOPMENT I ANNEXATION AND ZONING FINDINGS I AZ DEVELOPMENT AGREEMENT I ORDINANCE & CERTIFICATION OF CLERK I SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LE'ITER I AZ-03-015 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 ofJanuary 6, 2004, and which are on an upcommg Council agenda. I have also attached the original of the Development Agreement for the owner(s) and/or developer(s) signatures. After the Council meetinS", if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings WIll need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners(s) and/or developer(s) for signatures. Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. Tbis ordinance should not be passed until the Findin2s of Fact and Conclusions of Law and Decision and Order Grantin2 Application for Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. W . F. Nichols z:\Work\M\M:eridian\Meridi8l11S360M\Sageland Planned Development AZ-03..Q] S PP-03-020 CUP..Q3..o36\FFCLDEV AGMrORDCterkLtrOl 09 BEFORE THE MERIDIAN CITY COUNCIL CIC 09/23/03 - Re-noticed due to plat changes CIC 10/14/03 CIC 10/21/03 CIC 10/28/03 CIC 11/12/03 CIC 11/25/03 CIC 12/09103 CIC 12/16103 CIC 01/06/04 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 9.8 ACRES FOR ) PROPOSED SAGELAND PLANNED ) UNIT DEVELOPMENT, LOCATED ) AT THE NORTHEAST CORNER ) OF SOUTH LOCUST GROVE ) ROAD AND EAST VICTORY ) ROAD, MERIDIAN, IDAHO ) ) QUASAR DEVELOPMENT, ) APPLICANT ) Case No. AZ-03-015 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled alU1exation and zoning application having come on for public hearing on September 23,2003, and then re-noticed to October 14,2003, and continued until October 21, 2003, October 28,2003, November 12, 2003, November 25,2003, December 9, 2003, December 16,2003 and January 6,2004, at the hour of7:00 p.m., and AlU1a Powell Planning Director for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT (AZ-03-0 15) PAGE] OF 19 the Planning and Zoning Department, Brad Watson of the Public Works Department, Wayne Forrey, Bruce Mills, and Lucian Tumaha, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code 99 67-6509 and 67-6511, and Meridian City Code SS 11-1S-S and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 9.8acres in size and is located at the nOliheast corner of South Locust Grove Road and East Victory Road, Meridian, Idaho, all within the Area oflmpact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owners of record of the subject property are Charles H. and Vickie A. Richardson. Applicant is Quasar Development, LLC. 5. The property is presently zoned RUT and Rl (Ada County), and consists of vacant land. 6. The Applicant requests the propeliy be zoned as R-8 (Medium Density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT (AZ-03-0 15) PAGE 2 OF 19 Residential) . 7. The subject property is bordered to the north by R~4, to the south by RUT, to the east by-R-4, and to the west by RUT. 8. The Applicant proposes to develop the subject property in the following manner: a 41 building lots with 9 other lots. 9. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject propeliy as Medium Density Residential. 10. There are no significant or scenic features of major importance that affect the consideration of this application. 11. The City Council recognizes the concerns of Matt Schultz expressed in his letter dated August IS, 2003. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations ofthe Meridian Planning & Zoning Department as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be required, the following shall be addressed in the Development Agreement: pathway standards and fencing requirements for the Pathway and micropaths. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT (AZ-03-0J 5) PAGE 3 OF 19 B. Adopt the Recommendations of the ACHD as follows: 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, iffunds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) a total of3S-feet ofright-of-way from centerline (an additionall0-feet of right-of-way) along Victory Road, and construct a minimum 5- foot wide concrete sidewalk along Victory Road, located a minimum of2S-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of2S-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 S-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right- of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. The applicant shall do one of the following: a. Dedicate by donation a total of3S-feet from centerline (an additionallO-feet) of right- of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet fi:om 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 Locust Grove Road, located a minimum of 28-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 Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct West Sagemoor Street to intersect Victory Road approximately I 85-feet west of the east propeliy line, as proposed. 4. Construct West Sagemoor Street to intersect Locust Grove Road approximately 350-feet north of Victory Road, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPl\1ENT (AZ-OJ-OI5) PAGE 4 OF 19 S. Construct West Sagemoor Street as a 29-foot street section with curb, gutter and detached S-foot concrete sidewalk with parking on one side of the roadway within SO-feet of right- of-way, as proposed. Parking will be restricted on one side of the roadway and adequate signage will be required. 6. Construct South Savia Place as a 29-foot street section with curb, gutter and sidewalk within 42- feet of right-of-way, a proposed. Parking will be restricted on one side of the roadway and adequate signage will be required. 7. Construct a private road, South Sagemoor Lane, to intesect West Sagemoor Drive approximately 2IS-feet west of West Sagemoor Street Terminate the private road at the northern property line of the proposed landscape buffer and install traffic bollards to minimize the cOlmection. 8. If the City of Meridian approves the private road, pave the private roadway a minimum of 20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of West Sagemoor Drive and install pavement tapers with IS-foot curb radii abutting the existing roadway edge. Provide a plan showing how the private road grade meets the public road. Street name and stop signs are required for the private road. Verification of the correct, approved name of the road is required. 9. Construct a cul-de-sac turnaround without a center island at the terminus of South Savia Place. Provide a minimum turning radius of 45-feet for the turnaround. 10. Victory Road and Locust Grove Road are classified roadways. Other than the access points that are specifically approved with this application, direct lot access to Locust Grove Road and Victory Road are prohibited. Notes of the lot access restrictions are required on the final plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right -of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT (AZ-03-0 15) PAGE 5 OF 19 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. S. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT (AZ-03-015) PAGE 6 OF 19 C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The proj ect which comprised of single family dwellings will require a fire-flow ofl, 000 gallons per minute available for duration of2 hours to service the entire project Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Depaltment The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. All roads and fire lalleS shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants alld temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 D. Adopt the Recommendations of the Nalnpa & Meridian liTigation District as follows: 1. The District requires a Land Use Application to be filed for review prior to final platting for PP-03-020. All laterals and waste ways must be protected. The District's Eight Mile Lateral courses along the east and n011h boundary. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. E. Adopt the Recommendations of the Parks Department as follows: 1. Any proposed pathways must conform to the recommended pathway standards. F. Adopt the action ofthe City Council taken at their January 6, 2004 meeting as follows: 1. The developer has submitted an approved Preliminary Plat dated 12/29/2003 with the Transmittal Letter dated 12/31/03, and which provides for a traffic calming island at the intersection of S. Signorello Lane and E. Sagemoore Drive. This Plat is approved. 2. The developer shall be allowed a reduced rear setback of five feet but it shall only apply to garages only. 13. It is found that the requested zoning designations, R-8, is harmonious with and in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLlCA nON FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT (AZ-03-015) PAGE 7 OF 19 accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Medium Density Residential". The Comprehensive Plan also indicates that the subject property should have a "Multi - Use" pathway running along the northern and eastern edges of the subj ect property along the Eight Mile Lateral. Page S4 of the Comprehensive Plan addresses the issue of pathways and states that they should be in compliance with the Parks and Recreation Comprehensive Plan and that the pathway should be located "off street". The applicant has indicated that they will construct a 10' asphalt multi-use pathway with five feet of gravel on both sides of the pathway along the Eight Mile Lateral. 14. It is not anticipated that the applicant intends to rezone the subject property in the future. 15. It is found that the proposed single family residential subdivision would be allowed within the requested R-8 zone, if accompanied with a Conditional Use Permit for a Planned Development. 16. It is found that the land to the north and east of the subject property has been developed as residential subdivisions similar to the proposed subdivision. It is also found that the requested zoning designation ofR-8 is harmonious with the adjacent developments to the north and east of the subject property and should be rezoned as requested. While the applicant has applied for an R-8 zoning designation, the subject property is actually being developed at a density of four dwelling units per acre. 17. It is found that the proposed use (single family residential) will not change the existing (single family residential and rmal residential) or intended character (medium density single FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA TJON FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT (AZ-03-0 15) PAGE 8 OF 19 family residential) of the area. 18. It is not anticipated that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 19. It is found that the property to be annexed will or can be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. The Fire Department has made the following recommendations: 1) Provide parking on the proposed Sagemoor Lane and paint curbs of Sage moor Lane red. Provide Fire Department access to the South end of Sagemoor Lane via a swing gate; and 2) Meridian's Planned Development Ordinance requires private streets over 200' in length to be 42' in width. The applicant will be required to revise the proposed private street so that the street meets private street standards. Review of the ACHD and Fire Department comments concerning this subdivision will provide further information regarding public services and facilities. 20. It is found that there will not be excessive additional requirements at public cost for public services and facilities and that the annexation and zoning will not be detrimental to the community's economic welfare. The applicant will be responsible for extending water and sewer facilities to the subject property and for constructing all roads within the proposed subdivision. 21. It is found that the proposed subdivision will not create excessive traffic, noise or other nuisances that would detrimental to the general welfare of the surrounding area. It is recognized that the traffic and noise will increase upon build-out of the proposed subdivision; however, it is not felt that the amount generated will be detrimental to the public welfare of the city. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA DON FOR ANNEXA nON AND ZONING SAGELAND PLANNED DEVELOPMENT (AZ-03-0 15) PAGE 9 OF 19 22. It is found that the subdivision's vehicular approaches off Victory Road and Locust Grove Road will not cause significant interference on the surrounding public streets. Review of ACHD comments concerning vehicular approaches and traffic generation will provide additional information on this matter. ACHD recommends approval of the proposed subdivision as submitted. 23. The subject property is presently being used as pasture land. One single family dwelling and several outbuildings are located on the subject property. The proposed subdivision will not result in the loss or damage of scenic or natural features of significant importance. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 24. It is found that services are available to the site and that the inclusion of a pathway that will become a part of Meridian's pathway system makes the annexation of this property in the best interest of the City. 25. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a mmmer which is harmonious and appropriate in appearance with the existing, or intended character ofthe general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLlCA TION FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT (AZ-03-0 15) PAGE]O OF ]9 or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for mmexation 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 9 11-16 provides the City may annex real property that is within the Meridian Urban Service Plmming Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Chapter VI, Goal III, Objective A, Action 3 Chapter VII, Goal V, Objective A, Action 4. 5. The zoning of (R -8) Medium Density Residential is defined in the Zoning Ordinance at S 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose ofthe R-8 District is to permit the establislunent of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISJON AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT (AZ-03-0 15) PAGE 11 OF 19 is likely to occur in accord with the Comprehensive Plan ofthe City and is also designed to permit the conversion of large homes into tow-family dwellings in well-established neighborhoods of comparable land use. COlmection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the mmexation ofland. See Burt vs. The City ofIdaho Falls, 10S Idaho 6S, 665 P2d l07S (1983). 7. The development of the almexed ImId, ifmmexed, shall meet and comply with the Ordinances of the City of Meridian induding, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-S-2 N, which pertains to pressurized irrigation systems, mId Zoning mId Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner mId/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 9.8 acres to Medium Density Residential (R-8) is grmIted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of9.8 acres. The legal description shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT (AZ-03-015) PAGE 12 OF 19 be prepmed by a Registered Land Surveyor, Licensed by the State ofldaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services me available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be required, the following shall be addressed in the Development Agreement: pathway standmds and fencing requirements for the Pathway and micropaths. B. Adopt the Recommendations ofthe 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) a total of 35-feet of right-of-way from centerline (an additional 10-feet of right-of-way) along Victory Road, and construct a minimum S- foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right- of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLlCA TION FOR ANNEXA TJON AND ZONING SAGELAND PLANNED DEVELOPMENT (AZ-03-015) PAGE 13 OF 19 2. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet from centerline (an additionall a-feet) of right- of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline ofthe right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove 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 Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct West Sagemoor Street to intersect Victory Road approximately 185-feet west of the east property line, as proposed. 4. Construct West Sagemoor Street to intersect Locust Grove Road approximately 350-feet n011h of Victory Road, as proposed. S. Construct West Sagemoor Street as a 29-foot street section with curb, gutter and detached S-foot concrete sidewalk with parking on one side of the roadway within 50-feet of right-of-way, as proposed. Parking will be restricted on one side of the roadway and adequate signage will be required. 6. Construct South Savia Place as a 29-foot street section with curb, gutter and sidewalk within 42-feet of right-of-way, a proposed. Parking will be restricted on one side ofthe roadway and adequate signage will be required. 7. Construct a private road, South Sagemoor Lane, to intesect West Sagemoor Drive approximately 21S-feet west of West Sagemoor Street. Terminate the private road at the northern property line of the proposed landscape buffer and install traffic bollards to minimize the connection. 8. If the City of Meridian approves the private road, pave the private roadway a minimum of 20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of West Sagemoor Drive and install pavement tapers with 15-foot curb radii abutting the existing roadway edge. Provide a plan showing how the private road grade meets the public road. Street name and stop signs are required for the private road. Verification of the correct, approved name of the road is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT (AZ-03-015) PAGE 14 OF 19 9. Construct a cul-de-sac turnaround without a center island at the terminus of South Savia Place. Provide a minimum turning radius of 45-feet for the turnaround. 10. Victory Road and Locust Grove Road are classified roadways. Other than the access points that are specifically approved with this application, direct lot access to Locust Grove Road and Victory Road are prohibited. Notes of the lot access restrictions are required on the final plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing iITigation facilities shall be relocated outside ofthe right~of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387- 6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and celiify 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 propeliy 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING SAGELAND PLANNED DEVELOPMENT (AZ-03-0 15) PAGE 15 OF 19 The applicant shall be required to call DIGLINE (l-800-342-158S) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The 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 placed an average of 400' apmt. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrmIt locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. All roads mId fire ImIes shall have a turning radius of28' inside and 48' outside. S. Operational fire hydrmIts mId tempormy or permanent street signs are required before combustible construction begins. UFC 901.42 & 901.3 D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Application to be filed for review prior to final platting for PP-03-020. All laterals mId waste ways must be protected. The District's Eight Mile Lateral courses along the east and n01th boundary. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT (AZ-03-015) PAGE 16 OF 19 developer must comply with Idaho Code 31-3805. E. Adopt the Recommendations of the Parks Department as follows: 1. Any proposed pathways must conform to the recommended pathway standards. F. Adopt the action of the City Council taken at their January 6,2004 meeting as follows: 1. The developer has submitted an approved Preliminary Plat dated 12/29/2003 with the Transmittal Letter dated 12/31/03, and which provides for a traffic calming island at the intersection ofS. Signorello Lane and E. Sagemoore Drive. This Plat is approved. 2. The developer shall be allowed a reduced rear setback of:five feet but it shall only apply to garages only. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pmsuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT (AZ-03-0] 5) PAGE ]7 OF 19 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date ofthis decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 6f~ day of J~u~'1- , 2004. ROLL CALL COUNCILWOMAN TAMMY de WEERD VOTED$v.- COUNCILMAN BILL NARY VOTED --f!t- fA../ VOTED --fJt:-P-J COUNCILWOMAN CHERIE MCCANDLESS COUNCILMAN KEITH BIRD VOTED-r MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1- 6 -{)4-- MOTION: APPROVED:+- DISAPPROVED: ~J Mayor Robert D. Corrie VOTED --- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT (AZ-03-015) PAGE 18 OF 19 ,\\\\\\1111111/11 ,S'\' - .. 'E 1/1 ,...." t O\" N~ _Nf1'1r ///1 ~",(.. . '<../14.11,1/;;> 2' ;'\, :;:..i?ORA" 'V?", 2 '-J ~(p I!:^ ~ _ < V ? ~ ~ ~ _ S Attest". Dated: fl\'lDl\'IGS Of f Acr AND CONCLUSIONS Of LA'II AND DEClSION p..ND ~;--DzEoR..~~~~~~l~~;~~~~D DEVI'LOl'MI'N'f FOR p..NNE)(.A. TION p..r.,D '1'''' ,I..... (Kl-03-0\5) PAGE \9 Of 19 " DELINQUENCY FOR TURN OFF SCHEDULED FOR JANUARY 7, 2004 MAY 0 R: 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, January 6, 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 January 7, 2004 unless payment is received in full. Is there anyone present who ,wishes to, contest his or her water, sewer and trash delinquency? '.::...,-. < ~ ',' I .". ". (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 $27305.35. ( CITY OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers Jan 06, 2004 03:39pm Current Period: 01/20/2004 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Terminated customers not included Customer.Cust No 0 = {<} 880000001 Customer.BiII Cycle = 2 Las! Pmt Last Pm! Cust No Name Balance Non,Delinq 11/20/2003 10/20/2003 09/20/2003 Date Amount 17.34.1108.3 ADAMS, CYNTHIA 39.08 35.16 3.92 12/24/2003 33.52 - 16.31.3316.2 ADAMS, JACK & MEGAN 70.02 36.40 33.62 11/21/2003 37.54 - 15.22.0164.1 AGGEN,SHARON 97.62 46.44 51.18 12/10/2003 52.16, 8.08.0116.2 ALCORN, JEFFREY 244.10 133.62 56.24 54.24 12/17/2003 100.00 - 17.34.1884.1 ALLEN, DONALD 51.90 46.44 5.46 10/20/2003 210.00 - 16.31.3422.1 ALLEN, SEDENA 43.85 42.68 1.17 01/06/2004 45.00 - 15.15.0110.2 ALTA 80.82 38.92 41.90 12117/2003 80.00 - 15.15.0516.2 ARCHIBALD, BEN & JAMIE 69.26 65.16 24.10 12117/2003 57.00. 15.21.1708.1 ARTE, MICHELLE & RICK 131.38 76.44 54.94 12117/2003 69.64 - 15.21.2708.4 ASAY, ALAN & JULIE 151.00 95.24 55.76 12117/2003 62.62 - 17.33.0766.1 ASPEN HILLS APARTMENTS 1.720.56 859.97 846.23 14.36 1210212003 859.89 - 16.32.0100.2 ASPEN WEST PROPERTIES. LU 75.90 36.40 39.50 11/14/2003 34.60 - 14.20.1774.3 AYLWARD, PHILlPE & NAOMI 77.86 40.16 37.70 11/24/2003 40.00 - 7.40.0396.1 BACHARACH. TIM 61.22 60.96 .26 12101/2003 100.00 - 18.42.2076.2 BAISCH. SHELLY 52.70 28.88 23.82 12111/2003 45.38 - 16.32.0960.2 BARNETT. MARY 61.00 27.64 33.36 11/19/2003 36.30 - 18.43.2448.2 BARON, KONA & MICHELLE 116.26 59.12 57.16 12/16/2003 52.26 - 15.21.3036.2 BARR, GERALDINE 117.78 75.20 '42.58 1211 7/2003 49.44 - 15.21.0464.1 BARR, JERROD F 65.32 38.92 "26.40 12115/2003 65.00 - 16.31.3400.2 BEAN, DONOVAN 31.89 31.40 .49 12110/2003 18.49 - 14.19.6576.3 BECKMAN, RICK & DARLA 51.56 51.48 . .08 _; f., 12111/2003 47.60 - 17.33.2316.1 BELL, LILLY 356.02 243.20 112.68 .14 12115/2003 69.56 - 16.31.0220.1 BELL, PATRICIA 54.00 25.12 28.88 - . 11/14/2003 28.88 - 17.33.1828.1 BELL, RONALD & JULIE 75.58 32.64 42.94 12116/2003 42.94 - 17.34.1902.3 BENGOECHEA, MIKE 150.49 100.24 50.25 12103/2003 130.00 - 16.31.0009.1 BERGLOFF, JOHN 138.82 3.48 29.94 105.40 10/28/2003 159.30 - 9.09.9034.2 BERNARD, SCOTT 114.85 52.04 45.46 17.35 12108/2003 36.93 - 15.21.0130.1 BESKER, GLORIA 116.58 57.72 58.86 12116/2003 53.96 - 14.14.3004.2 BEWLEY, SANDRA & DAVID 93.90 45.50 48.40 12129/2003 46.44 - 15.21.1990.2 BICKEL, DWIGHT & CYNTHIA 129.58 76.44 53.14 12117/2003 50.20 - 15.22.1342.2 BISIG. JOSEPH W 102.36 53.96 48.40 1211212003 55.26 - 15.21.0154.2 BITTICK, BRIAN 116.22 58.96 57.26 12115/2003 60.00 - 14.19.0192.1 BITTON, GREG 68.36 31.40 36.96 11/2112003 73.76 - 17.33.2528.2 BLACK, WILLIAM & CAROLYN 83.10 36.40 46.70 11/25/2003 45.72 - 15.22.2366.3 BLACKMORE. ROBERT 34.76 28.88 5.88 15.22.1008.1 BLEDSOE, GARNETT 134.06 57.72 76.34 12116/2003 70.46. 15.21.3034.4 BOBKO,RAYMOND 108.24 46.44 61.60 12/16/2003 71.60 . 16.42.0406.1 BOBKO.RAYMOND 99.86 56.88 40.98 12118/2003 39.02, 17 .33.4154.3 BOBKO, RAYMOND 62.50 28.88 33.62 11/21/2003 37.54. 15.21.2860.1 BOHN. JOHN D 93.04 46.44 46.60 12/0212003 44.64. 16.31.0512.1 BOKMAN. HELEN 105.82 51.44 54.38 12/16/2003 51.01 - 15.15.0071.4 BOLTON. GREG & CINDY C/O 77.38 36.40 40.00 .96 12116/2003 40.00 - 15.15.0528.2 BORGES, FRED & TRACY 73.26 35.16 38.10 12/02/2003 37.12- 14.19.6640.1 BOUNSANA,SOUVANNA 168.28 79.66 88.62 12/12/2003 84.70 - 15.21.2068.2 BOUNXAYSANA,PHOUKHONG 51.28 36.40 14.88 10/24/2003 60.00 - 15.22.1756.1 BOWEN, ERIC 80.62 38.92 41.70 12102/2003 42.68 - 17.34.0440.7 BOWLES. LORA & MARK 172.66 96.56 76.10 12102/2003 65.32 - 17.34.1662.2 BRADFORD, ANTHONY & BARBI 90.12 36.40 53.72 1210212003 60.58 - 16.16.3306.2 BREWER. CHRIS & ELIZABETH 54.12 53.96 .16 12/11/2003 50.20 - 15.22.2282.2 BRICE. DAVID 59.04 27.64 31.40 11124/2003 61.66 - ... in Msg column indicates no Notice is to be sent i CITY OF MERIDIAN Delinquent Account List- cou ncil Page: 2 Standard Payment Customers Jan 06, 2004 03:39pm Current Period: 01/20/2004 No Delinquent Minimum AmounlDelinquent Balance Last pmt Last Pm! Cust No Name Balance Non-Delinq 11/20/2003 10/20/2003 09/20/2003 Date Amount 16.32.0926.1 BRIGGS, NADINE 132.06 77.68 54.38 12/1712003 70.68 - 16.32.0504.3 BRIGHT, ARRON & SONIA 83.10 36.40 46.70 12/16/2003 45.72 - 8.08.0290.1 BRIGHTON HOMES 51.74 41.02 7.24 3.48 14.14.3658.2 BRISTOL, DUSTIN & SHELLY 42.48 35.04 7.44 12/30/2003 35.00 - 15.21.0006.1 BROMET, PAUL 50.54 50.20 .34 12/31/2003 52.32 - 6.06.9842.2 BRONNER, JEREMY & JULlANNI 29.17 27.21 1.96 12/02/2003 20.79, 17.33.2371.1 BROWN, AMY 51.21 28.88 22.33 12/02/2003 50.00 - 15.22.1614.2 BROWN, REBECCA 179.78 65.16 114.62 12/18/2003 63.74 - 1 6.32.0436.1 BROWNING, MARK l. 95.84 40.16 55.68 11/17/2003 75.15 - 8.08.0144.2 BRUCE, TIMOTHY 116.54 69.78 46.76 12/17/2003 85.58 - 16.32.0732.2 BRUNGER, DWAYNE & LINDA 170.57 95.16 47.42 27.99 12/30/2003 20.00 - 17.34.2736.1 BRUTSMAN, RONALD 148.87 84.85 64.02 11/14/2003 59.12- 16.31.3306.1 BRYANT, JAMIE 85.36 40.16 45.22 12/16/2003 50.12 - 18.42.1876.1 BRYANT, JOHN 109.18 58.88 50.30 12/18/2003 83.62 - 15.22.1648.1 BRYCE, HELEN 55.72 26.25 29.47 11/17/2003 42.21 - 15.22.1646.1 BRYCE, HELEN 49.14 24.84 24.30 11/17/2003 31.16 - 16.32.1670.1 BUCKEY,STEPHAN 53.34 21.36 31.98 11/17/2003 97.15 - 14.14.3556.2 BURCHFIELD ENT 96.28 63.08 33.20 12/17/2003 63.58 - 14.19.4438.7 BURCHFIELD, DARRAL 105.62 68.24 37.38 12/17/2003 66.40 - 14.19.7150.2 BURCHFIELD, DARRELL 75.22 35.16 40.06 12/15/2003 62.97 - 16.32.1546.6 BURCHFIELD, DARRELL 126.22 61.48 64.74 12/16/2003 56.90 - 16.31.0720.2 BURKE,MARY 66.41 66.40 .01 12/12/2003 40.19 - 17.33.2338.1 BURLO, OLGA 26.10 25.12 .96 11/17/2003 118.86 - '17.34.1528.1 BURTON,RYAN 141.40 64.28 77.12 08/13/2003 83.98 - 17.33.2614.2 BUTIKOFER, JENNIFER 57.38 32.64 24.74 10/20/2003 100.00 - 17.34.0696.1 BUTTRAM, DEANNA 75.74 25.12 50.62 11/12/2003 124.63 - 6.06.2032.1 BUXTON, MICHAEL 34.73 33.75 .98 12/02/2003 28.31 - 7.40.0306.1 CAHILL, MARTIN 27.78 25.82 1.96 12/10/2003 21.36 - 15.21.0522.1 CALWELl, MARC 71.99 38.92 33.07 12/30/2003 40.00 - 18.42.1184.1 CAMPBELL, HARVEY AND lEO'" 57.08 35.16 21.92 12/11/2003 50.00 - 15.22.1050.1 CANON, BILL & BETSY 107.58 72.68 34.90 12/17/2003 35.70 - 16.32.0884.1 CARLSON, DEBORAH J. 85.38 36.40 48.98 12/12/2003 57.80 - 14.20.1634.1 CARLSON, PATRICIA 27.90 25.12 2.78 12/22/2003 36.56 - 17.34.1808.2 CARPENTER,DOUGLAS 88.30 42.68 45.62 12/16/2003 44.64 - 15.21.0030.1 CARRANZA, TIM 89.78 46.44 43.34 12/15/2003 60.00 - 15.22.1160.3 CARSON, JEFFERY & PAMELA 107.78 32.64 75.14 11/19/2003 91.80 - 15.21.3130.2 CARSTENSEN, LUCINDA 203.66 50.20 124.02 29.44 12/0112003 50.00 . 18.42.2582.1 CHAPMAN, LORRI 108.76 46.44 44.80 17.52 12/15/2003 25.00 - 15.22.0848.1 CHAPMAN, THOMAS 138.80 72.76 66,04 12/17/2003 171.12 - 15.22.1424.1 CHAVEZ,ROBERTO 65.34 65.24 .10 12/22/2003 63.00 . 1 8.42.3092.2 CHRISTENSEN, SHARON 71.64 25.12 46.52 11/21/2003 27.90 . 14.20.1606.3 CHRISWELL, lEE ANNA 232.29 232.29 02/05/2003 111.51. 1 6.32.1278.1 CHURCH, LARRY 43.74 21.36 22.38 12/1712003 36.00. 1 7.33.4344.1 CIRELLI, MARK 75.74 32.64 43.10 12/1 2/2003 49.96. 1 6.31.3282.2 CLAJUS, ALMA 43.60 43.60 11/06/2003 45.43 - 15.21.1902.2 CLARKE, MICHELE 44.64 42.68 1.96 18.42.1190.1 CLARKSON, BRIAN 86.04 47.68 38.36 12/02/2003 33.46 - 18.42.2376.3 CLAY, STEVEN & SUSAN 107.14 40.16 66.98 11/1912003 130.77 - 15.21.2214.4 CLEVELAND, RICHARD & KAREl 169.44 64.28 105.16 09/04/2003 109.08 - 6.06.2024.2 CLEVERLY, CHAD & BROOKE 46.50 35.71 10.79 01/06/2004 27.00, 17.33.2566.2 CONNELL, EDWARD 116.53 40.16 66.16 10.21 12/31/2003 60.00 - 17.34.1646.4 CONRAD, DRANDEN & NICHOLE 94.01 40.16 53.85 10/01/2003 74.17- 17.34.0841.4 CORTEZ, ALEXIS 57.68 47.68 10.00 12/10/2003 33.90 - 16.31.3420.1 COUCH, JULIA 66.84 32.64 34.20 1 2/16/2003 40.00 - 17.34.0724.3 CRAWFORD, MICHAEL & KRISTI 77.54 36.40 41.14 11126/2003 53.88 - ... in Msg column indicates no Notice is to be senl ( CITY OF MERIDIAN Delinquent Account list- council Page: 3 Standard Payment Customers Jan 06, 2004 03:39pm Current Period: 01/20/2004 No Delinquent Min imum AmountDelinquent Ba lance Last Pmt Last Pm! Cust No Name Balance Non,Delinq 11/20/2003 10/20/2003 09/20/2003 Date Amount 9.09.9136.1 CRESTWOOD CONSTRUCTION 20.90 17.42 3.48 18.42.4070.1 CROSS, ARBY 75.06 35.16 39.90 12/16/2003 37.94 - 18.42.2370.4 CROW, KEN & ALICIA 86.28 70.16 16.12 12/18/2003 82.50 - 13.13.8938.2 CULLUM, JERRY & NOVELLA 77.26 37.26 40.00 12/10/2003 40.98 - 15.21.1918.1 CULVER, JAMES 84.48 42.68 41.80 12/16/2003 40.00 - 6.06.1930.1 CUPP, SHAD & BECKY 109.23 89.99 19.24 12/17/2003 70.00 - 15.22.1640.1 CURTIS, BERNICE 212.02 80.48 131.54 11/24/2003 63.92 - 16.31.1678.1 D'AMBROSIO, BARBARA 59.44 24.57 34.87 12/16/2003 39.69 - 15.22.1084.2 DANA. JAMES & SHELLBY 95.66 42.68 52.98 12/01/2003 184.20 - 14.14.3636.2 DANIELS, RICHARD & JOANNE 114.28 79.52 34.76 12/17/2003 40.00 - 18.42.0346.2 DARRON STOUT 83.56 38.92 44.64 12/16/2003 49.54 - 15.22.2384.3 DAVIS, MITCHELL & SUZANNE 58.74 28.88 29.86 11/14/2003 56.65 - 18.42.2288.3 DAVIS, RENEE 35.47 31.40 4.07 12/10/2003 51.82 - 15.22.2226.1 DAVIS, STEVEN 53.02 25.12 27.90 11/25/2003 29.86 - 15.21.0454.3 DAWDY, DEBRA & CALVIN C/O 57.08 27.64 29.44 12/11/2003 63.36 . 18.42.0456.3 DAY,BARBARA 61.52 28.88 32.64 12/10/2003 32.13 - 14.14.4324.1 DBD INC. 113.22 41.58 46.44 25.20 11/24/2003 57.56 - 7.40.0172.2 DEBOARD, BROCK & KAYL YNN 90.96 42.56 48.40 12/02/2003 42.52 - 18.42.3078.1 DELAMERE, BRAD 33.20 20.12 13.06 11/12/2003 34.18 - 14.20.3034.1 DENNING, lORA 104.88 59.98 44.90 12/16/2003 45.20 - 17.33.3566.2 DENNISON, CHARLES 161.99 71.91 20.36 20.38 49.32 08/19/2002 373.25 - 16.32.1098.2 DERRICK, ARTHU R J & LAURA J 70.02 25.12 44.90 12/12/2003 55.00 ' 15.21.0144.1 DOMKA, DEBBIE 35.54 35.16 .38 01/06/2004 32.00 ' 17.33.2594.2 DONALDSON, NEAL 91.96 42.68 49.22 .06 12/16/2003 48.24 - 17.33.2612.6 DONALDSON, NEAL 90.00 58.88 31.12 12/17/2003 50.00 - 15.21.1958.1 DOTY, CHRISTY L 155.32 87.80 67.52 12/04/2003 62.92 - 18.42.0383.1 DOVEMEADOWS HOMEOWNER 10.86 3.48 7.40 12/02/2003 10.34 - 18.42.0471.1 DOVEMEADOWS HOMEOWNER 10.86 3.48 7.40 12/02/2003 8.38 - 18.42.2272.2 DRANSFIELD, ROBERT 85.14 36.40 48.74 12/01/2003 100.00 - 15.22.1438.2 DUMONT JR., TED 66.10 28.88 37.22 11/24/2003 35.26 - 14.14.9056.2 DUSTIN, MYLES 125.20 51.08 37.06 37.06 15.21.2916.1 EAMES, ROBERT 75.22 38.92 36.14 .16 10/15/2003 93.52 - 15.22.1418.2 EARLS, SCOTT & SHIRLEY 103.34 46.44 56.90 12/16/2003 66.70 - 18.42.2598.2 EASTBURN,GARY 114.78 53.96 60.82 12/15/2003 60.82 - 16.31.3034.1 EDWARDS, MARILYN 78.14 28.88 25.12 24.14 10/28/2003 40.02 - 8.08.1106.2 ELLIS, AMY 187.86 71.91 39.02 38.04 38.89 10/07/2003 38.89 - 17.34.0592.1 ELLIS, TODD & DANA 102.59 47.68 54.91 12/16/2003 80.00 - 18.43.0440.1 ENGLUND CONSTRUCTION 45.00 22.50 22.50 11/24/2003 23.48 - 15.22.1634.1 ERICKSON, EVA LOUISE 88.76 54.58 34.18 12/15/2003 45.94 - 15.21.0134.1 ESPANA JR, FLORENTINO 57.76 27.64 30.12 11/19/2003 60.00 . 16.31.0436.3 ESTACIO, ELAINE 32.74 32.64 .10 12/22/2003 34.50 - 17.33.3760.1 EWING, JOHN 53.56 47.68 5.88 12/16/2003 49.48 . 15.21.1172.4 FALK, RICHARD 145.84 61.48 84.36 11/19/2003 89.26 - 15.21.2674.2 FALLER, MICHAEL & JENNIFER 42.02 35.16 6.66 12/31/2003 35.16. 14.19.6502.1 FARNWORTH, WARREN 97.66 49.26 48.40 12/15/2003 42.84- 17.33.2404.1 FARRELL, MICHAEL 41.40 40.16 1.24 12/16/2003 38.23 - 17.34.1896.1 FENTON, PATRICIA 43.66 28.86 14.78 12/15/2003 75.00 - 14.19.0306.2 FIORENZA, ANGIOLlNA & RAFFJ 87.00 46.44 40.56 11/18/2003 39.58 - 18.42.0466.2 FISCHER, DAVID 98.60 53.96 44.64 12/15/2003 42.68 - 16.16.3640.2 FITZEN, LARAE & LINDA 93.28 42.68 48.24 2.36 12/11/2003 75.00 - 6.06.9052.2 FLEISCHER, MARK 82.98 46.17 36.81 12/15/2003 32.89 - 17.34.2084.1 FLORCZV Ill, ALEXANDER S. 100.04 40.16 59.88 12/09/2003 60.00 - 14.14.3516.2 FLORES, DAVID 130.96 81.48 49.48 12117/2003 55.36 - 15.15.0010.2 FOWLER, ROBERT & KERRI 115.76 61.48 54.28 12116/2003 49.38 - 17.34.2820.1 FRAHS. THOMAS 112.36 55.20 57.16 12111/2003 62.06 - ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page; 4 Standard Payment Customers Jan 06, 2004 03:39pm Current Period; 01/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 11/20/2003 10/20/2003 09/20/2003 Date Amount 9.09.0336.1 FRENCH CUSTOM HOMES 36.64 29.68 3.48 3.48 15.22.2506.2 FRIES, CHRS & TRACY 79.92 76.44 3.48 12/17/2003 100.00 - 17.33.4258.1 FROSTROM, STEVE & TERRI 73.53 43.92 29.61 12/05/2003 100.00 - 16.32.1542.1 FUHRMAN, JOSHUA 74.76 36.40 38.36 12/23/2003 59.34 - 15.21.2980.2 FUNK, DEENA 92.06 50.20 41.86 11/14/2003 92.38 - 15.22.2632.2 GALLEGOS, ERIK 36.53 36.40 .13 12/16/2003 37.38 - 15.22.2608.2 GALLOWAY, JERMAINE & KRISl 99.36 65.16 34.20 12/1812003 45.00 - 16.31.2250.1 GARCIA, ANOTONIO 159.82 83.96 75.86 12/1712003 30.76 - 17.33.2302.1 GARRARD, DALE 67.24 32.64 34.60 12/1712003 33.62 - 15.21.0234.3 GARRETT, DAMON 125.74 56.48 69.26 01/06/2004 100.00 - 14.20.1726.1 GARRIGUS, SCOTT 247.08 190.96 56.12 12/11/2003 100.00 - 15.21.2218.1 GARVIN, MATTHEW & DIANE 44.05 43.92 .13 01/02/2004 40.16 - 16.31.3534.1 GERHIG. CHARLES & PATTI 68.94 40.16 28.78 12/09/2003 38.00 - 15.15.0636.3 GERONILLA, ENORME & CANDP 305.29 213.12 92.17 11124/2003 105.00 - 15.22.1652.2 GLORFIELD, VARONA 96.84 52.04 44.80 12/02/2003 43.82 - 9.09.9102.1 GNG 10.44 6.96 3.48 17.33.2762.2 GOEHRING, DAVID 30.84 28.88 1.96 12/16/2003 40.00 - 15.22.1520.1 GOLD, JOHN 89.64 17.60 72.04 10/03/2003 309.59 - 6.06.9030.2 GOODIN, LOREN & SALINA 40.45 39.47 .98 13.13.8836.2 GORDON, WILLIAM & SHERRIE 103.38 54.00 49.38 12/01/2003 46.44 - 17.34.1240.1 GORE, JOSEPH 34.60 32.64 1.96 12/29/2003 34.44 - 16.32.1610.5 GRANBY. JOHN & RAMONA 31.92 31.92 11/20/2003 80.78 - 17.33.2752.1 GRAVES, DENNIS 126.14 81.44 44.70 12/17/2003 50.00 - 17.33.2570.2 GREENFIELD, LYNDA 26.23 25.12 1.11 12/16/2003 63.19 - 17.34.0382.3 GRIMM, ROBERT & TERRY 73.15 32.64 40.51 10/03/2003 151.53 - 15.21.1734.2 GROAT, STEPHANIE 128.84 76.52 52.32 11/17/2003 83.50 - 13.13.8446.2 GROW, SHANNON 111.08 57.76 26.66 26.66 10/21/2003 25.52 - 15.21.0008.1 GUGIN, DWAIN 36.99 35.85 1.14 01/06/2004 35.85 - 16.32.1168.1 GULBIS, ANTHONY 121.40 53.96 67.44 12/16/2003 80.00 - 15.21.0462.3 GUNNARSON, HOWARD & RUTf 130.40 94.00 36.40 01/06/2004 50.00 - 13.13.8202.2 HALES,LEE 45.95 24.84 21.11 12/30/2003 25.00 - 18.43.0176.2 HALEY, AMOS & REGINA 37.12 35.16 1.96 12/29/2003 34.18 - 16.31.0448.4 HALL, JANET 133.86 81.44 52.42 12/17/2003 83.40 - 15.15.0029.2 HALL, JOHN & CAROLYN 79.85 38.92 40.93 12/16/2003 45.00 - 15.22.0924.1 HALL, KEVIN 85.79 35.16 46.44 4.19 12/15/2003 40.00 - 14.19.0164.1 HALL, MARY ANN 50.24 25.12 25.12 11/19/2003 24.14 - 17.34.1046.2 HAMUDOT, NADIR 101.38 46.44 54.94 12/16/2003 120.42 - 17.33.4274.1 HANSEN, ERIK 186.26 186.26 02/18/2003 48.00 - 14.14.3690.3 HANSEN, ROBERT & MARY CIO 85.40 47.30 38.10 11/21/2003 36.14 - 18.42.1820.1 HARRINGTON-BLACK, JODY 66.20 38.92 27.28 12/16/2003 40.00 - 15.22.0860.4 HARTMAN,BRUCE 54.70 43.92 10.78 01/06/2004 43.92 - 15.21.1776.2 HARTSOOK, HOWARD 117.54 52.64 32.94 31.96 11/17/2003 34.71 - 18.42.0288.1 HARTWELL. MARK 76.86 35.16 41.70 12/10/2003 42.68 - 15.21.1904.1 HATCHER. LAVONNE 74.08 35.16 38.92 12/16/2003 34.56 - 15.21.2256.1 HATCHER. RICHARD 28.48 27.64 .84 12/16/2003 60.00 - 15.22.1202.6 HATFIELD. TED 80.04 53.96 26.08 01/06/2004 30.00 . 16.32.1618.3 HAYES, STEPHEN 85.06 40.16 44.90 11/13/2003 41.96 . 14.14.4436.2 HAYWARD, JOHN & BARBARA 75.92 37.82 38.10 11/26/2003 34.18. 9.09.0112.1 HEATH, TRAVIS 102.73 45.76 42.94 14.03 10/21/2003 32.23 - 14.19.0076.2 HEATON, JUDITH 29.99 28.88 1.11 11/14/2003 28.88 - 14.20.1624.1 HEATON, JUDITH A. 57.38 32.64 24.74 12/16/2003 100.00 - 15.22.2374.2 HEDGES, ELVA MAE 83.40 38.92 44.48 12/12/2003 49.38 - 17.34.1702.1 HEDRICK. WENDY 120.37 43.92 76.45 12/09/2003 70.00 - 17.33.1602.4 HELLEN, L YN 56.78 32.64 24.14 11/18/2003 24.14 - 15.22.0910.3 HENDERSON, SEAN 91.56 20.12 71.44 12/12/2003 84.18 - ... in M sg column indicates no Nollce is to be sent ( ( CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Jan 06, 2004 03:40pm Current Period: 01/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt last Pmt Cust No Name Balance Non-Delinq 11/20/2003 10/20/2003 09/20/2003 Date Amount 15.22.2526.2 HERBERT, WILLIAM III 95.16 65.16 30.00 12/17/2003 70.10. 16.31.0490.1 HEYDEN,ROBERT 168.37 42.67 125.21 .49 08/21/2003 274.92. 14.14.1050.1 HIGH DESERT 14.20 10.72 3.48 14.14.1008.1 HIGH DESERT CONSTRUCTION 82.92 23.04 59.88 11/18/2003 4.46- 17.34.1640.3 HIGHBARGER, MICHAEL & LIND 129.16 46.44 82.72 12/16/2003 100.00 - 15.15.0142.2 Hill, JONATHAN & LAUREL 36.14 35.16 .98 12/29/2003 41.70 - 6.06.1004.2 HINES, JAKE 58.30 27.21 31.09 12/01/2003 30.11 - 16.31.0478.1 HIRAHARA, ED 303.50 110.35 193.15 12/16/2003 193.15- 8.08.1090.2 HOBDEY. CRYSTAL 35.30 34.32 .98 12/11 f2003 39.02 - 17.34.0980.2 HODGES, DOALD & MARY 72.30 28.88 43.42 12/02/2003 43.42 - 17.33.2748.1 HODGES. ROCHELLE 28.90 28.88 .02 12/08/2003 56.78 - 14.20.1714.1 HOFFMAN, STEPHEN J. 83.56 38.92 44.64 11/14/2003 42.68 - 14.20.1668.2 HOGUE, ELLEN & PHILLIP 109.96 65.16 44.80 12/16/2003 48.57 - 15.22.1528.1 HOLLAND, RICHARD 76.56 32.64 43.92 12f16/2003 70.58 - 17.33.4346.1 HOLLOWAY. PAIGE 27.75 27.64 .11 12/22/2003 83.44 - 14.19.0354.2 HOllOWAY. JENNIFER & TAD 82.88 41.44 41.44 11/18f2003 112.69 - 16.32.0888.2 HOOPES. DAN & AMBER 47.92 32.64 15.28 1 2/1 Of2003 10.00 - 16.32.0530.3 HOOVER, l YND 86.36 35.17 51.19 11/21/2003 149.16 - 14.20.1556.1 HOOVER. L YND 94.06 56.78 37.28 11/19/2003 118.50 - 17.33.3590.2 HOPE, GREGORY & LORNA 40.83 40.16 .67 12/10/2003 41.00 - 18.42.1852.2 HOPKINS. SUZANNE 61.02 25.12 35.90 11/21/2003 45.70 - 16.32.0482.1 HORTON, EVERETT 121.66 70.16 51.50 12/17/2003 70.00 - 16.31.3004.1 HOWELL, JOYCE 120.04 62.72 57.32 12/02/2003 53.40 - 14.20.3008.1 HOWELL, SAM 31.44 31.40 .04 12/1 2/2003 35.16 - 18.42.2004.1 HOWELL, SHELLY 115.76 53.96 61.80 11/21/2003 68.66 - 17.34.0386.1 HOWORTH. CHARLES & GAil 97.48 47.68 49.80 12/16/2003 57.64 - 16.31.3022.3 HUDf GOLDENFEATHER REAL T 187.42 187.42 05/02/2003 60.03 - 15.21.1960.1 HUMPHREYS. LARRY 316.43 20.12 53.46 53.46 189.39 11118/2003 80.00 - 17.34.2100.1 HUNT, RADELL 112.08 43.92 68.16 12/11/2003 72.00 - 15.15.0048.3 HUNTER, PAUL 88.76 32.64 43.76 12.36 12/02/2003 60.00 - 17.33.2754.1 INGOE. BRADLEY 1 23.86 76.44 47.42 12/17f2003 47,42 - 16.32.1148.1 IRWIN, DAVID 104.02 55.20 48.82 11/18/2003 94.57 - 14.20.3216.1 IVERSON CONSTRUCTION 59.16 31.53 27.63 12/16/2003 37.63 - 17.33.2760.3 JACKCI. JEANETTE & JENNIFEfi 89.03 70.16 18.87 12/17/2003 60.00 - 18.42.1934.4 JACOBSEN. FRANK 85.94 72.68 13.26 12/17/2003 86.34 - 16.32.1552.1 JAKOMEIT, MICHAEL 81.96 39.02 42.94 11/24/2003 43.79 - 17.33.0358.1 JAMES COURT APTS 1,692.66 541 .68 541.68 609.30 11f21f2003 669.04 - 17.33.0396.1 JAMES COURT APTS 157.67 52.67 56.87 46.13 11/21f2003 54.95 - 17.33.0400.1 JAMES COURT APTS 169.11 52.67 54.79 61.65 11f21f2003 65.57 - 17.33.0408.1 JAMES COURT APTS 298.87 82.75 75.23 140.89 11/21f2003 166.37 - 17.33.0382.1 JAMES COURT APTS 221.77 67.71 78.01 76.05 11/21/2003 71.03 ' 17.33.0386.1 JAMES COURT APTS 178.11 56.43 62.31 59.37 11/21/2003 71.13 - 17.33.0366.1 JAMES COURT APTS 399.19 67.71 99.59 231.89 11f21/2003 247.57 - 17.33.0362.1 JAMES COURT APTS 208.35 75.23 69.01 64.11 11f21/2003 65.09 - 17.33.0370.1 JAMES COURT APTS 178.93 75.23 53.81 49.89 11f21/2003 49.89 - 17.33.0394.1 JAMES COURT APTS 118.11 45.15 37.95 35.01 11f21/2003 35.01 - 17.33.0390.1 JAMES COURT APTS 168.41 22.59 39.59 106.23 11121/2003 138.57 - 17.33.0374.1 JAMES COURT APTS 157.03 45.15 57.41 54.47 11f21f2003 59.37 - 17.33.0380.1 JAMES COURT APTS 234.99 109.07 65.41 60.51 11/21f2003 59.53 - 17.33.0388.1 JAMES COURT APTS 101.45 30.11 36.65 34.69 11/21/2003 34.69 - 17.33.0376.1 JAMES COURT APTS 99.63 48.91 27.81 22.91 11/21/2003 22.91 - 16.31.0516.1 JARRETT, SHARON 42.88 21.36 21.52 11/24/2003 22.50 - 6.06.1428.1 JC CONSTRUCTION 34.07 12.01 7.55 7.55 6.96 15.21.1912.1 JENKINS, DWIGHT 220.03 55.20 61.40 103.43 11/24/2003 140.00 - 14.19.1630.2 JENKINS. LEROY 105.04 66.52 38.52 12/16f2003 65.58 - ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers Jan 06, 2004 03:40pm Current Period: 01120/2004 No Delinquent Minimum AmountDelinquent Balance Last pmt Last Pmt Cust No Name Balance Non,Delinq 11120/2003 10120/2003 09120/2003 Date Amount 16.31.0736.1 JENKINS, PHOEBE 26.52 20.81 5.71 10/2012003 128.80 - 15.21.2830.1 JESSEE. KEVIN 106.46 70.16 36.30 12/1812003 45.00 - 17.34.2106.2 JLC PROPERTIES LLC 87.10 55.12 31.98 12/17/2003 32.96 - 18.42.2508.2 JOHN L. SCOTT REAL ESTATE 24.14 17.60 6.54 11/2612003 60.36 - 9.09.9012.2 JOHNS, CHARLES & TAMARA 116.32 68.48 47.84 12/1112003 45.88 - 14.20.0032.1 JOHNS, KENT 109.10 59.56 49,54 12109/2003 69.14 - 18.42.2482.1 JOHNSON, BRYON & MARYLEN 79.80 38.92 40.88 12116/2003 38.56- 18.42.0374.3 JOHNSON, DORTHY & REX 107.50 47.68 59.60 ,22 12116/2003 78.00 - 17.33.3600,1 JOHNSON, MICHAEL 52.80 36.40 16.40 12/02/2003 36.40 - 15.21.2790.2 JOHNSON, REX & DORTHY 102.36 53.96 48.40 1211612003 78.40 - 15,22.0330.1 JONES, ELDON & LORI 129.48 53.96 75.52 1210212003 83.36 - 17.33.3572.1 JORDAN, KATHY 130.40 58.99 71.41 12/16/2003 68.01 - 16.32.0522.2 JUHASZ, DON C. 126.26 58.96 67.30 12/11/2003 63.38 . 13.13.4038.2 JUSTENSEN, LARRY & DANIELL 108.78 53.02 55.76 12116/2003 54.78 - 15.21.0028.2 KEENEY, DONLAN & ELISABEn 92.54 35.16 42.84 14.54 12/1612003 26.00 - 15.21,1826.1 KEITHLEY, ROBERT 125,72 65.24 60.48 12/1 612003 77.74 - 17.33,2356.1 KENNEDY. BRIAN 74.76 36.40 38.36 12/1612003 32.52 - 16.32,1270.3 KENNING, JENNIFER 80.26 65.16 15.10 12131/2003 30.00 - 15.21,2709.1 KENTFIELD HOMEOWNERS AS~ 118.24 6.96 111.28 12/12/2003 124.02 - 15.21.2671.1 KENTFIELD HOMEOWNERS AS~ 52.04 3.48 48.56 12/12/2003 68.16 - 18.42.1810.2 KESTER,ROBERT 69.32 68.92 .40 01/06/2004 75.00 ' 15.22.1338,2 KILLION, DAVID & AMY 47.72 37.68 10.04 12/29/2003 37.00 - 17.33.4348.1 KINGSTON, CHARLES 90.18 43.92 46.26 12/16/2003 70.00 - 16,32.1614.2 j KOPPELMAN, GARY & KAREN 64.76 31.40 33.36 12/02/2003 28.23. 15,21.2106.4 KOUBA, WARREN 79.34 36.40 42.94 11/26/2003 40.98 - 14,19.7148.1 KUCK, DAVID 62.12 31.40 30.72 11/17/2003 32.00 - 18.42.4056.1 LAMOREAUX, KIM 47.88 47.68 .20 01106/2004 47.68 - 15.21.1940.3 LANCE. EDWARD & DELOY 110.36 110.20 .16 01/06/2004 60,00 - 1 6.16.3642.2 LANG. JON & SHELLY 71.82 36.40 35.42 12/02/2003 35.42 - 17.33.2770.4 LANORE, TAMRA 61.36 32.64 28,72 11/17/2003 64.17 - 17.33.0056.2 LAU SONYA & YUEN-TUNG 118.26 90.27 27,99 15.21.1970.2 LAURENCE, PATRICK & ROBIN 89.04 46.44 42.60 12/1 2/2003 60.00 - 15.22.1350.1 LAW, KIMBERLY 95.52 47,68 47.84 12/16/2003 58.62 - 14.19.1570.2 LEHOSIT, RICHARD & MERRtLYI 183.94 71.91 37.06 38.04 36.93 18.42.2736.1 LENAGHEN, CHRIS 61.98 31.40 30.58 12/12/2003 32.76 - 18.42,2278.1 LEQUERICA, CINDY 85.36 42.68 42.68 12/16/2003 51.36 - 18.42,2712.3 LESTER, DAVID & JUDITH 104.32 46.44 57.88 12115/2003 55.28. 18.42.0446.1 LINDQUIST, MICHAEL 135.00 53.88 39.58 41.54 10/24/2003 44.32 - 15.22.1726,2 LLOYD, GEORGE E 21.38 21.36 .02 12/05/2003 30.00 - 15.15.0025.2 LONGSTREET,GARRETT 81.98 27.64 34.18 20.16 11/14/2003 50.00. 15.21.1832.2 LOVAN, WALLACE II & KAROLE! 59.82 31.40 28.42 01/06/2004 57.00. 17.33.2706.1 LOVELAND, JEREMY 58.13 28.88 28.88 .37 11/18/2003 toO.OO . 17.33.2340.3 LYON, CHRIS & TAMMY 201.40 129.00 72.40 12/17/2003 60.86 . 10,10.2074.2 MACKAY, DAN 87.03 50.50 36.53 12/02/2003 50.00 - 16.32.0906.1 MALMSTROM, JEFF AND SUSN 135.31 70.16 65.15 12/18/2003 50.00, 17.34.2808.1 MANN, KEVIN & VIVIAN 70.82 70.24 .58 12111/2003 50.00 - 8.08.1058.2 MANWARNING, JOSHUA & JONI 60,87 59.00 1.87 01/06/2004 44,00 - 14.14.5028.2 MARGHEIM, JAMES 82.38 63.48 18.90 12/16/2003 90.00 - 15.21.1760.1 MARKLE, JAMES 108.42 108.42 02/1312003 47.55 - 17.34.2704.2 MARSHALL, THOMAS & CHERI 67.46 66.48 .98 12/3112003 56.18 - 17.34.0576.4 MARTIN, JAMES 75.to 36.40 38.70 12/22/2003 50.00 - 15.21.2820.3 MARTINA. DAVID 144.30 99.00 45.30 12117/2003 40.00 - 17.33.2298.1 MARTINEZ, ENRIQUE & LETICIA 83.11 43.92 39.19 10128/2003 50.00 - 14.20.1498.2 MATLACK. DALE & LOUISE 54.86 28.88 25.98 11114/2003 25.00 - 6.06.9006.1 MATRIX HOMES 38.78 24.27 7.55 3.48 3.48 ... in Msg column indicates no Notice is to be sent f CITY OF MERIDIAN Delinquent Account List. council Page: 7 Standard Payment Customers Jan 06, 2004 03:40pm Current Period: 01/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non,Delinq 11/20/2003 10/20/2003 09/20/2003 Date Amount 10.10.0006.2 MATTINGLY, JAMES & LUCI 82.00 40.04 41.96 11/17/2003 81.83 - 15.22.1068.2 MAUPIN, SHELLY D 76.15 28.88 29.86 17.41 12/02/2003 100.00 - 18.42.1044.1 MCDONALD'S 1,073.86 512.49 561.37 12/02/2003 527.53 - 16.31.0822.1 MCKAY, JOHN 99.94 40.16 59.78 12/1 6/2003 79.33 - 17.33.2556.1 MCLEAN, BRANDON 40.50 40.16 .34 12/29/2003 44.00 . 16.32.0454.3 MCLEAN, JACK & BOB 94.74 51.44 43.30 12/10/2003 70.00 . 17.34.0968.2 MEHOLCHICK, VICKY 147.50 76.52 55.42 15.56 11/21/2003 150.00. 16.31.3304.2 MERCER, APRil 153.63 153.63 02/1112003 71.00 . 17.33.0238.2 MERRELL, DEAN 27.63 25.12 2.51 12/31/2003 25.12. 16.31.2310.2 MEYER, SHERYL 99.63 35.98 43.26 20.39 11/18/2003 10.00. 14.19.1708.2 MICHAS, JAMES 129.14 60.70 58.04 10.40 10/03/2003 157.52. 14.14.3526.2 MILICH, KIMBERLEE 115.24 73.54 41.70 12/17/2003 40.72 . 18.42.1164.1 MilLER, AMBER K 35.44 35.16 .28 12/29/2003 35.00 . 16.31.3414.1 MILLER, CHARLES & SHELLEY 139.96 65.24 74.72 12/15/2003 70.80- 17.34.1938.3 MILLER, DON 61.62 28.88 32.74 09/12/2003 60.00 - 14.19.0284.2 MILLER, PAULA & ALLAN 42.13 38.92 3.21 01/06/2004 39.00 . 8.08.0304.2 MillS, JOHN 72.14 68.22 3.92 16.31.3512.2 MlESO, EVANS & SARA 163.00 102.84 60.16 12/10/2003 49.38 . 14.20.0198.1 MONETTE, KEVIN & LINDA 38.36 36.40 1.96 12/16/2003 35.42 - 9.09.0118.2 MONTGOMERY, HENRY & TERE 76.28 35.30 40.98 11125/2003 40.00 - 15.22.2088.2 MOODY, SHAIN 60.41 32.64 27.77 01/02/2004 34.44 - 16.32.0816.1 MOORE, RICK T. 88.30 46.44 41.86 12/16/2003 60.48 - 14.14.9046.1 MOORHOUSE, DAVID & STEPH,t 104.06 155.24 48.82 12/02/2003 50.78 - 6.06.9590.2 MORGAN lAUREL 61.08 ;26.23 34.85 11/12/2003 65.58 - 18.42.2368.2 MORRIS, PAUL 107.42 .42.68 64.74 12/15/2003 67.68 . 7.40.0268.1 MORRISON, JAMES & DIANE 58.60 ,57.20 1.40 12/16/2003 49.48 . 16.32.0654.1 MORRISON, MICHAEL & BENICI, 162.21 74.00 87.56 .65 12/16/2003 88.00 . 15.21.2222.1 MORRISON, ROBERT & CORINt\ 58.28 35.16 23.12 11/12/2003 60.00 . 17.34.0500.1 MOURITSEN, LAYNE 152.60 96.40 56.20 12/17/2003 80.00 . 8.08.1096.2 MURPHY, DAVID & LARll YNN 110.60 63.74 46.66 12/02/2003 44.90 . 14.19.6506.2 MUSICK, LYLE 54.77 54.00 .77 12/09/2003 89.00. 16.32.1606.2 NASIATKA, JEFFREY 97.00 62.64 34.36 12/17/2003 35.00 - 15.21.2904.2 NAULT, TIM & MICHELLE 81.60 35.16 46.44 12/11/2003 59.18 - 14.19.0046.2 NEITZELL, JAMES & HEATHER 112.26 76.44 35.82 01/06/2004 25.00 - 16.31.0508.2 NELSON JOHN H. 54.98 28.88 26.10 11/14/2003 29.Q4 - 18.42.2704.1 NICKELL, TROY 74.24 38.92 35.32 12/01/2003 66.58 - 14.19.0298.2 NOBLE, GEORGE & DIANA 57.24 27.64 29.60 10/30/2003 68.36 - 16.32.1758.1 NORRIS, GlENA 45.18 43.92 1.26 12/12/2003 100.00 - 18.42.4302.2 OGDEN, NATHAN & HEATHER 85.36 38.92 46.44 11/24/2003 66.84 . 14.20.1396.1 OGLESBEE, DAVID & MARITA 79.50 28.88 50.62 11/17/2003 115.81 - 16.16.3302.2 O'HARE, JUDITH 246.04 126.52 119.52 12/03/2003 180.00 - 17.34.2880.1 OHNSMAN, RICHARD 54.00 25.12 28.88 11/24/2003 27.90 - 16.32.1400.1 OlSEN,ZEB 35.36 35.16 .20 12/16/2003 35.00 - 15.22.1432.3 OSWALD, BRANDON & AUTUMt\ 218.68 62.68 78.00 78.00 10/24/2003 84.70 - 16.32.0818.1 OWSLEY, LINDA LOU 67.08 51.44 15.64 12/10/2003 65.00 - 17.34.1676.1 PADACA, VERNON 54.98 25.12 29.86 12/02/2003 54.36 - 15.21.2230.1 PAGE, LINDA 51.98 31.40 20.58 12/31/2003 66.00 . 17.34.0730.1 PAKISH, DONNA 33.64 32.64 1.00 12/02/2003 55.66 . 17.33.3668.4 PALMER, MIKE 79.98 40.16 34.76 5.06 10/29/2003 31.33. 15.21.2732.5 PALMER, TROY 123.58 38.92 84.66 12/01/2003 150.32. 15.21.3011.1 PARKWOOD MEADOWS HOMEC 114.76 3.48 41.70 69.58 10/21/2003 146.56 . 15.15.0524.1 PATTEE. RICHARD & ROSIE 89.70 53.96 35.74 12/15/2003 72.00. 16.32.1626.2 PAYNE, LARRY & KRISTY 90.10 42.68 47.42 12/02/2003 47.42 . 15.22.2576.2 PETERSEN, RONALD & DANA 97.62 46.44 51.18 12/01/2003 102.20 . 16.32.0690.2 PETTERSON,KENNETH 148.34 100.16 48.18 12/22/2003 56.00 . ... in Msg column indicates no Notice is to be sent C CITY OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers Jan 06, 2004 03:40pm Current Period: 01/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pm! Cust No Name Balance Non,Delinq 11/20/2003 10/20/2003 09/20/2003 Date Amount 16.31 .2220.4 PFAFF, CHRISTOPHER 115.36 96.48 18.88 12/1712003 100.00 - 16.32.0490.4 PFAFF, CHRISTOPHER & KRIST 91.69 58.88 32.81 12/17/2003 36.00 - 15.21.3022.3 PHILLIPS, SCOTT & MELANIE 83.92 80.28 3.64 11/06/2003 100.00 - 17.34.1302.2 PIERCE, LINDA 236.26 96.48 79.20 60.58 11/14/2003 91.81. 15.22.1526.1 PIERCE, TANYA 75.38 35.16 40.22 12/16/2003 40.22 . 18.42.3002.1 PIETE, WILLIAM 38.93 38.92 .01 12/10/2003 61.31 - 14.14.1040.1 PIONEER HOME 22.70 19.22 3.48 15.21.1086.2 PITCHER, MIKE& CHRISTA 152.78 84.04 68.74 12/16/2003 66.00 - 15.22.0866.1 POLLARD, RONALD 166.62 87.80 80.62 12/16/2003 150.00 - 15.21.3062.1 POWELL, GREG & CATHERINE 167.80 97.76 70.04 12/17/2003 117.68- 15.21.2990.5 PRICE, HUBERT 246.90 80.20 85.64 81.06 11106/2003 93.00 - 10.10.0068.2 PRIESS, JENNIFER 115.60 56.78 59.02 12/16/2003 52.16 - 17.34.3330.1 PRITIKEN, ROGER & TERESE 54.67 36.40 18.27 11/1712003 130.00 - 18.42.2112.2 PROUTY, CLAYTON 59.88 25.12 34.76 12/16/2003 66.72 - 18.42.2070.5 PUETT, KATRINA 89.30 32.64 56.66 11/26/2003 105.35 - 17.34.1172.1 QUARNBERG, CARL & DOROTH 109.78 55.20 54.56 12/17/2003 60.00 - 15.21.1476.2 QUINTANA, LOUIS 46.18 21.36 24.82 12/17/2003 30.00 - 16.31.0226.3 RABEHL,RANDY 72.64 32.64 40.00 12/16/2003 40.98 - 15.21.2766.1 RANDALL, GLENDA 78.48 31.40 47.06 11/17/2003 85.30 - 16.31.3532.3 RASH, LARRY & VIOLET 97.62 46.44 51.16 12/16/2003 49.22 - 15.21.1754.2 RASMUSSEN, DANIEL & JENNIF 31.70 28.88 2.82 12/15/2003 100.00 - 16.16.3001.1 RATCLIFFE INVESTMENTS 20.88 20.88 8.08.1076.2 RAUSCH, STEVEN & STACI 57.20 54.26 2.94 12/29/2003 42.94 - 16.32.0101.1 REALTY EXECUTIVES 31.46 3.46 27.98 11/14/2003 116.18- 17.33.0306.1 RECORDS, KENNETH & MARIL Y 42.60 20.81 21.79 11/17/2003 20.81 - 14.20.3212.1 REDFORD, KENNETH & TRESA 80.50 48.54 31.96 12/02/2003 35.42 - 16.31.0840.1 REED, CAROLYN 54.00 25.12 28.88 12/16/2003 36.59 - 15.21.2704.4 REEDER, STEVEN & EILEEN 69.68 46.44 23.24 12/02/2003 17.64- 16.32.1318.3 REEDER-GRAY, JULIE 75.58 32.64 42.94 12/02/2003 39.02 - 16.31.0144.2 REEVES, TONY A 79.34 36.40 42.94 11/24/2003 43.92 - 18.42.2620.1 REYNOLDS, PATRICK T 76.04 31.40 44.64 12/1112003 31.28 - 17.33.4578.1 RHINEHART, DOUG & MARY 85.38 38.92 44.64 1.82 12/17/2003 45.00 - 16.31.2286.3 RICH, CORY 343.75 125.40 64.50 81.16 72.69 11/14/2003 25.00 - 17.33.2348.1 RIPOLL, RHONDA 46.48 21.36 25.12 11/14/2003 26.10 - 15.22.2072.2 ROBERTS, CATHERIN 17.75 17.75 11/21/2002 53.25 - 15.21.3080.1 ROBERTS, JAY 90.92 28.88 62.04 12/02/2003 180.79 - 13.13.8448.2 RODMAN, RON 94.32 50.50 43.82 12/02/2003 44.00 - 17 .34.1982.1 RODRIGUEZ, RODGER 169.25 100.32 68.93 12/15/2003 50.00 - 14.14.4466.1 ROPER, JACK & LAURY 95.70 49.26 46.44 12/02/2003 44.18 - 6.06.2060.2 ROUSE, GARY & DEBRA 32.93 29.01 3.92 01106/2004 22.59 - 14.20.1864.1 ROWLEY, HELEN 37.38 36.40 .98 12/29/2003 38.36 - 14.20.2042.1 SANCHEZ,DANEEN 139.52 75.20 64.32 12/17/2003 74.12 - 13.13.8858.2 SANDERS, KIM 94.42 51.48 42.94 12/11/2003 47.84 - 17.34.1078.2 SAVELBERG, DOYLE 96.53 28.88 33.62 34.03 12/22/2003 28.00 - 9.09.0098.1 SAWTOOTH HOMES 39.66 22.06 17.60 11/14/2003 35.07 - 14.19.0330.2 SCHAEFFER, RITA & CHARLES 94.84 46.44 48.40 11/26/2003 46.44 - 16.32.0978.1 SCHEIDELER, COLETTE 111.04 36.40 74.64 11/21/2003 141.31 - 16.32.0902.6 SCHEINFELD, MARK 252.10 109.24 40.82 102.04 10/13/2003 5.53 - 18.42.3050.1 SCHOLZ,LESLlE 149.70 68.92 39.90 40.88 11/19/2003 74.64 - 15.21.1870.1 SCHOPPELREY, DOUGLAS & C/ 119.34 50.20 64.08 5.06 12/15/2003 74.86 - 17.34.1054.1 SCHRADER, ERIC 41.14 36.40 4.74 01106/2004 36.40 - 1 7.34.2144.2 SCHRANK, THOMAS 149.33 77.68 58.14 13.51 12/17/2003 50.00 - 16.32.0622.4 SCHUSTER, BILL & LESLIE 91.08 46.44 44.64 12/16/2003 77.39 - 15.22.1636.4 SCOTT, CHUCK & TIFFANY 153.78 109.56 44.22 12/04/2003 103.93 - 17.33.2406.1 SEEBERGER,GREG 99.12 47.68 51.44 12/09/2003 51.44 - ... in Msg colu mn indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List. council Page: 9 Standard Payment Customers Jan 06, 2004 03:40pm Current Period: 01/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last pmt Cust No Name Balance Non,Delinq 11/20/2003 10/20/2003 09/20/2003 Date Amount 17.34.2784.1 SEVER, JASON W 84.08 40.16 43.92 12116/2003 42.94 - 15.21.0034.1 SHAFER, JERRY 199.70 193.34 6.36 12123/2003 80.00 . 16.32.0970.4 SHEARER, JOE & RENEITA 118.68 72.68 46.00 12/16/2003 175.00 - 15.21.2784.1 SHEilDS, OPAL 69.04 32.64 36.40 12/02/2003 36.40 - 18.42.2526.1 SHELTRON, ROGER 120.88 38.92 56.24 25.72 12/15/2003 36.40 - 17.34.1178.2 SHERBURNE,BROOKE 71.16 28.88 42.28 11/17/2003 159.89 - 15,21.0208.1 SilSBY, TERRY 92.90 50.12 42.78 12/17/2003 70.00 - 13.13.2036.2 SIMON,DARCI 142.54 95.28 47.26 12/17/2003 50.06 - 15.21.2836.2 SINGLETON, RODNEY 174.54 86.48 55.50 32.56 12/16/2003 50.00 - 17.34.1948.2 SKAMATO, JAMES 31.60 27.64 3.96 10/24/2003 65.38 - 18.42.1778.1 SKELTON, JASON 32.77 32.64 .13 12/10/2003 39.05 - 16.32.0962.2 SLUDER, MELISSA 39.62 32.64 6.98 12102/2003 90.00 - 18.31.3562.3 SMITH, JUSTIN & TAMMY 81.30 36.40 44.90 12/12/2003 47.78 - 15.21.2668.1 SMITH, LISA 83.56 38.92 44.64 1210212003 53.46 - 7.40.0112.2 SODERLlNG, DIRK & DIXIE 110.36 70.04 40.32 12123/2003 35.42 - 9.09.0302.1 SOTO, VICTOR JR 66.08 43.80 22.28 11/17/2003 3.48- 16.32.1686.3 ST GEORGE, JASON 81.07 58.88 22.19 12103/2003 100.00 - 17.34.3316.1 STADLER, STEPHEN & HEATHE 69.46 32.64 36.82 12/16/2003 55.00 - 15.21.0502.1 STANPHill, CYNTHIA 75.06 31.40 43.66 11/25/2003 74.04 - 15.22.1152.3 STEMPLE, CORY & GRAM, lORI 143.40 74.00 69.40 11/24/2003 110.25 - 6.06.1292.2 STEVENSON, KEVtN 54.54 29.99 24.55 1210212003 22.59 - 6.06.9984.1 STIFFLER, PHILIP 50.78 29.01 21.77 12101/2003 18.83 - 15.21.0152.2 STODDARD, NORMAN 53.34 50.20 3.14 01/02/2004 ' .,' 45.32 - 14.14.3456.1 STONE, JEREMIAH 184.16 100.76 41.70 41.70 12/04/2003 48.18 - 16.31.1060.1 STRONG, EARNEST 286.86 31.24 33.20 222.42 08/20/2003 42.00 - 15.21.2922.3 STUART, DEAN & DIANE 257.40 177.96 79.44 1211712003 ',67.10- 17.34.0712.2 STURTEVANT, BOB 156.82 66.48 90.34 12/02/2003 '95.24 - 7.40.0022.2 SUMIETKOWSKI, VALERIE 86.22 47.30 38.92 11/21/2003 37.94 - 9.09.0276.1 SUPERIOR HOMES 43.36 28.60 14.76 12/02/2003 3.48 - 17.34.2702.1 SWARTZ, DANIEL 72.88 51.44 21.44 11/25/2003 80.46 - 18.42.3140.2 TAMAZ, MARIBEL 37.07 35.16 1.91 12/01/2003 2.00 - 15.21.0496.1 TAPPERT, JANICE 83.72 38.92 44.80 12/11/2003 37.94 - 6.06.9118.2 TAYLOR, DANIEL & TANIA 67.73 32.93 34.80 12/02/2003 30.00 - 14.20.1964.2 TECOINVESTMENTS 111.80 23.88 87.92 11/14/2003 84.00 - 16.31.2314.2 TEIXEIRA, MICHELLE 98.42 35.16 35.16 28.10 11/14/2003 40.00 - 14.14.5003.2 TENNEY. STEVEN 75.92 38.80 37.12 12/02/2003 39.08 - 17.34.0432.1 TERRIQUEZ, FRANCISCO MAGt 133.96 32.64 101.32 12108/2003 99.16 - 16.31.3514.2 TERRY, DOUG & WENDY 86.41 39.84 43.76 2.81 09115/2003 86.28 - 16.31.0798.3 THIEMANN, CHRIS 82.44 40.16 42.28 12116/2003 48.11 - 14.20.1742.1 THOMAS, RIKKI 43.66 42.68 .98 12/02/2003 38.92 - 16.32.1558.4 THOMPSON, GARY 95.54 43.92 51.44 .18 12/17/2003 50.00 - 14.19.4458.5 THURBER, RICK 46.20 22.06 24.14 12111/2003 49.13 - 18.42.2608.1 TONEY, RICHARD & ROBIN 112.18 68.92 43.26 12/12/2003 60.00 - 18.42.1216.1 TOROK. ZSOl T 27.66 27.64 .02 12116/2003 60.82 - 7.40.0054.2 TRACY, DANIEL & KAREN 261.86 105.16 156.70 1 2/16/2003 69.96 - 9.09.0050.2 TRUCHOT, DARREN & CINDY 81.32 37.82 43.50 11/19/2003 85.86 . 15.21.1174.1 TWADDLE, DAVID 100.56 46.44 54.12 12/16/2003 59.02- 17.33.1422.1 TYLER TORKELSON 57.76 25.12 32.64 12/01/2003 36.40 - 17.33.1420.1 TYLER TORKELSON 72.80 32.64 40.16 12101/2003 36.40 - 8.08.1012.2 ULIBARRI, VINCENT & KARlENE 76.38 50.50 25.88 1211012003 65.88 - 15.22.0918.2 ULLRICH, JENNIFER 40.84 40.16 .68 12/1612003 47.00 - 7.40.0340.1 VAtl, ROBERT 46.17 45.76 .41 12/11/2003 36.40 - 14.19.0108.2 VANDER HEIDE, DEBRA 56.92 17.60 39.32 12/10/2003 43.00 - 18.42.2106.2 VANLEUVEN, BRENDA 78.00 35.16 42.84 12/15/2003 56.56 - 6.06.1500.2 VARGO, MICHAEL & JACQUELlf\ 27.50 26.23 1.27 09/11/2003 50.00 - ... in Msg column indicates no Notice is to be sent ( CC ( / .. CITY OF MERIDIAN Delinquent Account List- council Page: 10 Standard Payment Customers Jan 06, 2004 03:41 pm Current Period; 01/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pm! Last Pmt Cust No Name Balance Non-Delinq 11/20/2003 10/20/2003 09/20/2003 Date Amount 17.34.2856.2 VAUGHAN,DOLORES 80.12 35.16 44.96 11/17/2003 53.78 - 16.31.3234.2 VEGA, CRISTOBAL 197.19 3.48 7.40 186.31 15.21.1032.1 VELADA, FEDERICO 78.82 38.92 39.90 12/29/2003 79.70. 16.32.1406.2 VICKERS, BETTY 91.60 47.68 43.92 15.21.0080.1 VINCENT, SPARKY 27.58 27.48 .10 11/21/2003 534.39 - 16.31.3556.2 VOGT, STELLA 132.12 80.20 51.92 12/17/2003 85.00. 16.31.0862.2 WALKER, BRYCE 86.34 42.68 43.66 12108/2003 92.06 . 17.34.2142.4 WALKER, BRYCE 71.98 36.40 35.58 1211 0/2003 34.60 - 14.20.1392.1 WALKER, DAVID 102.36 57.72 44.64 12/1 2/2003 43.66 - 15.22.1734.1 WALTERS, J. SCOTT 82.74 43.92 38.82 12/16/2003 50.00 - 8.08.0001.1 WANDA'S MEADOWS CORP HO. 53.02 3.48 49.54 12/16/2003 98.16 - 14.20.1846.1 WARE, MICKEY L. 92.86 23.88 68.98 12/16/2003 76.82 - 15.21.2698.1 WARREN, WESLEY 89.62 21.36 68.26 01/06/2004 67.28 - 16.31.3388.1 WATSON, COREY S 87.02 40.16 46.86 12/02/2003 53.72- 14.20.0476.1 WAYNE & SANDY HOOVER 98.34 52.46 45.88 11/17/2003 43.92 - 18.42.0462.4 WEBB, HENRY & CHERRIE 94.32 53.96 40.36 01106/2004 40.00 - 15.21.2192.3 WEBER, THOMAS 122.96 61.48 61.48 11106/2003 122.80 - 14.19.1298.1 WEIR, DUANE & JOANNE 36.42 36.02 .40 12/16/2003 40.32 - 15.22.1238.1 WEISS, DAVID M. 102.78 50.20 52.58 12/16/2003 55.00 - 15.21.1412.2 WEISWEAVER, CHARLES 85.06 51.44 33.62 12102/2003 79.85 - 15.22.1466.1 WELCH, RODNEY 104.32 46.44 57.88 12/12/2003 69.64 - 14.20.3210.1 WENICK, ALLISON 83.62 35.30 48.32 11/18/2003 91.61 - 14.14.4446.4 WERHANE, WILLIAM 32.52 31.54 .98 12/16/2003 23.32 - 18.43.0590.2 WERRY, KEVIN 63.32 30.68 32.64 11/21/2003 30.68 - 16.31.0010.3 WEST, TOBERT & JONI 75.50 35.79 39.71 12/08/2003 42.65 - 18.42.2284.1 WESTBY, L. MIKKI 89.36 61.40 27.96 12/23/2003 70.00 - 9.09.0196.1 WESTROCK HOMES 38.68 21.08 17.60 12/16/2003 35.07 - 18.42.2492.1 WHITE, T AMElA 134.32 76.44 57.88 12/17/2003 53.46 - 10.10.0602.1 WHITNEY HOMES 38.68 21.08 17.60 11/24/2003 21.36 - 16.31.1270.3 WIDDOWSON, MARK & JUDY 75.24 17.60 57.64 11/17/2003 264.02 - 16.31.3066.2 WIEDERICH, RYAN 99.74 58.96 40.78 12/10/2003 58.82 - 16.32.0618.2 WilKERSON, JASON 69.50 40.16 29.34 12/16/2003 50.00- 17.33.2346.2 WilLIAMS, DARREL 75.58 32.64 42.94 12/16/2003 41.96- 16.32.1252.2 WilLIAMSON, DALE 77.66 55.20 22.46 12/15/2003 50.00 - 15.21.2184.2 WilSON, BRADl Y 98.28 42.68 55.60 12/10/2003 55.60- 15.21.0250.1 WING, DONNA 102.38 47.68 54.70 12/01/2003 44.90 . 16.32.0500.3 WOLF, STEVEN 83.58 32.64 50.94 12/16/2003 93.08 - 14.19.1108.1 WOOD, PATRICIA 38.90 38.80 .10 12/02/2003 32.28 - 14.14.5007.2 WORCHESTER, WES & SUSAN 106.95 47.56 56.32 3.07 11/12/2003 31.69 - 6.06.9700.2 WRIGHT, DENNIS & ALICIA 59.28 31.95 27.33 11/26/2003 26.35 - 16.32.1632.1 WRIGHT, MICHAEL & SUSAN 84.08 43.92 40.16 12/15/2003 40.16 - 15.21.1052.1 WRIGHT, TRAVIS 119.45 42.66 76.77 12116/2003 98.00 - 16.31.3248.2 YOUNG,REBECCA 60.63 36.40 24.23 11/24/2003 67.41 - 14.14.4462.2 ZAMPERINI, PETE & SHERYL 91.10 41.16 49.94 11/17/2003 77.98 - Grand Totals: 54,029.07 26,723.72 21,850.07 3,536.76 1,918.52 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