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Home My WebLink About2004-06-15 ( CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, June 15, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Bill Nary X Charlie Rountree Y Keith Bird A- Mayor Tammy de Weerd Adoption of the Agenda: .l'tftfV~ 2. 3. Recommendations from the Traffic Safety Commission ~by John, eve. torr. jJ ti jI 1JYt.- re C07>'1 ~cfcW7~ Iv #Crt)j (*10 minutes) 4. Discussion of Open Bumina Amended Ordinance: (* 10 minutes J p.&-c:.e err- 15 -;12- -0 4- c I c:.. age h d. Ct-' Process Improvement Update by P&Z: /lY'1Z~ftcL- /Jrvn-a..PtJ'w~ j- . View "Every 15 minutes" Tape: CJffl~ /UAA-Ii 7dfj/pl- ': pre kn.-f.e..tL/ 5. 6. * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - June 15, 2004 Page 1 of 1 All materials presented at pubHc meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact Ihe City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. '~'i'-. ~ 0 r CITY OF l:!!..":> \...../VI erldlCrn MAYOE Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/ fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/ fax 888-6854 Police 1401 E. Watertower Lane 888-6678/ fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/ fax 898-9551 - Building 660 E. Watertower Lane Sui te 150 887-2211 / fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/ fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/ fax 884-1159 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, June 15, 2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: Recommendations from the Traffic Safety Commission by John Overton - Discussion of Open Burning Amended Ordinance Process Improvement Update by P & Z View "Every 15 Minutes" Tape The public is welcome to attend the meeting. DATED this 11th of June, 2004. - - - - CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLEHK-E\X RRR.4218 HL%\N HESOUHCES -J'i\X 8R4.R723 FINANCE & UTILITY BILLING -1'i\X 88 7.4813 ~IAYOH'S OFFICE- E\X 884.8119 June 11,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 15, 2004 -3 ITEM NO. REQUEST Recommendations from the Traffic Safety Commission by John Overton 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. June-ll, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 15,2004 .4- ITEM NO_ REQUEST Discussion of Open Burning Amended Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached AJ/J( b/~~ yJ!{)J ~ [Cf r!jc <.t vi ~ Confacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. June 3. 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 8. 2004 ITEM NO. REQUEST Discussion of Open Buming Amended Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached / ,ro pJ)i/ /0 II( j1~~ IUV ,\~ (~,.~ ~ (f Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public mee"ngs shall become property of the Clly of Meridian. WHITE PETERSON KEVIN E. DINIUS JULIE KLEIN FISCHER CHR1STOPHER D. GABBERT WM. F. GIGRAY, III T. GUY HALLAM H JILI"S. HOLINKA JOHN R. KORMANIK . WILLIAM A. MORROW WILLIAM F. N1CHOLS" William G. Berg, Jr., City Clerk Meridian City Hall 33 East Idaho 8t. Meridian, Idaho 83642 ATIORNEYS AT LAw WHITE PETERSON, P.A. CANYON P ARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 May 19,2004 Re: Open Burning Amended Ordinance Dear Will: RECEIVED MAY 1 ~ 2004 City Of Meridian City Clerk Office Attached you will find the ordinance pertaining to the Open Burning Amended Ordinance for the City of Meridian. Please place this ordinance upon one of the upcoming City Council regular agendas for approval and passage. Additionally, I have attached the Summary Ordinance and cover letter on this matter. If you have any questions or need anything further with regard to this ordinance, please advise. Very truly yours, em Wm. F. Nichols Z:\Work\M\Mcridian\Mcridian I 5360M\Ordinances City Hall\2004 Ord\Berg Open Burning Amended Ord LTR 05 19 04.doc CHRISTOPHER S. NYE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE ... . Also admitted in C .. Also admitted in C .** Also admitted in V CITY OF MERIDIAN ORDINANCE NO. 04- BY: AN ORDINANCE AMENDING THE FOLLOWING SECTIONS, SECTION 4 PROHIBITION AGAINST OPEN BURNING AND SECTION 6 PERMITS TO CHAPTER 2 TITLE 5 OPEN BURNING, AND TO SECTION 4 DEFINITIONS, SECTION 5 AIR QUALITY DESIGNATIONS AND ALERT CRITERIA, AND SECTION 12 PENALTY OF CHAPTER 3 TITLE 5; TO PROVIDE FOR SUBSECTIONS A. AND B. WITHIN SECTION 4 AND TO PROVIDE FOR ADDITIONAL LANGUAGE WITHIN SECTION 6 CHAPTER 2 TITLE 5; AND TO PROVIDE FOR DEFINITIONS FOR AIR QUALITY INDEX, OPERATOR, AND PERMIT HOLDER, AND TO ELIMINATE LANGUAGE WITHIN SECTION 4, IN SECTION 5 TO PROVIDE FOR THE ADDITION AND ELIMINATION OF LANGUAGE WITHIN SUBSECTION A, TO DELETE THE EXISTING SUBSECTION B. AND TO ADD A NEW SUBSECTION B. AND c., AND IN SECTION 12 TO PROVIDE FOR THE ADDITION OF ENFORCEMENT IN THE TITLE OF THE SECTION AND TO ELIMINATE AND ADD LANGUAGE IN SUBSECTION A., AND TO PROVIDE FOR NEW SUBSECTIONS B. AND C. TO CHAPTER 3 TITLE 5 FOR THE CITY OF MERIDIAN, IDAHO; PROVIDING FOR CONFLICT, VALIDITY, SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Section 4 Chapter 2 Title 5 Prohibition Against Open Burning ofthe Meridian City Code, be, and the same is hereby amended and shall now read as follows: 5-2-4: PROHIBITION AGAINST OPEN BURNING: Except as allowed under Section 5-2-5 of this Code: A. No person shall build, ignite, or maintain any outdoor fire of any kind or character, or for any purposes whatsoever., subject to Section i.2....i at this Chapter. Page 1 of7 C:\Documents and Settings\grecnt\Local Settings\Temporal'Y [nlemet Files\OLKI 88\Open Burning.doc B.' No burning permit holder shall build, ignite. or maintain any outdoor fire of any kind or character, or for any purposes whatsoever, during an air quality aleri issued per the MERIDIAN CLEAN AIR ORDINANCE, subiect to Section 5-2-5 of this Chapter. SECTION 2: That Section 6 Chapter 2 Title 5 Pennits of the Meridian City Code, be, and the same is hereby amended and shall now read as follows: 5-2-6: PERM:ITS: A. Contents: All permits must contain the following: 1. Name, address, business and home phone of permittee. 2. Location of proposed burning. 3. Fire district where proposed burning is to occur. 4. Conditions under which burning is to be allowed. The Fire Chief shall develop such conditions as reasonably necessary to provide for safe burning. Provided, however, that no burning shall be allowed during an air pollution alert as defined in Section 5-3-5 of this Code. 5. Signature of issuing officer. 6. Signature of permittee. B. Agricultural Burning Permits: Agricultural burning permits may be issued for the following periods oftime: February 15 to May 31 or July 15 to October 15. A permit issued for one time period is not valid for the other time period; however, a permit may be issued covering both periods. Permits for either or both buming periods can be issued by the local Fire Chief or his designated representative. C. Ditch And Fence Row Bum Permits: Ditch and fence row bum permits may be issued allowing buming between February 15 and October 15. SECTION 3: That Section 4 Chapter 3 Title 5 Definitions of the Meridian City Code, be, and the same is hereby amended and shall now read as follows: 5-3-4: DEFINITIONS: For the purpose of this Chapter, the following terms, phrases, words, and derivations all have the meanings given herein. The word "shaU" is always mandatory and not merely directory: Page 2 of7 C:\Documents and Settings\greent\Local Setlings\Temporary Internet Files\OLKl88\Open Burning.doc AIR POLLUTION: The presence in the outdoor atmosphere of any contaminant, or combinations thereof, in such quantity or of such nature and duration and under such conditions as would be injurious to human health or welfare, to plant or animal life, or to property, or to interfere unreasonably with the enjoyment of life or property. AIR QUALITY INDEX (AQI): A system used by the Idaho Department of Environmental Quality (DEO) to report, daily air pollution levels to the public. Monitored air pollution levels are converted to a uniform scale ranging from 0 to 500 with the pollutant that has the highest ambient concentration measured in a given area determining the AOI. BUILDING: Any structure, dwelling, office, industrial plant, garage or barn, whether publicly or privately owned or any other "structure" as defined by the Uniform Building Code as adopted in Title 10, Chapter 1 of this Code. BURN DOWN: That period of time following an air pollution alert required for the cessation of combustion within solid fuel heating appliances or any outdoor fires or burning or incineration included within this Chapter. CLEAN BURNING APPLIANCE: A solid fuel heating appliance that has been certified as clean burning by either the Oregon Idaho Department of Environmental Quality or the United States Environmental Protection Agency and has been placed on the list of approved clean burning appliances maintained by the City Clerk. ECONOMIC HARDSHIP: Fifty percent (50%) or less of Ada Countis median income as established by the U.S. Department of Housing and Urban Development. FIREPLACE: A residential solid fuel burning device with an air-to-fuel ratio of greater than thirty (30) which is a pennanent structural feature of a building. A fireplace is made up of a concealed masonry or metal flue and a masonry or metal firebox enclosed in decorative masonry or other building materials. A residential solid fuel burning device which is freestanding or which is installed into an existing "fireplace" opening is not included in the definition of 11 fireplace" . REA T OUTPUT: The British thermal unit (Btu)/hour output of a solid fuel heating appliance measured under the testing criteria as adopted by the Ada County Development Services Department. OPEN BURNING: The combustion of any material not contained in a heating appliance or incinerator. OPERATOR: Any person owning solid fuel burning equipment, or who is responsible for placing fuel into a solid fuel burning device. fireplace, or incinerator. Page 3 of7 C;\Documents and Settings\greent\Local Sellings\Temporary Internet Files\OLKI88\Open Burning.doc PARTICULATE MATTER: Any gas-bome particles resulting from various air pollution sources. incomplete combustion, consisting predominantly, but not exclusively, of carbon and other combustible matter. PERMIT HOLDER: Any person issued a City of Meridian burning pennit. PERSON: Any individual, firm, partnership, association, corporation, company, organization or governmental entity. REFUSE: All solid waste, garbage, and rubbish, including but not limited to cardboard, plastic, rubber, styrofoam, petroleum products, foodstuff, Christmas trees, yard debris, or chemically treated wood. REFUSE INCINERATOR: Any device designed or operated to reduce the volume of refuse. Natural gas-fired pathological incinerators are excluded. SOLE SOURCE: One or more solid fuel heating devices which constitute the only source of heat in a building for the purpose of space heating. No solid fuel heating device(s) shall be the sole source of heat if the building is equipped with a permanently installed furnace or heating system designed to heat the building that is connected or unconnected from its energy source, utilizing oil, natural gas, electricity or propane. SOLID FUEL: Any form of untreated wood or coal. SOLID FUEL HEATING APPLIANCE: An enclosed device designed for solid fuel combustion that meets all of the following criteria: A. An air-to-fuel averaging less than thirty five to one (35:1); B. Firebox volume less than twenty (20) cubic feet; C. Minimum burn rate less than five (5) kilograms per hour; and D. Maximum weight ofless than eight hundred (800) kilograms. Explicitly excluded are furnaces, boilers, cook stoves, and open .fireplaces. SECTION 4: That Section 5 Chapter 3 Title 5 Air Quality Designations and Alert Criteria of the Meridian City Code, be, and the same is hereby amended and shall now read as follows: 5-3-5: AIR QUALITY DESIGNATIONS AND ALERT CRITERIA: Page 40f7 C:\Documents and Sellings\greent\Local Settings\Ternporary Internet Files\OLKI88\Open Burning.doc A: Determination: +fie Air quality within the City of Meridian!s-aH shall be determined by referencing daily area-wide pollutant levels, known as the area's air quality index, reported by the Idaho Department of Environmental Quality. monitoring pollutant levels in and/or around the City \'o'ith equipment and methods approved by the Idaho State Diyision of Environmental Quality_ B. Designations: The quality of ...^....da County's air shall be designated according to the following table, Y/here "PM 10" indicates particulate matter '""ith nn aerodynamic diameter less thnn or equal to ten (10) microns: Health Effect Designation PM 10 Concentrations 24 hour (uc/m3) Geed G---:W Moderate 51 150 Unhealthful 151 350 Very unhealthful 351 120 Hazardous ~ B. G.,. Air Pollution Alert: In order to prevent the existence of, or reduce the duration of, air quality that is unhealthfill, an air pollution tlalert" will be declared in effect whenever the State Division Idaho Depariment of Enviromnent Quality's air quality index reaches seventy- four (74) or higher for any pollutant within Canyon County, Ada County, or Elmore County, Idaho measures levels of PM 10 concentrations exceeding one hundred (100) micrograms per cubic meter (uc/m3) and forecasts air stagnation conditions are forecasted to continue continuing for at least twenty four (24) hours. C. Permit Holder and Operator Responsibilities: It is the responsibility of burning permit holders and operators of solid fuel heating appliances, fireplaces, or refuse incinerators, to monitor and be aware of the air quality index and air stagnation forecasts and to refrain from burning during an air pollution alert. Permit holders and operators may obtain the area's daily air quality index and air stagnation forecast by contacting the Idaho Department of Environmental Quality. SECTION 5: That Section 12 Chapter 3 Title 5 Penalty of the Meridian City Code, be, and the same is hereby amended and shall now read as follows: 5-3-12: ENFORCEMENT AND PENALTY: A. ...^.... violation of any of the pro'/isions of this Chapter or the failure or omission to perform any duty impooed by the provisions otthis Chapter is hereby declared unlmvful and punishable Page 5 of7 C:\Documents and Settings\greent\Local Settings\Temporary Internet Files\OLK188\Open Burning.doc as a misdemeanor. Enforcement: The City of Meridian's Fire Chief, Fire Marshal or his duly authorized representative and any law enforcement officer in the City of Meridian shall have the authority to enforce the provisions of this Chapter. B. Penalties: Each violation of any regulation hereunder or the provisions of any permit issued pursuant hereto shall be a misdemeanor and for each day said violation shall continue, shall constitute a separate offense hereunder. C. Punishment: Such violation is punishable by imprisonment in a County iail not exceeding six (6) months, or by a fine not exceeding three hundred dollars ($300.00) or both. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 8: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. SECTION 9: DATE OF EFFECT: This ordinance shall be in full force and effect after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2004. Mayor Tammy de Weerd ATTEST: City Clerk Page 6 of7 C:\Documents and Settings\greent\Local Settings\Temporary Internet Files\OLKI88\Open Burning.doc An Ordinance of the City of Meridian By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: STATE OF IDAHO,) : ss. County of Ada. ) On this day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instmment, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: Page 7 of7 C:\Documents and Settings\greent\Local Settings\Temporary Internet Files\OLK188\Open Burning.doc June 11, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 15, 2004 ITEM NO. 5 REQUEST Process Improvement Update by P&Z 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: ~cV -rrrl ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. June- 11,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 15,2004 6 ITEM NO. REQUEST View Every 15 minutes Tape AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~g)J Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. July 2,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 6, 2004 ITEM NO. REQUEST Approve minutes of June 15, 2004 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: wrr"~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the Clfy of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, June 15, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve 3. Recommendations from the Traffic Safety Commission by John Overton: Pass on Recommendation to ACHD (*10 minutes) 4. Discussion of Open Burning Amended Ordinance: Place on June 22, 2004 City Council Agenda (*10 minutes) 5. Process Improvement Update by P&Z: Presented 6. View "Every 15 minutes" Tape: Officer Mark Taylor: Presented * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - June 15, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. - Meridian City Pre-Council MeetinQ June 15.2004 The Meridian City Pre-Council meeting was called to order at 6:00 P.M. on Tuesday, June 14, 2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Bill Nary, Keith Bird, Shaun Wardle and Charlie Rountree. Staff Present: Gary Smith, Anna Powell, Bill Nichols, Kenny Bowers and Will Berg. Item 1. Roll-call Attendance: X Bill Nary X Shaun Wardle X Keith Bird X Charlie Rountree Mayor Tammy de Weerd X Item 2. Adoption of the Agenda: Bird: Mr. President. Nary: Mr. Bird. Bird: I move we adopt the agenda as published. Wardle: Second. Nary: It's been moved and seconded to adopt the agenda as published. All those in favor, say aye. ALL AYES. MOTION CARRIED. Item 3. Recommendations from the Traffic Safety Commission by John Overton: Nary: I think we had a written copy of that previously and Captain Overton isn't here at the moment. He may be trying to get across town. De Weerd: I have my - Mr. President. Nary: Madame Mayor. De Weerd: The Traffic Safety Committee is proposing that the recommendations of one cross walk at Black Cat and Moon Lake and two crosswalks from the southeast corner at Ten Mile and Ustick that these allow pedestrians who cross both west and east and north to south. It's been approved by the Traffic Safety Meridian City Pre-Council Meeting June 15, 2004 Page 2 of 11 . - Commission and the recommendation is for Mayor and Council to approve these recommendations. Bird: Mr. President. Nary: Mr. Bird. Bird: It doesn't - if I remember right, looking through that it didn't address Ustick and Linder, did it? And we have got a real problem coming up on Linder and Ustick there when that new Middle School opens. It's dire, dire need from, I believe, from the Middle School - well, probably from McMillan south to Chateau is really, I think, it's going to be pretty dangerous for kids walking. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: They have discussed it, but it is an issue between ACHD and the School District. I think that Bruce or whoever the ACHD representative that joins us tonight might be able to update us, but the last I knew is ACHD has committed to paving their portion of the right away to accommodate the kids to walk, but you know I don't think that's the ideal, either. There is not much of a shoulder and I don't know how much of the right of way will be paved. Bird: I don't see much of a shoulder there. I don't know if the rest of you guys - we have all been out there and looked at it. I am just really, really concerned because we have got a lot of subdivisions real close there that is going to be walking. The kids will be walking to school and you know those are sixth, seventh and eighth graders. I don't know, I really have got a concern on it. I mean we didn't add any crosswalk - I just wondered if (inaudible) at Safety Committee could make some suggestions that maybe would have a little weight with ACHD along with us. Nary: My only concern is I think of these two that are proposed, one of them I think is already at a corner, so there is already a stop sign there, but the other one at Moon Lake is in the middle of the block. I guess my only concern and it's a little bit different, I did speak to Mr. Mills very, very briefly today at the Chamber meeting and we were talking about the request for a crosswalk at Stoddard and they had a concern there as well - basically because and maybe when Captain Overton gets here we could talk about this some more, but the concern I have is that sometimes there is a false sense of security in having a crosswalk, so you need in addition to a crosswalk, you need some notice that there is a crosswalk ahead whether it's a sign, a yellow light but it is something like that and so I don't - I guess I don't disagree that a crosswalk would be beneficial at Moon Lake as you are suggesting and also as you are suggesting, Mr. Bird, over there towards the new Middle School it's just that, I guess, I just want to be sure with ACHD Meridian City Pre-Council Meeting June 15, 2004 Page 3 of 11 - that part of that includes some other safety precautions and it's probably obvious to them and it's probably something they would do automatically anyway in making that analysis and all we are doing is making a recommendation to them, but I guess that's part of what I hope maybe we can get from Captain Overton is some additional way to express that. In addition to a crosswalk, we want some other safety measures to make sure traffic is aware that people are there. Mr. Mills told me that they were already making that evaluation and that they have had to request regarding a crosswalk at Stoddard and then Overland, so ACHD was already looking at that. That's what (inaudible) measure could they do at that junction between now and 2007 when they were supposed to buy the road anyway. So, anyway, I don't have - I guess for me I don't have an objection to these two recommendations, I think you are right Mr. Bird we probably need to at least again ask Captain Overton to see if the safety committee could also make some evaluations or have some recommendations for us regarding the new Middle School as well. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: There is considerable effort going on right now in the area of safe routes to school. It will probably be a statewide initiative that's being looked at by a couple senators and the state legislature that something at ACHD is looking at and has had a program for a while, something the Department of Education and Health & Welfare also looking at, so possibly the guidance to the Safety Committee and his commission is to keep abreast of what's going on there and provide input to that particular exercise. I think what will happen is each community will do an evaluation of the kinds of things we are talking about right now with the exception of Stoddard and Overland, obviously, but the new Jr. High and all the schools and even the Black Cat, Moon Lake crossing is a potential crossing to get to the schools, so there will be some money in that program, so if our safety commission is on top of it and had some things in line they might be able to get some projects funded. Nary: That's great. That's great information. I guess, Council, what was being sought by this proposal today was, I guess a recommendation from us to forward that recommendation on to ACHD from us and the Mayor to consider putting those crosswalks at those two locations and again maybe with some additional information and additional recommendation regarding some safety measures along with that. I don't know if we need a motion or simply a unanimous consent that we are all in agreement with that. Rountree: I agree. Bird: I agree, whole-heartedly and I think you are right, President Nary, that if we need a blinking yellow light or something in those mid-stream crosswalks. Meridian City Pre-Council Meeting June 15, 2004 Page 4 of 11 - Wardle: Mr. President. Nary: Mr. Wardle. Wardle: I also agree with that and I also agree with the continued efforts of the committee to look at enhancing the safety of our pedestrians. Nary: So, I think we will forward that back to Captain Overton. I am sure the Mayor will take care of that. Item 4. Discussion of Open Burninq Amended Ordinance: Place on June 22,2004 City Council Agenda Nary: I think we had some suggestions last week, I think, Mr. Nichols has made those amendments as suggested, I think, in this. I don't know exactly what they were, so I don't remember specifically, but I see Mr. Nichols knows. Nichols: Mr. President, members of the Council, I think one of the issues was understanding how this all works and there were two ordinances or parts of the code that are being changed in this ordinance. The open burning ordinance and the air quality ordinance. So, if you look at it, it's disjunctive because it's in two separate chapters. So when you look at those two chapters together, the whole chapter then these things make sense, for example on the air quality chapter the City Clerk has the ability to certify that somebody only heats their home with a wood stove and so they are allowed to burn when other people can't use their chimney because they have alternative methods. So, there is - the week's delay was to give you an opportunity to see how those two things fit together. Nary: Thank you very much, Mr. Nichols. Council is there questions about the ordinance now and some of the issues that were brought up previously. Bird: Mr. President, I have none and I feel that we need to bring it forward and get it passed as the revised ordinance so that it is effective and I don't know if staff has any questions on it or if there is any questions from the Fire Department or anything on any of that if it's all agreeable to them. Bowers: Council President, Madame Mayor and City Council, Bill Nichols and myself discussed it at length and we do not have a problem with it. Bird: Okay. Bowers: The question last week was, I think, by Mr. Rountree was Mr. Bird did this have an affect with the equipment on the inside appliances and it does. It talks about, I think, 5-3-9 and 10 it talks about the appliances in the house. ( Meridian City Pre-CouncillV1eeting June 15, 2004 Page 5 of 11 . - Bird: I would think that we should bring it forward next week and get it passed if everybody is in agreement with that rewritten part of it. Rountree: Is that a motion? Bird: That would be a motion. Rountree: Second. Nary: It's been moved and seconded to move the open burning amended ordinance to our Council agenda June 22nd, Mr. Bird? Bird: Yes. Nary: -- 2004. All those in favor say aye. All ayes. So, it looks like we will put in on next week, Chief. ALL AYES. MOTION CARRIED. Item 5. Process Improvement Update by P&Z: Nary: It's nice to have Ms. Powell back? Powell: You may think so now, by the end of the night I might not have any voice. I just barely have one now. Nary: I guess we will see how your sign language is. Powell: There were two things that I wanted to give you an update on. One a real quick one on the, I think, Dave McKinnon mentioned a lot-split provision that and I will let you know what that was. The existing code does have provisions for the Public Works and Planning to kind of approve lot splits on already platted lots that already have services. It says that - what it says is that some of the subdivision requirements may be waved. If it's not a platted parcel if it's (inaudible) ground land basically then it says that it may also be appropriate to wave some of the subdivision standards on those properties, but only with Council approval. So, we - you will probably see in short order - I am sorry, backing up a little again. We have not been using that code to allow any. It's very discretionary and at this point we haven't allowed anybody to wave any of the subdivision requirements based on that bit of code. It was decided that it may be an appropriate time to go ahead and do that. We are working with the process improvement group with the new zoning ordinance to set more standards than the current ordinance has and to make those provisions available to developers for a one-time lot split. I think you are going to see one pretty quickly come up to the Council as a miscellaneous application for a one-time split of commercial and industrial property. At this point, in just my discussions with / ( Meridian City Pre-Council Meeting June 15, 2004 Page 6 of 11 - Brad Watson and then with the Mayor a little bit, we have decided that staff will only consider these four commercial and industrial properties, no residential properties at this point. No illegally split properties in the first place, so if they have already done an illegal split, which should have gone through the subdivision that we were intending to allow those to come through as a one-time provision either. We had a request come up recently for a condo plat with an already approved project, already approved building, they just want to condominium-ize for the spaces and that would be a good instance where we will just do it administratively basically because there is no need for additional subdivision requirements. The land use has already been approved. It's just a condominium plat, so there is no change in services or uses. Those are the instances so far that we have discussed about using this. We haven't been publicizing it very much, actually because we are hoping to get a few more standards in place before we are having to do this on a great number of parcels. We are working with COMPASS to set up a GIS layer so that we can track where we have done these. So, we are in the process of doing that as well. That was the first item. It looks like Bill wants to say something. No, okay. The second item was regarding conditional use permits as requirements for development agreements or planned developments and I believe last week you approved an amendment to a development agreement to not require conditional use approval for every use that went on a subdivision. Tonight you will be deciding on that subdivision, but the question has come up whether that may be appropriate on other properties as well. We do have a lot of subdivisions out there that have requirements for additional CU's with each development. Now some of them are related to just the development agreement; it was part of the annexation and zoning requirement as it relates to the comprehensive plan. The comprehensive plan does require, in some instances for mixed-use that they come through as conditional use permits. The other ones have been put on there as a requirement of the planned development because the code says that the planned development, if they are only doing conceptual approval needs to come back for detailed approval. So, that's where the other ones have come through. I think we have 13 or 14 different subdivisions that require different conditional use permits for different reasons. Some of the recent ones we have been trying to get away from just the blanket condition and I think you have seen that on like Silverstone Corporate Center as well as Silverstone Business Campus, EI Dorado and (inaudible--), we have only required conditional uses on some of the properties where there seems to be a sensitivity issue either to surrounding residential or other adjoining uses. That is the update. We are trying to be more proactive on the ones that are coming forward and I think you will see that tonight. You'll see another one where we haven't just (inaudible) required conditional use permit for each one. As staff, we have - we see it - the ones that are dictated by the comp plan as being a little more lenient than the ones that are dictated by code and we are not quite sure what to do with those. So, those are the issues related to that. As a general note, the process improvement group has been going through the zoning ordinance with great enthusiasm and detail and think we are really coming up with a neat document. It's a little bit slow /. ( ) Meridian City Pre-Council Meeting June 15, 2004 Page 7 of 11 . - going. They have agreed to extend their hours a bit. So, we are trying to get through it and we are still trying - I am still pushing for that January 1 st adoption, but it's getting close and we need to get through there and get some drafts done. That's the end. Nary: Council, any questions? Bird: I have none. Rountree: Sounds great. Bird: Sounds good. Nary: Sounds really great. Thank you. Item 6. View "Every 15 minutes" Tape: Officer Mark Taylor: De Weerd: Well, I see that Officer Taylor is here and perhaps he can introduce it before we show it and it is very intense. You know, Will's son, Brandon, took a look at it to make sure it was only 15 minutes and he came out of there just - he said I didn't know what I was going to be watching, so you do need to prepare yourself. Officer Taylor has spent a great deal of time in the logistics and organizing this and we sure appreciate, Mark, everything you did. It was a phenomenal project. Taylor: We were approached last October. I was the SRO at Meridian High School and a gentleman by the name of Jim Daily who is a captain at the privatized prison out south of town, Corrections Corporation of America. They had brought and had been approached by a national organization called "Every 15 Minutes". This was the first time that this had ever been introduced in the State of Idaho. The program focuses on kids between the ages of 13 and 1 9 and at the time that this program started, one child in that age group every 15 minutes was killed by an alcohol related accident. Fortunately, that number has been reduced now to one every 30 minutes, but it's still affecting our kids. So, what we did with this program was we set up a (inaudible) so that where kids were drinking and it was very, very realistic in the response by law enforcement, fire and paramedics. The plan was that we conduct this staged accident two days before prom at Meridian High School and to get the kids attention to hopefully prevent them from drinking and consuming alcohol prior to the prom. What you will see tonight is the actual accident scene. What you won't see is the following day. We filmed this on a Thursday and on Friday was a mock funeral for the kids that had passed away in this accident. None of the kids had any idea that any of this was going to happen. So, it really got their attention over a two- day span. It was focused on the junior and senior class. The freshmen and sophomores didn't participate. So, without any further ado - Meridian City Pre-Council Meeting June 15, 2004 Page 8 of 11 - De Weerd: I actually already have one in there. Taylor: Oh, do you, really? De Weerd: Yeah. Taylor: Oh, great. De Weerd: We wanted to make sure we were all set. Rountree: Yeah, way to go. You are all set, I can tell. Taylor: There were approximately 60 people involved in the making of this film and (lnaudible-------) around the County, but we were fortunate enough to be the first Police Department, Fire Department to be involved in this. (Inaudible discussions-----------) Council and staff watching video. Taylor: Well, thank you for allowing us to do this. The Mayor is a great support she was there for both days. This catches your attention, especially when you see the emotions of the parents there and it's a very real thing. (Inaudible ------___ -----) and supporting us in this because it helped us fulfill our mission statement of educating the public and preventing, hopefully, someone who is drinking and driving and we had a tremendous amount of support from (inaudible) and after a lot of kids coming up and saying that really helped them to not drink during the prom. There was a lot of them that did say they were going to prior to this ha ppe n ing, so (i na ud i bl e--------------------- ). De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: You know I have never been so proud of a group of people as I was that day. I think that our safety personnel in both Police and Fire Departments really showed what they were made of and appreciated those and I would like to tell you who - I'm sure you recognize most of them - Mark Taylor, Earl Scharff, Jeff Blazer, (inaudible), Myron Severson and Craig Falley from the Police Department. From the Fire Department, Deputy Chief Bill Johnson, Deputy Chief Joe Silva, Captain Rod Shawl, Captain Blake Campbell, driver Tim Kelly, Jason Rey, Mike Myers, Joe Bongerno and Marty McSherry. Again, there is a lot of coordinating and we just appreciate all the time that you spent because that was a very powerful message. The day that they had the crash reenactment, they had the juniors and seniors there and sitting among them - most kids misbehave and that stadium has never been so silent, although the noise that you did hear ( Meridian City Pre-Council Meeting June 15, 2004 Page 9 of 11 . 'was sobbing. It really affected a number of kids there and certainly a number of parents. Those parents were going through the true emotions and they were very shocked by it because they were very shocked by it because they thought oh, we have prepared ourselves for these exercises and we know our' role, but once put in that role, it was traumatic. It was really traumatic. So, they sent a very strong statement. What is the feedback you heard from the kids even after that weekend. Taylor: You know, I had a lot of kids- Nary: Scoot up here, Mark. Taylor: I had a tremendous amount of kids approach me thinking that it was a great education for them. There are many kids that said that it was going to really help them when the time came because some of them admitted that they were going to continue to drink, but it really made them think about whether they were going to drive or not and the ramifications from that. I mean, we ran the whole gamut here of people dying in an accident and the person being arrested and the emotions of the parents, etcetera. A tremendous amount of support. As you can see the program was very well supported throughout all the agencies here in the Valley between St. Alphonsus Hospital and Life Flight and paramedics and our city as well. There were a tremendous amount of volunteers. We had monthly meetings - or biweekly meetings right up from October until we did this in April. I had to walk away when the filming started. The way that they started this accident seeing as they had it covered with the tarp, nobody knew when they came to the grandstands what was going to happen and then a lot of crash, bang and then boom they ripped the tarp off and instantly it got everybody's attention. I really think that it will have an impact on these people for a long time and will really help them to think before they get behind the wheel and drive. So, from what we do we see it quite often and nobody wants to go to those types of accidents and have to deal with some of the things that we see. Hopefully, this will lesson that and we had the opportunity to be the first one in the State of Idaho to do it. KVCI was the one who did all the filming and they had a news blip showing what had happened there. Statistically I don't know, you know, where we are going to go from here and how it's going to help, but certainly I know that it will help. Fortunately, we were the first ones in the area, Boise Police and Boise School District had been approached on it and they denied doing this program. So, we were fortunate in being able to do that. De Weerd: You know, the following day they had a student that had been in an accident - what - a year or two before that. She had been at these parties. She had decided not to drive because she knew she would be drinking, but she got in the car of a young man who was drinking and she kind of shared her story on that, so, you know I think it was a good strong message that even though you make wise decisions for your car, make sure you know who you are getting in the car with and if they have been drinking before they get behind the wheel. It was, /'. Meridian City Pre-Council Meeting June 15, 2004 Page 1 0 of 11 . - like I said, both days was just very high with emotion and certainly I know they made great impressions with the parents; not just the parents of the kids who participated the parents who came and witnessed and I sat among the firefighters and the police officers as we watched the film that second day and I don't think - they were passing around toilet paper rolls because there was just not a dry eye up there. Nary: Well, so many times, Madame Mayor, we get criticized, the police get criticized for a lot of different things and this is such a great testament about how the police, the fire, the public safety, the government can make such a positive impact in people's lives and it's really nice to see that. I mean, it's just a - it makes us all very proud to be associated with the people in the City because I think that, you know, if it only made an impression that day, what a great impression. I think it's going to carry longer than that. Any of those kids are not going to forget those images that they saw and that's going to impact them, not just for one day but for many days and people they know and people they associate with and that's a great thing. De Weerd: Thank you, Mark. Nary: Well, Council we have reached the end of our agenda and we still have 15 more minutes, I guess we could watch the tape again or we could - De Weerd: No thanks. Nary: -- or we could take a motion to adjourn. De Weerd: Does the Chief have any --? Nary: Chief, did you want to add anything or --? De Weerd: -- or Chief Bowers? Nary: Chief Bowers? Bowers: On the 15 minutes? Nary: Or on anything else, I guess, if you want. Bowers: That was a very neat presentation that we did. We went on a call today and some kids were off to the side and they come running over to the fire truck and said oh remember us? We were the ones that were dressed in black that they took out of the class for "Every 15 Minutes". Our guy said no we didn't remember seeing you. They said that really changed their lives, they will always think what kind of vehicle they are going to get into and who is driving them. You Meridian City Pre-Council Meeting June 15, 2004 Page 11 of 11 - are right, there was not a dry eye. There was a lot of toilet paper going around that day. Thank you. Nary: Thank you, Chief. Bowers: I would like to thank the school district for thinking out of the box and the Mayor and Council for you guys that (inaudible) lead us to do that. Nary: Council, if there is no other business, I guess we could take a motion to adjourn. Rountree: So moved. Wardle: Second. Nary: It's been moved and seconded to adjourn the Pre-Council meeting of June 15th. All those in favor, say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:45 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: t / (J) / 04 DATE APPROVED 1\11\ 1111 fllllll \\11 All"'" 111 "~,I \ _! of 11J"::'R.'l) /1,>" " -< "I 1"" ~ ,'0,' 0 -1.11. ....... .:: (j o?p R..q)'; 'V -;. 2 ~ ~o ~ :=" ~ - - ** TX ( ... ,RMATlON REPORT ** AS OF JUN 11 'EM 17' 12 PAGE. 01 CITY OF MERIDIAN. DATE TIME TO/FROM MODE MIWSEC ptiS CMDll STAW5 02 06/11 16'52 3810160 EC-5 00'37" 001 241 OK 03 06/11 16:53 PU8LIC WORKS EC-5 00'26" 001 241 OK 04 06/11 16:54 12084664405 EC--S 00'27" 12101 241 OK 05 06/11 16:55 8841159 EC--S 00'27" e01 241 OK 06 06/11 16:56 2088840744 EC-S 00'26" eel 241 OK 07 06/11 16'57 POLICE DEPT EC--S 00'26" 0131 241 OK 00 06/11 16:58 8'385501 EC--S 013'25" 0131 241 OK 09 06/11 16:59 LI8RARY EC--S 013'32" 1301 241 OK 10 06/11 17'130 IDAHO STATESMAN EC--S 013'26" 01:11 241 OK 11 06/11 17'01 20B 388 6924 EC-S 00'31" 13131 241 OK 12 06/11 17:02 2088886854 EC-S 0121'26" 12101 241 OK 13 06/11 17:03 206 895 03913 EC--S 00'26" 1301 241 OK 14 06/11 17: 04 1283001;)40 G3--5 130'30" 001 241 OK 15 06/11 17'05 208 387 6393 EC--S 00'26" 001 241 OK 16 06/11 17:06 ADA CTY DEVELMT EC--S 1210'26" 001 241 OK 17 06/11 17: 07 8885052 EC-S 00'26" 01211 241 OK 18 06/11 17'08 CHERRY LANE (;3--5 00'43" 1301 241 OK 19 06/11 17'09 IDAHO I'lTHLE'.TlC C EC-S 01:1'26" e01 241 OK 213 e6/11 17:1e ID PRESS TRI8UNE EC--S 00'25" 001 241 OK 21 06/11 17:122ll88S86701 EC--5 00'26" eel 241 OK --------------~----------~------~----------------------------------------------------------- rkt\St rDd ~\' 'Pl\ld 'c. ~cA1.C( -lltlnv.rl.,I ;:-*" ~O fClrYOf - ..:. I..JVterzdia-J1"-7:; "\ , 'U),'\HD ~ ". / ':'" . ?iF ~'r . ~.\ ;SE..'!.'r;~,....IIL.\'\I.l '~l ~.. .;~ M~YOR Tammy de Wet...ed CITY COUNCIL MEM~EF5 William L. M. Nary Keith Bi,d Chad.. M. HOLloh". Sh~un WMdle CITY DSP^ll.TMF.NTS Fire 540 F.. .ranklin R".<! 886-1234/10< 895.0390 r~rk. &, R.creobun 11 c. '!lower St,wt R$~.3S79/fo. R98.S50l Pl~mllng &: Zoning 660 E. W~te.towe, 1.0ne Suite 202 884+5533/f.. R86.(,854 POlice 1401 E. Watettow.. Lan. 8S8-667S/ fax 515-7366 l'ubJi..: WOr'k~ 66<1 E. W.lerl<>we, Lone Sulte200 &98-5500/ fax 89S-9551 .. Buildiog 660 E. Waterlowe, tane Suite 150 887.2211/fox 687.1297 . Sewer (WW'fl'f 340] N. Ten Mile Road 888-21911 lax 864.074~ - WOlr' 2235 N. W. 8th S"o.t 88&.5242/lax 864-115,' NonCE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a pre-Council Meeting at City Hall, 33 East IdahO, Meridian, Idaho, on Tuesday. June 15,2004 at 6:00 P.M_ The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Recommendations from the Traffic Safety Commission by John Overion - Discussion of Open Burning Amended Ordinance - Process Improvement Update by P & Z - View'Every 15 Minutes>> Tape The public is welcome to attend the meeting. DATED this 11th of June, 2004. CITY HALL 33 cAST IDAHO AVENUE elf) CLERK-F.\X ~8B.4<18 ~UlllN RESOURceS-F"X 884.8723 MERIDIAN, IDAHO 83642 (208) 88R-4433 FINANCE & UYlLrrl' SIW,'G-FAX 887'4813 ",\lOIl'~ nl'flCl;;-..'X R84.i\II>l ( *'" TX CONF.., ,HTION REPORT ** AS OF JUN 11 '04 17:22 PAGE. 01 22 23 24 25 26 27 28 29 30 31 32 DATE TIME TO/FROM 06/11 17:13 3810160 06/11 17:14 PUBLIC WORKS 05/11 17:15 2084664405 06/11 17:15 8841159 06/11 17:16 2088840744 06/11 17:17 POLICE DEPT 06/11 17:18 B9SS501 05/11 17:19 LIBRARY 06/11 17:1992083776449 05/11 17:20 208 388 6924 06/11 17:21 2088886854 MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 00'27" 001 00'20" 001 00' 19" 001 00'20" 0131 00'20" 13131 00'20" 001 00'20" 001 00'21" 1301 00'19" 001 00'21" 001 00'19" 001 CMDl! 242 242 242 242 242 242 242 242 242 242 242 STATUS a< OK a< OK a< OK OK OK a< a< OK -------------------------------------------------------------------------------------------- ~\Ctlst: rOSk- ~ H.L'b l~c.. NottC!l.. ~ 11 Q)\ YJ ~ \ CITY OF MERIDIAN PRE..cOUNCIL MEETING AGENDA Tuesday, June 15, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Shaun Wardle _ Bill Nary _ CharHe Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Recommendations from the Traffic Safety Commission by John Overton: (*10 minutes) 4. Discussion of Open Bumlna Amended Ordinance: (~10 minutes 5. Process Improvement Update by P&Z: G. View "Every 1S minutes" Tape; * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Me<idian city Pre-CouncllA9onde -June 15. 2004 Page 1 of 1 AI materials prellilnted Ilt public meetinl/G shllJl become property of the city 01 Mendien. Anyone deslrtn9...wc>mmod!tlc>n for dlGallllltitls rel3ted 10 dClCumenls and/or heIInl'l\lS piaue C<>tIt:u:tthe City Clerk'e Office at e8s-M33 at Jeust.ol8 holIsn priorla me pub60 meeting. (' ** TX CONF,... ...lTlON REPORT ** AS OF JUN 11 '04 17:33 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS O1DIl STATUS 01 06/11 17:22 ALL AMERICAN INS EC--S 013'19" 001 242 OK 02 06/11 17:23 208 895 0390 EC--S 00' 19" 001 242 OK 03 06/11 17:24 128300040 G3--5 00'24" 001 242 OK 04 06/11 17:25 208 387 6393 EC--S 00'19" 0131 242 OK 05 06/11 17:26 ADA CTY DEUELMT EC--S 013'19" 001 242 OK 06 06/11 17:27 8885052 EC--5 e0'20" mn 242 OK 07 05/11 17: 28 CHERRY LANE G3--5 00' 37" 001 242 OK 08 06/11 17:29 IDAHO ATHLETIC C EC--S 00'19" 001 242 OK 09 06/11 17:30 887 0816 G3--5 00'37" 001 242 OK 10 06/11 17:31 ID PRESS TRIBUNE EC--5 00'19" 001 242 OK 11 06/11 17:32 20888867e1 EC--5 00'18" 0131 242 OK -------------------------------------------------------------------------------------------- ~~d1~C ~OSk- ~ ?ll-"bl~c.. No1ttL .:1haJ\YJ1\ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, June 15, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Shaun Wardle _ Bill Nary _ Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Recommendations from the Traffic Safety Commission by John Overton: ("10 minutes) 4. Discussion of Open Burnlna Amended Ordinance: ("10 minutes 5. Process Improvement Update by P&z: 6. View "Every 15 minutes" Tape: . Approximate allowable time set for agenda item may change depending on discu$Sion. Please use the designated minutes as a guideline only. Me.,<lian city Pre-Council Agenda -June 15, 2004 Page 1 011 AY materials prllt;0l'lted 1\1 public meetingG $hill! bacome pro~rty 01 lhe City of Meridian. Anyone desiring llCCGmmcdllllon tordl&:Wllllies related 10 documenl$ and/or hl!llnn9S plea&. oonlact ttle City C!orl(o Office at ae~ al least 4a twum prior 10 the publiC meeting. / ?kc\ S ( Yo d ..\6 \ 1\J bI \ t ~ (jhcc oIl 'CtJw f ~I ~ 0 r CITY OF -'-..." \...../VL erldian-~ lD..\HO ~. ''';, " " \f \1 j' ,/ MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Parks & Recreation 11 E. Bower Street 888-3579/ fax 898-5501 Meridian, Idaho, on Tuesday, June 15, 2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/ fax 888-6854 scheduled City Council meeting as well as the following issues: Police 1401 E. Watertower Lane 888-6678/ fax 846-7366 ~ Recommendations from the Traffic Safety Commission by John Overton -- Discussion of Open Burning Amended Ordinance Public Works 660 E. Watertower Lane Sui te 200 898-5500/ fax 898-9551 ~ Process Improvement Update by P & Z -- View "Every 15 Minutes" Tape DATED this 11 th of June, 2004. JI~ ~ ~ ..... ..... '. " Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 The public is welcome to attend the meeting. - Sewer (WWTP) 3401 N. Ten Mile Road 888.2191/ fax 884-0744 " Water 2235 N. W. 8th Street 888-5242/ fax 884-1159 CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -R\X 888.4218 HU~lAN RESOURCES-FAX 884'8723 FINANCE & UTILITY BILLING-FAX 887 .4813 ~ll\YOR'S OFFICE-R\X 884-8119 ( >l<>l< TX l.. JRMRTION REPORT >l<>l< AS OF JUN 16 '04 10:03 PAGE.l:ll CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDlI STATUS 02 06/1609:17 PUBLIC WORKS EC--S 01'06" 003 020 OK 03 06/16 139: 19 120846644135 EC-S 01' 07" 003 020 OK 04 06/16 09:21 8841159 EC--5 01'06" 003 020 OK 05 06/16 09: 22 20088<le744 EC--5 01'06" 0El3 020 OK 06 06/16 09:24 POLICE DEPT EC-S 01'06" 003 020 OK 'ZfI 06/16 139:25 8985501 EC--S 01' 05" 003 020 OK 08 06/16 09:27 LIBRARY EC--S 01 '27" 003 020 OK 09 06/16 09:29 92083776449 EC--S 01'05" 0133 020 OK 10 06/16 09:30 208 388 6924 EC--5 01'2G" 003 020 OK 11 06/16 139'32 2068886854 EC--S 01'06" 003 020 OK 12 eo/16 09:34 206 695 0390 EC-S 01'06" 003 020 OK 13 06/16 09:36 128300040 63--5 01'20" 0133 1320 OK 14 06/16 09: 38 208 387 6393 EC--S 01'20" 003 020 OK 15 06/16 09'39 ADA CTY DEVELMT EC--S 01'136" 003 020 OK 16 06/16 09: 41 8885052 EC--S 01'06" 003 020 OK 17 06/16 09:43 IDAHO ATHLET1C C EC--S 01'06" 003 020 OK 18 06/1G 09: 45 !D PRESS TR I8LiNE EC--S 01'06" 1303 020 OK 19 06/16 09'47 2088886701 EC--S 01'es" 003 0213 OK 21 06/16 09: 52 CHERRY LANE G:;l-5 02'05" 003 0213 OK 22 06/16 10:01 3810160 EC--S 01'48" 003 020 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 15, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ >C Shaun Wardle }( Bill Nary ~ Charlie Rountree :=K: Kailh Bird --K- Mayor Tammy de Weerd 2. Pledge of Allegiance: leAd 6':) Ice/11v;h'r~ 3. Community Invocation by Pastor Kevin Moyer, with Mendian First Baptist Church: jH'~~fed. 4. Adoption of the Agenda: ~..-..r-/ S. Consent Agenda: ~~ A. Approve Minutes of May 25, 2004 City Council RegUlar Meeting: ~~V<.... B. Approve Minutes of June 1, 2004 City Council Regular Meeting: "i'']'''''"",^,-, C. Findings of Fact and Conclusions of Law for Approval: AZ 04-006 Request for Annexation and Zoning of 3.06 acres from RUT to L-O zone for proposad Southstone Subdivision by Pinnac1e Engineers, Inc. - northeast comer of South Eagle Road and East Girdner Lane: "'1'PV'C,...- D. findings of Fact and Conclusions of Law for Ap~roval: PP 04-0D8 Request for Preliminal)' Plat approval of 8 commercial building lots on 3_06 acres in a proposad L-O zone for proposed Southstone Subdivision by Pinnacle Engineers, Inc. - northeast comEir of South Eagle Road and East Girdner Lane: o/r~ E. Findings of Fact and Conclusions of Law for Approval: RZ 04.002. Request for a Rezone of 7.48 acres from L-O 10 R-15 zones for proposed Rock Creek Subdivision by Treasure Valley Development - east of North Under Road and south of West Pine Avenue: "'?l''''''' ~ F. Findings of Fact and Conclusions of Law for Approval: PP 04.oD5 Request for Preliminary Pial approval for 52 residential building lots and 1 common lot on 7.48 acres in a proposed R.15 zone for proposed ~ Creek SubdiVision by Treasure Valley Development. east of North Under Road and south of West Pine Avenue: "?~""<.- M~ridi.M Chy Council At.;:nd; - Jttcc 15,2004 P.agc lo€'3 All .I'lUlmw pc'M.~ M,lN.l:.1it mfll!\in,Sl slWt ~i;Qr1U! ptopts'ty offht City ~Mcridiu. AI1Ylme dtilillng 4C'C-DmrnOd:uim [or di$.1biJ-mas rtbt4Id 10 dcorom.otll$ An.;l!or hBWip,gc plC'4$t ~ Lbo;: City C1uk's Of6c.c:.o;tSS8:-4433 a.l. tcut.4& hcunpriDrtCtihepub1i"[' rrk'din,g. ~)ctl~C Pol. ~( PtLbl~(.. NotttJL ~l1&.,tq~\ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, June 15, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle _ Bill Nary Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Recommendations from the Traffic Safety Commission by John Overton: (*10 minutes) 4. Discussion of Open Burnino Amended Ordinance: (*10 minutes 5. Process Improvement Update by P&Z: 6. View "Every 15 minutes" Tape: * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda -June 15,2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 15, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle K Bill Nary Charlie Rountree x:. Keith Bird K Mayor Tammy de Weerd 2. Pledge of Allegiance; lead fJ'j Icei(1v !hr(i./ )( 'K 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church; fJY~ f-&n.-fe d.. 4. Adoption of the Agenda: ~~ 5. Consent Agenda; ~ V'<.- A. Approve Minutes of May 25, 2004 City Council Regular Meeting: to/proil'<.-- B. Approve Minutes of June 1, 2004 City Council Regular Meeting: tz.'rpv~ C. Findings of Fact and Conclusions of Law for Approval: AZ 04-006 Request for Annexation and Zoning of 3.06 acres from RUT to L-Q zone for proposed Southstone Subdivision by Pinnacle Engineers, Inc. - northeast comer of South Eagle Road and East Girdner Lane: ~~ D. Findings of Fact and Conclusions of Law for ApQroval: PP 04-008 Request for Preliminary Plat approval of 8 comme'rcial building lots on 3.06 acres in a proposed L-Q zone for proposed Southstone Subdivision by Pinnacle Engineers, Inc. - northeast comer of South Eagle Road and East Girdner Lane: ~~ E. Findings of Fact and Conclusions of Law for Approval; RZ 04-002. Request for a Rezone of 7.48 acres from L-O to R-15 zones for proposed Rock Creek Subdivision by Treasure Valley Development - east of North Linder Road and south of West Pine Avenue: ~ v..e... F. Findings of Fact and Conclusions of Law for Approval: PP 04-005 Request for Preliminary Plat approval for 52 residential building lots and 1 common lot on 7.48 acres in a proposed R-15 zone for proposed BQQ!s Creek Subdivision by Treasure Valley Development - east of North Linder Road and south of West Pine Avenue: 1lJ'/~ VI.<.- Meridian City Council Agenda - June 15,2004 Page 1 of3 All materials presented at public meetings shall become property ofllie City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hoUl's prior to the public meeting. G. Findings of Fact and Conclusions of Law for Approval: CUP 04-006 Request for a Conditional Use Permit for a Planned Development consisting of a mix of residential and commercial uses with reductions to building setback requirements for proposed Rock Creek Subdivision by Treasure Valley Development - east of North Linder Road and south of West Pine Avenue: c~vu..-- 6. DrillinQ Test Well #26 - Change Order #1 (Final) with Adamson Drilling: ~J~~ .-Suecessor Aareemeld::- Il.,ft/I;;"~e.t-k tJf JU cceJf (){l- /J;jre,c'l'n.?7..r . f"/1-?7v /veils rl'(f,.7 /?tvl-I.t-;<Ior-:Ifz ~J 6 ilYl A EC&!'--If?I'n,'c ~~Op,4. tfri Department Reports: C,pfjOt?h:r",.f?o-yvI tJ/ )h.t:/}I'-d/a-"'II~ : cvl rn'V>-<-- I. H. A. City Council Member - Shaun Wardle 1. Update on Golf Course: ~ B. Mayor's Office 1. Idaho Community Foundation Grant (MDC) ~ 7. (Items Moved from Consent Agenda) 8. FP 04-032 Request for Final Plat approval for 54 single family residential building lots and 7 common lots on 14.12 acres in a R-4 zone for Roseleaf Subdivision by liberty Development - 3615 South Locust Grove Road: ~p;:rrtlltl<...,; 9. Discussion of Sale of Property at Public Auction Resolution: r..€'Jcltr./?.:.v.:ht. b-22-dk Cl~1 de?{ ~ i"'?/,F/ltJ. ~ se-ppr-oV\O' I se,~ 'pIA h 7-IJ~IJ4-- tz J..(h 10. Continued Public Hearing from June 8, 2004: Idaho Community Development Block Grant for Louisiana Pacific: fr<JU~/ClH-h-tfi'0 11. Continued Public Hearing from June 8, 2004: RZ 04-006 Request for a Rezone of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No.4 by Sutherland Farm, Inc. - east of South Eagle Road and. north of East Victory Road: 6V!?/rOv-e-- a/t:/rrrI"-C? f..o (k"ejJtVLl!.- -f'1r: -tvl.-L 12. Continued Public Hearing from June at 2004: PP 04-009 Request for Preliminary Plat approval of 79 single-family residential building lots & 8 common lots on 16.1 acres in proposed R-8 zone for Sutherland Farm Subdivision No. ~by Sutherland Farm, Inc. - east of South Eagle Road and north of east Victory Road: dlpf>>'9lr<-- t:&-chn7tR-if- it? Jlr<ep~ -{IF <( C:;/J?.. 13. Continued Public Hearing from June 8, 2004: CUP 04-009 Request for modification of the original Conditional Use Permit for a Planned Development to allow the elimination of five office lots and the addition of 47 single.family lots in addition to the 32 residential lots previously approved for a total of 79 single- family lots for Sutherland Farm Subdivision NO.4 with request for reduction to the minimum requirements for Jot size, street frontage and front yard setbacks by Meridian City Council Agenda - June 15, 2004 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to tlte public meeting. 17. 18. 19. 20. 21. 14. Sutherland Farm, Inc. - east of South Eagle Road and north of east Victory Road: art ;-o~- ~-nn Nfr -fo re?~ :PI.?'.{ cl ~ Public Hearing: PFP 04-005 Request for Preliminary Final Plat approval for the re-subdivision of Lot 10 and portions of Lots 9 and 11, Block 11 into 3 building lots on 3.46 acres in a C-G zone for Copperpoint Subdivision by Larson Architects - east of South Eagle Road on the south. side of East Copperpoint Drive: a;fJrV'V....- 4-19v-r-NJ &FI'~ -Ilr:lc/~ Public Hearing: MI 04-002 Request for removal from the City of Meridian's area of impact for Fred Schuerman by Fred Schuerman - west of North Cloverdale Road and north of East Fairview Avenue: ~v-z......- d,thr.MJ Io.~/'~ :/ft { c./--e. Public Hearing: CUP 04-010 Request for a Conditional Use Permit for a 100- foot monopole communications tower in a C-G zone for T-Mobile by T-Mobile I Teny Cox - southeast corner of East Overland Road and South Eagle Road: a-;;prclM-'- diftl/7l(/l fr7;n-e/uvr..e Fir .tcl-e Public Hearing: PP 04-010 Request for Preliminary Plat approval for 6 commercial building Jots on 5.23 acres in a L-O zone for Valencia Plaza Subdivision by Aspen Grove Development, LLC - east of South Locust Grove Road and south of East Overland Road: cvjJPYV~~tf&i!-Pr-Nj Iv /lY>ep.fVlL //{,f ell Public Hearing: AZ. 04-009 Request for Annexation and Zoning of 36.93 acres from RUT to C-G zone for Market Square by Smith Brighton - northeast comer of North Eagle Road and East Ustick Road: 'I' J r I tLjJ}?~V\1!... - arhn-N..';J It:? ~.~. I r J; c/( Water, Sewer and Trash Delinquencies: ~~ Tabled from June 8, 2004: Ordinance No. {J 1- -1/9 &1 Parks and Recreation Commission Ordinance: ~1AfL- 15. 16. Ordinance No. tJ 1- -I tJ f} Z-- : Fireworks Amended Ordinance: tZJ~IOVe- 22. Executive Session per Idaho State Code 67-2345(1)(b): ft() &"0)/ i;ry...... Meridian City Council Agenda - June 15,2004 Page 3 00 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. July 2,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 6, 2004 ITEM NO. REQUEST Approve minutes of June 15,2004 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFfiCE: OTHER: ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meetina June 15. 2004. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, June 15, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlie Rountree and Shaun Wardle. Staff Present: Bill Nichols, Will Berg, Anna Powell, Brad Watson, Bill Musser, Kenny Bowers, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Bill Nary X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and open up the regular Council agenda. It is Tuesday, June 15th. It is 7:00 o'clock and we will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you, WilL If you will all please join us and stand for the pledge of allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: De Weerd: Item No. 3 is an item we have added to our agenda. Please join us with the community invocation by Pastor Kevin Moyer with the Meridian First Baptist Church. Thank you for joining us. Moyer: Let's bow and pray. Our Wonderful Father, we are, indeed, thankful tonight, first, as we just recognize your graciousness and your mercies to us. They are assume, both to us as a nation, to us individually. We are, indeed, a grateful people to be here in America. We are thankful so much as we even tonight look at doing our own city and local business. We would not want to forget men and women that are tonight serving us in a greater and graver way in places all around this world. We pray for your watch care and safety upon them in harm's way. Thank you that they are willing to fight in order that we might maintain the kinds of freedoms and securities we enjoy so much here. And, Father, we pray for their loved ones and families that are missing them and concerned. We pray for their comfort and strength as well. But, then, Father, we are also concerned for issues right here at home. We pray tonight for the leadership that Meridian City Council June 15, 2004 Page 2 of 74 yo'u have given to us as a city. We are thankful for each one and the different roles they fulfill, but that tonight there is something special as we gather together as citizenry and as leadership, that we might conduct business, Lord, that would bring gqod solutions and better community and the right kind of spirit as we cooperate together and I pray that we could demonstrate that tonight and just pray for, Lord, just that kind of an attitude that would be beneficial and, again, for wisdom and discernment we ask tonight and that it would be very definite for all of us. Thank you, again, Lord, that we can enjoy this time, it's something unique in the world, and that we would ever appreciate what you have accomplished for us. Now, we thank you in the name of our Lord Jesus who loved us, who died for us on the cross for our sins, in his precious name we pray, Amen. Item 4: Adoption of the Agenda: De Weerd: Pastor Moyer, I would like to present you with our Meridian city pin. Thank you for joining us. Okay. Item NO.4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we adopt the agenda as published. I don't believe there is any changes or anything. Rountree: I will second. De Weerd: Okay. It's been moved and seconded to approve the agenda as adopted or as presented. I'm sorry. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of May 25,2004 City Council Regular Meeting: B. Approve Minutes of June 1, 2004 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 04- 006 Request for Annexation and Zoning of 3.06 acres from RUT to L-O zone for proposed Southstone Subdivision by Pinnacle Engineers, Inc. - Northeast corner of South Eagle Road and East Girdner Lane: D. Findings of Fact and Conclusions of Law for Approval: PP 04- 008 Request for Preliminary Plat approval of 8 commercial building lots on 3.06 acres in a proposed L-O zone for proposed Meridian City Council June 15, 2004 Page 3 of 74 Southstone Subdivision by Pinnacle Engineers, Inc. - Northeast corner of South Eagle Road and East Girdner Lane: E. Findings of Fact and Conclusions of Law for Approval: RZ 04- 002 Request for a Rezone of 7.48 acres from L-O to R-15 zones for proposed Rock Creek Subdivision by Treasure Valley Development - east of North Linder Road and south of West Pine Avenue: F. Findings of Fact and Conclusions of Law for Approval: PP 04- 005 Request for Preliminary Plat approval for 52 residential building lots and 1 common lot on 7.48 acres in a proposed R-15 zone for proposed Rock Creek Subdivision by Treasure Valley Development - east of North Linder Road and south of West Pine Avenue: G. Findings of Fact and Conclusions of Law for Approval: CUP 04-006 Request for a Conditional Use Permit for a Planned Development consisting of a mix of residential and commercial uses with reductions to building setback requirements for proposed Rock Creek Subdivision by Treasure Valley Development - east of North Linder Road and south of West Pine Avenue: H. Drilling Test Well #26 - Change Order #1 (Final) with Adamson Drilling: De Weerd: Item 5 is the Consent. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: It's been moved and seconded to approve the Consent Agenda. Is there any further discussion? Hearing none, Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: Meridian City Council June 15. 2004 Page 4 of 74 A. City Council Member - Shaun Wardle 1. Update on Golf Course: De Weerd: Thank you. Item 5 -- or Item 6, under Department Reports, City Councilmember Shaun Wardle has an update on the golf course. Wardle: Thank you, Madam Mayor. As you recall earlier this spring we began a discussion about the Cherry Lane Golf Course in the City of Meridian, which is -- the property is owned by the City of Meridian and leased by the tenant Cherry Lane Recreation and tonight I have a report. The first thing I'm going to talk about is an ordinance that we are working on, a trespassing ordinance, which was part of our -- our mission to -- to begin. So, for tonight for discussion I will bring up just a couple points and, then, we can bring something back in a draft form. First off, for the ordinance, unlawful acts on the municipal golf course, it shall be unlawful for a person to perform any of the following acts on the premises known and designated as Cherry Lane Municipal Golf Course: Jogging, bicycling, walking on the course, except as a paid participant in play or when conducting ones self in an orderly and quiet fashion as part of the gallery in a competitive event or as a course employee within the scope of employment. Also several comments, additions, would be a participant in play, someone who is accompanying a participant in play. A person who is part of the gallery again. A golf course employee within the scope of duties. City employee or agent within their scope of duties. Those that are entitled by written agreement or otherwise permitted to be on the premises or any other persons not -- who has permission from the operator of the course to be on the premises. So, essentially, what we are doing is looking for -- an encompassing idea of who can be on the golf course at which times. I will point out that the penalty -- also for discussion, the penalty will change this specifically for an infraction, as opposed to the -- I believe the misdemeanor ordinance, which is in place, and it will become an infraction punishable by a fine of 100 dollars, excluding court costs and fees. And so if -- I believe, chief, currently that the trespassing ordinance that's in place is a misdemeanor; is that correct? Musser: This is correct. Wardle: Okay. Thank you. So, it would change that. Also tonight, before I discuss the final part of my presentation, Jennifer Lovan-Halloway and I have discussed several grants, which are available through the PGA, so I can invite Jennifer to talk just briefly about some of those grants. Lovan-Holloway: My name is Jennifer Lovan-Holloway, 4200 West Tolimer, Meridian, Idaho. I'm the general manager for the golf course. I had a sheet that -- well, you probably haven't had a chance to look at this, but there is -- the PGA has a number of grants that they give out every year. They have it for starting women's programs, to disability programs, to just a variety of things that you can get those for. I know part of the things that we are talking about is a water system, but my other -- some of the things that -- the minor things that we need for the repairs done, you know, as we have Meridian City Council June 15, 2004 Page 5 of 74 talked about the bunkers needing repairs. One of the things that us and the city and Cherry Lane is willing to do to work with programs with disability programs, one of the things in rebuilding bunkers is having handicapped access bunkers. We do have wheelchair people that play out in wheelchairs right now. We have at leasttwo different people on a regular basis that are probably out once a week, things like that that are available and I wanted to let you guys know that, and there is -- like I said, I gave you this, so I -- to let you guys know of some extra programs that we do. Are there any questions or things that I could get for you more? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I haven't had a chance to read this, but just off the top of your head, do these require like a corporate or a municipal sponsor to seek these grants or can anyone seek them? Lovan-Holloway: We can -- as long as we have a PGA member at our course, which we do, which is Jeff Taylor, at this time, we can go through and do that. I will need from -- I guess from the city's part some ideas of things that you guys would like done out there, some programs. The other thing is is I may need some help, because I'm not a grant writer, I need some -- putting some type of a grant together for somebody being able to do that. De Weerd: So, does anyone know of any grant writers? Bird: Madam Mayor? Rountree: Yes. De Weerd: Yes, Mr. Bird. Bird: I believe that our parks department -- I believe Doug Strong can help on that. think so, Jennifer. I don't know. If not, we can find somebody. Lovan-Holloway: Great. Bird: That belongs to Sage. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. I was going to say, isn't that what we paid Sage for, to provide that community support, and they have already done that with the senior center. Meridian City Council June 15, 2004 Page 6 of 74 Lovan-Holloway: So, great. And maybe I could get together with them, then, and, like I said, come up with some ideas and if you, as a Councilor Mayor, know of any programs that you would like to see or things, we can do that, too. I mean one of the examples on here, I know, like I said, that you haven't had -- they even have the Burn Institute Camp, one of the ones was given in California, and they, actually, help those players come out and be able to do something and build self esteem out there, so -- De Weerd: I think Doug has some grant writing, but you could call Will and, Will, can you get Jennifer the information from Sage? Lovan-Holloway: Thank you. Wardle: Thanks, Jennifer. And one of the things to point out, when Jennifer brought up some of the grant opportunities for the PGA, Cherry Lane is currently doing a lot of programs, such as children's activities, which are -- which could be implemented activities for the disabled and some of those activities, so I feel it would probably be beneficial to look for those opportunities. Onto I think maybe the larger issue and that is we, as a city, the day after our meeting, released to the website are -- the current PGA report, which I'm -- the PGA report on the golf course, advisory service report -- excuse me, USGA advisory service report and two weeks ago I believe the city clerk's office contacted each of the homeowner associations -- tried to contact each of the homeowner associations and gave them my name and contact information and, excuse me, we received some comment and invited everyone here tonight to talk about the course. The bigger issue that we have found, especially within the turf advisory, was that the irrigation system is currently insufficient for the facility. Our focus was, really, to talk about the landscaping of the course, as opposed to the playability, feeling that the -- probably the two most important things were to green up the course and to, in turn, in greening it with grass, get rid of some of the weeds. And so that's really what we have focused on. I will say from a -- I talked to several groups and one of the -- one of the estimates that we have from a comparable course in Yakama, Washington, for replacement of the course was 1.5 million dollars, which is roughly consistent with the turf advisory report that you can peruse on the web. So, the bigger fund would be, obviously, funding of the 1.5 million dollars. The reason we brought this forward in June was so that if there were available funding we could potentially look at some of that in the next budget year, next fiscal year. It's been our determination and this -- I shouldn't say our determination -- it became very apparent -- and we can discuss it tonight -- that the City of Meridian, as far as it will have to look for new funds, 1.5 million dollars is not readily available within the general fund, and so for a topic of discussion tonight I would say that one of the sources of funding that we have available that Mr. Nichols has researched a little for me is a bond that would be -- that would need two-thirds voter approval for the bond and one of the other areas that I asked Jennifer here to comment tonight on was the potential to tie that bond to an increase in greens fees, such as some of the other municipalities have done. And with that I will ask for Jennifer's comments on -- I will say that we discussed it very briefly on the phone and that's, really, all the information that I have -- wanted to have a discussion. So, Jennifer, if-- Meridian City Council June 15, 2004 Page 7 of 74 Lovan-Holloway: Again, Jennifer Lovan-Holloway. My biggest thing with the green fees are putting a user fee, I guess, is the term to put on that, that you would attach to that. Right now Cherry Lane is one of the lower green fees in the valley, Centennial being the closest related one. Again, you can't compare Centennial and Cherry Lane, because they are two different -- one is not in a subdivision. There is apples and oranges there. And that is my biggest concern right now is if you start adding on fees to those green fees, you're going to lose the clientele you have already and because we have a variety of other issues going on with slope greens being in a subdivision, so the players that you already have, they are going -- are we going to lose that much more play by doing that and that was my biggest concern for that. De Weerd: Any questions or comments from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Jennifer, if we don't do something like that with a revenue bond or something, don't you believe you're going to lose players by condition of the course? Lovan-Holloway: I think you already have lost players. I don't think you're going to lose anymore, I don't think you're going to -- I think it will maintain exactly as it's going to be. It's going to be not a good, it's not going to be a bad course, it's just going to be a very mediocre course. I don't think it's going to go one way or the other. You're just -- you're going to have your play that is out there, your beginner golfers, your -- you know, never a -- probably not a lot of low handicap, that kind of thing, not major or statewide tournaments or IGA tournaments there. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And I guess, you know, it's probably for further discussion as well, but I guess I have a hard time seeing how we ask the public to help fund an improvement to a golf course, but not ask the golfers to help fund that as welL I mean, you know, if you're going to ask people to basically take money out of their pockets to improve it, but not ask the players to at least participate in that, I don't how know you would ever convince people to vote for it. And if you need a two-thirds vote, I think you're going to have to be able to market that it's going to benefit the community, but it's not just -- you know, it's not one person paying for it, it's citizens, as well as the players, who are improving the whole course, so that you can promote it, so you can improve the quality, not just for irrigation, but improve the whole quality of the course, so that you can, then, market it, make it more of a good course, make it more desirable for other types of play, more play, more players, but if you don't -- if you don't include that fee piece, I don't know how you would ever convince two-thirds of anybody to vote for it. ( Meridian City Council June 15, 2004 Page 8 of 74 De Weerd: Jennifer, you just raised fees this year, didn't you? Lovan-Holloway: Yes. And we haven't raised fees in -- I believe it was either three or four years. De Weerd: Well, that wasn't -- Lovan-Holloway: No, but I mean-- De Weerd: What was the response to the golfers that-- Lovan-Holloway: We actually lowered our weekday rate, so our weekday actually dropped two dollars and we only raised our weekend rates one dollar. De Weerd: Anything else, Council? Rountree: I have a couple questions for Shaun, but I don't have any questions for Jennifer. De Weerd: Okay. Thank you. Lovan-Holloway: Thank you. Wardle: Mr. Rountree. Rountree: Madam Mayor. De Weerd: Yes. Rountree: We will work this out. De Weerd: Go ahead and recognize Mr. Rountree. Wardle: I didn't know if it was my discussion or -- Rountree: I got him into this. On the ordinance language that -- I think it would be beneficial to share that with the golf course operators, if it hasn't been, to make sure that all of the issues are taken care of. I noticed this weekend there was somebody working their dog in one of the ponds and that's not on this list, so, you know, it's a never ending deal for these people to try to operate this golf course. So, I just suggest that we share that with them and let them have an opportunity to add to the list if need be. The other point that I just found out is that their -- their maintenance facility is across a public street from the golf course at the current time and there are implements of agriculture or whatever you want to call it, the tractors, their lawn mowers and those kinds of things can be plated with a slow moving vehicle sign and can access the golf course legally by public street. There is some question with regard to the use of some of their other Meridian City Council June 15, 2004 Page 9 of 74 maintenance vehicles that look very much like a remodeled golf cart and probably the current ordinance we have as it relates to the operation of golf carts on city streets and county streets needs to include a bubble that would allow that operation for the golf course, so they are exposing their maintenance folks to a potential ticket. And a third point -- and it's something that a previous Council and a previous Mayor directed this citizen's group to put together this citizen's report. When that was started, questions were asked how is that report going to be financed and there was no commitment on the part of the city and the golf course took it upon themselves to get that report prepared and to the city and I'm asking for consideration from the Council to participate in the cost of the preparation of that report or at least give that some consideration. I don't know that that's necessarily a burden that the golf course operator should necessarily take, because it was a committee established by the previous mayor. Those are my comments and/or questions. De Weerd: Councilman Rountree, what is the cost and I guess as a councilman member at the time, you know, there was -- the mayor did pull the committee together, it was never brought to the Council to even confirm that committee, nor were there any discussions there would be associated costs. What were the costs? Rountree: I'm not sure what the costs were in the final, but the figure I had heard was something on the order of 5,000 dollars. De Weerd: To make a report? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Well, I think what happened is somehow or other the Cherry Lane attorney and her assistant got involved with that and did all the writing of the report and I'm sure they did pay -- they did pay a price and I'm like Charlie, I mean I don't believe they should have to bear that themselves. I think the committee -- I sat in on that committee as an ex-officio or whatever you want to call it -- a nonvoting member, but I don't think they should have to bear the brunt of the cost of having it written and I believe that's probably where the costs come. I don't want to share anything if they were paying the attorney and the helper to come sit at the meetings, I'm not for helping that, unless we are the ones that appointed them to come and I don't recall if that's -- if the -- if you guys -- I think I missed that meeting that -- where you appointed that committee in January 2003. De Weerd: We did officially appoint -- we never even knew who was on it, Keith. Bird: Oh. Rountree: Madam Mayor, I understand the issues involved with that, but the fact remains is that a group of folks were commissioned to bring a report back to the city, as a result of that strange meeting that was held that we kind of kicked the thing off and Meridian City Council June 15, 2004 Page 1 0 of 74 questions were asked about whether or not the city was inclined to participate in a lot of things and one of them was the efforts of the committee and no firm answer was given. I'm just bringing it up for discussion, because that's an issue on the table. It's one of many. De Weerd: Well, I guess since this is the first I have heard of it, I would be concerned with precedence that would be set. We have had many committees set up and I have never had a report charged to us and certainly one that wasn't already pre-authorized before the fact and so I would consider that as we -- or concerned as we set committees that they feel compelled to hire someone to do their report for them and pass the -- pass it onto the city to pay for it. That should be discussed prior to. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And I know we are just discussing this in general at the moment, but I would agree, I never -- I know when I was here I never authorized hiring Mrs. Butler to write a report for anybody and so I'm not sure why the city should pay for it. If I had been asked, I would have said we don't want Joann Butler to write a report, not for 5,000 dollars. She can -- if she wants to volunteer her time, that's great, otherwise, as the Mayor said, most committees do it themselves. But I would never have authorized paying Joann Butler anything, I didn't hire her, so I don't think we should pay for it. De Weerd: Nancy. Link: Nancy Link, Cherry Lane rec. Madam Mayor and Councilmen. At the meeting in question where Joann was asked to write the report, she actually wasn't there and we needed someone to write the report and by default the material went to her to write up and, of course, it wasn't until a later time that we received a bill -- Cherry Lane rec did, for that writing up. She gave us a bill for -- I don't remember the exact amount, but it was around 5,000 dollars. She discounted that, citing professional courtesy and I think the balance of that was just a little over 3,000 dollars, which we have paid, but I think in retrospect, if we had known that we were going to be charged for a city -- a committee, that we probably would have spoken up and said, no, we would like to find some other alternative. And so that's kind of how it happened. Bird: Madam Mayor? De Weerd: Nancy, how did Joann and Sharon get involved with the committee? Were they -- did the previous mayor ask or did you bring it as your representatives? Link: I guess I need to consult Jennifer, because I'm not really sure -- I wasn't part of the -- in the very beginning of that and Jennifer wasn't attending a couple of meetings, so I went in her place, and so to begin with I'm not sure. Meridian City Council June 15, 2004 Page 11 of 74 Bird: Because I'm real shocked that the city would appoint an attorney and her helper to it and that's the thing I'm -- I was wondering is how she got involved with it? Link: I think the -- of course, the meetings, I think, were open to people who wanted to attend -- Bird: Oh, yeah, they were open. Link: And so 1-- Bird: But I think if you go back and look at the minutes, they even did some voting. I'm not sure, but I -- I think I was the only one that wasn't voting. Link: The meeting I was in -- I went like several times and they didn't vote. Bird: Okay. Link: And that was -- Bird: But I was -- I was quite shocked. I mean she did do a nice job of writing it -- or Sharon did, but I'm quite shocked that she -- I thought she was there on her donated time. De Weerd: We could pull the minutes and see if the Mayor did appoint the attorney to that, but any appointment that is made is not made on a paid basis, unless it's done ahead of time, and I guess that's kind of -- this has never come in front of us and -- Rountree: Just bringing it up for discussion. De Weerd: You should have told me before this meeting. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: And I would say one thing, I don't agree -- I'd like to know how she got involved, but I don't believe that -- unless Cherry Lane had them there representing them, then, I don't believe we should pay, but, if not, I think it would -- I'm like Mr. Rountree, I think we should come up with some part of it, if it was done. But if she was there representing them, then, that's a different deal. I'd like to know how she got onto the committee. Rountree: Madam Mayor, I did not bring the subject up one way or another, other for discussion. It is another issue. It's probably one -- not the most recent issue, but it's yet another issue in this long dialogue of golf course issues. Meridian City Council June 15, 2004 Page 12 of 74 De Weerd: I guess, Mr. Wardle, as you're taking a look at this trespassing, I would like the chief to take a look at it. I guess it needs to be one that is enforceable and who does that burden of enforcement fall on? I certainly know our police officers are very challenged and stretched at this moment anyway. Is the intent for officers or our code enforcement officers or exactly who is to be enforcing this ordinance? Musser: Madam Mayor, Members of the Council, enforcement on this, where it falls under a general provision of city ordinances are criminal misdemeanors at this point, it would fall primarily to the police officers to do the enforcement. However, we wanted to make it an infraction, so that it was a civil offense, as opposed to a criminal one, which makes it even a little bit easier for us to do, because we can do it by summons or citation format, even potentially, in the case of juveniles, as opposed to having to do a report, which we petitioned on a misdemeanor. I have reviewed the basic proposed language from both our city attorney Bill Nichols and from our contract attorneys with Boise city and it's just a matter now of being able to bring that all together in a format that this governing body would, you know, be happy with and would so move to approve and push forward in the form of an ordinance and I think we do have some access in terms of utilizing the city trespassing ordinance to make it a little bit easier for us to be able to do it. Technically, under this ordinance, if this Council so wished to move, they could also empower, just for this end of it, enforcement issues to other city employees, if they wanted, or other designated people. That has been done in the past. That's how enforcement officers get their enforcement powers. Same thing with our building inspectors and so on, if we wanted to extend it out in terms of maybe parks or even the corporation employees out at the golf course, there may be that access, but that's another whole question for the Council to have to decide at this point. Otherwise, it falls to my department and we will enforce the laws as the Council enacts them and presses them forward for us to do so. De Weerd: Thank you, chief. Any further questions? Mr. Wardle. Wardle: Madam Mayor, certainly on the ordinance side of things I will take comments back and work towards bringing a draft ordinance before the Council and the Mayor and all good comments -- one of the things to think about is as it stands right now we have a trespassing ordinance, which is a misdemeanor, which -- I mean I believe that we all feel probably should be an infraction and make sure that we have all of the activities that would be an infraction included in that. On the rest of my short report, are there any other comments or any actions you would like me -- or I should say anymore information that you would like me to bring back? De Weerd: Mr. Wardle, I guess after our last Council meeting and one of the questions asked was did you -- have you received any comments from citizens and I believe there was a citizen in attendance that was surprised, because there had been no information out. Have the homeowners associations been contacted and informed on this and invited to comment? What kind of out reach have we done and have you received any comments since then? Meridian City Council June 15, 2004 Page 13 of 74 Wardle: Madam Mayor, I'm going to defer the notification to Mr. Berg. Not to put you on the spot, Will, but -- Berg: Madam Mayor, Members of the Council, we are told that the first poirit of notifying the public was on the website and that was done, I guess, the next day after the Council meeting. And, then, after that we did have a few people come in that I did make copies for and distribute to them at their request. We did have a copy at the golf course I think for examination at anytime. And, then, as it's come down through the process of some other Council meetings, we did try to contact associations and especially if they came up to our counter, we asked them if they knew that our office had information, if they wanted -- wanted that and it was on the website, to acquire that report and I can honestly say that I'm not sure that we have contacted every association or president or representative that surrounds the golf course, but we did try to make some contact to people and get the word out that that information was available. We have a device to know how many hits were on, you know, those certain files that we have and if you look at the file in the Mayor's office, there is quite a few documents under the golf course, as was a lease and the other studies, so -- De Weerd: Is there anyone here on this particular item or subject? Please state your name and address. MarguJieux: Gordon Margulieux, 2040 Interlochen Way in Meridian, Idaho. Yes, I had to find on the website, but I have talked to a number of residents around where I live and they have said that they have not seen or been privy to any of the goings on with the report and, again, I had to go to the website to find it. I haven't heard of the citizen's report and so I was going to ask if they could tell me where I could find a copy of that, because that's not on the website. De Weerd: The recommendations are on the website. Margulieux: Is that the report that they are referring to? De Weerd: Yes. Those are the recommendations. There is a lot of history and other information in there. Margulieux: Yes. Other than I did stop at the clerk's office and they told me that if I wanted to do a search, they would do a search on golf courses issues back as far as I wanted to. What's on the website right now only dates back to January. De Weerd: Mr. Wardle. Wardle: Madam Mayor, I received -- I was forwarded an e-mail from Mr. Margulieux and one of the things that he has a question about and I guess I have a question about as far as my responsibilities is at this point we have a report and a recommendation for what we are talking about as far as landscape improvements and, excuse me, the water system itself, we don't really have an action plan or some sort of an item to take to the Meridian City Council June 15. 2004 Page 14 of 74 public. I would be more than happy to have town hall meetings or to individually contact individuals. In this, what I was looking to do, what I believed my direction to be was to gather some public comment and find some options and so I think we have achieved that goal. If you have any thoughts on further direction, I would be more than happy to look into those. De Weerd: I guess it just goes back to how have you had the public comment and that's probably the key question and how we proceed forward. I guess at this point you don't have any budget items, is what I'm hearing, though. Wardle: Madam Mayor, we as of this point do not have a budget item for the next fiscal year, which involves any sort of a capital expenditure at the golf course. De Weerd: Okay. Is there any further comment or questions on this item? Okay. What are the next steps, then, you would like Mr. Wardle to take? Because it sounds like he's seeking direction on that. Wardle: Madam Mayor, just a quick comment on my direction. I brought forward just simply one option as far as the large expenditure and some sort of a citizen bond issue and I didn't research completely, essentially, what it would cost and how all those things would -- I really just kind of researched the process. If you'd like I can bring some more information back. If not, I guess the discussion I had was whether we are considering this as an option or not. De Weerd: I guess from what I have heard from Council and the few comments I have heard from the public is that there is not a desire to use taxpayer dollars on it and it should be shared by the users in form of the revenue bond that you had mentioned. I do know that there has been some research done and there is a grant out there that can be pursued up to 500,000 and even have someone who has volunteered to write the grant and so that is certainly another route that can be done. So, I would look to you on your recommendation and we can move forward on feasibility and pursue this. But it sounds like your recommendation and what Jennifer stated are somewhat in conflict. Wardle: Madam Mayor, I would just like to point out that mine was not a recommendation, mine was a discussion item, and so if you would like, I can take -- or, excuse me, I can go back and bring forward to you some sort of an action item, if you would like me to do that, and, then, you could -- it would be my thought process, if I were to bring back an action item and the Council and the Mayor would like to see it go forward, then, I or a group of individuals would conduct -- would really, essentially, go to the public and ask their opinion on -- and their comment on that action item, even before any other action is taken. De Weerd: I think you need to do that and certainly work with Jennifer and see how you really want to proceed forward. So, I would like you to talk further with the golf course and, then, bring that back and, then, outline the next steps of moving forward. Meridian City Council June 15, 2004 Page 15 of 74 R6untree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If, as you indicate, there are grants available and we do have volunteers to assist in that preparation, I would suggest that we move on those as quickly as possible, so we don't lose the grant cycle. There needs to be some clarification on -- if there are costs associated with the grant in terms of preparation fees or filing fees or whatever kinds of fees there might be associated with, what part, if any, or all, are the various parties going to participate in before we get into yet another issue. But I think if we have something on our plate now, it's to everyone's benefit that we pursue them. De Weerd: I have talked to Mr. Wardle about it, so he can follow up on that as well. Wardle: I will. B. Mayor's Office 1. Idaho Community Foundation Grant (MDC) De Weerd: Okay. Okay. If there is nothing further, we will go to my short report and I promise it's short. Wendy Kirkpatrick in our planning and zoning department is wanting to pursue some downtown -- a new downtown look and she has talked with both the Meridian downtown corporation, as well as the parks department on some banners. The parks department did say that they have a list that's donated that hangs the holiday banners and that these can be taken down when the holiday banners go up and go back up when holiday banners go down. I guess the final question would be on when the banners start to show wear and tear and who would replace it, that could be worked and taken in front of the MDC. She has talked to the president. Regardless, I think when that time does come, we can take a look at what steps need to be done in partnership with the MDC. But this is just for the initial purchase of these banners and would like your approval to move ahead and pursue this. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Are those -- what are those banners, 185 or were they 85? I can't remember. De Weerd: Anna, do you know? Powell: She said they are about 190 dollars each. They would be similar to this one that I have got up here. You know, not the same picture, but they are similar size. the brackets are already in place for the holiday ones, so it fits in the same bracket. Bird: Another follow up. I believe she wanted ten; is that right? Meridian City Council June 15, 2004 Page 16 of74 De Weerd: I don't think there was a number. Bird: Yes. At MDC she told us a number. Powell: Was she-- Bird: Wasn't it ten or -- Rountree: I don't remember what the number was. Powell: I'm not sure on the number. Ten does sound right, but I am not positive on that. She's largely been working directly with MDC, so I apologize. Bird: My opinion is I think we can -- I think we can probably sell some of these to people and -- but I think we ought to move on it and I think they are a very nice, attractive, addition to downtown myself personally. De Weerd: Okay. Thank you, Mr. Bird. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Yeah. I think it's a great idea, but I do like Mr. Bird's suggestion that we look at some sponsorships with some local businesses and also maybe not necessarily an MOU with MDC today, but, you know, if the city is going to buy these initially to sort of kick off this program, I think, eventually, it needs to be the MDC's responsibility to do that. It's promoting the downtown area and the city and that's really their charge to do, but I recognize that may not be -- they may not be able to do that right now, but I think definitely trying to work through some sponsors and maybe, you know, I think there is more brackets. I was kind of hearing Mr. Berg say that there is more than ten brackets down the street. So, maybe what we would look at is possibly buying the initial ten, but looking through some sponsorships to get more to kind of fill up the downtown area, so at least, you know, kick it off to some degree, but that they really go, you now, actually out selling that idea in downtown and I think that would really be a real positive for the businesses in downtown. Powell: Madam Mayor, just a follow up on that. She has contacted the MDC, as Keith has mentioned. They just haven't had an opportunity to get back. We needed to bring it to you before, then, because it's an online application and it is due July 1 st, so we kind of needed -- apologize for not having all the T's crossed and I's dotted at this point, but there was some -- a little bit of urgency in talking to you before the 1 st. That was -- Rountree: Madam Mayor? Meridian City Council June 15, 2004 Page 17 of 74 De Weerd: Yes, Mr. Rountree. Rountree: Just a point of information. MDC does have on their agenda -- ongoing agenda an entrance signage grant project that would be a permanent replacement for this kind of an activity. So, I can't give you a time line on that, but it is something we are talking about and having said that, if we need a motion to approve the advancing of this grant, I so move. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve pursuing this application. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Ite m 7 = (Items Moved from Consent Agenda) De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: FP 04-032 Request for Final Plat approval for 54 single family residential build ing lots and 7 common lots on 14.12 acres in a R-4 zone for Roseleaf Subdivision by Liberty Development - 3615 South Locust Grove Road: De Weerd: We will move to Item 8, FP 04-032. Start with staff comments. Powell: Madam Mayor, Members of the Council, this is a final plat for Roseleaf Subdivision. As a reminder, it's off of Locust Grove Road just south of Overland. Tuscany Village project, the triangular shaped project, is just north of this, if you recall that one. This is the approved preliminary plat. There is -- the final plat is in substantial compliance with the approved preliminary plat. Your staff report notes special consideration about the lack of a common open space in this location. They have revised the plat to include that and I believe you have got a full size plat on your chair today. So, that condition has been resolved, so it is in full compliance, basically, with the approved preliminary plat. That ends staff's comments. De Weerd: Okay. Council, do you have any questions for staff? Bird: Not at this time, Mayor. De Weerd: And is the applicant in agreement? Powell: Madam Mayor, I have not had a chance to talk to the applicant. He's catching my eye and he's nodded that he is in agreement with the conditions of approvaL Meridian City Council June 15,2004 Page 18 of 74 De Weerd: Okay. So, the applicant is in agreement with the conditions for the final plat and unless you have any questions for him, I think he's just fine sitting back there. Okay. Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve FP 04-032, final plat for Roseleaf Subdivision. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item No.8. All those in favor say aye. All ayes. Motion carried. Do I need roll call vote? Bird: Yes, you do. I'm sorry. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 9: Discussion of Sale of Property at Public Auction Resolution: De Weerd: Okay. Item No. 9 is discussion of sale of property at public auction resolution. I would ask our attorney to comment on this. Nichols: Madam Mayor, Members of the Council, this is a small lot that the public works department originally obtained, I believe, to put in a water pressure booster station. It was subsequently not needed. Since it's not needed, the subject of selling it, so they don't have to worry about weed control and that sort of thing, has come up. The first step for the Council is to assign a minimum declared value to that parcel. Public works department has given you an estimate of what they think the parcel is worth according to some discussions with the assessor's office and so it's up to the Council to determine what the minimum declared value is. There will, then, be a public auction. If the parcel -- if someone bids the minimum declared value or more, the parcel is sold. If the only bid is received or if there are no bids that are received, if the bids that are received are less than the minimum declared value, then, the city is free to negotiate with a willing buyer at a price that may be less than the minimum declared value. De Weerd: Thank you, Mr. Nichols. Any questions from Council? Okay. Is there any suggestions on value? There is a suggestion in front of you for a range. Mr. Nichols, did we not have a suggested -- Nichols: Just a minute, Madam Mayor. Watson: Madam Mayor? Meridian City Council June 15, 2004 Page 19 of 74 De Weerd: Yes, I'm sorry, Mr. Watson. Watson: Bruce Freckleton in our department provided an interoffice memo to the Mayor and Council on May 24th. It doesn't appear that it's in tonight's packet. And that memo contains the suggested minimum value range. I can repeat those -- all that information if you'd like. De Weerd: Yes, please. Watson: Bruce Freckleton spoke with Dan Curtis at the Ada County Assessor's Office. Apparently, Mr. Curtis told Bruce that an estimated value of that lot was 7,000 to 9,000 dollars. Just to follow up or qualify that, that's based on the added value to -- if it was added to the adjacent lot, rather than if it was sold as an independent parcel. De Weerd: So, if it was sold as an independent parcel, it certainly wouldn't have that kind of value. Watson: It would be non -- it's non buildable. De Weerd: Yes. It would -- so, that's the discussion in front of Council? Okay. So, Council, what direction do you want to go with this? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Not having any sage advise on this particular thing in terms of how to assess a minimum value on a non-build-able lot, but I would suggest that we start and consider something on the order of half of the minimum value as it might be of value to the adjacent property, which would be about 3,500 dollars, as a point of discussion. De Weerd: Okay. Is there any comments regarding that suggestion? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Unfortunately, I think we are all going to be shooting in the dark here. I think -- I mean I recognize that the minimum value as a non-build-able lot is probably pretty small. I guess our charge is is to make sure the public is getting the value of this property. My recollection was when we discussed this before, Brad, was this lot donated or did the city purchase it? And I just don't recall. Watson: Council member Nary, my recollection is that it was donated as part of the plat from the developer. Meridian City Council June 15,2004 Page 20 of 74 Nary: Okay. So, the taxpayers didn't expend any funds to buy it in the first place. Watson: No, they did not. Nary: Okay. And didn't pay any money to get it appraised, so I guess Councilmember Rountree's is probably as fair as anything. It seems reasonable to me. We didn't pay for it, so I recognize that likely the best likely buyer is going to be the neighbor and that seems like a reasonable amount as a minimum value is somewhere in that range. Bird: I would agree. Rountree: I have a coin to flip. De Weerd: That's all right. That's democracy. Okay. Do we have a motion to declare a value? Rountree: I move, Madam Mayor, that we declare a minimum value for the surplus property at 3,500 dollars. Bird: Second. De Weerd: Okay. It's been moved and seconded to value the minimum on this piece of property at 3,500. Does this need to be done by roll call, Mr. Attorney? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from June 8, 2004: Idaho Community Development Block Grant for Louisiana Pacific: De Weerd: Okay. Item No. 10 is a continued Public Hearing from June 8th on the Idaho -- I'm sorry. Nichols: Madam Mayor, I'm -- excuse me. Madam Mayor, the next -- you need to set a Public Hearing date on the sale of this parcel at that minimum declared value. So, Mr. Clerk can supply you with the appropriate date for that hearing. De Weerd: And what are the noticing -- Nary: Madam Mayor? So, that we have enough time to make sure noticing -- and right now we are looking at potentially not having a meeting on the 29th of June, could we -- I guess I move that we scheduled the Public Hearing on this property and the resolution for July 13th, 2004. Meridian City Council June 15, 2004 Page 21 of 74 Bird: Is that a motion? Nary: Yes. Bird: I will second it. De Weerd: Okay. It's been moved and seconded to designate July 13, 2004, as a Public Hearing for this piece of property. Is there any further discussion? Okay. Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Nichols: Madam Mayor, just to clarify, there will be a resolution on next week's agenda. In the materials we submitted, that one resolution that sets the hearing and so forth, if the clerk will provide that for next week, then, that can be done and a summary of Council action will be published and, then, the hearing will be held on the 13th of July. Item 10: Continued Public Hearing from June 8, 2004: Idaho Community Development Block Grant for Louisiana Pacific: De Weerd: Okay. Okay. Item 10 is regarding the Idaho Community Development Block Grant for Louisiana Pacific. It is a continued Public Hearing. Is there anyone in the audience who would like to testify on this item? Okay. We had continued this Public Hearing for any written comments and there were none received, so -- okay. Council, I would entertain a motion to close this Public Hearing. Bird: So moved. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Mr. Clerk, do you want to just let Council know what the next steps on this are in terms of -- we do need to pass a resolution, I believe, on this, but that it will be going in front of the Governor's Council in July -- on July 22nd. Berg: Madam Mayor, I think you have kind of spelled it out pretty good, but I will just follow up. They will complete the grant, because it's kind of pending right now and that's due June 21st and it will go before the group in Rexburg, which you will be attending for the presentation in July. Meridian City Council June 15, 2004 Page 22 of 74 De Weerd: Okay. And there is no further action needed at this point from Council for the application itself? Rountree: We just need to have a hearing. I thought we just had to have a hearing. Berg: I think previously you accepted to go ahead with this application and so we just have the process of the hearing and following through with the completion of the application. De Weerd: Okay. There was not a -- was there a motion to move forward with this application? Berg: No. Just to close the hearing. Yeah. Just to close the hearing. De Weerd: We did. Berg: That's all the motion was, so they can move. Just go ahead. De Weerd: Council, could I have a motion to move forward with this application? Rountree: So moved. Bird: Second. De Weerd: Okay. It's been moved and seconded to move forward with this application for the Idaho Community Development Block Grant for LP. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. We are in the Public Hearing process and we do ask that everyone that will want to speak on any of these items that are in front of us for Public Hearing, Items 11 through 18, if you would like to share testimony on any of these items, if you will, please, raise your right hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so, answer I do. (Affirmative answers.) Item 11: Continued Public Hearing from June 8, 2004: RZ 04M006 Request for a Rezone of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No.4 by Sutherland Farm, Inc. - East of South Eagle Road and north of East Victory Road: Item 12: Continued Public Hearing from June 8, 2004: PP 04-009 Request for Preliminary Plat approval of 79 single-family residential building lots & 8 common lots on 16.1 acres in proposed R-8 zone for Sutherland Farm Meridian City Council June 15, 2004 Page 23 of 74 Subdivision No.4 by Sutherland Farm, Inc. - East of South Eagle Road and north of east Victory Road: Item 13: Continued Public Hearing from June 8, 2004: CUP 04-009. Request for modification of the original Conditional Use Permit for a Planned Development to allow the elimination of five office lots and the addition of 47 single-family lots in addition to the 32 residential lots previously approved for a total of 79 single-family lots for Sutherland Farm Subdivision No.4 with request for reduction to the minimum requirements for lot size, street frontage and front yard setbacks by Sutherland Farm, Inc. - East of South Eagle Road and north of east Victory Road: De Weerd: Thank you very much. I will open the continued public hearings on Items 11, 12, and 13 and start with staff comments. Powell: Madam Mayor, Members of the Council, before I begin, I apologize, I understand why this was continued, but I forgot to ask if you had a detailed presentation of this application last time and, then, we are just discussing the unresolved issues. Okay. Thank you. That means a much shorter presentation. This item was continued to allow staff an opportunity to review a revised site plan. Steve Siddoway has done that and you do have a revised site plan in front of you today. There were three issues that came up with regard primarily to fire and I will go through those rather quickly. Steve has detailed those in a memo to you dated today and they concern primarily some private drives. There is a private drive in this location that seNes four lots. Normally, under the code provisions they would be required to make that common driveway 24 feet wide. They have proposed it at 20 feet. In addition, there is a common drive in this location that serves two lots. Normally, under code it would be required to be 16 feet. Again, they have proposed 20 feet. And the final common drive is in this location, serves two units. They have provided 20 feet. So, they are all straight driveways, there is no curves in them, so we felt comfortable approving this one that serves the four at 20 feet. The first condition -- the first item that Steve has pointed out is to delete preliminary plat site specific condition number six and replace it with a new condition number 15 that just states that all common drives shall be 20 feet wide, as depicted on the plat. In this private drive location it connects to another private drive or access easement through here and they have proposed that that would be -- serve as an emergency access for the fire department, because right now there is just one into the subdivision. So, this would provide a secondary access to the subdivision. And that item is addressed in item number two on Steve's memo; delete the second sentence in item number six of the fire department comments. This would serve as the stub street, those two common drives in that location. And the fire marshal has also requested that Lot 43, Block 11, be posted no parking, fire lane, per the International Fire Code and that's a common drive issue again. So, those were the three changes and that cleans up the plat per the last hearing's discussion. Meridian City Council June 15,2004 Page 24 of 74 De Weerd: It's a good thing we asked you for your short version. You would have lost your voice. Okay. Council, do you have any questions for staff at this time? Bird: I have none. Rountree: None. De Weerd: Okay. Is the application here? Would you like to comment? No? Okay. There is no further comment by the applicant. Is there anyone who would like to testify on this application? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move we close 11, 12, and 13, Sutherland Farms No.4 applications. Wardle: Second. De Weerd: Okay. It's been moved and seconded to close the public hearings on Items 11, 12, and 13. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Discussion? Hearing none, do I have a motion? Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item No. 11, RZ 04-006, rezone for Sutherland Farms Subdivision and to include all staff, applicant, and public comments. Bird: Second. De Weerd: It's been moved and seconded to approve Item 11. Is there any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARR I ED: ALL AYES. De Weerd: Thank you. Okay. Item 12. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item No. 12, PP 04-009, Sutherland Farms Subdivision No. 4, to include all staff, applicant, and public comments. Meridian City Council June 15, 2004 Page 25 of 74 Nary: Second. De Weerd: It's been moved and seconded to approve Item 12. Is there any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 13. Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item No. 13, CUP 04-009, Conditional Use Permit for Sutherland Farms Subdivision NO.4. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Item 13. Is there any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: PFP 04-005 Request for Preliminary Final Plat approval for the re-subdivision of Lot 10 and portions of Lots 9 and 11, Block 11 into 3 building lots on 3.46 acres in a C-G zone for Copperpoint Subdivision by Larson Architects - east of South Eagle Road on the south side of East Copperpoint Drive: De Weerd: Okay. Item 14 is Public Hearing PFP 04-005. I'll open the Public Hearing with staff comments. Powell: Madam Mayor, Members of the Council, this property is just north of the Sutherland Farms -- it's hard to see the outline, so I'll point it out. It's right there. But it's Copperpoint Subdivision. It's a re-subdivision of Lot 10 and portions of Lots 9 and 11 in the Silverstone Subdivision. They had done a lot line adjustment to create the property boundaries and now they are asking to subdivide the property. It does take access off of Copperpoint Drive. They have come in for a certificate of zoning compliance to begin construction on the large lot, Lot 3, and, then, there is a lot here -- a lot here that the general pattern -- you can see the outline of the proposed building. They have not provided details on this, but the general circumstance pattern will be that they will have a shared access coming off of Copperpoint Drive that will come down to this area. There is a portion -- a parking lot that takes access there and, then, it will take access -- switch technologies -- here as well. Madam Mayor, Members of the Council, those largely summarize the issues related to this subdivision. It is a re-subdivision of an Meridian City Council June 15, 2004 Page 26 of 74 existing lot. There aren't a lot of outstanding issues related to services or adjoining uses, so with that I will end staff's presentation. De Weerd: Okay. In the Public Hearing process we do allow the applicant 15 -- up to 15 minutes to present their project. The public commenting process is three minutes and, then, the 'applicant can come up and respond to any public testimony. Is the applicant here tonight? And were you sworn in? Larsen: Yes, I was. De Weerd: Thank you. Please state your name and address. Larsen: My name is Cornell Larsen. Address is 210 Murray in Garden City. De Weerd: Thank you. Larsen: Thank you. Madam Mayor, Members of the City Council. My name is Cornell Larsen, I'm here tonight representing the applicant on the project. The request is pretty much as staff had stated. This building has a permit that's available to pick up, we were just confirming fees today. There would be a second building here that would be the next portion of the project. There would be a building on this site and a building on this site when it's built out. These two would be single level buildings, this is a two story, this would be a two story. The subdivision is merely to create the additional lots and the availability of having separate building sites for each of those lots. We reviewed the conditions, do not have any problems with the conditions, and be happy to answer any questions. De Weerd: Okay. Do you have any questions for the applicant? Okay. Thank you. Larsen: Thank you. Powell: Madam Mayor? De Weerd: Yes. Powell: You give me three weeks off and I forget how to do this. This does come forward with a recommendation for approval from the Planning and Zoning Commission. Mr. Larsen was the only one to testify at that hearing. There was no opposition to it from the public and there were no major changes to staff's initial recommendations or to the project. So, there are no outstanding issues before the City Council. De Weerd: Thank you. Is there anyone who would like to testify on this application? Okay. Thank you. Council? Rountree: Madam Mayor? Meridian City Council June 15, 2004 Page 27 of 74 De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing on PFP 04-005. Bird: Second. De Weerd: Okay. It's been moved and seconded to close Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the final plat for Copperpoint Subdivision, Item No. 14, PFP 04-005. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item 14. Is there any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: MI 04-002 Request for removal from the City of Meridian's area of impact for Fred Schuerman by Fred Schuerman - west of North Cloverdale Road and north of East Fairview Avenue: De Weerd: Okay. Item 15 is Public Hearing for MI 04-002. We will start with staff comments. Powell: Madam Mayor, Members of the Council, this is a miscellaneous application to-- the purpose of this is to decide whether you as a Council want to go forward with -- to Ada County to request a change in the area of city impact boundary. Mr. Schuerman's property, as you can see, is -- fronts Fairview Avenue and it is just on the border. The purple line marks the boundary between the Meridian area of city impact and the Boise City area of city impact. The property owner, Mr. Schuerman, also owns the property on the Boise City side. He is currently developing it. You can see one of the buildings going forward. You can see the site work that's already begun and he does have city services to this site. His primary -- the driving force behind this request is to provide services to the existing commercial businesses at that property. The request would not drive new development on the property, it would just serve the existing structures that are currently there. You can see how he's proposed an integrated system and Meridian City Council June 15,2004 Page 28 of 74 development of those properties. If the Council chooses to move forward on this, there is a question of what fees would be appropriate for having him go forward. We don't have any fees associated with a developer-initiated change to the area of city impact agreement. It does require a fair amount of staff time to take those forWard to Ada County and work with them and Boise City on those negotiations. I do want to point out when this started Mr. Schuerman was -- felt that the likelihood of him having services available from the City of Meridian in the near future was small. Just yesterday we did have a pre-application conference on this property and they talked at length to public works department about boring underneath Fairview Avenue to provide services to this lot, which would, then, extend it to this property as well. As you know, this is a larger undeveloped property that is under single ownership and we have only heard rumors as to when and where and how that will develop, but that is a large parcel for development. The natural flow of services, I believe, is from the north down to this property, but I'll let Mr. Watson verify that. So, there is -- there are some vacant properties adjoining this, despite the heavy development on the south side of Fairview Avenue. Watson: Madam Mayor, if I could just touch on the services issue a little. After Anna and I spoke this afternoon preparing for these applications, I spoke with our engineering technician who attended the pre-app meeting on the lot to the west. There appears to be some question as to whether that sewer that is presently in the corner of the Wal- Mart lot could physically get to that eastern most lot. Evidently, the sewer is about five feet deep and by the time they bore across, bring it across that approximately 250, 300 foot lot to this lot, we are not sure we have the depth to do it. In the master plan this is designated to go northwesterly into the South Slough extension. Water, if it was bored across, probably would not be an issue. That's alii have. Thank you. De Weerd: Okay. Council, any questions for staff? Powell: I wasn't quite done. Still need to get to the Planning and Zoning Commission recommendation. Staff did not make a recommendation on this application. The Planning and Zoning Commission have recommended a recommendation for approval. The applicant Mr. Schuerman testified in favor of the application. There were no members of the public that testified on the item. The key items of discussion were the sanitary sewer and water service and, then, the application fees associated with the area of impact boundary adjustment. The Planning and Zoning Commission, as I said, they did modify the staff report to delete the references to the current -- the fee schedule and staff does need to take this forward to you under a separate application, but we did want some discussion tonight, but they did delete it from the staff report as being not pertaining to this one particular application, but a general discussion. And with that I will end staff's presentation. De Weerd: Thank you. Questions? Okay. Is the applicant here? Were you sworn in? Schuerman: No, I didn't. Meridian City Council June 15, 2004 Page 29 of 74 De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Schuerman: It is. De Weerd: Thank you. Please state your name and address and spell your last name. Schuerman: My name is Fred Schuerman, S-c-h-u-e-r-m-a-n. My address is 6134 Emerald Street in Boise. De Weerd: Thank you. Schuerman: Madam Mayor, Members of the Council, this application is the result of the unique situation where the boundary of the area of impact bisects a property and the property is intended to be developed all as one development and we -- the utilities are available within just a few feet. Water and sewer are available right in this area and I don't know if or even if it's possible to get it from the City of Meridian and the annexation is not possible at this time, because there is not a connection of properties to Meridian and so it just makes common sense that it really should be all under one development and one area of impact. I pretty well, I think, covered my reasons for my application, so in a sense of expediency, I -- are there any questions on this? De Weerd: Council, do you have any questions? Bird: I have none at this point. De Weerd: No. No, sir. Do you have anything further you'd like to share? Schuerman: No. There are just, you know, several reasons, but I don't know if I should take the time to go through them all at this point. De Weerd: Council, do you want to hear what -- anything further as to the reasons why this should be brought into Boise's area of impact? Schuerman: Thank you. De Weerd: Thank you. Okay. Is there anyone else who would like to share testimony on this application? Okay. Council, discussion or a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Don't hear everybody talking, so I will make a motion to close MI 04-002, Public Hearing for Fred Schuerman. Meridian City Council June 15,2004 Page 30 of 74 Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I'm inclined to think that since this is a request of the city and there are costs incurred that the applicant desirous of this change, should bear the costs to move forward with the change in the impact area, but that's just my opinion for discussion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: What kind of cost has Planning and Zoning got into this? I mean you said there was costs, but until you get a number, you -- it's hard to tell and I, too, concur with Councilman Rountree that if there was a major cost there should be reimbursement for it. Powell: Madam Mayor, we have not yet gone through to propose a cost. I guess we were waiting to see where this went before we developed one. They paid the fee for the miscellaneous application, which covered the cost for this hearing. Since the area of city impact boundary amendment does require meeting with -- for you all to meet with Ada County and, then, generally staff has to go to the planning and zoning commission hearing, as well as the board hearing on the matter and, then, just coordinate time. I mean we basically become an applicant at Ada County, so they have a developer- initiated fee that we can look at that one or depending on what Council wants to do, we can try and develop some estimates on time. Also may require coordinating with Boise City on this one. I believe he would have to actually go to Boise City and ask for them to amend their area of city impact as well, once both cities agree that it would go to the county. De Weerd: Do we have any other upcoming actions requested to the county that we could partner this with? Powell: There is the park -- the change for the park ordinance to -- excuse me. I'm getting a little tongue-tied. The request to have Ada County adopt our park impact fees is an application that's ready to go forward to the county. There have also been possible discussions of a change in the boundary toward the north end of town. Those Meridian City Council June 15,2004 Page 31 of 74 are the only two items that are under discussion right now. The park impact fee would be the soonest that could go. De Weerd: That will go. Powell: Yes, ma'am. Excuse me. De Weerd: Okay. Council, any further discussion? Bird: I have none, Mayor. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: So -- and I would agree with what's been said. I think if the developer -- the property owner wants to move that, they are going to have to bear the cost, I guess. ] think all we are asking is probably a better idea of what those costs are, so he knows and put it on the agenda for that discussion with the county. I think is that all we are doing today? I mean it does make sense, so I don't have a concern with it other than that. Rountree: No. I agree. De Weerd: Okay. We do need a motion, though, on this item. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I guess I would move to -- for the planning director to get a better idea of cost, to communicate that to the applicant and, then, to include this in the next joint meeting with the Council and the county commissioners and, I guess, prepare the process -- to begin the process of transferring this property from the Meridian City area of impact to the Boise City area of impact. Rountree: Second. De Weerd: Okay. It's been moved to -- Nary: Whatever that is. Rountree: If you can repeat it. Bird: Discussion? Meridian City Council June 15, 2004 Page 32 of 74 De Weerd: Is there any discussion on this? Nichols: Madam Mayor? De Weerd: Yes, Mr. Nichols. Nichols: Madam Mayor, Members of the Council, with an application there needs to be some kind of an order and so what I would propose would be we would prepare an order that would approve the miscellaneous application and make it contingent upon the applicant and staff agreeing on appropriate fee for the staff time associated with prosecuting the area of impact amendment through the county and Boise City processes. And so, then, when that agreement is reached on the fees, then, staff has the green light to go ahead. If there is a dispute between the staff and the applicant with regard to the propriety of the fees, they can bring that back to you for resolution. De Weerd: Thank you, Mr. Nichols. Nary: That's what I meant. Rountree: And I agree. De Weerd: If you will second that. Rountree: Yes. Nary: All of that. De Weerd: Please don't ask me to repeat that motion or we could ask Dean to, please, type it back to us. Bird: Madam Mayor? De Weerd: Yes. Bird: Would you clarify that motion for us, please, before we vote? De Weerd: You're funny. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: CUP 04-010 Request for a Conditional Use Permit for a 1 DO-foot monopole communications tower in a C-G zone for T-Mobile by T-Mobile I Terry Cox - southeast corner of East Overland Road and South Eagle Road: Meridian City Council June 15, 2004 Page 33 of 74 De Weerd: Item 16 is a Public Hearing on CUP 04-010. I will open this Public Hearing with staff comments. Powell: Madam Mayor, Members of the Council, back to the south end of town. We are, again, off of Copperpoint Drive. It, actually, connects on the road that goes through the -- the primary road through the Silverstone development. This is a request for a cell tower. The lot in question has a flag and you can just barely see it there that does go down to Copperpoint. The site is currently developed. Conditional Use Permit. This is the flag, so it's near the end portion of the flag. The request is to construct a wireless communication facility, which would include a hundred foot tall steel monopole and supporting equipment in this C-G zone. It's -- the location is, as I have pointed it out, about approximately 1,200 feet east of Eagle Road and 1 ,600 feet south of Overland Road, so it is off the main travel routes. The tower and the associated equipment will take about a 16 by 24 foot area and it will be on a lease site. The applicant has agreed to provide two locations -- two co-location arrays for the future. They are only required by code to provide one, so they are providing an additional one and it would appear that the structures meet all the requirements as put forth in the planning -- in the zoning ordinance. This does come forward with a recommendation for approval from the Planning and Zoning Commission. The applicant's representative Clark Harris testified in favor of the application. No members of the public testified in opposition or in favor. No members testified. The key issues of the discussion were the proposed fencing around the tower and the color of the pole, what it would be painted, and the Commission did modify the staff report. One was to require the applicant to paint the mono pole structure a mat gray color, medium to dark. Before it had been a natural color, so it was just changing the color of the paint. And the Commission modified comment number two from the Meridian fire department to specify that the applicant post the building address on the outside of the sight obscuring fence, rather than on the pole itself. And there would appear to be no outstanding issues before the City Council this evening. I will end staff's presentation there. De Weerd: Thank you, Anna. Is there any further questions from staff? Any questions? Is the applicant here? Please state your name and address. Harris: Clark Harris. I live at 1571 East Harward in Salt Lake City, Utah. De Weerd: Thank you. Harris: Good Evening, Mayor, Members of the Council. One thing I would like to clarify, just to make sure you folks know where the location is. Is it possible to have the slide that shows the overall plat? Yeah. That will work. The actual site is in this corner here, this being East Copperpoint that was discussed in the previous application. The location was chosen to best hide it and take the tower off of all major thoroughfares or access roads into the growing subdivision and community business park. My understanding is when Sundance was developing this, they kind of communicated to you folks and this would be something that would be part of the whole development and Meridian City Council June 15, 2004 Page 34 of 74 that's where this location has come from and so this is something that is not brand new to you and previously has been at least discussed, details probably not. But what T Mobile is looking to do, as you're probably aware of, we are building right here in this whole parcel a call center that will employ about 600 to 700 folks. It's due'to open and start receiving phone calls around August 1 st of this year. One of the primary functions of the -- the purpose of what we are looking to build the cell site is to, obviously, handle the phone calls that the employees will be using, not necessarily for their business, but for their personal use and also since the business park is growing, as you're probably aware of, there is a three story tilt up building going right in this location, I believe for Citi Bank or Citi Corp that should be opening and supposed to be 1 ,500 people. So, as you're well aware, there is a lot of development in the area and we are looking to provide wireless coverage. As staff mentioned, the structure is going to be designed to handle up to three carriers. T Mobile will only be installing the actual antenna array for our antennas and that will be at the top, the 100-foot mark. Future carriers, if they ever come, would install their own -- you know, obviously come before you as a CUP or whatever their zoning process is and, then, they would install their own wireless array for actual antennas. The physical mass or the pole will be able to support that growth in the future. One -- a couple of items I just wanted clarify that was discussed at the planning commission. The fence will be a vinyl fence, baize in color, six feet in height, and that was at the request, again, of the owner, because it blends in with all of the other existing fencing and overall conditions of approval for the Silverstone development. And we are accepting of that and also the request of the fire department, we have our address posted on the outside of the fence and we are definitely understanding and accepting of that. And also with me as a final, I have some proposed idea for colors that I just wanted to kind of present to you folks to see if we are all on the same page and I was looking at some gray colors and I don't if it's possible to hand them to you or what the proper procedure is. Powell: Mr. Harris, we can put them on the overhead. It does have color, so it will work. Harris: Oh, it does? And what we are doing is painting the pole and it would include all the antennas and anything that you would see up in the air. De Weerd: I thought you had color. Harris: Believe me, when I went to the Sherman Williams store I had no idea there was this many shades of gray and the one that I was actually looking at was called uncertain gray, which I cannot pick out for the life of me which one it is. Is it possible -- it will say uncertain gray and I can't -- it's this one right here. The moral of the story is I was looking at these three shades of gray in here. I have found when you get too dark it sticks out and when you get too light it sticks out, because the eye is attracted to the brighter color, like flowers. So, I have found in my ten years of doing wireless development that these kind of grays, obviously, flat mat, non-reflective colors, seem to blend in with a large majority of the sky and so that's what we are looking at in Meridian City Council June 15, 2004 Page 35 of 74 somewhere in that color range and J just wanted to kind of throw that out. Other than that, I'm open to any questions or things you may be interested in. De Weerd: Council, do you have any color questions? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: J know Mr. Nichols and I would say there is probably more shades of gray than that, but is that color pretty similar to what you see on the power poles? I mean that's -- they are probably the ones that blend -- Harris: Yeah. Basically, what we are doing is there is kind of galvanized steel that dulls with time. When it first goes up they are very reflective, but they wear and lose their shine and that's what we are trying to get to is to get to that as quickly as possible. Correct. Nary: Thank you. De Weerd: Okay. Any further questions? Harris: Thank you. De Weerd: Thank you. Is there anyone who would like to offer testimony on this item? Okay. Thank you. Staff, any further comments? Powell: No, ma'am. I just wanted to apologize for not knowing the correct location of the tower. I was too lazy to walk to Craig's office and we were trying to do it over the phone, so I apologize. That does make more sense, the location that he pointed out. So, I apologize to the applicant for not being correct. That was all. De Weerd: Thank you. Any questions, Council? Do I have a motion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we close the Public Hearing CUP 04-010. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 16. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council June 15, 2004 Page 36 of 74 De Weerd: Any discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 04-010 for T Mobile by T Mobile, Terry Cox, for a new monopole communication tower. Rountree: Second. De Weerd: It's been moved and seconded to approve Item 16. Is there any further discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: PP 04-010 Request for Preliminary Plat approval for 6 commercial building lots on 5.23 acres in a L-O zone for Valencia Plaza Subdivision by Aspen Grove Development, LLC - east of South Locust Grove Road and south of East Overland Road: De Weerd: Thank you. Item 17 is Public Hearing PP 04-010. I will open with staff comments. Powell: Madam Mayor, Members of the Council, you discussed the development agreement for this property last week to remove the conditional use requirement for every use that goes on. This is the follow-up subdivision that I think you know is coming. It is a lot -- the large lot that was originally thought that was going to be the ice skating rink as part of Resolution Subdivision, they are now proposing six lots. J'm going to go to the landscape plan. I was hoping you would be able to see the size of the lots. They run from 5,500 to about -- I think this one is 14,000 square feet and 13 some odd thousand square feet. These were nine and seven, I believe. So, there is a variety of building sizes. None of them are terribly large. As with the previous re- subdivision, there is not a lot of issues related to the provision of services or adjoining uses, because it is a previously planted lot. The Planning Commission has forwarded a recommendation for approval to you. Mark Guho, representing Aspin Grove Development, testified in favor of the application. No members of the public testified about the proposed development. The key issues of the discussion and questioning by the Commission included the internal drive aisle design through here and the requirement for future CUP approval of office buildings and that relates to the development agreement that you approved -- the modification to the development agreement that you approved. With regard to that, because you have approved that, site-specific condition number two should be deJeted from the recommendation that you Meridian City Council June 15,2004 Page 37 of 74 have tonight and that was with regard to the need to provide conditional use approval on each lot as they were developed. There is one modification that's required to the site design and that's just to shift this drive aisle down five feet, so that it -- wrong way. Sorry. So, that it lines up with this property. As you may recall, the Gaudry Seegmiller Subdivision occurred through here and there was no cross-access required going East- West. There is a shared drive that kind of comes down in this area and, then, will come across the northern end of this yet undeveloped property and, then, it will tie in with this development and I just wanted to point that out to you and with that I will end staffs presentatio n. De Weerd: Thank you. Any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Is that the section, Anna, where you were just pointing to that is going to connect to that flag lot piece below? It seems like I remember we required that there would be connection in the future and they would, then, not have the emergency access up above it. Powell: Yeah. Gaudry Seegmiller was required to provide an emergency access going south, not going East-West. It was going south. So, once that comes through here, there was a question as to when that temporary access could go. Nary: Right. Yeah, that was my recollection is I thought there was supposed to be some access here at this point in the future and, then, this would go away and I just couldn't tell from that site plan you showed, is that a -- Powell: It comes in right here. Nary: -- parking lot through right there? Powell: Yeah. Nary: Okay. Powell: It comes right there. Right now the way they have got it shown it kind of splits that property line, so we had them shift it down, so it comes right at the north property line. We had them shift it down to accommodate the required five-foot landscape buffer along the drive aisle -- or along the property line. Excuse me. Nary: Great. Thank you. De Weerd: Okay. Any further questions? Is the applicant here tonight? Meridian City Council June 15,2004 Page 38 of 74 Dllnsmer: We are coming en mass. De Weerd: Please state your name and address. Dunsmer: My name is Jason Dunsmer, 391 West State Street, Eagle, here on behalf of Mark Guho, the applicant. We thought we would answer any questions you had and other than that, staff has done a good job with the report and we agree with the conditions. De Weerd: Okay. Thank you. Any questions for the applicant? Bird: I have none. De Weerd: Thank you. Okay. Is there any further testimony on this application? Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no more testimony, I move we close Public Hearing on PP 04-010. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 17. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion by Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 17, PP 04-010, preliminary plat for Valencia Place -- excuse me -- Plaza Subdivision. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Item 17. Staff did recommend deletion of one of the items and is that included in that motion? Wardle: Yes. Included in the motion, if the second agrees. Meridian City Council June 15.2004 Page 39 of 74 De Weerd: Okay. If there is no further discussion, Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 18 is Public Hearing AZ 04-009. I will open this Public Hearing with staff comments. Powell: Madam Mayor, could I just have like a 30 second break? De Weerd: Staff or Council, five-minute break? Powell: Thank you, Mayor. De Weerd: Thank you. We will reconvene at ten minutes to 9:00. (Recess.) Item 18: Public Hearing: AZ 04-009 Request for Annexation and Zoning of 36.93 acres from RUT to C-G zone for Market Sauare by Smith Brighton - northeast corner of North Eagle Road and East Ustick Road: De Weerd: Okay. I will go ahead and call this meeting back to order and ask staff to comment on Item 18. Powell: Madam Mayor, Members of the Council, thank you for that break. I appreciate it This is an application just for annexation and zoning of 36.93 acres that are currently zoned RUT. They are requesting a zone of C-G. It's located at the northeast intersection of Eagle and Ustick Road. The applicant has provided a detailed plan for a portion of the property, the southern portion. I believe this is a modification from the Planning and Zoning -- the site plan that went forward to the Planning and Zoning Commission. They have modified it somewhat This is a large building. The applicant will give you the exact square footage. I remember it was four acres, so about a 160,000 square foot building. I do have elevations for that And, then, there are several pads over here, as they proposed small service, commercial, and retail in this area and, then, just general commercial on the remainder of the property. Immediately upon annexation the applicant does intend to use his one-time building permit to pull a building permit for this structure here. As part of the rezone application the applicant has proposed a detailed list of permitted conditional and prohibited uses for the entire site and that would be incorporated into the development agreement Those should have come forward to you as an attachment, Exhibit B, I believe, in your staff reports or -- and also in the staff report staff has proposed a few modifications to those permitted uses. Staff is recommending that bottling and distribution plants, hospitals, molded plastic products, major utility facilities and warehouse storage be shifted from principal permitted to conditional uses. I do have some elevations for the proposed building. Meridian City Council June 15, 2004 Page 40 of 74 Th-is does come forward with a recommendation for approval from the Planning and Zoning Commission. David Turnbull representing the applicant testified in favor of the application. He did provide a general background and overview of the project. Jim Manyon, who would be the site development manager for the -- I guess it's on the record now, for Lowe's -- this is a Lowe's building. They did -- Mr. Manyon would be the site manager for Lowe's, so it's the more detailed portion of the application. There were five different property owners in the Heather Meadows Subdivision to the east in this area here and they testified with concerns regarding traffic, the generator, compactor, and other noise pollution that may be created by Lowe's, public safety of children due to heavy traffic use, the hours of operation of Lowe's, and the lack of mixed -- of uses on the site, which this is designated as a mixed use regional on the Comprehensive Plan and staff has added their usual concerns about the mix of uses with particular regard to high density residential uses along transportation corridors as called out in the Comprehensive Plan. Carl Gibbert, the property owner to the south in this location, expressed concerns regarding the proposed driveway location and the increased traffic condition on Ustick. Dave Bowker, Board Member of the Boise Nazarene Church, which is just to the north of the property in the city of Boise testified about proposed access points and the potential property line conflict between the church parcel and the subject property. As a response to the concerns expressed that evening, the Commission did add a trash compactor and emergency generator to the list of activity uses which must get special accommodations for visual and acoustic impacts. They also added time restrictions from 7:00 to 6:00 p.m. for loading, trash collection, generator operations, and similar activities. The outstanding issues before Council regard, as I have briefly mentioned, the mix of uses proposed by this development. Currently they are proposing retail and commercial, which, basically, is all-commercial. They have not proposed, really, any office uses or residential uses or public uses or public plazas, as kind of called out by the Comprehensive Plan. The other remaining issue -- and I should have explained this a little bit beforehand -- is the access points onto Eagle Road. The applicant right now is proposing to construct a new road on the east side of the property. This road would serve as the -- what we call backage road for the area and it could continue down through potentially down to here into this property, which was approved with C-G zoning as part of Red feather and, then, provide that back access road to Eagle Road. So, there is a good potential that that could continue over time, which would provide a nice back-age road for this commercial development, as well as the one that's been proposed or approved for annexation and zoning in this location. And, then, they are proposing two driveways, in addition, off of Ustick. They are proposing two access points off of Eagle Road, one at this location and one at this location marks about the quarter mile. The ITD recently did a corridor study for Eagle Road and the general results of that corridor study were to limit access points to the half-mile and staff has been supporting that. The Planning and Zoning Commission also supported that recommendation. There is some question about Bald Cyprus Road. It's -- our understanding is that it was partially constructed, it's about 80 percent constructed in this location here. Our understanding from ITO is that although it's partially constructed, it was never approved for construction and that this access point was not approved for Bald Cyprus. So, even though it is partially constructed, what we have understood from ITD is that that construction was -- or that road location was not Meridian City Council June 15, 2004 Page 41 of74 approved. So, those are the two outstanding issues is the mix of use and, then, in general, the ITD conditions. And with that I will end staff's presentation and answer any questions you may have, if I can stop coughing. Excuse me. De Weerd: Any questions for staff at this point? Okay. Is the applicant here tonight? You have 15 minutes. Turnbull: My name is David Turnbull. My address is 12601 West Explorer Drive in Boise. De Weerd: And did you participate in the swearing in portion? Turnbull: In the swearing in portion? De Weerd: Uh-huh. Turnbull: No. De Weerd: Okay. If you will raise your hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Turnbull: Yes. De Weerd: Thank you. Turnbull: I appreciate Anna's presentation. She's gone above and beyond the call of duty tonight. She's been suffering from this for a while I know and hope she gets better. This is a property that we are proud to bring forward to the City of Meridian. It was interesting to me that we had another application here tonight trying to shift areas to Boise from Meridian and I'm sure you're all aware of this property here, because it was a topic of a lot of discussion over the past, I don't know, six, seven years about whether it should be in Boise, whether it should be in Meridian, but we delighted to bring it forward to the City of Meridian. I appreciate the overview that's been given of this project. I don't want to belabor any of the points that Anna has already presented. The primary issues are transportation; we have ITD conditions that we will have to meet. Those are not all worked out yet here, but we have with this property three dedicated access points on Eagle Road. We are proposing to take those down to one access point and, then, share an access point with the Nazarene church to the north, which would be the continuation of Bald Cyprus. I'm not sure that Anna was exactly correct on the situation with Bald Cyprus here. That road was constructed about 80 percent. It was never completed, because it required a decellane in this area right here and the owner of this property and the owner of this property never could get together and work those things out. We have -- since we went under contract on this property, we have gotten together with the Nazarene church to the north and we worked out the cost sharing arrangements on this road and the decel lane and all of those things, so we believe we can get that accomplished. And I believe it was permitted by ITD with the Meridian City Council June 15,2004 Page 42 of 74 co"ndition that that decel lane be included as part of the package. So, we look forward to completing that process. But we are doing our best to limit the access points, but we do have three dedicated access points currently and we still need to keep at least one of those to make this project a viable project and I think that's in the best interest of everybody. The other thing -- the other transportation entity involved is ACHD on Ustick Road. We have been through their process, they have reviewed the plans, and they have found this concept acceptable. There was some discussion about signalization in this area here and we had that discussion with Terry Little at ACHO, also with Gary Inselman, who is here, and it was actually I think Terry's idea, through Christy Richardson, it was expressed to me, that this signalization be allowed to occur here, so that this road could act as a mitigation to the Eagle Road traffic. So, Anna is correct in stating that there are concepts that that could act as kind of a back-age road and provide connectivity out to where signals could eventually occur clear up here on the half mile point. So, we think that that's an excellent solution, but it doesn't come -- it comes with a great deal of cost. Building that quarter mile stretch of road will cost us in excess of a million dollars in construction and land costs, so it's not a condition that's easy to swallow, but we think that we can work with that and we think it's an important component and we are willing to work with that. We do -- I do think that that leads into a little bit of the issue that Anna talked about and that's the mix of uses. We believe that this area is the prime -- this corner in particular is the prime retail corner for that intersection. It's the so-called going home site for traffic and that's what -- where the retailers first preference is to go and so we will do our best to incorporate some professional offices. The staff recommended and the city has -- excuse me. The Planning and Zoning Commission recommended -- they did clarify that that would include some professional office. We will do our best to do that. We build probably as much professional office space as anybody here in the valley, so we are not adverse to that, we just have to make sure that it's feasible and it works well together with the retail. Oftentimes you will find when you mix uses -- that mixed use, that it's predominately office, with a small service component of retail. So, we just have to make sure that it's all-marketable and that it will succeed in the marketplace. Let's see. The -- we don't really have much to discuss with the staff's recommended list of conditions, but I do have two items and I will read them and, then, I will give you a copy and these are the revisions we'd like to make. They are pretty much in line with the staff's conditions. Item 83.C3, we'd like to modify to read -- I think this is on page three or four. Powell: Page four. Turnbull: Four? Page four. We would like to modify that to read: Any structure -- and this is what we asked for from the Planning and Zoning Commission and I think that they accepted it, but it didn't quite get translated into the same wording in the condition. But any structure over 50,000 square feet shall require a conditional use permit for -- and, then, add site plan review only and not for permitted uses which are listed separately under this application -- under the application. And, then, in Item 8.3.0, the following stand -- pretty much intact it will say: The following standard shall apply to all development on the subject property. All loading docks, compactors, emergency generators, trash collection, outdoor storage, or similar facilities and functions shall be Meridian City Council June 15.2004 Page 43 of 74 incorporated into the overall building and/or landscape design, so the visual and acoustic impacts of said functions are minimized. And, then, the revision we would make is that all such activities shall be in conformance with the city's noise ordinance. There was a kind of -- well, without much discussion between parties, there was a time limit placed on the operations and you have a noise ordinance in place and any violations of that noise ordinance is enforceable against this project or any other project and we would simply ask that this project be required to comply with your noise ordinance. There was some discussion about standby generators and what is a standby generator. It's an emergency generator. It has to be tested once a week and Lowe's is willing to limit that testing to anytime. They suggested Wednesday between the hours of 3:00 and 4:00 o'clock. So, that should resolve any concerns about the emergency generator. Now, there is not a great deal of truck activity with this Lowe's, as you might expect. I mean it is a home improvement center, but they average about five to six delivery trucks per week and when they pull in, it's a matter of pulling in, loading up to the dock, sealing up the dock to the truck and, then, the unloading all takes place inside from that loading dock. There are some other deliveries, like UPS and Federal Express and those kind of miscellaneous deliveries, but it's not a heavy truck situation like you might envision. So, with those few revisions, we'd ask the City Council's approval of this annexation and rezone application and with specific approval on a site plan design and for the Lowe's facility, which we submitted, and to accommodate the tenant's schedule, we would ask that the Council -- and we discussed this with staff -- we would ask the Council to allow staff to receive the construction plans for this project for processing immediately, so that we can meet their schedule. And I will give you a copy of this, so that you have it for your use. With that I will stand for questions. De Weerd: Council, do you have any questions? Bird: Not at this time. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mr. Turnbull, so if I understand what you're saying on the unloading facility -- the unloading area and the dock in the back, if all the loading is done -- unloading and loading is done inside, so there isn't loaders and forklifts and stuff running around that rear portion of the building -- Turnbull: Uh-huh. Well, a great majority is. There are some, you know, flatbed trucks that will pull into the garden center and things like that. We are just asking that we -- you know, this project be held to the noise ordinance, which you passed for such conditions, and if it does, we don't see the arbitrary time limitations as something that should be imposed. Meridian City Council June 15, 2004 Page 44 of 74 Nary: Yes. My concern -- and maybe just a comment as to your thoughts. I recall in Boise when they had a Home Depot that was built right next to homes, that was always the bone of contention was those types of activities and so I think that was maybe what the attempt was to limit that, but -- . Turnbull: Sure. Nary: But do you have a comment at least as to how to alleviate that? I mean I know -- again, I recognize the noise ordinance is one method, but what other types of things and, secondarily, on the wall -- I think the staff report simply says a solid fence along the eastern boundary and I don't recall if Mrs. Powell said, was that a wall or was that a wood fence? Turnbull: It was a fence. Nary: It's a wood fence. Turnbull: Yes. Nary: Okay. And is that going to be adequate? Turnbull: Well, this is a little bit different than a lot of applications, because we are already separating this by two landscape buffers and a collector road, so it's not like the other situations where they are backed right up to the property line. So, that is different. We believe -- in fact, we had Matt Smith from our office had a neighborhood meeting with the neighbors out there and graphically taped off the kind of separation that they would have and showed where the landscape -- landscaping would be and I think there were a few of the neighbors that wanted a wall, but there were several of the neighbors that said they would prefer the additional landscaping, so we want to do the right thing, we want to provide adequate screening via landscaping. We, quite frankly, think that's preferable to, you know, a wall that can perhaps be imposing, not necessarily attractive as landscaping can be. Powell: Madam Mayor, if I might prompt the applicant. Mr. Turnbull, aren't you proposing a berm also along this boundary here that would serve as a partial noise buffer? Turnbull: Well, yeah, it's not -- you know, it's not an exceedingly high berm, but we will - - we will berm the landscape area on the -- excuse me -- on the east side to a maximum height we can, still keeping with maintainable grades. That's correct. Thank you. Nary: Madam Mayor, just one other question. De Weerd: Uh-huh. Meridian City Council June 15, 2004 Page 45 of 74 Nary: Mr. Turnbull, on that backage road that's kind of, essentially, connected particularly on that Bald Cyprus Road, eventually, I mean what type of steps were taken to make sure that doesn't become some speedway through that area? Is it because of the way the landscaping is going to be designed or -- Turnbull: Well, we haven't gone through the final design plans with ACHD, so I can't comment on that. Nary: Okay. De Weerd: Okay. Any further questions, Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Mr. Turnbull, can you tell me the status of your coordination with ITD? Turnbull: Excuse me? Rountree: The status of your coordination with lTD. Turnbull: We are at present trying to get the meeting with headquarters to come up with -- now, there was -- there was a plan, I think, Anna, that you didn't reference, the plan that came out in April that showed the -- they went through a plan trying to decide what's the best way to control accesses and still accommodate the through traffic and they came up with a median control -- you probably know this, Commissioner -- or Councilmember Rountree, a median control type of a situation. I was in Tucson shortly after ITD held their public information meetings. I went to the one out at this church to the north, actually, and I was in Tucson where they had many major thoroughfares that are median controlled access and the traffic moves quite smoothly through that and I thought, boy, this is really the solution and I came -- when ITD's report came out, I was happy to see that that was the route that they intended to go. But in that report they are actually showing access points at this quarter mile section in that vicinity. So, we don't have final resolution with lTD. We are working on it. De Weerd: Okay. Rountree: Thank you. De Weerd: Anything else? Thank you. Okay. I have a number of people that have signed up to testify. Carol or Tish Gilbert. You can go ahead and pull that down. Gilbert: Okay. Meridian City Council June 15, 2004 Page 46 of 74 De Weerd: Did you -- were you part of the swearing in? Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Gilbert: Yes. De Weerd: Thank you. Please, state your name and address. Gilbert: Okay. My name is Trish Gilbert. We are at 3475 East Ustick Road, directly south of the proposed development, and we have visited with the Smith-Brighton people two or three times now and we just want Council to know that we are impressed with what they are doing, the way they are doing it, and that we believe that the light access north-south will be beneficial to everyone involved and would like to encourage Council to approve the project. De Weerd: Okay. Thank you. Tom Davis. Mr. Davis, you were here when we-- Davis: Yes, I was. De Weerd: Okay. If you will just state your name and address. Davis: My name is Tom Davis, I live at 274D East Ustick Road in Meridian. De Weerd: Thank you. Davis: Madam Mayor and City Council Members, I represent the Layton Lateral in the matter of the Smith-Brighton request for annexation and zoning of 36.93 acres from RUT to C-G for the purpose of Market Square. The Layton Lateral runs along Ustick Road on the south side of this property. We request that you require the Layton Lateral to be tiled with 3D-inch concrete tile. There is already 3D-inch concrete tile to the east and to the west of the property. We are requesting concrete tile to prevent any future damage, which could be possible with plastic or metal pipe. The Layton Lateral supplies water to Champion Park Subdivision, Summerfield Subdivision, the Davis property, the Hollister property, the school properties, including two charter schools and one elementary school. Also to Jasmine Acres, property owners Jack Kallinski and Ed Bollinger and Norman Cook and Wally Hendrick and our lateral is tiled from Cloverdale Road in 3D-inch concrete. Do you have any questions? De Weerd: Okay. Council, any questions for Mr. Davis? Thank you. Okay. Eddy Judy. I'm sorry. Okay. Thank you very much. Sharon Scar. Scar. Okay. Thank you. Corvey -- and I can't read the last name. Anyone with a name similar to that? Okay. Cherie Kusic. If you'd like to join us or do you have testimony? That's all right. We accept all testimony. Please state your name and address. Kusic: Cherie Kusic, K-u-s-i-c, 13315 West Pinion Street, and Boise. De Weerd: Thank you. Meridian City Council June 15,2004 Page 47 of 74 Kusic: And we are in the Heather Meadows Subdivision, so we will be right there. And I appreciate everything that the developers are planning to do, but I still do not like the idea of Lowe's in my backyard. It's still going to be, basically, our ba'ckyard. My concern is that you see it is a subdivision, which implies families, which implies children, and there are some retired people there as well, so I have grave concern for the children, for the impact of property values for safety of families. And speaking of Tucson, sorry, I'm from Arizona. I was born here, though, but we have come back into the state and I have seen the impact of development living in Scottsdale, Phoenix, that area. We first moved there in '69 -- I'm dating myself. Anyway. And seeing it grow from a place similar to Boise to a place where now there is hardly any semblance left of the city that we grew up with. There is not much desert left, those beautiful Senoran deserts. Now we have an impact of the heat, because there is so much concrete now and it is so built up. We used to have football games in an area similar to Meridian, it was rural, kind of mixed use and it is now -- there is no farmland left there now, it's all been built up into Lowe's and to subdivisions and to other various things now, so it's like -- I hate to see the loss of character, I guess I don't know how else to describe it, of the town, besides the safety issues, that I'm just wondering why Lowe's has to be built there. Why not something with the 36 acres like is similar like the Blue Cross Blue Shield business corporation that's nicely landscaped or something where you wouldn't have that impact. To me a negative impact on the neighborhood as much and you wouldn't have the traffic problems, you wouldn't have the noise problems, you know, as much. Anyway, so that's my emotional testimony, I guess, I'd like to put forth. De Weerd: Thank you. Any questions, Council? Thank you very much. Okay. Emma Beck. Please state your name and address. Beck: Emma Beck. 3723 Bottlebrush Avenue, which is the road that parallels the one that they are proposing to build, so I feel our family is pretty impacted by this. I think part of my main concern is their zoning type; it's just so different. You know, you have residential, single dwelling families and high dense commercial and I just -- I'm very opposed to having those right together. They just really clash and I understand that there is the road that's supposed to help buffer that. I just don't feel it's sufficient and I am very concerned about -- I don't know if you know the road, it's Duane, right here, and I'm afraid when this is a red light people coming down will go, oh, here is a road and come through right here and they will cut right through the neighborhood and I think that will happen quite often. I am concerned, because I have walked the streets of this neighborhood passing out fliers, making them very aware of this project that's going on and I have seen numerous children. These are very small homes and they are very young families and J'm concerned for their safety, security, for the property values to be going down and I don't feel like all of the needs are being addressed and that. I feel like this is a huge project and it's just not matching its neighbor. De Weerd: Thank you. Council, any questions? Thank you very much. Okay. I'm sorry, Autumn or Andrew or -- I believe begins with an A. A-n-t -- and I couldn't even tell you the last name. Antonio. Yes. Please join us. I couldn't read your printing. Meridian City Council June 15, 2004 Page 48 of 74 Kusic: Sorry. I work in a doctor's office. It rubs off. De Weerd: Well, then, you have been trained well. Were you part of the swearing in process? Kusic: Yes, I was. De Weerd: If you will, please, state your name and address and maybe you could spell your name for us. Kusic: Okay. My name is Antonio Kusic. A-n-t-o-n-i-o. K-u-s-i-c. My address is 13315 West Pinion Street, Boise, Idaho. De Weerd: Thank you. Kusic: And as my wife and the last speaker, I echo much of what they said. I have concerns of this large project, especially next to a subdivision. I would like to see it retain the idea of a mixed use project, because it will lower down the amount of traffic on the weekends, it will give safety to the children that are living there, people who walk the neighborhoods will feel a little bit more secure. Again, like that little abutment street there, it can become an easy access for people who want to avoid a light, endangering the children that do live there and there has to be something done with that road, I mean either speed bumps or something like that. I appreciate the sound barrier that they want to put in and the landscaping and as to my wife, I agree with -- you know, if you look at Blue Cross that's down the street, they have nice landscaping. If you look down at the -- a little bit farther down or a little bit over, the Wal-Mart that's at Eagle and Fairview and the other stores there, that's fairly sparse. They have some landscaping, but it's sparse. It looks like a desert, an asphalt desert. And that's something I would like to avoid. As my wife and I, we both lived in Arizona. Arizona was known for the three C's, cotton, cattle, copper and citrus. It's not known for any of those anymore. It's lost its identity, it's lost its livability. And I'd hate to see Meridian move in that same direction. Much of Boise and Meridian are very similar to what Phoenix was in the early '60s and '50s and Phoenix and Scottsdale and all those cities have lost their identity. If you think about Scottsdale, everybody thinks about high dollar, but they don't think about how many backs of middle income built it. And so I'd hate to see Meridian and Boise lose those facets of their lifestyle and I just hate to see a project like this so big and so large right next to a subdivision. Thank you. De Weerd: Thank you. Any questions, Council? Thank you very much. Okay. Richard Beck. R.Beck: Richard Beck, 3723 North Bottlebrush Avenue, and I come before you tonight representing the Heather Meadows Homeowners Association. I was present at the Planning and Zoning Commission meeting that was held previously and with regards to the developer's request to have the recommendation of the Commission modified to Meridian City Council June 15. 2004 Page 49 of 74 allow the -- I guess the hours of operation and some of the other things, such as the -- I believe it was the generator to be governed by the noise ordinance, that was something we specifically requested to the Commission directly, requested hours of operation be limited to -- I believe it was 8:00 o'clock to 4:00 o'clock. The Commission moved to change that to -- I think it was 7:00. I'd have to look at their recommendation. But that's one comment that we would have, is we would prefer to have those specific limitations as has been done in other projects that are similar next to residential where, you know, the hours are limited as to when those trucks can come, so at 5:00 o'clock in the morning they are not rolling in. We have other comments I'd like to share with you. One is upon reviewing the recommended development agreement, there is recommendation from the Commission that talks Conditional Use Permits being required for the specific square footage of buildings, for new buildings, new structures, and we find it interesting that with the -- with this proposal, you know, there is a building for roughly 170,000 square feet, that pretty much tonight is being approved and the residents of Heather Meadows have been told for the past four years that this area would be developed with an office use. In fact, there was, actually, a sign posted on a stub street that's difficult to see on this map, but I believe it's -- I think I have it written down here. Broad Leaf. The terminus there, there is an actual sign that said that this would be future office use. So, the majority of the residents, that's what they had expected for the past four years and one of the challenges that we are having is even though the city would -- was required to notify and post the site and those other things, when you read the legal description, it basically states that Smith-Brighton is requesting annexation and zoning for RUT to C-G. So, many have assumed that that meant the office use was going forward. And we would rather see the developer required to go through the conditional use process, so things such as hours of operation and those things that will actually affect the people who live there, they will have that opportunity to address those specifically in an application for -- specifically for a Lowe's. As stated in the staff report, the subject property is designated as mixed use regional on the 2002 Comprehensive Plan Future Land Use Map. The general guidelines for development in the three mixed use designations found in the Meridian City Comprehensive Plan read: Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and where the project is adjacent to state highways, specifically 20-26, 55, and 69. So, this guideline does clearly encourage multi-family residential uses in all three of the sub categories for the mixed use, states especially for projects with the potential to serve as employment destination centers and when the project is adjacent to state highways. So, this particular site would meet both of those -- those suggestions, those requirements. I guess if the Council would move to determine that multi-family isn't necessary, isn't required, the next guideline that follows -- or I guess it would be the fourth guideline reads: Developments where multiple commercial and office -- and/or office buildings are proposed, not residential, the buildings should be arranged to create some form of common usable area, such as a plaza or green space, and I guess I wouldn't consider a Lowe's parking lot a plaza or green space. The proposed detailed site plan and I guess conceptual site plan does not contain said green space or plaza. The next guideline states when the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged and further in Chapter 7 in the Comprehensive Meridian City Council June 15.2004 Page 50 of 74 Plan, under Goal Four, Section D, Objective A-6, reads: Require screening and buffering of commercial and industrial properties in residential use with transitional zoning. So, you can -- when you say requires screening and buffering, stop, but that's not specifically what the plan suggests, rather than just screening and b'uffering with landscaping and, you know, in this case with the collector street, the plan specifically states with transitional zoning, an actual zone that's separate, completely different. So, in this project no transitional zoning or use has been proposed with the subject application or as even required in the recommended development agreement. So, upon review, it's clear this application does not comply with the objectives of the Comprehensive Plan for mixed-use designations. As the proposal does not comply, we graciously request that the Council deny this application. Thank you. De Weerd: Thank you. Any questions for the applicant? I mean -- I'm sorry. Not for the applicant. Mr. Beck. Sorry about that. No. Thank you. Okay. Carol Stringham. Stringham: And I haven't been sworn in. De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Stringham: Yes. De Weerd: Thank you. Please state your name and address. Stringham: My name is Carol Stringham, I live at 3441 North Bottlebrush and I -- if I could hand out a handout to you all really quick. Okay. Before you is just a list of concerned neighbors along Bottlebrush. We have since -- since this I have been able to talk with Mr. Smith, who is along with the applicant, about -- about what's going to be the sound barrier. If you will notice on that third, fourth page, there is pictures of actual sound walls from Target. The applicant at the Planning and Zoning meeting talked how the Target neighbors were quite pleased with what ended up happening. So, I went over there and took some pictures and also talked with some of the neighbors that has their homes backed up to it and they said that they worked really hard with the builders to get the requirements they desired and, then, really, they have turned out to be great neighbors. I notice that there are dense trees along that and there is a sound wall. What I would talk to you about, since I have since talked to Mr. Smith and he tells me that there will be a four foot berm with dense trees, is what he was talking about, and, then, the street and there will be 160 feet from our backyard, which is right where the lumber yard is I'm guessing from their picture that they showed last time, to where their building is, along with a thick dense bush that will back up along the building, so we won't see the building, and a compromise I would like to have is that that would be in the requirements written down if we are not going to get a cement sound wall, which he said the distance will be more, so than the -- than the sound wall. So, if that's true, I would like to have that written in the application and, then, also absolutely require the time stipulations and that would be all that I have to say. Thank you. Meridian City Council June 15, 2004 Page 51 of 74 De Weerd: Thank you very much. Is there anyone further who would like to provide testimony on this? Harnden: I'm Scott. I have already been sworn in. I'm Scott Harnden and I live at 13266 West Pinion in Heather Meadows and I'm employed by 81. Luke's Meridian and I would like to bring three issues. One is the safety issue that's already been brought up. Without a doubt with traffic already built up all the way back to Cloverdale during rush hour, people will definitely -- could you go to the slide with the neighborhood -- with the -- thank you. Will definitely cut in and take shortcuts, this one or this one. As stated, there are numerous children and so safety is definitely a concern. Secondly, for reasons earlier stated, a structural sound barrier would be the most appropriate barrier there. I actually called Lowe's this week, the price is pretty cheap, and they quoted me 55 dollars per four feet for a sound barrier and I have a feeling that Lowe's could probably get a little bit cheaper deal, since you guys are related. Now, there is -- for some reason a financial concern for the hardship of Lowe's, I'd like you to keep in mind that last year Lowe's had sales of three point billion dollars worldwide, it's a Fortune 50 company that serves ten million customers, 975 stores in 45 states. I don't see financial hardship for building the sound barrier is really an issue for them. Thirdly, at the last meeting the trash compactor was brought up. The representative from Lowe's stated that they would get back to you on how loud that would be. They said that they never had to deal with this in any of their 975 stores in history, of giving that quote, so I want to make sure that they did, in fact, get back to you on the parameters of the trash compactor, as they said that they would. Again, thank you very much for your time and, please, keep in mind the safety of our children, the sound barrier, if it is, in fact, built and, thirdly, the trash compactor and other trucks. Thank you very much. De Weerd: So, do you have a stub street, then, out of your subdivision, then? Harnden: Correct me if I'm wrong, but one right there and right there. Both go right into Lowe's. As with other buildings around Meridian, people always go through neighborhoods through the stoplight, especially with the impact that goes all the way to your elementary school during busy times. Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I don't believe the back-age road shows any cut in on theirs. Let's go back to their road. You know, up at the top they do, but they certainly don't show that middle one. De Weerd: We can ask the applicant to address that. Is there any further testimony on this application? Okay. Are you sure? Go ahead. If you will, please, state your name and add ress. Cia pier: I'm Cora Lee Clapier and our address is 12912 Fiddle Leaf Drive. Meridian City Council June 15, 2004 Page 52 of 74 De Weerd: And were you sworn in? Cia pier: I was not sworn in. De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Clapier: Yes. De Weerd: Thank you. Cia pier: I just wanted to, I guess, have the Council consider -- we just recently moved from San Diego and we just saw a Lowe's go in in San Marcus and they had a very definite traffic problem and it didn't get any better with them going in. I grew up here in the valley, so I can speak as an Idahoan. I just want you to think about the impact on your community. I know that it will probably give lots of revenue in Meridian and finances are always the bottom fine, but think 20 years from now what you want your valley to look like. I just wanted to say that. De Weerd: Thank you. Okay. Any further testimony? Okay. Would the applicant like to respond? Turnbull: Thank you, Madam Mayor. I will go through some of these -- respond to them in order. Mr. Davis would like the Layton Lateral tiled with 30-inch concrete pipe. That's acceptable. I brought up Tucson as an example of how traffic can be handled on busy thoroughfares like Eagle Road. I didn't use it to draw a parallel to Meridian and how the Treasure Valley is developing, it's a totally different dynamic in that respect. You know, Phoenix area pulls about 40,000 permits a year, Treasure Valley pulls about 4,000 permits a year, so it's a completely different dynamic. But Eagle Road, for an example, can be handled with median controlled accesses. Regarding the hours of operation, there are -- there are certain hours that Lowe's has to have to be able to operate their store. The hours that were imposed without discussion at Planning and Zoning Commission won't work. If you would like to discuss that a little further, we would be happy to, but the hours -- you do have hours in your noise ordinance, but they do have to be able to operate their store and being able to start at 7:00 and end at 6:00 or whatever is an arbitrary imposition on their ability to run their operation. You know, we always hear -- and I hear this on our applications, I hear it on other people's applications where people move in and they say, well, our realtor told us this property would be this or this property would be that. We hear that on every property. We did, in fact, do the Target store with our Hobble Creek project. That's -- it's been brought up here a couple of times, I want to use that as an example. The city asked us to come up with a concept plan. At the time there was an Albertson's, Gary Michael himself was talking to me about putting an Albertson's there, so we put together a concept plan that showed that. Well, Albertson's, as you know, located a mile further to the south at McMillan and a couple miles further to the north down in Eagle and we had to go with another option. When the Target store came in, everybody -- you know, Hobble Creek was already Meridian City Council June 15, 2004 Page 53 of 74 there, the neighbors were already there, and there was grave concern "that that was going to ruin the neighborhood. People across the -- kitty-corner in Banbury filed an appeal to stop it and you would have thought that the earth was going to come to an end. There were all sorts of testimony about cut-through traffic through Hobble Creek. Well, I have a sister-in-law that lives right off the main entrance to Hobble Creek and I go over there often to pick up my children. They don't have a problem with cut-through traffic. I mean people are going to take the easiest route and if it's that signal right there to get up, I don't even really see that as a cut-through method. That's a method to relieve traffic coming out of these neighborhoods to get them out to Ustick Road and the signal provides -- provides additional safety, it doesn't -- it doesn't exacerbate their safety. So, we think that that's a little bit of a red herring and I submit to you that when this is developed, you know, they -- I'm sure they's love to have single family housing next to them, but this property is designated in the Comprehensive Plan as a commercial zone and that's what we are asking for here. We intend on providing the landscape screening. We think that from our input from the neighbors who showed up at the neighborhood meeting, I think that there was at least as many people that were in favor of landscaping versus a masonry wall. We -- a plaza or public space was mentioned as one of the uses that might be incorporated in here. We did have some discussion about that that I omitted from my testimony here, we are actually planning -- we will plan and incorporate a plaza in this space, using some of the sandstone from an existing structure that is located on the property. You know, the question was asked what do you want this valley to look like 20 years from now. Well, that's what your Comprehensive Plan took into account and your Comprehensive Plan identified and designated this as an area for commercial zoning, you took those things into account. Quite frankly, I live out a little north of Meridian, I would be happy not to have to drive down Main Street to get to a Home Depot. I'd much prefer to bypass the Meridian Road area and be able to shop at the Lowe's here. So, I think -- I hope I have addressed the issues. If you have things you want to talk about as far as, you know, noise ordinance or hours of operation, we will be happy to discuss that and hopefully come to a resolution. De Weerd: Council, questions? Mr. Wardle. Wardle: Madam Mayor, thank you. Mr. Turnbull, I have a question about access and if you could just clear up for us will the site from Heather Meadows access the site through this area here? Is that what I'm understanding? Turnbull: And maybe we need to ask Gary Inselman. There is a stub street right here coming out of Heather Meadows and one coming out right here. In fact, it's interesting when I -- just before the Planning and Zoning Commission hearing, I was driving by the site coming to the Planning and Zoning Commission hearing and as you said this is only constructed to about this point, so there is somebody coming out of Heather Meadows to get to Eagle Road, they cut through the church parking lot and go through basically what's an illegal access right now onto Eagle Road. We think by finishing this project out we actually improve the safety situation. But that would be ACHD's call. I am Meridian City Council June 15, 2004 Page 54 of 74 assuming they would want to complete that connection, but if they don't, we are happy to not connect in that location. Powell: Madam Mayor, Members of the Council, it is listed as a condition of approval in the staff report. It's the last item on the page six, number eight, extend the existing street stub from the east property line into the site and it presumably is talking about that intermittent -- that middle driveway there, because there is a specific one about constructing Bald Cyprus Road. Turnbull: I believe that's correct. Thank you for clarifying that, Anna. De Weerd: Anything further? Wardle: Madam Mayor, just one more clarification. As I understand, Mr. Turnbull, in the Commission report the hours of 7:00 a.m. to 6:00 p.m. were not stipulated as hours of operation, but hours of activity as Councilman Nary alluded to in a situation in Boise as far as truck traffic. Is that -- I heard you say hours of operation and Lowe's needs certain hours of operation. Were you referring to the truck traffic or just being open? Turnbull: Both. But just keep in mind, you know, you know how these trucks travel and they -- Lowe's does have limitations on when those trucks can arrive, but a limitation 6:00 o'clock in the evening doesn't make any sense to me and, in fact, impacts their operations. I believe that, as I noted before, they have about five trucks per week, company trucks, and they arrive between the hours of -- I believe it's 6:00 a.m. and 10:00 p.m; is that right? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mr. Turnbull, I guess if you could clear up for me, you know, it appeared at the Planning and Zoning Commission you were opposed to the mixed use regional zone and wanted a commercial zone and had expressed -- in the staff report it expressed a concern about basically equity with the other corner properties in this area, Kissler and Blue Marlin, and our staff report indicates that those have mixed use regional zones on them and have conditional use requirements for that and I think a lot of the issues we are talking about tonight are really conditional use types of requirements, not annexation and zoning requirements, generally, and I thought I sort of heard you say that you were going to be looking at that mixed use regional types of uses for this property. So, is that what we are -- is that where we are at tonight, we are just looking at mixed use regional and some restrictions of conditional uses for these other ones that would be similar to Blue Marlin and Kissler? Turnbull: And, Madam Mayor, Councilman Rountree, my concern at the Planning and Zoning Commission hearing was probably a little bit of my own misinterpretation, which I believe Commissioner Zaremba helped clarify for me. I believed that their requirement Meridian City Council June 15, 2004 Page 55 of 74 was that 12 acres be, you know, professional office and I just couldn't. see doing 12 acres of professional office in that location and Commissioner Zaremba clarified the way he read it was that in those 12 acres some professional would be required to provide and mix of uses and as I said in my testimony today, we are happy to pursue that. And, in addition to that, we will -- which I neglected to mention in my opening statement, will be looking to provide some kind of a public plaza or some kind of a green space within the development. So, that would be forthcoming as well. Nary: So, by what you're saying now, I guess Mr. Beck had raised a number of concerns about inconsistency with the Comprehensive Plan, so, really, we are not talking about inconsistencies anymore. Turnbull: I don't believe so. Nary: Okay. So -- but as for conditional use types of restrictions here, I looked at our city noise ordinance and it appeared what they were trying to address was basically I think as Councilmember Wardle just said, trash pickup, the noise from these generators, our noise ordinance doesn't address any of that type of behavior, so I don't know that -- I mean that's not addressing the concerns of the neighbors. The noise ordinance doesn't deal with vehicle pickup, trash pickup, or generators. Turnbull: Well, it talks about noise from buildings, the creation of frequent, repetitive or continuous sounds which emanate from any building structure, apartment, condominium, which unreasonably interfere with the peace, comfort, and repose of owners or possessions of real property, so on and so forth. So, 1-- Nary: So on and so forth is such as audio equipment, musical instruments, band sessions, or social gatherings. I can't see from -- criminally being able to charge the building owner because trucks come at 4:00 o'clock in the morning. Turnbull: Right. Nary: So, I don't think it really addresses the concerns that the neighbors have raised about their quality of life right behind this building. Turnbull: Right. Nary: Same thing with the generator and I guess the other thing that arguably may be included in that is whether or not there are rear speakers and PA systems to the rear of this building, which are going to be right over their back fence. So, I guess what I'm saying is the noise ordinance isn't going to cut it. Turnbull: Okay. Well, I did mention and I think I mentioned in my opening statement that they are willing to -- the generator has to be tested once a week, just to make sure it works, and they are willing to limit that, they suggested a time between 3:00 o'clock and 4:00 o'clock in the afternoon on Wednesdays. You could make it Tuesdays, you Meridian City Council June 15, 2004 Page 56 of 74 coLJld make it 1 :00 to 2:00 -- they just need to be able to test that for one hour per week. And, again, as I said on the truck traffic, they can -- they can accept, you know, some limitations on their hours of operations. Their normal hours of operation for truck delivery is -- again, this is an average of five or six trucks per week and it's just pulling in, docking up and, then, it's sealed up to the building and they unload from there. But the normal hours of delivery come between 6:00 a.m. and 10:00 p.m. And I think that would be reasonable. Nary: Madam Mayor? De Weerd: Uh-huh. Nary: I guess the only other issue I have, Mr. Turnbull is, you know, the intent of the mixed use regional is to provide some of that buffering and transition and especially in that particular area where you're immediately abutting homes. I think the other two parcels that you had cited earlier really I don't think currently abut any homes. If you're looking for I guess the future of this property and trying to put some office space on that, it appears to me that the office space should go where the homes are and the commercial uses should, then, be closer to Eagle Road. I guess I just see a lot of clash between this property without -- I mean really just a fence, a roadway, and nothing else between the back of these buildings and these people's homes, when if you're going to have to put offices there anyway, that's ideally the buffering area between those homes and commercial sites. I just -- I just see that we are going to constantly have neighbors clashing with this property, because of noise, traffic, lights, and all of those things. Turnbull: Well, I guess I'd just have to respectfully disagree. I know -- cite Target as a good example. I mean people were concerned. You could have a -- you could have offices back there and you could have the same amount of traffic and, you know, a lot of people talk about the size of the building or something like that. Well, whether you have 100,000 square feet in one building or you have it in ten little office buildings, your traffic generation -- you know, based on use or ten small retail buildings, your traffic generation is going to be the same. I think Target, which is a project we did, along with our Hobble Creek, has been a perfectly good neighbor and it is only separated by a small service drive from the existing neighbors. And, quite frankly, it's probably one of the quietest neighbors they could have, but -- so, you know, we know -- we know Lowe's, they are a good operation, they are well respected and, you know, nationally renowned company, I'm sure that they would be happy to talk to you here about what kind of hours of activity they can live with, but we think that they are an appropriate use, it's appropriate -- and I think, quite frankly, your staff has analyzed this project properly and they have recommended approval. . De Weerd: Council, any further questions? Mr. Wardle. Wardle: Madam Mayor, just a follow up. Mr. Turnbull, did you say you had someone from Lowe's that could address the hours of operation? Meridian City Council June 15, 2004 Page 57 of 74 Turnbull: Jim Manyon is here. Wardle: If I could hear just a specific address-- Turnbull: Excuse me. Kirk is here. De Weerd: If you will, please, state your name and address and were you sworn in? Carroll: I was not sworn in. Kirk Carroll, 2669 North Silverleaf Way in Meridian, Idaho. De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Carroll: Yes, it is. De Weerd: Thank you. Carroll: I guess I'll open myself up to your question, Councilman Wardle. Wardle: My specific question is I heard -- I have in my mind a recommendation from the Planning and Zoning Commission of 7:00 a.m. to 6:00 p.m. for activities such as loading and unloading and truck activities and I have heard Mr. Turnbull say that those would be prohibitive for your use. What specific hours would allow you to have those deliveries as well -- and kind of justify some of the neighbors' comments to their privacy and noise. Carroll: Sure. As the delivery process was described by Mr. Turnbull, delivering a truck to a Lowe's store is simply a matter of backing up to a dock, shutting the engine off, unloading the truck, and driving away when it's finished. So, it's not that we have trucks lined up and idling behind stores at all hours of the day or night. A variety of hours in different areas and different stores. Typically what we find or what I find in the operation side of the business would be to begin being able to receive trucks at around 6:00 a.m. and we can generally alleviate them after about 7:00 p.m. It would be a very -- very much an oddity to have a truck arrive or expect to be unloading anything outside of those hours. The truck traffic in the rear of the store would really be quite minimaL As was outlined earlier, five or six company trucks a week would back into the docks, as well as the miscellaneous FedEx's, UPS's, and maybe some flatbed deliveries to the garden center. Even when the flatbed deliveries to the garden center arrive, they are not unloaded in the rear of the store, nor in the loading docks, instead, they are being unloaded on the side of the building and if I read the plot plan correctly, that would be at the side boarding Ustick, so the noise there wouldn't be an issue at aiL Wardle: Thank you. Carroll: You bet. Any other questions? De Weerd: Council? Okay. Meridian City Council June 15, 2004 Page 58 of 74 Carroll: Thank you. De Weerd: Thank you very much. Okay. Council, do you need any further clarification, comments, questions? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a clarification staff and Anna of the process that has gone through for ACHD to require that stub street. I know it is a condition of approvaL Did you have any indication as to specifically why? I'm not referring to the Bald Cyprus stub street. This stub street here. Powell: Madam Mayor, Councilmember Wardle, I have not read through the entire ACHD staff report. In general, it's standard for them to require extension of stub streets. Our Comprehensive Plan calls for an interconnected grid system of streets, as does Boise city's. Mr. Beck can correct me if I'm wrong on that one. So, it would be standard for them to extend streets, so -- Wardle: Madam Mayor? De Weerd: Yes. Wardle: A follow-up question. I guess one of the questions I have is if at this Council's discretion could we recommend the removal of access of that stub street? Powell: I would have you direct your question to Mr. Nichols at the end. Wardle: I'm sorry. De Weerd: Mr. Nichols at the end. Nichols: More ways than one, Madam Mayor. Madam Mayor, Members of the Council, I believe that Mr. Mills said in a recent meeting that the ACHD was a recommending body and so if it's this Council's recommendation -- condition that that not be approved or perhaps a modification of that would be that unless ACHD felt there were compelling reasons to do so, that that southern of the two access points not be opened onto the back-age road, that you would make that kind of condition. De Weerd: Does that answer your question? Wardle: Yes. Thank you, Madam Mayor. Meridian City Council June 15, 2004 Page 59 of 74 Powell: Madam Mayor, Members of the Council, if you do decide to delete that you might give some indication as to what you might want to have happen to that stub street, if you want them to vacate it, turn it into a pedestrian access, or something along that line. De Weerd: Thank you. Anna, I had a question in regards to -- sense I haven't seen a landscape plan. On the area there on Eagle, will they be following the recommendations of ITD on what they are envisioning that corridor to be in terms of a detached meandering sidewalk and some of the lighting and that sort of thing? Powell: Madam Mayor, Members of the Council, my understanding was that the staff report was structured to basically support any ITD requirements. De Weerd: I think the timing was quite tight. I don't know if they were able to incorporate those. Powell: Well, we haven't received any yet. We haven't gotten an official letter from ITD as of this point, so I think that that's why we had a general standard to just support ITD's requirements on this site and if -- I'm quickly scanning. It says prior to the City Council hearing the applicant shall contact ITD District Three regarding the design of the Eagle Road, State Highway 55 sidewalk and landscape buffer, provide a written response to staff outlining the results of said discussion and any specific design standards that ITD may request as part of this development. So, we have not yet received it. De Weerd: Mr. Turnbull, I guess that question would be directed to you. Have you talked with ACHD -- ITD -- Have you talked to the transportation department about this? Turnbull: We have been attempting to get their -- get them to act on this project. It's-- they haven't -- they have not done so yet. De Weerd: Well, this is more in terms of the landscape buffer. Turnbull: We will comply with that. De Weerd: Okay. Turnbull: It will meet your own corridor -- what do you call it, your corridor or gateway entry landscape requirements that you have in your own landscape ordinance as well. De Weerd: Thank you. Turnbull: Unless those two are in conflict, which I can't imagine that they are or it would be worked out. De Weerd: No. I think they were quite similar, weren't they, Anna? Meridian City Council June 15.2004 Page 60 of 74 Powell: They have proposed, I believe, a ten foot separated sidewalk on -- it could be meandering, it could be straight, but they did propose a ten foot separated sidewalk, as I recall. They also were considering some lighting requirements and, then, the landscape berm -- I believe would -- would still -- all their improvements that they were discussing were within the existing right of way, as I recall. De Weerd: So, really, the only major difference would be the width of the sidewalk? Powell: Yeah. And the lighting requirements, if that came through. I apologize, I have not had a chance to read through their recommendation -- their final recommendation, I'm just going off the preliminary conversation we had with Mrs. Lowe. De Weerd: So, David, are you familiar with some of those that they are looking at? Turnbull: What they are looking at? De Weerd: In terms of the lighting, the width of the sidewalk. Turnbull: No, I haven't read any of those. Is this an adopted standard or something just under discussion? De Weerd: It came out of the Public Hearing processes and they were moving into the acceptance of standards, I believe. Turnbull: They haven't brought it up with us to date, but we will be happy to address it. De Weerd: Okay. Thank you. Okay. Any other questions for staff or the applicant? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Mr. Turnbull, I'm not sure that you addressed this in your rebuttal. There was some discussion in one of the photographs we have here from one of the folks was really wanting a wall, not a solid fence anymore, and I know you originally said that, you know, there was a significant cost difference to have a solid wall there, but I don't remember -- could you address that again as to whether or not a wall is a feasible thing? I still think, I guess for me, that from a noise barrier perspective a wall is a barrier and a fence is not. It doesn't generally act as a good sound buffer between uses to have a wood solid fence, but I wanted to at least give you one more opportunity to comment about that if you wanted. Turnbull: Well, I guess that's going to be in the Council's discretion. I mean we had anticipated putting up additional landscaping, more than what would be required in a -- under the landscape ordinance. That was some of the discussion we had with the neighborhood group and, like I said, there was a split, some wanted a wall, some Meridian City Council June 15, 2004 Page 61 of 74 wanted -- liked the idea of additional landscaping, but, you know, I guess if a wall is required, then, we would have to cut back on the landscaping. Nary: Councilmember Wardle asked a question regarding that stub street and whether or not -- and I know you had already stated that not having that stub street wasn't really a concern to you, but also Mrs. Powell raised the possibility of a pedestrian path. Turnbull: Uh-huh. Nary: This being a mixed use and commercial site, a pedestrian path seems like at least a possibility, but did you have any comments or thoughts about that? Turnbull: I guess it would -- you would kind of have to go back and look at what you do with the existing improvement, because I'm sure there is sidewalk on both sides, curb, gutter, and, you know, 36 feet of paving coming out of that subdivision. We would be happy to, you know, bollard that off and create a ten foot pathway or something to connect to the end of that street if that's what the Council desires and ACHD would concur with that. Nary: Thank you. De Weerd: Thank you. Okay. Okay. Council, what is your preference here? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I will just open up my comments for discussion, since we are in this discussion phase. First, I'd like to say that I congratulate the applicant for working with the neighbors. The neighbors came forward tonight with very specific comments on the project and very specific concerns and I can see that they have been working together to reach those and so those are really my main concerns on the project. I don't have the same concerns that Mr. Nary addressed as far as the mixed use and the appropriateness of this area. I do have a concern about the -- that stub street and I would like to see it turned into a pedestrian access. I believe the neighbors requested specific hours for operations for a reason and a representative of Lowe's has given the reasons that they need those hours and I can agree with that. Mr. Nary represented -- just a quick issue about the wall and, Mr. Turnbull, I don't know if you have seen it, but we were handed a petition -- a petition by the neighbors that would like to see a wall similar to the target project and I heard testimony from you that some of the neighbors were split and some of them were not, but before us tonight is a petition by a group of neighbors represented here this evening for a sound wall, so I understand that you had landscaping -- additional landscaping involved in that, but would like that issue addressed, I guess, from the Council level for discussion purposes. Bird: Madam Mayor? Meridian City Council June 15,2004 Page 62 of 74 De Weerd: Mr. Bird. Bird: I have been sitting here pretty quiet. I'll give you my opinion now. I believe on the noise issue, I believe Lowe's is probably going to help the noise. I can't believe that going -- having Eagle Road ripping up and down with the semis and stuff they have isn't probably noisier than what Lowe's is going to be. And that stub road, I don't believe that we have the right to say whether that's a road or a pathway, because that is in Boise property and that's under their development agreement that they did when they put in that subdivision, which we had no control over of any of that subdivision. I have a feeling that subdivision is probably an R-15 at the -- if it's not. I think this is a worthwhile project for the City of Meridian. I understand the people's concerns, but I think that Lowe's is the type of company, as Mr. Beck stated, they do a pretty good job making a profit, so evidently they do do a pretty good job of getting customers out and taking care of customers and being good neighbors. I think the road is going to be a definite sound barrier, but I think with Lowe's and some retail pads and stuff in the front, the noise is going to be less than what they are hearing right now on Eagle Road. That's my comments. And I think it's a very good project. I think it's something that that corner needs. And one more comment. I don't want to dump residential. I think that Mr. Turnbull knows what residential dumped onto Eagle does for getting people hurt. We have quite a few wrecks along there when we are dumping residential on Eagle Road. De Weerd: Thank you, Mr. Bird. Mr. Rountree. Rountree: Madam Mayor, because of Mr. Turnbull's indication that the traffic issues and ITD's decision on this has been elevated to headquarters; I'm going to have to abstain from action on this item. De Weerd: Thank you, Mr. Rountree. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I think Mr. Nichols already stated to us. I guess I disagree with Councilman Bird. It doesn't matter whether or not that stub road is in Boise, whether or not we approve having this road into the City of Meridian is really our call. My concern is is because we aren't looking at a complete design, we are looking at a piece, that although that may be a pedestrian access, right now all it's going to be is an opening in a wall or a fence into a road with no -- with nothing, no path, no design as to how it relates to the rest of the property. I think -- I think that area is not appropriate for a roadway to enter into that back-age road. I think it is a good location to have -- because it's going to be a commercial site, to have a pedestrian access there, but without the whole plan or some general idea of what's going to be there or how it's going to be and this is really just an annexation and zoning request, I have some concerns about how we incorporate that into a development agreement. Again, I do have some concerns about the hours of Meridian City Council June 15, 2004 Page 63 of 74 operation. I don't think it's unreasonable for the neighbors to want some sanity in their lives. Our noise ordinance isn't going to address the concerns and the type of use this is. That wasn't what the noise ordinance was intended for is that type of use, so I do think it needs to be addressed in the development agreement, but I think it is our concern about it being a wall. I don't think that's an unreasonable request by the neighbors, but I would not be in favor of that stub street entering into that back-age road. I think it's too dangerous. I don't think it belongs there. It was, obviously, just there because they didn't know what was going to be there in the future. Now that we know, it doesn't fit anymore, so I guess I would only be in favor if it was a pathway. De Weerd: Okay. Mr. Wardle, did you want any further information? Had you asked a question in your statement? Wardle: Madam Mayor, I don't believe that I had asked a question in my statement. I addressed my concern to the wall and Mr. Turnbull specifically mentioned that were -- that was the discretion of the Council and were that to be implemented, that there would be some landscape offset and I think that was -- he answered my concern. De Weerd: Okay. Okay. Is there any further information needed or comments? Okay. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: And I don't know whether or not they can answer this on the spot, but I guess as part of the discussion is that roadway and I don't know if Chief Musser or Chief Bowers have any thoughts both from public safety access, as well as having a pathway behind -- somewhat behind a building is what it's at least looking like at the moment, on the safety aspect of that. And, again, I'm not trying to put you on the spot, Chief. I mean I don't know whether you have any comment or concerns about that type of thing. I don't want to -- I guess I don't want to have -- I have a real strong feeling about a pathway and you think from a safety standpoint that's not a good spot that -- Musser: Madam Mayor, Councilman Nary, Members of the Council, regards to that, the pathway, without seeing the additional lining up on it and the access in relation to a commercial site, especially a large one like Lowe's, it may present some problems in terms of a robbery or something like that that may occur and, then, somebody takes up on foot, but we are going to have some additional problems in that area trying to track anybody that's on foot. However, I think it presents some positive aspects to the -- to the subdivision itself there for access over into that area, so that they could shop and do some other things, so I think from that practical standpoint I think that outweighs the rarity of potential crime happening up there. We do have access to get in at other multiple points, which would work for the police department, but I can't speak for the large trucks that Chief Bowers has with the fire department. Meridian City Council June 15,2004 Page 64 of 74 De Weerd: I guess if you're also encouraging a mixed use and you want office or -- and service type, you would want people to be able to access it. Kenny -- I'm sorry, Chief-- Bowers: Madam Mayor, City Council, it would not make a difference to us if it's opened or closed. We have got many accesses into that subdivision route. The only thing I could say possibly would be safety of the kids on bicycles and skateboards coming through there going to the parking lot and if cars are going back and forth quite rapidly there might be a concern there, but either way, closed or open to us. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Chief Bowers, is that subdivision in your fire jurisdiction? Bowers: Madam Mayor, City Council, Councilman Bird, the subdivision to the east, is that what you're asking, that one there? No, that is not in our district. Bird: Okay. Bowers: To my knowledge. Turnbull: Madam Mayor? De Weerd: Yes, Mr. Turnbull. Turnbull: I gave that to Anna to put up, so you can see where the location of that stub road is in relation to the rest of the project. De Weerd: Thank you. Turnbull: And if it would help the Council, Lowe's is amenable to deliveries between the hours of 6:00 and 8:00. De Weerd: I thought I heard 6:00 and 7:00, but -- okay. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: If we don't have anymore testimony or anymore questions, I would move that we close the Public Hearing on AZ 04-009 for Market Square. Wardle: Second. Meridian City Council June 15, 2004 Page 65 of 74 De Weerd: It's been moved and seconded to close the Public Hearing on Item 18. All those in favor say aye. Three ayes and one abstention. MOTION CARRIED: THREE AYES. ONE ABSTAIN. De Weerd: Okay. Council, any further discussion before a motion is made? Need any discussion on items that should be included in a motion, if you're looking at approval? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the median stub street, I didn't mean that I didn't -- one way or the other, I mean whatever is the best. I don't mind it being a pathway, I just don't feel that we -- and we just approved a subdivision on McMillan Road up there, just east of Locust Grove, that went into -- had a stub street coming in and we didn't -- we didn't hook up to that. That was actually done, so -- and what I was trying to get across is what legally we can do. I mean this is a subdivision from the City of Boise and what their requirements was I don't know. I mean I have no problem having it a pathway at all. I would prefer it not to be a stub street, for the simple reason that -- like Mr. Nary said, but I do want to clarify that. De Weerd: Thank you. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: To that extent I have a question for Mr. Nichols and that would be if we were to approve this project with the extent that we did not want access -- vehicular access to the stub street, other than emergency access, how would we -- how would we phrase the motion to seek a pedestrian pathway? Nichols: Madam Mayor, Members of the Council, just say that in your motion and, then, we will work on the language for the findings and development agreement. Probably be along the lines that I suggested to you before in terms of tying into ACHD's approval of that condition and working it that way. It takes some additional working on the language, but I think we can get there. And, of course, you have the chance to review the findings, the applicant gets to look at the findings before they are adopted, so if I have misconstrued the motion, you have the opportunity to pull it off and change it. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council June 15, 2004 Page 66 of 74 Wardle: That being said, I move that we approve AZ 04-009, request for annexation and zoning for Market Square to include all staff, applicant, and public comment, to amend the agreement to include hours of certain operation from 6:00 a.m. 'to 8:00 p.m. for loading, unloading of truck traffic, et cetera, as stated in the Planning and Zoning Commission review and to remove vehicular access from the southern most stub street and to pursue the -- pursue a pedestrian access. Bird: I second that. De Weerd: It's been moved and seconded to approve Item 18 with the suggested changes. Discussion? Wardle: And Madam Mayor? De Weerd: Yes. Wardle: If I could amend my motion. I missed one condition of approval and that would be the addition of a sound wall on the eastern most portion of the property versus the current fence and landscape, if the second agrees. Bird: The second doesn't agree. The second doesn't agree. Nary: I'll second that motion. De Weerd: Okay. Well, then, we have a change in the second and you have added the sound wall; is that correct? Wardle: I have and, Mr. Nichols, do I need to remove my motion and reinstate that? Nichols: Please. Powell: Madam Mayor, before the maker of the motion removes it, can I ask for clarification in case he's going to make a new motion? Does this include the applicant's request regarding Item B-3.C-3, for the site plan review only and not for permitted uses, which are listed separately? That was a point that we brought up and also I was wondering if it included the request that -- or the offering made by the applicant regarding the Layton Lateral be tiled with 30 inch concrete pipe. There was also an offering to comply with ITD landscape requirements. De Weerd: And note of the public plaza. Powell: Pardon? Meridian City Council June 15, 2004 Page 67of?4 De Weerd: Was the notation of the public plaza in the findings somewhere? I guess one more point of discussion. If you're putting in a sound wall, are you reducing the landscaping requirements that they have -- the additional landscaping they put in? Yes? Wardle: Yes, Madam Mayor, and I'll -- Bird: Do it in the motion. Wardle: -- clarify that. De Weerd: It has to be specified. Okay. So, you're going to try this again? Wardle: Madam Mayor, I would like to withdraw my earlier motion. De Weerd: Okay. Wardle: And Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move that we approve AZ 04-009, request for annexation and zoning of Market Square, to include all staff, applicant, and public comments, to amend the Planning and Zoning Commission requirement of hours from -- to read 6:00 a.m. to 8:00 p.m. for certain activities, to remove vehicular access from the southern most stub street, to implement a pedestrian access, to include -- or, excuse me, to change the requirement from fencing to a sound wall and such -- change the landscaping to meet current city code requirements, to incorporate the applicant's comment to tile the Layton Lateral with concrete, the applicant's comments to adhere to ITD's landscape requirements and also the applicant's note of public plaza in the development to meet mixed use requirements and Item B-3.C-3, comment on site plan review for permitted uses only. Nary: Second. De Weerd: It's been moved and seconded to approve Item 18 with the changes as noted by Councilman Wardle. Is there any further discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: In his motion he stated that from 6:00 to 8:00 for certain activities. What were the activities? Was that loading and unloading? Nary: It's already in the -- Meridian City Council June 15,2004 Page 68 of 74 Bird: I beg y()ur pardon? Nary: They are already in the recommendations as to what the activities are. Bird: That was 6:00 to 7:00. Nary: Right. It's just changing the time, but it already lists what activities are allowed. Bird: Okay. Wardle: Mr. Bird, my motion was to amend the hours in the Planning and Zoning Commission review. Bird: Okay. De Weerd: Okay. Any further questions? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, abstain; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. De Weerd: Okay_ Thank you, Mr. Berg. Turnbull: Madam Mayor? De Weerd: Yes, sir. Turnbull: I apologize, I didn't want to break in after the Public Hearing was closed, but we also had a request to allow staff to accept the construction drawings for this Lowe's project while the annexation is being finalized. Is that something that the Council would have objection to? De Weerd: Mr. Nichols, I guess we will start with you first. Nichols: Mr. Turnbull, in terms of accepting the construction drawings for review, you pay the permit fees and associated -- generally, though -- staff, help me out here, since I don't -- I'm not involved in the building side of things. Generally, you'd have to have the annexation ordinance finalized before you would accept the drawings for review; is that it? Powell: Yes. Nichols: And the reason for that would be -- Meridian City Council June 15, 2004 Page 69 of 74 Powell: They are not part of the city yet. I think that's why we have done it in the past. Because I haven't questioned this one, I hate say the -- because that's the way it's always been done, but that is the way it's always been done. Nichols: Madam Mayor, Members of the Council, I think probably the way to approach this, as long as the applicant is willing to sign a letter that he understands that we don't expect the train to go off the track, but if there is some problem associated with the annexation and zoning, challenge from the neighbors, whatever, that it could delay the project. Acceptance of the drawings alone does not mean that the city is somehow obligated to approve those. Turnbull: That's understood. Nichols: I figured it would, but I just wanted to get it on the record. Turnbull: Be happy to sign that. Nichols: Mr. Watson has something to say, Madam Mayor. De Weerd: Yes. Gary -- I mean -- I'm sorry. I have changed the title, but -- sorry. Watson: Madam Mayor, maybe between all of us here we could clarify that there wouldn't be a building permit issued, obviously, until this is formally annexed. Is that -- I just want to be very clear on this -- this part. Nichols: And, Madam Mayor, I believe that would satisfy the requirement. Turnbull: That's correct. Nichols: Mr. Turnbull just wants to get a jump on all of the reviews. Turnbull: Just trying to move along. De Weerd: Thank you. Okay. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Mr. Nichols, does that -- do we need a motion to do that? No, we don't? Okay. Item 19: Water~ Sewer and Trash Delinquencies: De Weerd: That's an internal process; it's not an ordinance. Okay. Okay. Item 19 is the delinquency turn-off list scheduled for June 16th, cycle one. This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 Meridian City Council June 15, 2004 Page 70 of 74 p.m., Tuesday, June 15th, 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. Your service will be discontinued on June 16th, 2004, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? Okay. 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 appeal, their water will be shut off. The amount of the turn-off list is $24,237.70. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the cutoff list for June 16th, 2004, for a total of $24,237.70. Rountree: Second. De Weerd: It's been moved and seconded to approve the delinquency turnoff list. Any further discussion? Hearing none, Mr. Clerk, will you call roiL Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 20: Tabled from June 8J 2004: Ordinance No. Recreation Commission Ordinance: Parks and De Weerd: Okay. Item No. 20 is tabled from June 8th. It's the Parks and Recreation Commission ordinance. Dare I ask the city clerk to read it by title only? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Before we read that, what were we changing from last week, so we don't have to keep going through this. I just don't recall. Nichols: Madam Mayor, Members of the Council, I believe that the last change was to give a range of membership, minimum of five, maximum of nine, and I believe that was the last change. Nary: Me, too. That's not the one on here. De Weerd: And, then, there was something in -- Meridian City Council June 15.2004 Page 71 of 74 Nary: That's not the one on here. That's why I'm asking. Rountree: There was another one. Nichols: Madam Mayor, Members of the Council, we sent over a revised one. Nary: Okay. Nichols: So, I apologize if it didn't get on. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I also believe that we were taking it back to the commission to have them check what they thought of the five to nine. I don't like the five to nine. You either have five or you have seven or you have nine. But that's just my opinion. And, then, they did not have a quorum -- they did not have a quorum to review this and I understood it was going back to them for review. De Weerd: Yes, Mr. Wardle. Wardle: Madam Mayor, to address Mr. Bird's comments, it was not my understanding that I was to take this back to the Planning and Zoning Commission for review. Bird: No, not Planning and Zoning. Wardle: Or, I'm sorry, Parks and Recreation Commission for review. However, the changes as I understood them were to change the range of the commission from five to nine to allow us to create what could potentially be two youth positions and keep the seven current commissioners we have and on last Wednesday I attended the Parks and Recreation Commission meeting where they had three of the seven appointed commissioners show up without a quorum, so just for your information, but I didn't think I was taking it back for their comment. Bird: Okay. That's-- Wardle: I'm sorry. The other change I believe that was made was that the vote was to be half plus one of the appointed members of the commission, instead of the number. De Weerd: And there was just some clarity in -- Nary: Right. We added an and -- De Weerd: Yeah. Meridian City Council June 15,2004 Page 72 of 74 Nary: But that isn't the one here, so I just wanted to make sure that that's the one we pass. De Weerd: Since Mr. Nichols says those changes were made, I'm sure they were. So, Council, are we ready to hear it by title only? Rountree: Yes. De Weerd: Mr. Clerk, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. We are still calling this Ordinance 04-1081, an ordinance of the City of Meridian, Idaho, repealing Chapter 2, Title 2, and reenacting the Parks and Recreation Commission of the Meridian City Code, providing for conflict, validity, savings clause and providing for an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Please tell me you don't want it read in its entirety. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I certainly believe Mr. Nichols transmitted it, so I just -- we can pass this tonight, just so it's clear, the one we are passing -- the one that's on the table here has the range of members from five to nine and has the other language and I just want to make sure that's the one we publish. De Weerd: Thank you. Thank you for the clarification. And do I have motion? Nary: Madam Mayor, I would move that we approve Ordinance 04-1081, the Parks and Recreation Commission ordinance as amended. Wardle: Second. Bird: Suspension of rules. Nary: With suspension of rules. I'm sorry. Thank you. De Weerd: Okay. It's been moved and seconded to approve Item 20 with suspension of rules. Any further discussion? Hearing none, Mr. Clerk, will you call roiL Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Meridian City Council June 15, 2004 Page 73 of 74 Ite-m 21: Ordinance No. Ordinance: Fireworks Amended De Weerd: All ayes. And Doug will party. Item 21, I assume is 04-1082. Mr. Clerk, will you, please, read this ordinance by title only? And, Mr. Nichols, you can go home. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1082. An ordinance for the City of Meridian, Idaho, amending the following: The section of Chapter 4 of Title 5, Fireworks, Section 7 -E to provide for inspections by the fire department, Section 15-P to provide for the Internal Fire Code, instead of the Uniform Fire Code, and to provide a new subscriber R, which will provide for a rental and/ or guardian liability sign in Section 16 to delete the limitation of damages for liability arising from the use of fireworks of the Meridian City Code, providing for conflict, validity, savings clause, and providing for an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Hearing none, Council, do you have a motion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve the ordinance for the fireworks amended ordinance with suspension of rules. Rountree: Second. De Weerd: It's been moved and seconded to approve Item 21. Is there further discussion? Mr. Berg, will you call roIL Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 22: Executive Session per Idaho State Code 67-2345(1)(b): De Weerd: Thank you. Item No. 22 is an Executive Session per State Code. Do I have a motion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1 )(b). Meridian City Council June 15.2004 Page 74 of 74 Rountree: Second. De Weerd: All those in favor say aye. All ayes -- I'm sorry. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Brad, I hate to put you on the spot, but would you like to join us? EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Wardle: Second. De Weerd: All those in favor, say aye. ALL AYES. MOTION CARRIED. De Weerd: Just for the record, let the record note that no decisions were made. would entertain a motion to adjourn. Bird: So moved. Rountree: Second. De Weerd: All those in favor, say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 11:24 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: 01 I OLP I~ DATE APPROVED - - June 11, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Pinnacle Engineers, Inc. AZ 04-006 June 15,2004 ITEM NO. 5-Ci REQUEST Findings - Request for Annexation and Zoning of 3.06 acres from RUT to L-O zones for proposed Southstone Subdivision - northeast corner of South Eagle Road and East Girdner Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: -..Dave AA L KinYlJJn Date: fo-/L/_ 1~~~71 or Emailed:da\Jen1@O..tH.1a.c-lt-e~.int.ers-. C'Oll' Staff Initials: --.1 , V fIT" Materi~ls presented at pu Ic meetings shall become property of the City of Meridian. See attached Findings ~ {if T,N,-,"j-rED "v~ -; ,.."i!i,. \0 . . -I 1 2004 Cit.y Of Meridian City Clerk Office WHITE PETERSON ATTORNEYS AT LAW KEVIN DINIUS JULIE KLEIN FISCHER CHRISroPHER D. GABBERT WM.F.GIGRAY, III T. GUY HALLAM "* JILL S.I-IOLlNKA JOHN R. KORMANIK . WILLIAM A. MORROW WILLIAM F. NICHOLS "* CANYON PARK AT THE IDAHO CENTER 5700 E.FRANKLlN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 CHRISTOPH ER S. NYE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE *"* * Also admitted in CA "* Also admitted in OR Also admitted in W A June 9, 2004 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: PINNACLE ENGINEERS, INC. / ANNEXATION AND ZONING FINDINGS / ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-04-006 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of June l, 2004, and which are on an upcoming Council agenda. Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approvaL If you have any questions arise, please advise. tJg Z:\Work\M\Mcridian\Mcridian ] 5360M\<;oulhstone Sub AZ-04-006 PP-04-008\FFCL ORD Clerk Ltr 06 09 04.do.: BEFORE THE MERIDIAN CITY COUNCIL C/C OS/25104 C/C 06/01/04 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 3.06 ACRES FOR ) SOUTHSTONE SUBDIVISION ) FROM RUT TO L-O, LOCATED AT ) THE NORTHEAST ) INTERSECTION OF EAGLE ROAD ) AND GIRDNER LANE, ) APPROXIMATELY ~ MILE ) NORTH OF THE NORTHEAST ) INTERSECTION OF EAGLE ROAD ) AND VICTORY ROAD, MERIDIAN, ) IDAHO ) ) PINNACLE ENGINEERS, INC., ) APPLICANT Case No. AZ-04-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on May 25,2004, and continued until June 1,2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Chris Hobbs, Steve Siddoway of the Planning and Zoning Department, and David McKinnon, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SOUTHSTONE SUBDIVISION (AZ-04-006) PAGE 1 OF 10 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 ~~ 67-6509 and 67-6511, and Meridian City Code ~~ 11-15-5 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 as described in the application, is approximately 3.06 acres in size and is located at the northeast intersection of Eagle Road and Girdner Lane, approximately Y2 mile north of the northeast intersection of Eagle Road and Victory Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owners of record of the subject property are William J. Lewis III and Shari S. Lewis and Evans Construction Management Co., Inc., of 2680 S. Eagle Road, Meridian, Idho 83642. Applicant is Pinnacle Engineers, Inc. 5. The property is presently zoned RUT (Ada County), and consists of a single- family dwelling which will be removed. 6. The Applicant requests the property be zoned as L-O (Limited Office). 7. The subject property is surrounded by the following properties and uses: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SOUTHSTONE SUBDIVISION (AZ-04-006) PAGE 2 OF 10 North, South, East and West: R-4 The property to the north and south was approved for L-Q uses through a use exception which was part of the use exception for Sutherland Farms. 8. The Applicant proposes to develop the subject property in the following manner: as a commercial subdivision featuring professional offices. 9. The Applicant requests zoning ofthe subject real property as L-O. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as Medium Density Residential. 10. There are no significant or scenic features of major importance that affect the consideration of this application. 11. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations ofthe Meridian Planning & Zoning Department as follows: 1. The parcel is contiguous to existing city limits. 2. Essential City services can be made available to the subject property. B. Adopt the ACHD report, dated April 2, 2004, which lists site-specific requirements, conditions of approval and street improvements, which are required. C. The Applicant shall comply with all the conditions and requirements listed within the corresponding Preliminary Plat, PP-04-008. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SOUTHSTONE SUBDIVISION (AZ-04-006) PAGE 3 OF 10 13. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Medium Density Residential". While the Comprehensive Plan Future Land Use Map does not support the proposed zone change, the approved development on parcels adjacent to the subject property on the north, south, and east have been zoned and platted for commercial and office uses. Because of the surrounding land uses, office development ofthe subject property will be more compatible with the area instead of the Medium Density Residential designated on the Comprehensive Plan Map. 14. The subject property is located adjacent to property which has been approved for light office uses through the approval of the Planned Development for Sutherland Farm. The subject property is located on Eagle Road, a major arterial road. 15. It is found that the requested light office uses would be generally harmonious with the existing and intended character ofthe general vicinity which is commercial, light office, and single family residential. 16. It is found that the proposed light office uses will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are exercised. 17. It is found that sanitary sewer and water mains service is readily available from existing mains adjacent to the subject site. All other public services and facilities appear to be adequate to service this property. 18. It is found that this development will not cause excessive additional requirements at public cost. Sewer and water will be extended to the proposed development by the developer. These improvements will be funded and constructed by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SOUTHSTONE SUBDNISION (AZ-04-006) PAGE 4 OF 10 19. It is found that the proposed light office uses will not be detrimental to surrounding properties if constructed and landscaped as submitted. It is also found that the proposed use will create additional traffic on Eagle Road and Girdner Lane, but is unlikely to significantly impact traffic due to the scale and intensity of the proposed light office subdivision. Cross access to the light office development to the north has been proposed. The light office development south ofthe subject property will access the subject property from Girdner Lane. The developer of Sutherland Farm Subdivision has not proposed a connection between the proposed development to the east of the subject property and the proposed Southstone Subdivision. No traffic study or statement of impact was submitted with the application. It is not anticipated that the proposed use will create excessive traffic, noise, smoke, fumes, glare or odors. 20. It is found that the proposed vehicular approaches off of Girdner Lane will have a low level of impact on the level and flow of traffic on the surrounding streets. The proposed subdivision will not have direct access off of Eagle Road. Cross access will be provided to the development north of the subject property. 21. It is found that the proposed subdivision does not contain any natural or scenic features of major importance and will not result in the destruction, loss, or damage of a natural or scenic feature of major importance. The subject property has one single family dwelling which will be removed. 22. It is found that the proposed rezone of the subject property is in the best interest of the City. The proposed office development is compatible with surrounding land uses and the development will be an asset to the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING SOUTHSTONE SUBDIVISION (AZ-04-006) PAGE 5 OF 10 23. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 11, and all sub-parts, the economic welfare ofthe City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 24. It is also found that the development considerations as referenced in Finding No. 11 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character 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, 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 S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SOUTHSTONE SUBDIVISION (AZ-04-006) PAGE 6 OF 10 "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 zoning of(L-O) Limited Office is defined in the Zoning Ordinance at S 11-7-2 G as follows: (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-Q District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 5. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 6. The development of the annexed land, if annexed, shall meet and comply with the Ordinances ofthe City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 7. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SOUTHSTONE SUBDIVISION (AZ-04-006) PAGE 7 OF 10 OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for a1U1exation and zoning of approximately 3.06 acres to Limited Office (L-) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for a1U1exation and zoning of3.06 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for a1U1exation 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: 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the a1U1exation and zoning designation of the real property which is the subject of the application to (L-O) Limited Office District, and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff ofthe Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the a1U1exation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING SOUTHSTONE SUBDNISION (AZ-04-006) PAGE 8 OF 10 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the '5~!t. I - day of J~ , 2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED f;Iea- COUNCILMAN CHARLIE ROUNTREE VOTED~CL- COUNCILMAN KEITH BIRD VOTED--$tt.--- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SOUTHSTONE SUBDNISION (AZ-04-006) PAGE 9 OF 10 MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 6-17'-04- VOTED MOTION: APPROVED:1 DISAPPROVED: ~~ \\Jvfu 6'1'tW. d eerd "", Of ~EFyO " ,,- - "" :<,...\ '4.4:'''>" ;:- 0 o?poRA 1; "v ~ ~ ~() .('0 -;;. :::: ~ ::. 2 = - - == SE.ftJ!..L = ~ William G. Berg, Jr., Cit CI k -' 0-Qu. .....6-;0 0 ~ ~ '70 '8/15"\ . -<." ~ '/" ~ {)~ ,.::-- Copy served upon Applicant, the PlanntIig.>>fi"a1{;9~l'(g,D~rtment, Public Works Department and . 0 ~ the CIty Attorney. Illin:;: H"\\ BY~'~OVVV Ity Clerk's Office Attest: Dated: lo .;Z\-ct Z:\Work\M\Meridian\Meridian 1 5360MlSoulhstone Sub AZ-04-006 PP-04-008\AZFfCl&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SOUTHSTONE SUBDIVISION (AZ-04-006) PAGE 10 OF 10 Jun~ 11, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Pinnacle Engineers, Inc. P P 04-008 June 15,2004 ITEM NO. ~.J) REQUEST Findings - Request for Preliminary Plat approval of 8 commercial building lots on 3.06 acres in a proposed L-O zone for Southstone Subdivision -- northeast corner of South Eagle Road and East Girdner Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached Findings vY ~ OTHER: Contacted: JJA \J.p Emailed: M c- KJ't) m IJ Date: I(r I~ Php7e: Staff Initials: ffi bt Materials presented at public meetings shall become property of the City of Meridian. I 1 2004-' interoffice NIEMORANDUM City Of Meridian City Clerk Office To: William G. Berg, Jf. From: Will. F. Nichols Subject: Southstone Subdivision File: PP-04-008 Date: June 9,2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their June 1,2004 meeting. The Findings will be on an upcoming Council agenda. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\M\Meridian\Meridian 15360M\Southstone Sub AZ-04-006 PP-04-008\BergPrePlatMEMO 06 09 04.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C OS/25/04 C/C 06/01/04 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR SOUTHS TONE ) SUBDIVISION FOR 8 ) COMMERCIAL BUILDING LOTS ) ON 3.06 ACRES LOCATED AT THE ) NORTHEAST INTERSECTION OF ) EAGLE ROAD AND GIRDNER ) LANE, APPROXIMATEL Y ~ MILE ) NORTH OF THE NORTHEAST ) INTERSECTION OF EAGLE ROAD ) AND VICTORY ROAD, MERIDIAN, ) IDAHO ) ) BY: PINNACLE ENGINEERS, INC., ) APPLICANT ) ) Case No. PP-04-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on May 25,2004 and continued until June 1,2004, and Anna Powell Planning Director for the Planning and Zoning Department, Chris Hobbs, Steve Siddoway of the Planning and Zoning Department, and David McKinnon, appeared and testified, and the City Council having received a report from Wendy Kirkpatrick for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELllvIINARY PLAT SOUTHS TONE SUBDIVISION / (pP-04-008) Page 1 ofl 7 Preliminary Plat "SOUTHSTONE SUBDIVISION PRELIMINARY PLAT REAL ESTATES INVESTMENTS, PRELIMINARY PLAT FOR SOUTHSTONE SUBDNISION A PORTION OF THE SE !4 OF THE NE y:; OF SECTION 21 TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN ADA COUNTY, IDAHO 2004, DATE: 02/12/04, DRAWN BY: BKR, DESIGNED BY: DBM, CHECKED BY: M.R. SHEPPARD, P.E., PROJECT NO. C046010, SHEET PP-I, STAMPED: RECEIVED MAY 052004 CITY OF MERIDIAN CITY CLERK OFFICE, REAL ESTATE INVESTMENTS WILLIAM & SHARI LEWIS - OWNERlDEVELOPER, PINNACLE ENGINEERS, INC.", Pinnacle Engineers, Inc., Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason ofthe fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to L-O is before the Council, 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. It is found that public services FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMfNAR Y PLAT SOUTHS TONE SUBDIVISION / (pP-04-008) Page 2 ofl 7 are readily available to the lots within the proposed subdivision. The applicant is working with sse to resolve SSC's concerns regarding trash collection on the property. The developer will extend services to each individual lot within the subject property. 3. It is determined that Urban Services can be made available to accommodate a portion of the proposed development. It is found that sanitary sewer and water mains service is readily available from existing mains adjacent to the subject site. All other public services appear to be adequate to service this property. It is found that this development will not cause excessive additional requirements at public cost. Sewer and water will be extended to the proposed development by the developer. These improvements will be fuuded and constructed by the developer. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development, as the improvements will be funded and constructed by the developer. It is found that the subdivision is in with and will not negatively impact the capital improvement plan. Because the developer is installing sewer, water, local street infrastructure, utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds. 5. The development if built 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHS TONE SUBDMSION I (pP-04-008) Page 3 of 17 concerns brought to the Council's attention. It is found that the development will not require major expenditures for supporting services. The developer will fund and construct the supporting services. The Meridian Police Chief has expressed concerns regarding the subdivisions' access point at the north of the subject property. Chief Musser has recommended that the access point to the north be moved west so that the northern access point and the southern access point for the property do not line up and create a drive aisle which could encourage cut-through traffic. Moving the access point to the west will help to reduce cut- through traffic and reduce speeding in the parking lot of the proposed Southstone Subdivision. The applicant has submitted a revised site plan which has been approved by Joe Silva of the Meridian Fire Department. 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 forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as "SQUTHSTONE SUBDIVISION PRELIMINARY PLAT REAL ESTATES INVESTMENTS, PRELIMINARY PLAT FOR SOUTHSTONE SUBDIVISION A PORTION OF THE SE 1,1 OF THE NE 1,1 OF SECTION 21 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY, IDAHO 2004, DATE: 02/12/04, DRAWN BY: BKR, DESIGNED BY: DBM, CHECKED BY: M.R. SHEPPARD, P .E., PROJECT NO. C046010, SHEET PP-l , STAMPED: RECEIVED MAY 05 2004 CITY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHSTONE SUBDIVISION I (pP~04-008) Page 4 ofl 7 MERIDIAN CITY CLERK OFFICE, REAL EST A TEINVESTMENTS WILLIAM & SHARI LEWIS - OWNER/DEVELOPER, PINNACLE ENGINEERS, INC.". 8. There are no health, safety, or environmental problems regarding this project. DECISION AND ORDER Pursuant to 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 the Preliminary Plat "SOUTHSTONE SUBDIVISION PRELIMINARY PLAT REAL ESTATES INVESTMENTS, PRELIMINARY PLAT FOR SOUTHSTONE SUBDIVISION A PORTION OF THE SE ~ OF THE NE ~ OF SECTION 21 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY, IDAHO 2004, DATE: 02/12/04, DRAWN BY: BKR, DESIGNED BY: DBM, CHECKED BY: M.R. SHEPPARD, P.E., PROJECT NO. C046010, SHEET PP-l , STAMPED: RECEIVED MAY 05 2004 CITY OF MERIDIAN CITY CLERK. OFFICE, REAL ESTATE INVESTMENTS WILLIAM & SHARI LEWIS - OWNER/DEVELOPER, PINNACLE ENGINEERS, INC.", Pinnacle Engineers, Inc., Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. ModifY paragraph 14, page 7 to delete the reference to a shared parking agreement. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHSTONE SUBDNISION / (PP-04-008) Page 5 ofl7 2. Add a paragraph 15 on page 17 stating, "Ten days prior to the next-hearing the applicant will submit a revised plat showing that the north access to the north property is moved to the west." B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS - Preliminary Plat: 1. Sanitary sewer and water service to this subdivision will be from the existing mains installed for the Sutherland Fanus project. This development shall be subject to sanitary sewer latecomers fees. Currently the latecomer fee is $352.88 per equivalent residential unit. 2. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The applicant has indicated that the Nampa & Meridian Irrigation District will own and operate the required pressurized irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13- 8 and MCC 9-1-28. See Site Specific Condition #8 below. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including perimeter fencing and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat. 4. Submit any updated groundwater/soils monitoring data to the Public Works Department for review. The project engineer should pay close attention to the results offield studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHSTONE SUBDNISION / (pP-04-008) Page 6 of! 7 that the parking lot centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of structures are at least I-foot above groundwater. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. 7. Parking and building layout are not approved with this application. Separate Certificates of Zoning Compliance will be required for this development. 8. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 9. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a lOO-year storm event. Side slopes within drainage areas shall not exceed 3: 1. 10. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section ll-13-4.C. 11. All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-l.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. 12. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 13. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches oftrees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELTh1INARY PLAT SOUTHSTONE SUBDIVISION / (pP-04-008) Page 7 of17 ( 14. A cross-access agreement for between the subdivision lots and for the property to the north of the subject property must be submitted. 15. The applicant has submitted a revised plat showing that the north access point is moved to the west. GENERAL REQUIREMENTS - Preliminary Plat: 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Assessment fees for water and sewer service are determined during the building plan reVlew process. 4. Two-hundred-fifty-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. 6. Show all existing and proposed easements for irrigation/drainage facilities located within the boundaries of this proposed development. 7. 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. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPRO V AL OF PRELIMINARY PLAT SOUTHSTONE SUBDIVISION / (pP-04-008) Page 8 ofl 7 9. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 10. All construction shall conform to the requirements of the Americans with Disabilities Act. C. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. Acceptance of the water supply for fire protection will be by the Meridian Public Works Department. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. The phasing plan may require that any roadway greater than 150' in length shall be provided with an outlet shall or be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 5. Provide a 20' wide Fire Lane for all internal & external roadways. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. Fire lanes and streets shall have a vertical clearance of 13' 6". This includes mature landscaping. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROV AI.. OF PRELIMINARY PLAT SOUTHSTONE SUBDIVISION / (pP-04-008) Page 9 ofl 7 8. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 9. The 8 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. Maintain a separation of 5' from the building to the dumpster enclosure. 11. All processes & storage practices shall be required to comply with the International Fire Code. 12. Provide exterior egress lighting as required by the International Building & Fire Codes. D. Adopt the Recommendations ofthe Meridian Police Department as follows: 1. Move the access point on the northern edge of the subject property to the west so that access does not line up with the access point off of Girdner Lane to the south. E. Adopt the Recommendations of Sanitary Services as follows: 1. Overhead Clearance: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum of 13 ft. clearance for service vehicle height, including power and telecommunication lines. This requirement increases to 22 ft. clearance at container service Locations. 2. Waste enclosure access: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has drive-on capability for 6 and 8 cubic yard. Containers. Allow a minimum of 60 ft. frontal clearance for such containers. 3. Waste enclosure locations: There is a concern that the enclosures are not located to minimize service vehicle backing-up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing-up. Please contact Bill Gregory at sse (888-3999) to discuss this matter prior to issuance of the certificate of zoning compliance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHSTONE SUBDNISION I (pP-04-008) Page 10 of 17 4. Enclosure Numbers and or capacity: There is a concern that you have not provided enough enclosures to meet waste generation points and volumes that may be generated by the proposed development. Please contact Bill Gregory at sse (888- 3999) to discuss this matter prior to issuance of the certificate of zoning compliance. 5. Turning Radius: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum of 50 ft. turning radius. 6. Waste enclosure Pad: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a concrete pad inside of all enclosures. 7. Waste enclosure aprons: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has an 8 ft. concrete apron in front of all waste enclosures greater than 6 and 8 cubic yards. 8. Waste enclosure gate locks: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has gate locks for both open and closed positions. 9. Waste enclosure dimensions: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum of 10ft. clearance inside of the enclosure gates with the gates in the open position. 10. Waste enclosure bumpers or stops: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has bumpers or stops inside of the enclosure to prevent the container from damaging enclosure walls and gates. 11. Waste enclosure user access: When possible, design the enclosure with an easy pedestrian access point other than the front gates. This will insure less mess in the enclosure as well as reduce gate damage. 12. Please contact Bill Gregory at S SC (888-3999) for detailed review of your proposal prior to the public hearing. There is a concern that the required modifications may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. F. Adopt the Recommendations of the Parks and Recreation Department as follows: 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHSTONE SUBDIVISION / (pP-04-008) Page 11 ofl 7 G. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division ofEnvirorunental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. H. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage should be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. I. Adopt the recommendations of the Ada County Highway District as follows: Special Recommendation to the City of Meridian and the Applicant Eagle Road is classified as a minor arterial. The applicant should be required to provide cross access to the parcel to the north via the proposed driveway on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT SOUTHS TONE SUBDIVISION / (pP-04-008) Page 12 of 17 Eagle Road. By requiring cross access, the sites on Eagle Road will have an additional access point and should allow for increased circulation within this area. Site Specific Conditions of Approval 1. Dedicate 48-feet ofright-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner suhmits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. Construct a minimum 5-foot wide concrete sidewalk along Eagle Road, located a minimum of 41-feet from the centerline of the right-of-way OR Provide the District with a Public Right's of Way Road Trust Deposit in the amount of $5,080.00 for the construction of a 5-foot concrete sidewalk on Eagle Road. 3. If Easy Jet Drive has been constructed as one half of a 40- foot street section with a minimum of 24-feet of pavement with vertical curb, gutter and 5-foot sidewalk on the south side of Easy Jet Drive within 40-feet of right-of-way, dedicate the remaining I4-feet of right-of-way and complete the remainder of the street section (including the construction of vertical curb, gutter and a 5-foot concrete sidewalk) on the north side of Easy Jet Drive. 4. If Easy Jet Drive has not been constructed, construct Easy Jet Drive as one half of a 40- foot street section with a minimum of 24- feet of pavement with vertical curb, gutter and 5-foot sidewalk on the north side of Easy Jet Drive within 40- feet of right-of-way. 5. Construct a 30-foot wide curb return type driveway that intersects Eagle Road approximately 2IO-feet north of Girdner Lane (proposed Easy Jet Drive), as proposed. Construct the driveway with a 15-foot curb radius (minimum). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHSTONE SUBDMSION I (pP-04-008) Page 13 of 17 6. Construct a 25-foot curb return type driveway that intersects Girdner Lane (proposed Easy Jet Drive) approximately 355-feet east of Eagle Road, as proposed. Construct the driveway with a 15-foot curb radius (minimum). 7. Other than the access point that has specifically been approved with this application, direct lot access to Eagle Road is prohibited. Notes ofthis restriction shall be noted on the final plat. 8. 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 ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHSTONE SUBDNISION I (pP-04-008) Page 14 of17 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-ofwway. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHSTONE SUBDIVISION / (pP-04-008) Page 15 of 17 Please take notice that this is a final action of the governing body Of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By actiqn...Qf the City Council at its regular meeting held onthe day of ~1 t/VrJL , 2004. 15TA ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED ~ VOTED~ VOTED~ VOTED~ VOTED ----- COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MA YOR TAMMY de WEERD (TIE BREAKER) Attest: \\\\Inl" 1I1t" \\\ M. 'I/ \,"_1 Of ~/1/{) fill,. .::::-" ~'~ ' '1.1. "-/ :::.... a O",POR..-j ;-; 1-- ~ ~ ,0 ka -:.. 2 ~ ... ~ ~ ~ = ~ W'll" B J C" Cl k' ~ Q. "Cl5 0 l 1 ram G. erg, L, It er % *YO USr 1S1 ' -<" .:::.;:: '/,. ~ a ~<,'I;f " ",. 0 N7CL \V ...' Copy served upon Applicant, The Plan.n(trgri1m\\f;Yl\\\Q,g\t)epartment, Public Works Department and City Attorney. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHSTONE SUBDIVISION / (pP-04-008) Page 16 of1? By: ,~AWM Ci lerk's Office Dated: 19-Q \ ~ot Z:\Work\M\Meridian\Metidian I 5360MlSouthstone Sub AZ.04-006 PP-04-008\FtcIsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTIISTONE SUBDIVISION I (pP-04-008) Page 17 of 17 June 11,2004 MERIDIAN CITY COUNCIL MEETING RZ 04-002 June 15,2004 APPLICANT Treasure Valley Development ITEM NO. 's-e REQUEST Findings - Request for a Rezone of 7.48 acres from L-O to R-15 zones for proposed Rock Creek Subdivision - east of North Linder Road and south of West Pine Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: 0Oh~ 0:}J'f_ C key t Date: 0"-} If- Phone: Emailed: ~ oM (\@CLhoh1 If- vi. CoVYl Staff Initials: -vYJ 4- -j Materials presented at public meetings shall become property of the City of Meridian. See attached Finding:. ~~ D WHITE PETERSON JUN 1 1 2004 ATTORNEYS AT LAW City Of Meridian City-Clerk Office KEVIN E. DINIUS JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIORA V, III T. GUY HALLAM .. JILL S. HOLlNKA JOHN R. KORMANfK · WILLIAM A. MORROW WILLIAM F. NICHOLS" WHITE PETERSON, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKliN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 F ^'" (208) 466-4405 CHRISTOPHER S. NVE PHILIP A. PETERSON TODD A ROSSMAN TERRENCE R. WHITE'" · Also admitted ill CJ .. Also admilted in OF ... Also admined in W, June 10, 2004 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: ROCK CREEK SUBDIVISION / REZONE FINDINGS / REZONE ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY COVER LETTER - RZ-04-002 Dear WilL Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE prepared as per instructions from the Council meeting of June 1,2004, and which are on an upcoming agenda. Also, please find enclosed the above Rezone Ordinance and the Certification of the Clerk for the rezone for City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full zoning ordinance is presented to Council for approvaL If you have any questions arise, please advise. Z:\Work\M\Meridian\Meridian I 5360M\Rock Creek Sub RZ-04-002 PP.04-005 CUP-04-006\FFcl RZ Ord Berg Ltr 06 1004.doe BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF 7.48 ACRES FOR ROCK CREEK SUBDIVISION FROM L-O TO R-15, LOCATED ON THE SOUTH SIDE OF PINE AVENUE, APPROXIMATELY 1,200 FEET EAST OF LINDER ROAD, WITHIN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO TREASURE V ALLEY DEVELOPMENT, Applicant. C/C 06/01104 ) ) } } } } } } } } } } } ) ) ) Case No: RZ-04-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 7.48 acres having come on for public hearing on June 1,2004, at the hour of7:00 o'clock p.m., and Council having received the report of Brad Hawkins-Clark for the Planning and Zoning Department, and Bruce Freckleton Engineering Teclmician III, and Steve Siddoway for the Planning and Zoning Department, Rod Ralphs, Greg Embry, and Maxine J oooson, appeared and testified, and the Council having received the record afthis matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPRO V AL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION f (RZ-04-002) PAGE 1 OF 15 fonowing Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for June 1, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 1,2004, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with aU notice and hearing requirements set forth in Idaho Code ~~67-6509 and 67-6511, and Meridian City Code ~SII-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 7.48 acres in size and is located on the south side of Pine Avenue, approximately 1,200 feet east of Linder Road, within Section 12, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE V ALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION I (RZ-04-002) PAGE 2 OF 15 Township 3 North, Range 1 West, Meridian, Idaho, and said legal description is on file with the Clerk's office at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 5. The owner of record of the subject property is Fiscal Funding Company of San Francisco, California, and Calvin B. Grigsby representing Fiscal Funding Company, has submitted notarized consent for John Sieckert of Treasure Valley Development of Boise, Idaho to submit the subject application. 6. The Applicant is Treasure Valley Development. 7. The property is presently zoned as L-O and consists of vacant property. 8. The Applicant requests the property be rezoned to R-15. 9. The proposed site is bordered to the north by R-4, to the south by UPRR, to the east by a church (R-4), and to the west by L-O. 10. The subject property is within the Area of Impact of the City of Meridian. 11. The entire parcel ofthe property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: a multi-family residential subdivision consisting of92 units and two office lots. 13. The Applicant's requested rezoning ofthe subject real property as R-15 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as High Density Residential. 14. The Nine Mile Creek is a significant feature that affects the consideration of this application. 15. In review of the application for rezone it is provided at Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION I (RZ-04-002) PAGE 3 OF 15 City Code ~ 11-15-11 for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: , 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character ofthe same area, subject to the conditions of the conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, 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; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 15.10 The proposed zoning will be in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION / (RZ-04-002) PAGE 4 OF 15 15.2 Staff conditions provide as follows: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: REZONE SITE SPECIFIC CONDITIONS 1. Essential City services will be made available to the subject property. 2. The Applicant has submitted a new legal description for staff approval which retains the existing L-O zone on Lots 2 and 3 and a portion of Lot 1, Block 1 (for the proposed commercial buildings and parking lot). 3. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells maybe used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations of ACHD from their report dated March 3, 2004, which lists site-specific requirements, conditions of approval and street improvements, which are required. C. The Applicant shall also be required to comply with the corresponding application conditions and requirements in Preliminary Plat - PP-04-005 and Conditional Use Permit - CUP-04-006. 16. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as ''High Density Residential." The purpose of this designation is "to allow for the development of multi-family homes in areas where urban services are provided - developments might include duplexes, apartment buildings, townhouses, and other multi-unit structures." (See Chapter VII, pg. 95.) The requested R-15 zoning generally conforms to this stated purpose and intent of the High Density designation. The Comprehensive Plan policies which support the proposed development are as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION j (RZ-04-002) PAGE 5 OF 15 1.3 Community Design Policies - Open Spaces; 1.4 Land Use Residential Policies for new development; 1.5U Balance of Land uses; 1.6 Housing Benefits; 1.7 Sewer; 2.2U Neighborhood Parks; and 2.3U Property Values 17 . West Pine Avenue between Linder Road and Old Town is substantially built-out. The majority of the land uses in the area are medium density residential with other urban services such as churches and schools. Meridian High School and Meridian Middle School are both within a half mile of this site. The subject parcel and the south side of the Tramore development to the west are the largest undeveloped parcels in the immediate vicinity. There are also large, undeveloped parcels south of the UPRR, which have Commercial and Mixed Use designations. The main changes that have occurred in the area within the past few years are the construction of the Tramore senior complex and Tremont Subdivision to the east. Since the Nine Mile Drain will likely remain an open irrigation facility with limited vehicle crossings and Union Pacific will likely never approve new crossings ofthe railroad, the land uses and zoning options for this parcel are fairly limited. The proposed rezone to a high density residential use with controlled public and emergency access points seems to be appropriate and would allow for the limited development potential of this property to proceed. However, Staff does disagree with rezoning the frontage to R-15 where the proposed commercial uses are located, it is recommended that these two buildable lots retain the existing L-O zone. 18. It is found that any future uses, if designed, constructed and operated in accordance with adopted city ordinances and the CUP application, should be harmonious and appropriate in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE V ALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION I (RZ-04-002) PAGE 6 OF 15 appearance with the intended character of the vicinity. The area is intended to be a mix of high density and medium density residential and quasi-public uses. W. Pine Avenue is an urban collector with a bike lane and is designed to accommodate these higher intensive uses. 19. It is found that the proposed commercial buildings could be disturbing to the single family residences in Clarinda Fair Subdivision to the north if they are retail. However, if the L-Q zone is retained, the office uses would be compatible. It is also found tbat the proposed four-plex buildings would compliment the existing Tramore apartment building to the west and the proposed Roundtree four-plexes. 20. It is found that the applicants engineer has demonstrated that the project can be provided sanitary sewer service to the existing mains adjacent to the project site. The existing sewer mains in both W. Pine Ave and adjacent to the Nine Mile Drain are quite shallow, however the applicants engineer has demonstrated that minimum cover can be achieved via placing fill in the lower areas of the project. The applicant will be required to extend the main along the Nine Mile Drain to the east property line. This main will be extended further east in the future to provide gravity service to an area that is currently only serviceable via a lift station. It is also found that ACHD approved the preliminary plat and found that the surrounding public street system can accommodate the proposed use. Sanitary sewer and water are either currently available or under construction to provide service to the area. On February 27, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. All other public services and facilities noted above appear to be adequate to service this property. 21. It is found that this development will not cause excessive additional requirements at public cost. The Meridian Police and Fire Departments have commented that high density residential FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROML-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION j (RZ-04-002) PAGE 7 OF 15 developments may have the potential for more services than typical single family residential developments. Other required site improvements will be funded and constructed by the developer. 22. The application does not make clear the proposed use(s) of the commercial buildings. However, given their limited square footage, it is unlikely these buildings will have tenants that create high impacts on the neighborhood. It is also found that the proposed residential development will create additional traffic on W. Pine and surrounding streets. However, ACHD estimates the number oftrips will be within the threshold of collectors. 23. It is found that any future uses will impact the level and flow of traffic on the surrounding streets. ACHD estimates the site to generate 653 additional vehicle trips per day (0 existing). Sidewalk improvements to W. Pine Ave. are required of the developer to bring the facilities up to acceptable standards. The applicant should comply with ACHD policies in order to preserve the capacity and movement on the adjacent roadways. 24. It is found that the proposed development will not result in the destruction, loss or damage of other natural features. The Nine Mile Drain should be protected from any stormwater run- off or other potentially harmful or polluting substances. 25. It is found that the rezone of this property would be in the best interest of the City. The application substantially complies with the Comprehensive Plan and Future Land Use Map. The rezone would also allow for the development of a vacant parcel ofland that has more limitations on the type of uses than many other areas (i.e. Nine Mile Drain, UPRR, limited access). Staff does not consider the existing L-O zone to attract feasible or profitable types of non-residential uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION ! (RZ-04-002) PAGE 8 OF 15 CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. 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. 3. The requested zoning of Medium High Density Residential District, (R-15) is defined in the Zoning Ordinance at 11-7-2 E as follows: (R-15) Medium Hi2h Densitv Residential District: The purpose of the R-15 District is to permit the establishment of medium-high density single-family attached and multi- family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 4. Idaho Code S 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code ~ 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION I (RZ-04-002) PAGE 9 OF 15 pennit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification,enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code S 11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. S 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. 9 11-15-110fthe Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROML-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION I (RZ-04-002) PAGE 10 OF 15 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zonmg. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the conununity; 8.9 The proposed uses will not involve uses, activities, 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; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION f (RZ-04-002) PAGE 11 OF 15 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: L The Applicant's request for rezone of approximately 7.48 acres as a multi-family residential subdivision consisting of 92 units and two office lots, subject to the tenus and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: REZONE SITE SPECIFIC CONDITIONS 1. Essential City services will be made available to the subject property. 2. The Applicant has submitted a new legal description for staff approval which retains the existing L-O zone on Lots 2 and 3 and a portion of Lot 1, Block 1 (for the proposed commercial buildings and parking lot). 3. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations of ACHD from their report dated March 3, 2004, which lists site-specific requirements, conditions of approval and street improvements, which are required. C. The Applicant shall also be required to comply with the corresponding application conditions and requirements in Preliminary Plat - PP-04-005 and Conditional Use Permit - CUP-04-006. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION j (RZ-04-002) PAGE 12 OF 15 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (R-15) Medium High Density Residential District (Meridian City Code S 11-7-2 E) which ordinance shall be considered for passage. 4. Subsequent to the passage ofthe Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on J ~ I t?~2004. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION / (RZ-04-002) PAGE 13 OF 15 ROLL CALL COUNCILMAN SHAUN WARDLE VOTED ~ COUNCILMAN WILLIAM L.M. NARY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY deWEERD (TIE BREAKER) VOTED - DATED: 6 -1?~O4--- MOTION: APPROVED:--IC- DISAPPROVED: ~~ \\IMaM9l Tam e Weerd \\\11 //// Attest: "\\\~l Of ME:FII^ 11/1/ " ..(, '\ <.1,(.., 1/ " ,. -,A_ ~ ~ (j o'f'.POi1'.'11; . v ~ ::; ,(1 ~o --;::. ~~ ~ S : ~ ~ SEAL William G. Berg, Jr., Ci C erk \ 7c:') ....0:>0 J Copy served upon Applicant, the Pl~~~rrg~ ~~,partment, Public Works Department and the City Attorney. 'III 00: n g-,,-,r \$) ,<\:- III Vi'a I l' \\\ /If- \\\\ Ii/i,.;; nlll\ By: '- 1CUtfL -1\1l ~ Q IY\-J City Clerk's Office Dated: Lo . 2.. \ ~{J4 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION ! (RZ-04-002) PAGE 14 OF 15 Z:\Work\M\Meridian\Meridian 15360MlRock Creek Sub RZ-04-002 PP-04-005 CUP-04-006\FfsClsOrderREZ.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION I (RZ-04-002) PAGE 15 OF 15 June- 11, 2004 MERIDIAN CITY COUNCIL MEETING P P 04-005 June 15, 2004 APPLICANT Treasure Valley Development ITEM NO. S-F REQUEST Findings - Request for Preliminary Plat approval of 52 residential building lots and 1 common lot on 7.48 acres in a proposed R-15 zone for proposed Rock Creek Subdivision -- east of North Linder Road and south of West Pine Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POUCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ---.::JD/~(tl Sf p c. k:ur Emailed: V See attached Findings vY f;;rr Date: 0- tL{- Staff Initials: Phone: vnw Materials presented at public meeHngs shall become properly of the City of MeridJan. JUN 1 1 2004 interoffice MEMORANDUM City Orr\1eridian City Clerk Office To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Rock Creek Subdivision File: PP-04-005 Date: June 10, 2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their June 1,2004 meeting. The Findings will be on an upcoming Council agenda. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\M\Meridian\Meridian 15360M\Rock Creek Sub RZ-04-002 PP-04-005 CUP-04-006\BergPrePlatMEMO 06 10 04.da: BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/01104 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR ROCK CREEK ) SUBDIVISION FOR 52 BUILDABLE ) LOTS AND 1 COMMON/OTHER ) LOTS ON 7.48 ACRES LOCATED ) ON THE SOUTH SIDE OF PINE ) AVENUE, APPROXIMATELY 1,200 ) FEET EAST OF LINDER ROAD, ) WITHIN SECTION 12, TOWNSHIP ) 3 NORTH, RANGE 1 WEST, ) MERIDIAN, IDAHO ) ) BY: TREASURE VALLEY ) DEVELOPMENT, APPLICANT ) ) Case No. PP-04-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter corning on regularly for public hearing before the City Council on June 1,2004, and Steve Siddoway for the Planning and Zoning Department, Rod Ralphs, Greg Embry, and Maxine Johnson, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark Principal City Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the Preliminary Plat "PRELIMINARY PLAT FOR: ROCK CREEK SUBDIVISION A PORTION OF THE NE ~ OF THE SW ~ OF SECTION 12, T.3N., FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROCK CREEK SUBDIVISION / (pP-04-005) Page 1 ofl8 R.IW., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, PRELIMINARY PLAT, CLIENT: JOHN SIECKERT, JOB NUMBER: SDOI6.001, CAD FILE: PRELIMINARY PLAT.dwg, DESIGNED BY: NGC, DRAWN BY: SEK, CHECKED BY: JRL, DELIVERY DATE: 01114/04, HANDWRITTEN DATE: 04-19-2004, REVISIONS: NO. 0 DATE 01/14/04 BY NGC ISSUED FOR APPROVAL, NO.1 DATE: 01123/04 BY: NGC ADD FEMA FLOOD ZONE "A", NO.2 DATE: 03/09/04 BY: NGC REVISED CROSSING OF DRAIN, NO.3 DATE: 04/15/04 BY: NGC REVISED LAYOUT-REMOVED 2 BUILDINGS, ROCKCREEK SUBDIVISION MERIDIAN, IDAHO, TREASURE VALLEY DEVELOPMENT - DEVELOPER (OWNERSHIP HAS NOT TAKEN PLACE AS OF THE DATE OF THESE FINDINGS), LEAVITT & ASSOCIATES ENGINEERS, INC.", Treasure Valley Development, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned L-O, however, an application for re-zoning to R-15 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 E] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROCK CREEK SUBDNISION / (pP-04-005) Page 2 of 18 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. It is found that public services are readily available to the lots within the proposed subdivision. This site is currently designated as "High Density Residential" on the 2002 Comprehensive Plan Future Land Use Map and zoned L-O. The Applicant has requested modifications to the standard setbacks of the proposed R-15 zone. Staff finds that if the Commission and Council grant the Applicant the requested modifications with the CUP/PD, and the Applicant complies with the conditions included in this report, the uses, lot configuration and overall design of the subdivision would be in general conformance with the City of Meridian Comprehensive Plan. 3. It is determined that Urban Services can be made available to accommodate a portion of the proposed development. 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 public services can be made available to accommodate the proposed development. 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 PlaMing and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development, as the improvements will be funded and constructed by the developer. Because the developer is installing sewer, water, utilities and irrigation, for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROCK CREEK SUBDIVISION / (pP-04-005) Page 3 oft8 development at their cost, it is found that the subdivision will not conflict with the capital improvement program. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or enviromnental problems and there have been no specifics of any such concerns brought to the Council's attention. It is found that the development will not require major expenditures for supporting services. It is found that the City and its related services are capable of servicing the proposed development. 6. The Applicant is proposing to leave the Nine Mile Drain open abutting the site. The City has previously allowed this section of the Nine Mile Drain to remain open. It is found that the Nine Mile Drain is a significant natural feature that should be protected through standard stormwater and run-off management practices. The Applicant has indicated that the property is outside of the flood zone of Nine Mile Creek, with the exception of Zone "A" which is contained in the creek channeL Staff is not aware of any other health, safety or environmental problems associated with this subdivision. No environmental problems have been identified that may be associated with the development of this site. 7. It is found that the Recommendation To City Council of the Plmming and Zoning Commission is reasonable and appropriate for the conditions of approval ofthe preliminary plat as hereinafter set forth. 8. The applicant has submitted for consideration ofthis approval drawing ofthe preliminary plat herein designated as "PRELIMINARY PLAT FOR: ROCK CREEK SUBDIVISION A PORTION OF THE NE 14 OF THE SW 'l.l OF SECTION 12, T.3N., FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROCK CREEK SUBDNISION / (pP-04-005) Page 4 ofl8 R.lW., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, PRELIMINARY PLAT, CLIENT: JOHN SIECKERT, JOB NUMBER: SDOI6.00l, CAD FILE: PRELIMINARY PLAT.dwg, DESIGNED BY: NGC, DRAWN BY: SEK, CHECKED BY: JRL, DELIVERY DATE: 01/14/04, HANDWRITTEN DATE: 04-19-2004, REVISIONS: NO. 0 DATE 01/14/04 BYNGC ISSUED FOR APPROVAL, NO.1 DATE: 01123/04 BY: NGC ADD FEMA FLOOD ZONE "A", NO.2 DATE: 03/09/04 BY: NGC REVISED CROSSING OF DRAIN, NO.3 DATE: 04/15/04 BY: NGC REVISED LAYOUT-REMOVED 2 BUILDINGS, ROCKCREEK SUBDIVISION MERIDIAN, IDAHO, TREASURE VALLEY DEVELOPMENT - DEVELOPER (OWNERSHIP HAS NOT TAKEN PLACE AS OF THE DATE OF THESE FINDINGS), LEAVITT & ASSOCIATES ENGINEERS, INC.". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by having submitted the Preliminary Plat "PRELIMINARY PLAT FOR: ROCK CREEK SUBDIVISION A PORTION OF THE NE ):l OF THE SW ):l OF SECTION 12, T.3N., R.IW., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, PRELIMINARY PLAT, CLIENT: JOHN SIECKERT, JOB NUMBER: SDOI6.001, CAD FILE: PRELIMINARY PLAT.dwg, DESIGNED BY: NGC, DRAWN BY: SEK, CHECKED BY: JRL, DELIVERY DATE: 01114/04, HANDWRITTEN DATE: 04-19-2004, REVISIONS: NO. 0 DATE 01/14/04 BY NGC ISSUED FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROCK CREEK SUBDIVISION / (pP-04-005) Page 5 of18 APPROVAL, NO.1 DATE: 01/23/04 BY: NGC ADD FEMA FLOOD ZONE "A", NO.2 DATE: 03/09/04 BY: NGC REVISED CROSSING OF DRAIN, NO.3 DATE: 04/15/04 BY: NGC REVISED LAYOUT-REMOVED 2 BUILDINGS, ROCKCREEK SUBDIVISION MERIDIAN, IDAHO, TREASURE VALLEY DEVELOPMENT - DEVELOPER (OWNERSHIP HAS NOT TAKEN PLACE AS OF THE DATE OF THESE FINDINGS), LEA VITI & ASSOCIATES ENGINEERS, INC.", Treasure Valley Development, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. All conditions of the Rock Creek Rezone (RZ-04-002) and CUP/PD (CUP- 04-006) applications shall also be considered conditions of the Preliminary Plat (PP-04-005). 2. The modified development standards, including reduced front, side and rear setbacks, are approved as requested. Side setbacks shall be a minimum of 5 feet to the property line (minimum 10 feet between permanent structures). Front setbacks shall be a minimum of 12 feet from the back of sidewalk. Rear setbacks shall be a minimum of 12 feet for interior lots and a minimum of 15 feet for perimeter lots. 3. Provide a cross-access easement for all of the residential lots within the subdivision to utilize the drive aisles (Lot 1, Block 1) as access to the public street system. 4. Provide a Fire Department and Planning & Zoning Department approved secondary vehicular access to serve the lots south of the Nine Mile Drain prior the issuance of the 12th four-plex building permit within the subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROCK CREEK SUBDIVISION / (pP-04-005) Page 6 of18 5. The preliminary landscape plan (Sheet L1.0, dated 1/15/04 by Sterling Landscape) is approved with the following changes: 1. A license agreement from NampaMeridian Irrigation District for the proposed landscaping within the easement for the Nine Mile Drain and Rutledge Lateral may be required. If a license agreement for the proposed landscaping can not be obtained for required trees, any required trees shall be planted elsewhere within the subdivision. 11. MCC 12-13-12-3 requires the 20-foot buffer between the commercial/office uses and the four-plexes on Lots 9 and 10, Block 1 be planted with a mix of evergreen and deciduous trees. Revise the landscape plan to include evergreen trees in this buffer between land uses. Ill. Revise the plan to show an asphalt (not gravel) pathway on the north side ofthe Nine Mile Drain. IV. If the Capital Pear trees are fruit-bearing, the proposed trees in the commercial parking lot must be exchanged for another type of species. v. Note #2.G. says all existing trees on the property are undesirable species. The City Arborist shall confirm this prior to submittal of detailed landscape plans with the final plat application. 6. A 6-foot, non-combustible fence shall be constructed as near top-of-bank as permitted by NMID on both the north and south sides of the Nine Mile Drain. A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4-10.F.3). If no permanent fencing is provided on the perimeter of the subdivision, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing shall be installed in accordance with MCC 12-4-10. If the existing barb wire fencing on the east property line is located on the subject property, it must be removed prior to the issuance of any building permits within the subdivision. 7. The Applicant shall not be required to cover/tile the Ninemile Drain abutting the site. In accordance with Meridian City Code, the Applicant should be required to tile or cover any other irrigation ditches, laterals or canals that FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROCK CREEK SUBDIVISION / (pP-04-005) Page 7 ofl8 cross, intersect or lie adjacent to the subject site. Any ditch, canal or lateral to be piped should be shown on plans, which shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Iflateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 8. Revise the plat to show a minimum 7-foot wide sidewalk adjacent to W. Pine Ave. The sidewalk shall be constructed in accordance with ACHD standards and policies. 9. Revise the plat title block to reflect Note #9 that this is a resubdivision of a portion of Lot 3 of West Lawn Subdivision. 10. Revise the plat and landscape plan to show the 5-foot pathway on the north side of the Ninemile Drain extending to the east property line. 11. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approvaL The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 12. Staff finds that the applicants engineer has demonstrated that the project can be provided sanitary sewer service to the existing mains adjacent to the project site_ The existing sewer mains in both W. Pine Ave and adjacent to the Nine Mile Drain are quite shallow, however the applicants engineer has demonstrated that minimum cover can be achieved via placing fill in the lower areas of the project. The applicant will be required to extend the main along the Nine Mile Drain to the east property line. This main will be extended further east in the future to provide gravity service to an area that is currently only serviceable via a lift station. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROCK CREEK SUBDIVISION / (pP-04-00S) Page 8 of18 Sewer and water service shall be via main line extension from the existing mains 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 routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 13. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stonn water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. STANDARD CONDITIONS (PRELIMINARY PLAT) 1. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized inigation, sanitary sewer, water, etc. that has not been completed. 3. A detailed landscape plan, in compliance with the Landscape Ordinance, and in accordance with the changes noted within this staff report, shall be submitted for the subdivision with the final plat application. 4. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5-3). 5. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPRO V AL OF PRELIMINARY PLAT ROCK CREEK SUBDIVISION / (pP-04-005) Page 9 of18 Applicant. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 6. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24- hours for all storms up to and including a 1 GO-year storm events. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 7. Developer shall coordinate mailbox locations with the Meridian Post Office. 8. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 10. Maintenance of all common areas shall be the responsibility of the Rock Creek Homeowners Association. 11. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 12. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROCK CREEK SUBDNISION / (pP-04-005) Page 10 of 18 B. Adopt the Recommendations of ACHD as follows: 1. The applicant has nYQ options regarding the sidewalk along Pine Avenue: Option # 1: The applicant shall be required to construct a 7-foot attached sidewalk abutting the site. The District shall require an easement from the applicant for that portion of sidewalk outside of the existing right-of-way. This is consistent with previous action regarding developments that have roadway improvements existing. Please contact the Right-of- Way Division at 387-6270 for guidelines. OR Option # 2: The applicant shall be required to dedicate additional right-of-way to provide for the construction ofthe 7-foot attached sidewalk and 2-foot utility strip located within the new right-of-way. The owner/developer will not be compensated for this additional right-of-way because collector roadways are to be brought to adopted standards by the developers of abutting properties. 2. Construct driveway # 1 as a curb return type driveway with 15-foot radii intersecting Pine Avenue 16- feet east of the western property line as proposed. This driveway is in alignment with North 11th Street West located on the north side of Pine A venue. This driveway location meets District policy and shall be approved with this development. Pave the driveway to its full width of2S-feet as proposed, and at least 30-feet into the site beyond the edge of pavement of the roadway and install IS-foot curb radii abutting the existing roadway edge. 3. Driveway # 2 as a curb return type driveway with 15-foot radii offset 138-feet east of driveway # 1, measured near edge to near edge as proposed. (lIG-feet west of the eastern property line). This driveway is in alignment with the driveway on the north side of Pine Avenue for 1118 West Pine Avenue. This driveway location meets District policy and shall be approved with this development. Pave the driveway to its full width of 25-feet as proposed, and at least 30-feet into the site beyond the edge of pavement of the roadway and install 15-foot curb radii abutting the existing roadway edge. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROCK CREEK SUBDIVISION / (PP-04-005) Page 11 ofl8 ( 4. The applicant shall replace unused curb cuts on Pine Avenue with standard curb, gutter and concrete sidewalk to match required improvements. 5. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Pine A venue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also lmown as Ada County Highway District Road Impact Fee Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROCK CREEK SUBDIVISION / (pP-04-005) Page 12 ofl8 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 ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROCK CREEK SUBDNISION / (pP-04-005) Page 13 ofl8 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 8. Fire lanes and streets shall have a vertical clearance of13 '6". This includes mature landscaping. 9. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 10. The proposed multi-family lot has an estimated 100 units with a total estimated population of 267 residents at build out. The Meridian Fire Department has experienced 2397 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. D. Adopt the Recommendations ofthe Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROCK CREEK SUBDIVISION I (pP-04-005) Page 14 of18 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's 9-Mile Drain and Rutledge Lateral course through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the N amp a & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. F. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: 1. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosures per the standard recommendations ofSSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to submittal of a Conditional Use Permit and issuance of a Certificate of Zoning Compliance. G. Adopt the recommendations ofthe Meridian Police Department as follows: 1. The proposed development andlor plat do not offer natural surveillance opportunities ofthe public areas. Prior to the next public hearing, the applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT ROCK CREEK SUBDIVISION / (pP-04-005) Page 15 ofl8 ( shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 2. To increase emergency access to the site, the applicant shall provide a stub driveway to the property to the west. Prior to the next public hearing, the applicant shall submit a revised plat/site plan to reflect this requirement. 3. Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. H. Adopt the recommendations of the Meridian Parks Department as follows: 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & c. 2. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 3. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. L Adopt the action of the City Council taken at their June 1,2004 meeting as follows: For clarification: 1. The applicant shall be required to provide a 15 foot rear setback for buildings on the perimeter boundary with allowance for six foot balconies. Additionally, for these units, the front yard setback shall be 12 feet and the stairway to the second floor shall be allowed to encroach by three and one-half feet. 2. The applicant shall provide for an easement for the pathway to allow for the extension of the pathway to the east. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROCK CREEK SUBDIVISION / (pP-04-005) Page 16 of18 3. The applicant shall provide approved bollards from the Fire Department and Police Department pertaining to the emergency cross. 4. The tot lot amenity shall be moved to the central portion of the project so as to have direct visibility from the units. 5. The applicant provided at the June 1,2004 City Council meeting a layout of the proposed complexes upon the property, as well as the interior design layout, which were approved at the June 1, 2004 meeting. 6. The L-O portion of the project shall have access directly off of Pine Street. 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 of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date ofthis 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 <~ ,2004. 15~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT ROCK CREEK SUBDIVISION! (PP-04-005) Page 17 of18 ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~'I.....-- VOTED *'l-- VOTED~ VOTED~ VOTED COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) -E"e:,T ~ J1..1..J ~ C? v..,.., q, --- ~u" '\ 0::::- ~. '6 ur 1Si . ..('....." ''i ';.<J \, .....;:0 Copy served upon Applicant, The Pl-a~g,flAd(Z~\n.gDepartment, Public Works . Ij I' \ \ \ Department and CIty Attorney. 1,/jI;Ji 11 nlll William G. Berg, Jr., Ci By: \. k ,Jh Q Q fVLJ City Clerk's Office Dated: LD- 2~ Z:\Work\M\Meridian\Meridian I 5360MIRock Creek Sub RZ-04-002 PP-04-005 CUP-04-006\FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROCK CREEK SUBDMSION I (pP-04-005) Page 18 of 18 June- 11,2004 MERIDIAN CITY COUNCIL MEETING CUP 04-006 June 15, 2004 ITEM NO. 5:"-(} APPLICANT Treasure Valley Development REQUEST Findings -- Request for Conditional Use Permit for a Planned Development consisting of a mix of residential and commercial uses with reductions to building setback requirements for proposed Rock Creek Subdivision -- east of North Linder Road and south of West Pine Ave. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORN EY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings JTJbn ~erkf[t Date: Ca-tti l~h,~?t- Staff Initials: .LLl K.l.- Contacted: EmaiJed: Materials presented at public meetlngs shall become property of the City of Meridian. JUN 1 1 2004 interoffice MEMORANDUM City OfIv1eridian c~ 'c City Clerk Office To: William G. Berg, Jr. From: William F. Nichols Subject: BY: TREASURE VALLEY DEVELOPMENT FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR ROCK CREEK SUBDIVISION IN AN R-15 ZONE File No.: CUP-04-006 Date: June 10, 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 Council discussion and decision. If you should have any questions please give me a calL Z:\Work\M\Melidian\Meridian 15360M\Rock Creek Sub RZ-04-002 PP-04-005 CUP-04-006\ClkLtrCUPffcls&Order.doc ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR ROCK CREEK SUBDIVISION IN AN R-1S ZONE, LOCA TEDON THE SOUTH SIDE OF PINE AVENUE, APPROXIMA TEL Y 1,200 FEET EAST OF LINDER ROAD, WITHIN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO TREASURE VALLEY DEVELOPMENT, APPLICANT C/C 06/01/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-04-006 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 June 1, 2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Steve Siddoway for the Planning and Zoning Department, Rod Ralphs, Greg Embry, and Maxine Johnson, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 24 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 June 1, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 1, 2004, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an L-O zone and by reason of the provisions ofthe Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 24 4. The property is located on the south side of Pine Avenue, approximately 1,200 feet east of Linder Road, within Section 12, Township 3 North, Range 1 West, Meridian, Idaho. 5. The owner of record of the subject property is Fiscal Funding Company of San Francisco, California, and Calvin B. Grigsby representing Fiscal Funding Company, has submitted notarized consent for John Sieckert of Treasure Valley Development of Boise, Idaho to submit the subject application. 6. The Applicant is Treasure Valley Development. 7. The subject property is currently zoned L-O. There is, however, an application for re-zone to R-15 (Medium High Density Residential) before the City Council. The zoning district ofR-15 is defined within the City of Meridian Zoning and Development Ordinance, Section 11- 7-2. 8. The proposed application requests a conditional use permit for a Planned Development for multi-family residential use with reduced building setbacks. The Planned Residential Development designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses and exceptions, including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as High Density Residential. 10. The use proposed within the subject 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 24 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 subdivisions providing services to the subject real property within the planning jurisdiction ofthe City of Meridian, subject to the following: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: 1. All conditions of the previously approved development agreement, Tramore Subdivision (PFP-OI-006), and concurrent Preliminary Plat (PP-03-045) shall also be considered conditions of the Conditional Use Permit (CUP-03-069). 2. The four-plex structures shall conform to the following standards: · Minimum 12-foot rear setback for interior lots; minimum 15-foot rear setback for perimeter lots; · Minimum 5-foot side setback (measured to property line); · Minimum 12-foot front setback. (measured from back of sidewalk); · Construction materials used on the structures with modified setbacks/separation must be approved by City of Meridian Building Department and in accordance with the most recent International Building Code. (See modifications approved by City Council at G. below.) 3. As Planned Development amenities, construct a playground complete with equipment and benches on the south side of the Nine Mile Drain and a picnic area and BBQ pit with benches north of the Nine Mile Drain. Also construct a 5-foot pathway on the north side of the Nine Mile Drain, extending the full width of the property. At least 10 days prior to the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 24 Council hearing, the Applicant shall submit 10 copies of a schematic showing how the common/amenity lots will be constructed. Also 10 days prior to the City Council hearing, submit side elevations and floor plans of the fourplexes on Lots 8, 20 and 24 showing windows on the side elevations which face the playground area. Said windows should be located in either a living room or kitchen within the units. 4. Provide each dwelling unit with at least one hundred square feet of useable private open space, such as a patio or deck. Present, at the P&Z Commission public hearing, calculations and/or drawings that explain how the required usable private open space requirement will be met for the multi-family development. 5. Provide parking for each four-plex structure within each individual lot. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. 6. Unless the Site Plan is modified to expand the number of parking spaces, the commercial buildings on Lots 2 and 3, Block 1 will be restricted to office type uses only. 7. Provide a minimum 5-foot wide landscape buffer along the southern boundary of the development. Said landscape buffer may be included within the existing irrigation easement if a license agreement for landscaping is obtained from the Nampa Meridian lnigation District (NMID). If the Applicant is unable to obtain a license agreement from NMID, provide a minimum 5-foot wide landscape buffer outside of the NMID easement. 8. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by sse. Prior to Certificate of Zoning Compliance (CZC) submittal, the Applicant shall submit a revised site plan, stamped approved by sse, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 9. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5- 2.K. 10. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 1 L Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, inigation, and landscaping shall be installed. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 24 B. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: 1. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosures per the standard recommendations ofSSC for access, gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to submittal of a Conditional Use Permit and issuance of a Certificate of Zoning Compliance. C. Adopt the recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change Application be filed for review prior to final platting. 2. AU laterals and waste ways must be protected. The District's Nine Mile Drain and Rutledge Lateral course through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 4. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Central District Health Department as follows; 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 24 - 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of ACHD as follows: ' L The applicant has two options regarding the sidewalk along Pine Avenue: Option # 1: The applicant shall be required to construct a 7-foot attached sidewalk abutting the site. The District shall require an easement from the applicant for that portion of sidewalk outside of the existing right-of-way. This is consistent with previous action regarding developments that have roadway improvements existing. Please contact the Right-of-Way Division at 387-6270 for guidelines. OR Option # 2: The applicant shall be required to dedicate additional right-of-way to provide for the construction of the 7-foot attached sidewalk and 2-foot utility strip located within the new right-of-way. The owner/developer will not be compensated for this additional right-of-way because collector roadways are to be brought to adopted standards by the developers of abutting properties. 2. Construct driveway # 1 as a curb return type driveway with IS-foot radii intersecting Pine Avenue 16-feet east of the western property line as proposed. This driveway is in alignment with North 11 th Street West located on the north side of Pine Avenue. This driveway location meets District policy and shall be approved with this development. Pave the driveway to its full width of2S-feet as proposed, and at least 3D-feet into the site beyond the edge of pavement ofthe roadway and install IS-foot curb radii abutting the existing roadway edge. 3. Driveway # 2 as a curb return type driveway with IS-foot radii offset 138-feet east of dri veway # 1, measured near edge to near edge as proposed. (110- feet west of the eastern property line). This driveway is in alignment with the driveway on the north side of Pine Avenue for 1118 West Pine Avenue. This driveway location meets District policy and shall be approved with this development. Pave the driveway to its full width of2S-feet as proposed, and at least 30-feet into the site beyond the edge of pavement of the roadway and install1S-foot curb radii abutting the existing roadway edge. 4. The applicant shall replace unused curb cuts on Pine Avenue with standard curb, gutter and concrete sidewalk to match required improvements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 24 - 5. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Pine A venue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 6. 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 ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the 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 pennits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF24 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. F. The applicant shall also be required to comply with the corresponding applications, Rezone RZ-04-002, and Preliminary Plat PP-04-005. G. Adopt the action of the City Council taken at their June 1, 2004 meeting as follows: For clarification: 1. The applicant shall be required to provide a 15 foot rear setback for buildings on the perimeter boundary with allowance for six foot balconies. Additionally, for these units, the front yard setback shall be 12 feet and the stairway to the second floor shall be allowed to encroach by three and one-half feet. 2. The applicant shall provide for an easement for the pathway to allow for the extension of the pathway to the east. 3. The applicant shall provide approved bollards or gates from the Fire Department and Police Department pertaining to the emergency cross access. 4. The tot lot amenity shall be moved to the central portion of the project so as to have direct visibility from the units. 5. The applicant provided at the June 1,2004 City Council meeting a layout of the proposed complexes upon the property, as well as the interior design layout, which were approved at the June 1, 2004 meeting. 6. The L-Q portion of the project shall have access directly off of Pine Street. 7. The applicant shall be required to increase the size of the patios and balconies to meet the 100 foot private space that is necessary to meet Meridian City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 24 ~, I 13. Open Space: M CC 12-13 -16 requires all multi-family developments to provide common open space that equals or exceeds ten percent (10%) of the gross land area. Rock Creek is 7.48 acres in size, which requires 32,583 sq. ft. of open space, exclusive of the Pine Ave street buffer and the Nine Mile Drain channel. The Applicant has provided open space calculations. Commercial Parking: MCC 11-13-5.B. requires at least one parking stall per 200 sq. ft. of retail floor area. Both commercial lots propose 3,040 sq. ft. of floor area. Lots 2 and 3 show a total of 18 stalls, which would not be adequate for retail use (which would require 30 stalls for retail). Residential Parking: The Site Plan shows enough parking to accommodate the required number of multi-family residential parking (2 stalls per unit required). Although the site is large enough to accommodate all ofthe features required by ordinance, the Applicant has asked, through the Planned Development, to modify specific development standards. 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. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "High Density Residential." The purpose of this designation is "to allow for the development of multi-family homes in areas where urban services are provided - developments might include duplexes, apartment buildings, townhouses, and other multi-unit structures." (See Chapter VII, pg. 95.) The requested R-15 zoning generally conforms to this stated purpose and intent FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 24 of the High Density designation. The Comprehensive Plan policies which support the proposed development are as follows: 1.3 Community Design Policies - Open Spaces; 1.4 Land Use Residential Policies for new development; L5U Balance of Land uses; 1.6 Housing Benefits; 1. 7 Sewer; 2.2U Neighborhood Parks; and 2.3U Property Values 15. It is found that the general design, construction, operation, and maintenance should 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 development will have an adverse impact on the surrounding property. 17. Sanitary sewer and water service is proposed for the subdivision and can be provided via extensions to the site from the existing main lines in W. Pine Avenue and along the Nine Mile Creek On February 27,2004, ajoint agency/department comments meeting was held with representatives of key service providers to this property. ACHD staffhas approved this application, with site-specific conditions as well as their standard requirements. 18. The developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. It is found that there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 19. As this site builds out, it will produce additional traffic on nearby arterial FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF24 roadways. According to ACHD traffic counts on Pine Avenue, east of Linder Road, there were 5,482 vehicle trips per day on 12-10-02. Pine Avenue is currently improved with 2-traffic lanes, 2-bike lanes with curb, gutter and sidewalk on both sides ofthe roadway. This segment of Pine Avenue is not included in the District's Five Year Work Program or Capital improvements Plan. 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 staff has reviewed and approved both vehicular approaches to the site from Pine Avenue. Review of the ACHD report for this project will provide additional information. 21. The Applicant is proposing to leave the Nine Mile Drain open abutting the site. It is found that the Nine Mile Drain is a significant natural feature that should be protected through standard storm water and run-off management practices. The applicant has indicated that the property is outside of the flood zone of Nine-Mile Creek, with the exception of Zone "A" which is contained in the creek chatUleL Staff is not aware of any other natural or scenic feature(s) of major importance in the area that may be affected by the proposed development. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. S67-6503). 2. The 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 24 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 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 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 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 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 uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 24 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 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 High Density Residential District (R-15), 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 the provisions of Meridian 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 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 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 S 11-17-6) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 24 7. When the City Council approves a conditional use permit it may impose conditions ofthat 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 NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Planned Development for multi-family residences with reduced building setbacks on 7.48 acres in a proposed R-15 zone for Rock Creek Subdivision located on the south side of Pine Avenue, approximately 1,200 feet east of Linder Road, within Section 12, Township 3 North, Range I FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 24 West, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: 1. All conditions of the previously approved development agreement, Tramore Subdivision (PFP-01-006), and concurrent Preliminary Plat (PP-03-045) shall also be considered conditions of the Conditional Use Permit (CUP-03-069). 2. The four-plex structures shall conform to the following standards: · Minimum 12-foot rear setback for interior lots; minimum IS-foot rear setback for perimeter lots; · Minimum 5-foot side setback (measured to property line); · Minimum 12-foot front setback. (measured from back of sidewalk); · Construction materials used on the structures with modified setbacks/separation must be approved by City of Meridian Building Department and in accordance with the most recent International Building Code. (See modifications approved by City Council at G. below.) 3. As Plmmed Development amenities, construct a playground complete with equipment and benches on the south side of the Nine Mile Drain and a picnic area and BBQ pit with benches north of the Nine Mile Drain. Also construct as-foot pathway on the north side of the Nine Mile Drain, extending the full width of the property. At least 10 days prior to the City Council hearing, the Applicant shall submit 10 copies of a schematic showing how the common/amenity lots will be constructed. Also 10 days prior to the City Council hearing, submit side elevations and floor plans of the fourplexes on Lots 8, 20 and 24 showing windows on the side elevations which face the playground area. Said windows should be located in either a living room or kitchen within the units. 4. Provide each dwelling unit with at least one hundred square feet of use able private open space, such as a patio or deck. Present, at the P &2 Commission public hearing, calculations and/or drawings that explain how the required usable private open space requirement will be met for the multi-family development. 5. Provide parking for each four-plex structure within each individual lot. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 24 6. Unless the Site Plan is modified to expand the number of parking spaces, the commercial buildings on Lots 2 and 3, Block I will be restricted to office type uses only. 7. Provide a minimum 5-foot wide landscape buffer along the southern boundary ofthe development. Said landscape buffer may be included within the existing irrigation easement if a license agreement for landscaping is obtained from the Nampa Meridian Irrigation District (NMID). If the Applicant is unable to obtain a license agreement from NMID, provide a minimum 5-foot wide landscape buffer outside of the NMID easement. 8. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC II-I2-I.C. 9. All internal sidewalks shall be constructed as submitted and in accordance with MCC I2-5-2.K. 10. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 11. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. B. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: 1. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosures per the standard recommendations of SSC for access, gates, floor/pad, container stops!bumpers, and dimensions. Coordinate the design with SSe. Approval of the trash enclosure design will be required prior to submittal of a Conditional Use Permit and issuance ofa Certificate of Zoning Compliance. e. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF24 1. The District requires a Land Use Change Application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's Nine Mile Drain and Rutledge Lateral course tlrrough 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 District must review drainage plans. 4. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of ACHD as follows: 1. The applicant has two options regarding the sidewalk along Pine Avenue: Option # 1: The applicant shall be required to construct a 7-foot attached sidewalk abutting the site. The District shall require an easement from the applicant for that portion of sidewalk outside of the existing right-of-way. This is consistent with previous action regarding developments that have roadway improvements existing. Please contact the Right-of-Way Division at 387-6270 for guidelines. OR FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 24 Option # 2: The applicant shall be required to dedicate additional right-of-way to provide for the construction of the 7-foot attached sidewalk and 2-foot utility strip located within the new right-of-way. The owner/developer will not be compensated for this additional right-of-way because collector roadways are to be brought to adopted standards by the developers of abutting properties. 2. Construct driveway # 1 as a curb return type driveway with IS-foot radii intersecting Pine Avenue 16- feet east of the western property line as proposed. This driveway is in alignment with North 11 th Street West located on the north side of Pine Avenue. This driveway location meets District policy and shall be approved with this development. 3. Pave the driveway to its full width of25-feet as proposed, and at least 30-feet into the site beyond the edge of pavement of the roadway and install IS-foot curb radii abutting the existing roadway edge. 4. Driveway # 2 as a curb return type driveway with IS-foot radii offset 138-feet east of driveway # 1, measured near edge to near edge as proposed. ClIO-feet west of the eastern property line). This driveway is in alignment with the driveway on the north side of Pine Avenue for 1118 West Pine Avenue. This driveway location meets District policy and shall be approved with this development. 5. Pave the driveway to its full width of25-feet as proposed, and at least 30-feet into the site beyond the edge of pavement ofthe roadway and install 15- foot curb radii abutting the existing roadway edge. 6. The applicant shall replace unused curb cuts on Pine Avenue with standard curb, gutter and concrete sidewalk to match required improvements. 7. Other than the access point(s) specifically approved with this application, direct Lot or parcel access to Pine Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 8. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 24 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF24 requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. F. The applicant shall also be required to comply with the corresponding applications, Rezone RZ-04-002, and Preliminary Plat PP-04-005. G. Adopt the action ofthe City Council taken at their June 1,2004 meeting as follows: For clarification: 1. The applicant shall be required to provide a 15 foot rear setback for buildings on the perimeter boundary with allowance for six foot balconies. Additionally, for these units, the front yard setback shall be 12 feet and the stairway to the second floor shall be allowed to encroach by three and one-half feet. 2. The applicant shall provide for an easement for the pathway to allow for the extension of the pathway to the east. 3. The applicant shall provide approved bollards or gates from the Fire Department and Police Department pertaining to the emergency cross access. 4. The tot lot amenity shall be moved to the central portion of the project so as to have direct visibility from the units. 5. The applicant provided at the June 1,2004 City Council meeting a layout of the proposed complexes upon the property, as well as the interior design layout, which were approved at the June 1, 2004 meeting. 6. The L-O portion of the project shall have access directly off of Pine Street. 7. The applicant shall be required to increase the size of the patios and balconies to meet the 100 foot private space that is necessary to meet Meridian City Code. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a 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 PAGE 21 OF 24 in - accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless othelWise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion ofthe project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. lfthe 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.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 24 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by 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. 'r-ff By action of the City Council at its regular meeting held on the /:::/ '- day of <7 WfrJ:- , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED ~<-- VOTED~ VOTED~ - VOTED COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) 6-/5-04- DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 24 MOTION: APPROVED: ;( DISAPPROVED: Attest: """""""'~ ) \\\\ f Mr- 1111 \,\\ ~l 0 ir.::.!Tll), 111/ ,-' ~ -,. '-"-1 /1' ~,-' c} ~PO~~ "'/jr ~ ..... C,o' "'i /'(; .;. f ~ (; ~ - - - - By: ~lli J~ City Clerk's Office Dated: LD-Lj -c4- Z;\ Work\MlMeridian\Meridian I 5360M\Rock Creek Sub RZ-04-002 PP-04-005 CUP-04-006\FfClsCUP04-006.dcc 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 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR ROCK CREEK SUBDIVISION IN AN R-15 ZONE, LOCATED ON THE SOUTH SIDE OF PINE AVENUE, APPROXIMA TEL Y 1,200 FEET EAST OF LINDER ROAD, WITHIN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO TREASURE VALLEY DEVELOPMENT, APPLICANT C/C 06/01/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-04-006 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on June 1, 2004, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development for multi-family residential use with reduced setbacks on 7.48 acres in a proposed R-15 zone for Rock Creek Subdivision located on the south side of Pine Avenue, approximately 1,200 feet east of Linder Road, within Section 12, Township 3 North, Range 1 West, Meridian, ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE 1 OF 10 Idaho, subject to the following conditions of use and development: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: 1. All conditions of the previously approved development agreement, Tramore Subdivision (PFP-OI-006), and concurrent Preliminary Plat (PP-03-045) shall also be considered conditions ofthe Conditional Use Permit (CUP-03-069). 2. The four-plex structures shall conform to the following standards: · Minimum 12-foot rear setback for interior lots; minimum IS-foot rear setback for perimeter lots; · Minimum 5-foot side setback (measured to property line); · Minimum 12-foot front setback. (measured from back of sidewalk); · Construction materials used on the structures with modified setbacks/separation must be approved by City of Meridian Building Department and in accordance with the most recent International Building Code. (See modifications approved by City Council at G. below.) 3. As Planned Development amenities, construct a playground complete with equipment and benches on the south side of the Nine Mile Drain and a picnic area and BBQ pit with benches north of the Nine Mile Drain. Also construct a 5-foot pathway on the north side of the Nine Mile Drain, extending the full width of the property. At least 10 days prior to the City Council hearing, the Applicant shall submit 10 copies of a schematic showing how the common/amenity lots will be constructed. Also 10 days prior to the City Council hearing, submit side elevations and floor plans of the fourplexes on Lots 8, 20 and 24 showing windows on the side elevations which face the playground area. Said windows should be located in either a living room or kitchen within the units. 4. Provide each dwelling unit with at least one hundred square feet of useable private open space, such as a patio or deck. Present, at the P&Z Commission public hearing, calculations and/or drawings that explain how the required usable private open space requirement will be met for the multi-family development. 5. Provide parking for each four-plex structure within each individual lot. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE 2 OF 10 .. ( 6. Unless the Site Plan is modified to expand the number of parking spaces, the commercial buildings on Lots 2 and 3, Block 1 will be restricted to office type uses only. 7. Provide a minimum 5-foot wide landscape buffer along the southern boundary of the development. Said landscape buffer maybe included within the existing irrigation easement if a license agreement for landscaping is obtained from the Nampa Meridian Irrigation District (NMID). If the Applicant is unable to obtain a license agreement from NMID, provide a minimum 5-foot wide landscape buffer outside of the NMID easement. 8. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSe. Prior to Certificate of Zoning Compliance (CZC) submittal, the Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 9. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5- 2.K. 10. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Plarming and Zoning Department (MCC 11-19-1). 11. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. B. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: 1. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosures per the standard recommendations ofSSC for access, gates, floor/pad) container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to submittal of a Conditional Use Permit and issuance of a Certificate of Zoning Compliance. e. Adopt the recommendations ofthe Nampa & Meridian Irrigation District as follows: ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE 3 OF 10 1. The District requires a Land Use Change Application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's Nine Mile Drain and Rutledge Lateral course through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 4. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Central District 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-offis not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of ACHD as follows: 1. The applicant has two options regarding the sidewalk along Pine Avenue: Option # 1: The applicant shall be required to construct a 7-foot attached sidewalk abutting the site. The District shall require an easement from the applicant for that portion of sidewalk outside of the existing right-of-way. This is consistent with previous action regarding developments that have roadway improvements existing. Please contact the Right-of-Way Division at 387-6270 for guidelines. OR ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE 4 OF 10 Option # 2: The applicant shall be required to dedicate additional right-of-way to provide for the construction of the 7-foot attached sidewalk and 2-foot utility strip located within the new right-of-way. The owner/developer will not be compensated for this additional right-of-way because collector roadways are to be brought to adopted standards by the developers of abutting properties. 2. Construct driveway # 1 as a curb return type driveway with 15- foot radii intersecting Pine Avenue 16-feet east of the western property line as proposed. This driveway is in aligmnent with North 11th Street West located on the north side of Pine Avenue. This driveway location meets District policy and shall be approved with this development. Pave the driveway to its full width of 25-feet as proposed, and at least 30-feet into the site beyond the edge of pavement ofthe roadway and install 15-foot curb radii abutting the existing roadway edge. 3. Driveway # 2 as a curb return type driveway with 15-foot radii offset 138-feet east of driveway # 1, measured near edge to near edge as proposed. (110-feetwest of the eastern property line). This driveway is in alignment with the driveway on the north side of Pine Avenue for 1118 West Pine Avenue. This driveway location meets District policy and shall be approved with this development. Pave the driveway to its full width of 25-feet as proposed, and at least 30-feet into the site beyond the edge of pavement of the roadway and install IS-foot curb radii abutting the existing roadway edge. 4. The applicant shall replace unused curb cuts on Pine Avenue with standard curb, gutter and concrete sidewalk to match required improvements. 5. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 6. 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. ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE50FIO 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions 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 ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE 6 OF 10 other legal relief is granted pursuant to the law in effect at the time the change in use is sought. F. The applicant shall also be required to comply with the corresponding applications, Rezone RZ-04-002, and Preliminary Plat PP-04-005. G. Adopt the action ofthe City Council taken at their June 1,2004 meeting as follows: For clarification: 1. The applicant shall be required to provide a 15 foot rear setback for buildings on the perimeter boundary with allowance for six foot balconies. Additionally, for these units, the front yard setback shall be 12 feet and the stairway to the second floor shall be allowed to encroach by three and one-half feet. 2. The applicant shall provide for an easement for the pathway to allow for the extension of the pathway to the east. 3. The applicant shall provide approved bollards or gates from the Fire Department and Police Department pertaining to the emergency cross access. 4. The tot lot amenity shall be moved to the central portion ofthe project so as to have direct visibility from the units. 5. The applicant provided at the June 1,2004 City Council meeting a layout of the proposed complexes upon the property, as well as the interior design layout, which were approved at the June 1, 2004 meeting. 6. The L-Q portion of the project shall have access directly off of Pine Street. 7. The applicant shall be required to increase the size of the patios and balconies to meet the 100 foot private space that is necessary to meet Meridian City Code. 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. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE 7 OF 10 NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the counciL During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the counciL If the successive phases are not submitted within one year intervals, the conditional approval ofthe future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE 8 OF 10 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. f 5~.A- By action of the City Council at its regular meeting held on the day of JUatL > 2004. Attest: rd, Mayor City of Meridian William G. Berg, Jr., City Cle 7- c. ~ -'. -c. Q(.; '" 0'::- Copy served upon Applicant, the Plarinfiig ~]; \. . ~DklRment, Public Works Department ....' C ~ and City Attorney. '>//'1 OUNT'<. \\\\\\ //11 Ii 0 11 11\\\\\\\ ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE 9 OF 10 BY: yuCt i;tj/LO 9Jn City Clerk's Office Z:\Work\M\Meridian\Meridian [5360MlSaguaro Canyon Estates Sub AZ-03-027 PP-03-032 CUP-03-058\OrderCUP.doc Dated: Lo.;;) \ -04 ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE 10 OF 10 June-ll, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 1 5, 2004 ITEM NO. REQUEST Drilling Test Well #26 - Change Order #1 (Final) with Adamson Drilling AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~tL Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED JUN 1 0 2004 To: Brad Watson From: Lenard Grady r/IJ.1. CC: Gary Smith Date: 6/10/2004 City Of Meridian City Clerk Office Re: Proposed Agenda a Items for June 15,2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the June 15 City Council consent agenda: Drillina Test Well #26 - Chanae Order #1 (Final) with Adamson Drillina Attached is a change order with Adamson Drilling for drilling 205 deeper than originally planned and drilling of a second test hold at the Well 26 location. The second hole is a result of caving of a large clay layer, which occurred in the first hole. Caving occurred after a test pipe was placed in the bottom aquifer. Consequently, the drill depth for the second well was shallower. Our consulting Hydrogeologist has confirmed that the caving was due to natural conditions and could not have been prevented by the driller. The change order amount is for $19,218.00. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order #1 for $19,218 with Adamson Drilling and authorize the Mayor to sign it. Drillina Production Well 20B This production well is located just north of the production well 20 and will eventually required the building to be extended. Two bids were received for drilling this well as summarized below: . Geo- Tech Explorations $154,170.00 $289,245.00 From the desk of... . Treasure Valley Drilling Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-955] gradyl@meridiancity.org The large discrepancy in bid prices is probably because Geo-Tech is an Oregon based company and Treasure Valley Drilling is local. The bid tabulation is attached for reference. Recommended Council Action: The Public Works Department recommends that City Council approve the Well 208 Production Well contract with Treasure Valley Drilling for $154,170.00 and authorize the Mayor to sign it. Victory Road Waterline Missing Section A small gap in the Victory Road water main is all that remains. Two bids to complete remaining section were received as summarized below: . Star Construction $24,950.08 $29,166.00 . Sommer Construction Recommended Council Action: The Public Works Department recommends that City Council approves the Victory Road Waterline Missing Section contract with Star Construction for $24,950.08 and authorize the Mayor to sign it. . Page 2 CHANGE ORDER NO.1 No.1 DATE OF ISSUANCE June 21 EFFECTIVE DATE June 21 OWNER City of Meridian CONTRACTOR Adamson Drillinq Contract: Well 26 Test Well ENGINEER Citv of Meridian You are directed to make the following changes in the Contract Documents: Description: Drill test well an additional 205 feet and drill a second hole due to hole caving. See attached email. Reason for Change Order: Additional cost for work described above. Attachments: (List documents supporting change): Email for Hydro Logic CHANGE IN CONTRACT PRICE: Original Contract Price $ 48,915.00 Net Increase (Decrease) from previous Change Orders No. - to - $ None Contract Price prior to this Change Order: $ 48.915.00 Net increase (decrease) of this Change Order: $ 19,218.00 Contract Price with all approved Change Orders: $ 68.133.00 RECOMMENDED: By: ENGINEER (Authorized Signature) Date: EJCDC 1910-8-8 (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. APPROVED: CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. _ to No. - Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion; Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) By: Mayor De Weerd Date: Attest: William Berg Jr., City Clerk Page 1 ofl Len Grady From: Ed Squires [ed@hydroJogicinc.net] Sent: Monday, June 07,20041 :23 PM To: Len Grady, Cc: Gary D. Smith, P.E. ; Brad Watson, P.E. Subject: Meridian Test-Wells #26-A and #26-B Budget Explanation 6-7-04 Len et al: I had developed an Excel spreadsheet that attempts (not very well) to itemize the cost over-runs on the Meridian Test-Well #26. My spreadsheet is not at all clear and would need more work in order for it to be intelligible. It is complicated by trying to show over-runs that are due to two separate sets of circumstances. These are: 1) That the well was drilled deeQer than originally planned (by 205 feet). a. The deeper well increased drilling, grout, pipe, and screen footages. b. The deeper well required a fourth piezometer zone. 2) That a second well had to be drilled. a. This increased costs by the drilling footages needed for the second well and the duplication of grout footage for two holes. b. In addition, there were increased well development costs for the deeper well owing to problems related to the caving. The bottom line is that the Driller's invoice ($ 68K) is ~$20K over the Bid amount ($48K). Of the $20K over-run, approximately $4K is due to the well being drilled deeper and requiring more materials. Of the $20K over-run, $16K is due to the problem with the first well and having to re-drill. In addition, and in an attempt to curtail spiraling costs, we had the driller move offthe well and leave the pumping and water quality sampling to us. We had to be there anyway and I could not substantiate the $125 and $175/hr charges on top of the existing overages. Therefore, our geotechnical bill will also reflect somewhat higher prices related to the second hole in 1) working through the problem in the field with the driller, 2) working through the additional costs to finish the project, 3) presenting it to the City, and 4) in coordinating the final well development ourselves, that I have not broken down yet, the reason being that we have yet to develop and sample the lowermost zone. I will gather my charges and put these costs together for you this week. Attached, you will fmd the final driller's invoice for $68,133 which I have worked through with him and approved for payment (see also attached hand-worked work sheet). Ed Squires 6/10/2004 ........ ........ 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(fJ~S - N if1 (/) c STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the day of in the year 2004 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Custom Electric (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes 515 feet of waterline as designed by Civil Survey. The Project for which the Work under the Agreement is described as follows: Victory Road Waterline Missing Section. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within ninty(30) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: Total Contract Price is $24,950.08. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until fmal completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 3/31/2004 Page Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, perfonnance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Depattment written notice of all conflicts, en-ors or discrepancies that he has discovered and the written resolution thereofby ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement- N/A. 8.3 Information For Bidders - N/A. 8.4 Drawings - Civil Survey Design Drawings. 8.5 CONTRACTOR's Quote -7 June, 2004. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9 .1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 3/31/2004 Page 2 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions ofthe Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on ,2004. Owner CITY OF MERIDIAN Contractor Star Construction By: Name: Mayor De Weerd By Attest: Name: William Berg, Jr. City Clerk 3/31/2004 Page 3 June-11,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 15,2004 ITEM NO. .s- - .r REQUEST Discussion of Successor Agreement AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: o1f~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. _ _ _ _ . .. ....._....__ . r I' .._...... I ~ .........,-.J , ~~Q ~~~ ~~~~ IW ~~~~4~1~ ( P.01/07 WELLS FARGO BANK, N.A. CORPORATE TRUST SERVICES .- FACSIMILE TRANSMITT AL SHEET ~ 1'0, Will Berg FROM, Twyh D. Gauthlct l'AX NUMBi::Jt, DATE, ~8g.4218 l'J!ONI~ NUMBeR: SP.NDU'S PUONE NUt>.- 05/U/04 lOT^'. NO. OF p~s INCLUOlNC covnR, to (1 ~~ ,1,/1 ~' fJ( o I'WAS" COM""""" 0 PLEAS" Il. ~,l~ / \ ljr- (208)393-5491 COMPANY: Oty of Meridian Successor Agreement cc: o URGr::NT 0 FOR RF.VJEW NO'!'W;/COMM8N'fS: Will, please share these comments with your attorney. I've attached the governing document's section that discusses the resigna.tion or merger of the Trustee. Our Wells Fargo a.ttorney has deteonined that the charrer collapse has a hard time fulling into the Merger or Consolidation section or the Resigna.tion section of the goveming documents. The Merger or Consolidation section requites thar "all OX substantially all of its cO.lporate trust business" would be sold or tmnsfetted. Howcvex, we have a. Wgc portion of OUI coxporate trust business in Utah that has to rem:un Wells Fargo Bank Northwest due to regulatory requirements in me Lease business. We also do not consider this the type of :resignation discussed in most gove.ming documents. Therefore, our attorney prepared the Successor Agrcc.1uent to make certain in any circumstance we are still responsible for the Trustee duties and interesrs as we went from Wells Fargo funk Northwest, NA to Wdls Fargo Bank) N.A. Please contact me with any questions. .--T wyh. 9')<}W. MAIN STREET, 3~1l ['1. (P.O. BOX R62<>) . l,'.OISE, IDAHO IL'1IJ2 (6~7a7) PHONE: (2ll1l) .393-5491 . fAX! (ZOR) ~93.54\)4 - " ,4 ',.or ....... _-r ",-,.............,...L, ~...... IAII-L..L...-' , f"l.....t...:lW Ir'\U';:)J <::l::Il;;l ~';;j~ ::>q~q r U~';:;l1:i1:il::l4218 ( P.02/07 10" \. EXECUTION COpy INDENTURE OF TRUST between ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF MERIDIAN, IDAHO an Idaho public corporation and FIRST SECURITY BANK, N.A. as Trustee . (0 . {'f\\ GJ1 Q.V 0\~( O.J t ~ "~ -:.~ "7. ~ .., i~ . ~ '" Ii. % ~ ~. ~ -- llt __ _~__ ~_II.........,,-",-......-.tII"II"",-",U .r....~-" GOO ,,)"j,,) ;:::>410"1 IU,:!I;jI;jt:j421l:::l / ( P.03/07 " SECTION 8.02. Pavin~ AgentlReristrar. The Public Corporation shall, with the approval of the Borrowers, appoint a Paying AgentJReQistrar (which may be the Trustee) for the Bonds meeting the qualifications set forth in Section 8.03 hereof. The Paying AgentlRegistrar shall designate to the Public Corporation, the Trustee and the Bank its Principal Corporate Trust Office and signify in \vriting its acceptance ofilie duties and obligations imposed upon it hereunder, particularly: (a) to hold all sums held by it for the payment of the princi.'Qal of or interest on Bonds in trust for the benefit of the Owners until such sums shall be paid to such Owners or otherwise disposed of as herein provided; (b) to keep such books and records as shall be consistent 'With prudent industry practice, to make such books and records available for inspection by the Public Corporation, the Trustee, the Borrowers and the Bank at all reasonable times; (c) upon the request of the Trustee or as required by this Indenture, to forthwith deliver to the Trustee all sums so held in trust by the Paying Agent/Registrar; . Cd) upon the request of the Trustee, but in any event not less than semiannually from the date of first authentication and delivery of the Bonds, to promptly furnish the Trustee with the names and addresses of the Owners and with such other information as may be necessary to enable the Trustee to give any notices required hereunder in a timely fashion; and (e) to comply with any written instructions given by the Trustee to the Paying AgentJRegistrar pursuant to this Indenture within a reasonable time of the receipt ofsudhinstrucnons. SECTION 8.03. ualifications of Pa'n crentJRe. strar Resirnation. Removal. The Paying AgentJRegistrar initially s e the Trustee, a national banking association organized and existing under the laws of the United States of America and having its principal place of business in Boise, Idaho, and any successor Paying Agent/Registrar shall be a corporation duly organized under the laws of the United States of America or any state or territory tliereof, which has a combined capital stock, surplus and undivided profits of at least $50,000,000 or is a member of a bank holding company which on a consolidated basis has at all times total capital, as defined by regulations of the Federal Reserve Board for bank holding companies, of not less than $50,000,000, is authorized by law to perfonn all the duties imposed upon it by this Indenture and whose deposit obligations are rated at least Baa3/P-3 by the Rating Agency or are otherwise acceptable to the Rating Agency in writing. The Paying AgentJRegistrar may at any time resign and be discharged of the duties and obligations created by this Indenture by giving at least 30 days' notice to the Public Corporation, the Borrowers, the Bank and the Trustee. The Paying ~ent/Regist:rar may be removed at any time at the direction of the Borrowers by an lnstn:unent, signed by the Public Corporation, filed Vvith the Bank and the Trustee. P . In the event of the resignation or removal of the Paying Agent/Registrar, the aJ:'lng Agent/Regisirar shall pay overt assign and deliver any money or Bonds held by It in such capacity to its successor or, if there be no successor. to the Trustee. INDENTURE OF TRUST - PAGE -45~ ~o:.:/hill1icl:O 4k __ ..... __ ._.... ......__~..... ~ .u..."""'-' I'....U'-'J <:'1:.10 ..;1:1,,) ='''HQGf I W':;1tll::fl::f4<:::11::l [ P.04/07 . In the event that the Public Corporation shall fail to appoint a Paying AgentlRegistrar hereunder, or.in the even~ that the Paying Ag~tlRegistrar s~all resign or be removed, or be dissolved} or If the property or affaIrs of the PaYIng Agent/Registrar shall be taken \Ulder the control of any state or federal court or ad.roinistrative body because of bankruptcy or insolvency} or for any other reason, and the Public Corporation shall not have appointed its successor as Paying AgentIRegistrar} the Trustee shall ipso facto be deemed to be the Paying AgentJRegistrar for all purposes of this Indenture \Ultil the appointment by the Public Corporation of the successor Paying AgentJRegistrar. In the event the Public Corporation shall fail to make such an appointment, the Trusteet in its sole discretion, may appoint a temporary Paying AgentIRegistrar, wbich meets the requirements stated above in the first paragraph of this Section 8.03 and which shall assume.all duties of the Paying AgentIRegistrar until replaced by an appointee of the Public Corporation. lithe Bonds are then rated by the Rating Agency, written notice shall be given to the Rating Agency prior to any change of Paying Agent. SECTION 8.04. Merger or Consolidation. Any company into which the Trustee or the Paying AgentJRegistrar may be merged or converted or with which either of them may be consolidated or any company resulting from any merger, conversion or consolidation to which either of them shall be a party or any company to which the Trustee or the Paying AgentlRegistrar may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible under subsection (e) of Section 8.01 and Section 8.03, shall be the successor to such Trustee or Paying A.gentlRegistrar, as the case may be, without the executing or filing of any paper or any further act. anything herein to the contrary notwithstanding provided, that if the Bonds are then rated by the Rating Agency, the Rating Agency slia11 receive prior written notice of such action. SECTION 8.05. Liabilitv of Trustee and Payin~ kent/Registrar. (a) The recitals of facts herein and in the Bonds contained shall be taken as statements of the Public Corporation and neither the Trustee nor the Paying AgentJRegistrar shall assume responsibility for the correctness of the same, or make any representations as to the validity or sufficiency oftros Indenture or of the Bonds or shall incur any responsibility in respect thereof, other than 'in connection with the respective duties .or obligations herein or in the Bonds assigned to or imposed upon them.. The Paying AgentJRegistrar shall, however, be responsible for its representations contained in its certificate of authentication on the Bonds. The Trustee and the Paying AgentJRegistrar shall not be liable in connection 'With the performance of their respective duties or exercise of discretion hereunder, except for their own negligence or willful misconduct. Either the Trustee or the Paying ~entIRegistrar may become the Owner of Bonds as principal with the same rights It would nave ifit were not Trustee or Paying AgentlRegistrar, respectively, and, to the extent permitted by law, may act as depository for and permit any of its officers Or directors to act as members of: or in any other capacity with respect to, any coro.m.ittee formed to protect the rights of Bond Owners, whether or not such cor.o.mittee shall represent the Owners of a majority in principal amount of the Bonds then Outstanding. (b) Neither the Trustee nor the Paying AgentIRegistrar shall be liable for any et'ror of judgment made in good faith by a responsible officer, unless it shall be proved ,,,' INDENTURE OF TRUST ~ PAGE -46- ~, l:~S'/hill\i<:ro t .z:.;. .a. ?;' ~ i ~ ,~. ,. :: " #- " ~ .ia t., ,~ ".\ ~ ~ .. -;; ~ ::. _. __ ~_..... ............L.-L-"-' ~ ..u-...<.oIU 11....'-'..;:1 r ~~o ~~~ ~~~~ IU~~~~4~1~ I i \ P.05/07 INDENTURE OF TRUST becween the ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF MERIDIAN. IDAHO and FIRST SECURITY BANK OF IDAHO. N.A. $3.500.000 Dated as of April 1. 1989 '1~\ f\ fJ ~~{J . ~ V'>( \:/ ~(~) __ _. _.... ,_ I I' """","-Il...o~_ 1111...."-"11..1' rr...\..r....J1 ~~o ~~~ ~4~4 JU ~~~~4~1~ ( P.06/07 SECTION 8.03. 9ualifications of pavinq Aqent/Reqisttat~ Resiqn~cion;' Removal. The Paying Agent/Registrar initially shall be First security Bank of Idaho, N.A., a national banking associacion organized and eXisting under the laws of the United States of America and having its principal place of business in Boise. Idaho, and any successor Paying Agent/Registrar shall be a corporation duly organized under the laws of the United Sta ces of America or any state or ter:ci tory thereof. which has a combined ca pi ta 1 stock, surplus and und i vid ed pr of its of at least $50.000.000. is authorized by law to perform all the duties imposed upon it by this Ind~nture and main~ains a rating by a recognized rating agency of at least' investment grade in short-term and long-term rating cat.egories. The Paying Agent/Registrar may at any time resign and be discharged of the duries and obligations createo by this Indenture by giving at least 30 days I notice to the Public Corporation, the Company. the Bank, t.he Remarketing Agent and the Trustee. The paying Agent/Registrar may be removed at any time at the direction of the Company by an instrument. signed by the Public Corporation. filed with the Bank. the Remarketing Agent and the Trustee. In the event. of the resignation or removal of the Paying Agent/Registrar. the Paying Agent/Registrar shall pay over. assign and deliver any money or Bonds held by it in such capaci ty to i t.5 successor or. if there be no successor. to the Trustee. I n the event tha l: the PUblic Corpora t i on shall f ail to appoint a Paying Agent/Registrar hereunder. or in the event tha t the Paying 1\gen t/Registr ar sha 11 resign or be removed, or be dissolved, or if the property or affairs of the Paying Agent/Registrar shall be taken under the control of any state or feder: al COU! t or adrnini st.ra t.i ve body because of bankruptcy or insolvency. or for any other z:eason." and the Public Cor pcra t i on sha 11 no t have appointed i t.5 successor as paying Agent/Registrar. the Trustee shall ipso facto be deemed to be the Paying Agent/Regis tr:a r f or a 11 purposes of this lnden tur: e until the appointment by the Public Corporation of the successor Paying Agent/Registrar. In the event the PUblic corpora tion sha 11 fa i 1 to make such an appo int.men t. the Trustee. in its sole disc~etion, may appoint a temporary Paying Agent./Registrar, which shall assume all duties of the Paying Agent./Registrar until replaced by an appointee of the Public corporat.ion. SECTION B. 04 . Merger or Cons 0 1 ida t.ion. Any company into which the Trustee or r.he Paying Agent/Registrar may be mergea or conyer ted or wi t.h Which either of them may be conso 1 ida ted or any company reSUlting from any merger. conversion or -65- , I, :it , "r"'" 'S--, " ~'-, ' t/ . i. ii ~f' ~it :..~ i- t __. __ ,_..... _....'--........... ) '-1I'l.,...I\...1 II'U...J-l ~~o ~~~ ~~~q JU ~~~~qdl~ ( \, P.07/07 consolida'Cion CO which ei 'Cher of 1:hem shall be a party or any company to which the Trustee or the Paying Agent/Registrar may sell or transfer 'all or substantially all of i1:$ corporate 't.rus t bus ines s. :provided such company" shall be eligible unCI er subsection (e) of Section 8.01. shall be the successor to such Trustee or Paying Agent:/Regis1:rar, as the case may be. without t:he executing or filing of any paper or any furt:her aCL. anything herein to the contrary notwithstanding. :/ SECTION 8.05. A~ent/Reqistrar. Liabili'Cy and payinq of Trustee (a) The recitals of facts herein ana in the Bonds contained shall be caken as st:atements of the PUblic Corporacion and neicher the Trustee nor the Paying Agent/Regiscrar shall assume responsibilicy for the correctness of the same. or make any represen~ations as to ~he validity or suff ic iency of this lnden t Ut e or of the Bond 5 0 r sha 11 i neur any responsibility in respect thereof. other than in connection with the respective duties or obligations herein or in the Bonds assigned to or imposed upon them. The Paying Agent/Regiscrar shall. however. be responsible for its representations contained in its certificate of authentication on the Bonds. The Trustee and the Paying Agent/Registrar shall not be liable in connection with the performance of their respective duties or exercise of discretion hereunder, except for their own negligence or willful misconduct. Either the Trustee or the Paying Agent/Registrar may become the Owner of Bonds as principal with the same rights it would have if it. we x: e net. Trus tee or Paying Agent/Regis trar r respect i vely, and, to the extent permitted by law. may act as deposico~y for and permi t any of its officers or dire.ctors to act as members of. or in any other capacity with respect to, any committee formed to protect the rights of Bond Owners. whether" or not such committee shall represenc the Owners of a majorit:y in principal amount of the Bonds then Outstanding. / /' (b) Neither the Trustee nor the Paying Agent/Registrar shall be liable for any error of judgment made in good faith by a responsible officer. unless it shall be proved that the Trustee or the Paying Agenc/Reqistrar. as the case may be. was negligent in ascertaining the pertinent facts. (c) The Trustee shall not be liable with respect to any action taken or omitted to be taken by it in good faith in accordance wi 1.:h the direct ion of the Owners of not less than 25% in aggregace l>rincipal amount of the Bonds a-c the t.ime Outs tanding rela L: ing to the time. me thod and p lace of conducting any proceeding for any remedy available to the Trustee or exer:cising any trust or power conferred upon the Trustee under this Indenture. -66- EDCMERlDIAN.doc Page 1 ot 1 Will Berg From: Twyla.D.Gauthier@wellsfargo.com Sent: Friday, June 11, 2004 11 :51 AM To: Bergw@meridiancity.org Subject: EDCMERIDIAN.doc <<EDCMERIDIAN.doc>> Will, I will sign the signature page when you mail this back to me (2 copies signed by EDC of M). I will then forward you a completely signed copy for your records. Please print 2 copies of the signature page (page 4) and mail both back to me, so that we both will have original signatures. Thanks for your assistance. Twyla Twyla D. Gauthier, CCTS Assistant Vice President Corporate Trust Services Wells Fargo Bank, N.A. 999 W. Main Street, 3rd Floor U1859-031 Boise, tD 83702 Phone: (208)393-5491 Fax: (208)393-5404 email: twyla.d.gauthier@wellsfargo.com 6/11/2004 SUCCESSOR AGREEMENT INSTRUMENT OF APPOINTMENT OF SUCCESSOR (the "Successor Agreement"), dated as of February 20, 2004, by and among Economic Development Corporation of Meridian, Idaho (the "Issuer"), Wells Fargo Bank Northwest, N.A. (the "Incumbent"), a national banking association with full fiduciary powers, duly organized and existing under the laws of the United States of America, and Wells Fargo Bank, N.A. (the "Successor"), a national banking association with full fiduciary powers, duly organized and existing under the laws ofthe United States of America. WHEREAS, the Incumbent has been duly appointed and is validly serving as trustee, registrar, paying agent, and/or other fiduciary or agency function (the "Existing Functions"), pursuant to a trust indenture, appointment resolution, and/or other validly executed appointment documents (the "Appointment Documents") executed by the Issuer and the Incumbent, relating to each of the corporate trust accounts listed on the attached Exhibit A (the "Existing Accounts"). WHEREAS, each of the Incumbent and the Successor is a national banking association duly organized, validly existing and in good standing under the laws of the United States of America, and has all requisite power, authority and legal right, and is duly eligible and qualified to exercise full fiduciary powers under all applicable laws, including full authority to act in aU fiduciary capacities under 12 U.S.C. 92a, including but not limited to performing the Existing Functions with regard to its obligations described in the Appointment Documents relating to the Existing Accounts. Capitalized terms used herein and not defined herein shall have the respective meanings given to them in the Appointment Documents. WHEREAS, the Incumbent and the Successor are national banks, each a wholly owned affiliate bank of Wells Fargo & Company eWFC"), and have engaged in a purchase and assumption transaction, effective as of February 20, 2004, (the "P&A Transaction") under which Wells Fargo Bank, N.A. acquired most of the assets and assumed most of the liabilities of Wells Fargo Bank Northwest, N.A., including without limitation, the rights and. obligations of the Incumbent to perform the Existing Functions pursuant to the Appointment Documents. WHEREAS, each of the Incumbent and the Successor has taken all necessary corporate action to authorize the acceptance of the Existing Functions under the Appointment Documents relating to the Existing Accounts, and to authorize the execution, delivery of and the performance of its obligations under this Successor Agreement. WHEREAS, the Appointment Documents provide that the Incumbent may be succeeded by a Successor with the written consent of the Issuer. The Incumbent represents that it has given the Issuer written notice of the P&A Transaction,. and of its intent to be succeeded by the Successor pursuant to the Appointment Documents.; WHEREAS, the Appointment Documents provide that the Successor shall execute, acknowledge and deliver to the Issuer and to the Incumbent an instrument such as this Successor Agreement, hereby accepting such appointment, thereupon the replacement of the Incumbent by the Successor shall become effective, and the Successor shall, without any further act, deed or conveyance, become vested with all rights, powers, duties and obligations of the Incumbent under the Appointment Documents; WHEREAS, Successor is a national banking association with full trust powers, organized under the laws of the United States of America, dilly qualified under the Appointment Documents and applicable law, eligible and willing to accept such appointment as Successor to perform the Existing Functions thereunder; WHEREAS, the Successor, upon the execution and delivery of this Successor Agreement, shall cause any notice required pursuant to the Appointment Documents to be mailed to the issuers, bondholders, depositories and any other interested persons as therein required; NOW THEREFORE, TillS SUCCESSOR AGREEMENT, WITNESSETH, that for and in consideration of the premises and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby covenanted, declared and decreed by the Incumbent and the Successor as follows: 1. The resignation of Wells Fargo Bank Northwest, N.A., as trustee and/or agent, and as provider of the Existing Functions under the Appointment Documents, and its discharge from the trust created by the Appointment Documents shall be effective as of the date hereof upon the execution and delivery of this Successor Agreement by all the parties hereto. 2. The Issuer, in the exercise of the authority vested in it by the Appointment Documents hereby appoints the Successor, with all rights, powers, trusts, duties and obligations regarding the Existing Functions under the Appointment Documents, such appointment to be effective as of February 20, 2004, upon the execution and delivery of this Successor Agreement by all the parties hereto. 3. Successor hereby represents and warrants that it is duly qualified and eligible under the provisions of the Appointment Documents and applicable law to be appointed Successor, and hereby accepts such appointment to perform the Existing Functions, effective as of the date hereof upon the execution and delivery of this Successor Agreement by all parties hereto, and hereby assumes the rights, powers, trusts, duties and obligations of the Incumbent, under the Appointment Documents, subject to all terms and provisions therein contained. -2- 4. Wells Fargo Bank Northwest, N.A. hereby (i) grants, releases, conveys, confirms, transfers and assigns to Wells Fargo Bank, N.A., as Successor, and its successors and assigns, all rights, title and interest of Wells Fargo Bank Northwest, N.A. in and to the trust estate and all rights, powers and trusts under the Appointment Documents; (ii) transfers, assigns and delivers to Successor, pursuant to the Appointment Documents, any and all assets, money, property, records, and documents held by Wells Fargo Bank. Northwest, N.A., pursuant to its obligations to perform the Existing Functions thereunder; and (ill) agrees to execute and deliver all further documents reasonably requested to evidence the foregoing acts. 5. The Issuer, for the purpose of more fully and certainly vesting in and confirming to Successor said estate, properties, rights, powers and, at the request of the Incumbent and the Successor, joins in the execution hereof The Issuer hereby (i) confirms that it shall remain obligated under the Appointment Documents to compensate, reimburse and indemnifY the Incumbent and the Successor, as the case may be, in connection with the Existing Functions under the Appointment Documents, and (ii) agrees to execute and deliver all further documents reasonably requested to evidence the foregoing acts. 6. This Successor Agreement may be executed in any number of counterparts, each of which shall be an original but such counterparts shall together constitute but one and the same instrument. [ Signature page is attached. ] -3- IN WITNESS WHEREOF, the parties hereto have caused this Successor Agreement to be duly executed and delivered by their authorized officers, as of the day and year first above written. Economic Development Corporation of Meridian, Idaho, as Issuer B~ Title It-< Wells Fargo Bank Northwest, N.A, as trustee andlor agent under the Appointment Documents By Title: Assistant Vice President Wells Fargo Bank, N.A as successor trustee and/or agent under the Appointment Documents By Title: Assistant Vice President -4- EXHIBIT A 004564 Economic Development Corporation of the City of Meridian, Idaho Variable Rate Demand Revenue Bonds (Computrol, Inc. Project) Series 1989 Economic Development Corporation of the City of Meridian, Idaho Industrial Development Revenue and Refunding Bonds (Hi-Micro Project), Series 1996 32867 -5- June- 11,2004 MERIDIAN CITY COUNCIL MEETING June 15, 2004 APPLICANT Mayor's Office REQUEST idaho Community Foundation Grant (MDC) Department Reports ITEM NO. (0 -{g-I 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 properly of the City of Meridian. . . I~~~~ AWARDING NEARLY 100 GRANTS The PGA has now donated more than $3.3 million to help grow the game since 2001 tl::e finh cycle PGA Growth of the Game grants totaling $963,365, has been awarded to 97 recipients from The PGA of America's Growth of the Game Gram program. The program continues to highlight The PGA of America's commitment to partner with its PGA Professionals to grow pnnicipation in golf. These funds comblned with grants awarded from 200 1 through 2003, bring the total donation frOlT1 The PGA Growth of the Game Program to more than $3.31 million for a combined 288 grants. Of the current 97 grants, 45 are renewal grants. Through the financial assistance of these grants, PGA Professionals can develop and administer important programs that open doors of opportunity for participants to enter the game, and ultimately, remain n part of a growing golf population. Now entering a fifth cycle, the PGA Growth of the Game gmnts touch virtually all sectors of society, from the disabled, imler-city, Hispanic, Special Olympians, to survivors of debilitating diseases, college students, women and children of all ages. "The PGA's Growth of the Game grants have an impact upon many lives and serve as inspiration for PGA Professionals in achieving a connection with many within their respective communities," says PGA of America President M.G. Grender. "These grants enable PCA Professionals to maintain golf programs and add much to the enjoyment of a game that otherwise may not have been possible for so many." The PCA Growth of the Game Program is one of a number of initiatives administered by The PGA of America through its PGA Foundation. The PGA Foundation was established in 1954 as the Association's charitable arm to provide resources and professional expertise to make golf more accessible 'to all segments of the population. Today, the rGA Foundation helps promote interest and participation in the game through research, education, community gal f initiatives and growth of the game grants. For more on The PC A Growth of IheGame grant program, visit www.pgafoundation.com. or contact The PGA Foundation at (56! ) 624-7612. A paniallisting of grant recipients follows. Additional recipients will appear in upcoming Issues of PGA Magazine. 74 I ,)PNE 2004 www.pgamaga:zine.com PGA Growth of the Game Grant Recipients Burn Institute Camp Beyond the Scars Golf Program Location: San Diego, Cali!. PGA Section: Southern California PGA Professional: Tom Addis Grant Amount: $11,750 Camp Beyond the Scars helps burn-injured children deal with the devastating emotional and physical effects of their injuries, builds self-esteem, gain coping skills Children's Golf Foundation Location: West Palm Beach, Fla. PGA Section: South Florida PGA Professional: Scott Dietrich Grant Amount: $9,750 The Children's Golf Foundation has been teaching golf to mentally and/or physically challenged children since 1988. They are now aiming to certify students by teaChing them the functionality to play on a conventional course. John Shippen Memorial Golf Foundation, Inc. Location: Scotch Plains, N.J. PGA Section: New Jersey PGA Professional: Daniel Hollis Grant Amount: $6,250 The mission statement is to commemorate the histOrical significance of the Shady Rest Golf and Country Club and African-American John Shippen, the tirst Afncan-Amerlcan to participate in a U.S, Open in 1896 as well as to develop and increase youth interest in golf. Ladies Golf School location: Lexington, Ky. PGA Section: Kentucky PGA Professional: Carmello BenassI Grant Amount: $1,250 The Kentucky PGA Section gave thIS program S 1 .000 to get it started last year, and 50 women were expected to participate. More than 70 showed up. The goal of the 2004 Ladies Golf School is 10 reach 125-150 women When golf school is over, there is a Ladies League that the women can loin. Mainway Professional Golf Services, Inc. Location: Wahpeton, N.D. PGA Section: Minnesota PGA ProfeSSional: Jeff Bass Grant Amount: $7,700 This is a first-year, traveling instruction program that Will serve Central and Eastern North Dakota as well as Northeast South Dakota. Bass has met WIth representatives of the Circle of Nations school in Wahpeton, N.D., and the Tiospa Cina Tribal School III Sisseton, S.D., to establish a schedule to incorporate gall instruction into their physical education programs ...J , ,.,. '_ ",'.,,:!-i-~~.o;~~..;.r.:"'i1 c '~~.";lo.O-~ June 11.2004 MERIDIAN CITY COUNCIL MEETING Department Reports June 15,2004 ITEM NO. -Ul'" A ~ I APPLICANT City Council Member - Shoun Wardle REQUEST Update on Golf Course AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNT AfN GAS: MERIDIAN POST OFFICE: OTHER: 0,"~(~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. June- 11,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 15,2004 ITEM NO. -q REQUEST Discussion of Sale of Property at Public Auction Resolution AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~') 60() ~ cJ ) (-;/D V o ,~ 1/ rv / 0 Y vrP" I fc- cfv< b//! Jt ,j,uJP ~ -. y fU'" 5V~. ~ YU' c~ f~-~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ~r. J JUN 0 8 2004 INTEROFFICE MEMORANDUM City OfI'vleridjan Cify Clerk Office To: Mayor De Weerd, Willian1 G. Berg, Jr. - (originals), Gary Smith Wm. F. NiChO]~~ Sale of Property at Public Auction From: Subject: Date: June 8, 2004 Accompanying this memo are the originals of the following documents for the above matter: 1. Resolution Declaring Intent to Sell and Declaring a Minimum Value; with Certificate of Clerk; and 2. Summary of Action; and 3. Notice of Hearing; and 4. Resolution Authorizing Sale of Property at Public Auction. Again, according to State Statute, the proper method for proceeding with this sale of property at public auction would be as follows: First, the City Council should review and discuss the proposed sale and declare the minimum value. Assuming that the Council approves moving forward towm-d a public auction for the sale of the surplus property, and sets a time for the public hearing, the Clerk would then complete the Summary Of Action Taken By Meridian City Council, and publish that Summary, together with a Notice of Hearing, in the City's official newspaper at least 14 days prior to the date of the hearing. After the public hearing, if the Council chooses to proceed with the public auction, the Council should pass a resolution authorizing the Mayor and Clerk to go forward. I would be glad to discuss this matter with anyone, and I invite your comments. Z:\Work\M\Mcridian\Mcridian I 5360M\Thousand Springs Sub No.5 surplus land Lot 63 Block 14\BergPublicAuction mcmo 06 07 04.do:: RESOLUTION NO BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES AUTHORIZING AND DECLARING THE INTENT TO SELL, AND DECLARING A MINIMUM VALUE, DESIGNATING SURPLUS PROPERTY FOR PUBLIC AUCTION; AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO SELL SURPLUS PROPERTY LOCATED ON LOT 63, BLOCK 14 IN THOUSAND SPRINGS SUBDIVISION NO.5, PURSUANT TO IDAHO CODE SECTION 50-1405; BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, the City of Meridian hereby declares its intent to sell surplus property, and to declare a minimum value on said property located on Lot 63, Block 14 in Thousand Springs Subdivision No.5; and WHEREAS, the City Council believes that it is in the best interests of the City of Meridian to sell said property at public auction, which property is located on Lot 63, Block 14 in Thousand Springs Subdivision No.5 as surplus propelty. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and City Council hereby authorize and declare their intent to sell and to declare a minimum value to the said property located on Lot 63, Block 14 in Thousand Springs Subdivision No.5. 2. The minimum declared value for this surplus propeliy is $ 3. Pursuant to IdallO Code S 50-1401 et seq., at its regular meeting on Tuesday, , 2004, the Meridian City Council shall hold a public hearing on the question of whether said surplus property should be sold at public auction. RESOLUTION AUTHORIZING SALE OF PROPERTY AT PUBLIC AUCTION PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2004. Mayor Tammy de Weerd ATTEST: William G. Berg, Jr., City Clerk Z:\Work\M\Mcridian\Mcridian 15360M\Rcsolutions City Hall\2004\ResolutionDeclaringlntenttoSell Declari ngMin imum Val ueofSurplusPropcrtyPu b I icAuction 06 07 04.doc RESOLUTION AUTHORIZING SALE OF PROPERTY AT PUBLIC AUCTION 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 of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the day of , 2004, the following action has been taken and authorized. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES AUTHORIZING AND DECLARING THE INTENT TO SELL, AND DECLARING A MINIMUM VALUE, DESIGNATING SURPLUS PROPERTY FOR PUBLIC AUCTION; AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO SELL SURPLUS PROPERTY LOCATED ON LOT 63, BLOCK 14 IN THOUSAND SPRINGS SUBDIVISION NO. 5~ PURSUANT TO IDAHO CODE SECTION 50-1405; BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN~ IDAHO: WHEREAS, the City of Meridian hereby declares its intent to sell surplus property, and to declare a minimum value on said property located on Lot 63, Block 14 in Thousand Springs Subdivision No.5; and WHEREAS, the City Council believes that it is in the best interests of the City of Meridian to sell said property at public auction, which property is located on Lot 63, Block 14 in Thousand Springs Subdivision No.5 as surplus propeliy. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and City Council hereby authorize and declare their intent to sell and to declare a minimum value to the said property located on Lot 63, Block 14 in Thousand Springs Subdivision No.5. 2. The minimum declared value for this surplus propeliy is $ CERTIFICATE OF CLERK - INTENT TO SELL AND DECLARE MINIMUM VALUE OF SURPLUS PROPERTY PAGE 1 OF 2 3. Pursuant to Idaho Code S 50-1401 et seq., at its regular meeting Oli Tuesday, ,2004, the Meridian City Council shall hold a public hearing on the question of whether said surplus property should be sold at public auction. William G. Berg, Jr., City Clerk STATE OF IDAHO, ) : ss: County of Ada. ) On this day of , 2004, before me, , a Notary Public, appeared WILLIAM G. BERG. JR., known or identified to me, respectively, 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) Notary Public for Idaho Residence: Commission Expires: Z:\Work\M\Meridiall\Meridian ] 5360M\Resollltions City Hull\2004\CER TofCLKDeclarelntel1ttoScllDeclareillgMinilll UIll V allleo lSurplllsProperty 06 07 04.doc CERTIFICATE OF CLERK - INTENT TO SELL AND DECLARE MINIMUM VALUE OF SURPLUS PROPERTY PAGE 2 OF 2 BEFORE THE MERIDIAN CITY COUNCIL SALE OF SURPLUS PROPERTY AT PUBLIC AUCTION ) ) ) ) ) NOTICE OF SUMMARY OF ACTION TAKEN BY MERIDIAN CITY COUNCIL On the day of ,2004, the Meridian City Council, in open session, approved a sale of surplus property at public auction, whereby the City would sell City real property described as Lot 63, Block 14 in Thousand Springs Subdivision No.5, Ada County, Idaho, with a minimum declared value of $ The public auction will not be held unless, and until, approved by the City Council after a public hearing regarding the proposed sale, which hearing shall be held at p.m., on Tuesday, ,2004, at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho. By action of the City Council at its regular meeting held on the ,2004. day of ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED COUNCILMAN WILLIAM L.M. NARY VOTED COINCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED Summary of Action taken by City Council Page 1 MA YOR TAMMY de WEERD (Tie Breaker) VOTED Notice of Hearing was published to notify the public, and copy served upon the Planning and Zoning, Public Works and the attorney office. BY: City Clerk DATED: Z:\Work\M\Mcridian\Meridian I 5360M\Thousand Springs Sub No.5 surplus land Lot 63 Block 14\SllmmaryActiol1ofCouncil 06 07 04.doc Summary of Action taken by City Council Page 2 NOTICE OF HEARING NOTICE IS HERBY GIVEN pursuant to the Ordinances of the City ofMeridial1 and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho A venue, Meridian, Idaho, at the hour of7:00 p.m. on _,2004, for the purpose of reviewing and considering the sale of surplus property for the City of Meridian, legal description as more particularly described in the Summary of Action Taken by the Meridian City Council and to allow public comment on the same. DATED this day of , 2004. William G. Berg, J L PUBLISH , 2004. RESOLUTION NO BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES AUTHORIZING THE SALE OF SURPLUS PROPERTY AT PUBLIC AUCTION; AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO SELL SURPLUS PROPERTY LOCATED ON LOT 63, BLOCK 14 IN THOUSAND SPRINGS SUBDIVISION NO.5, ADA COUNTY, IDAHO, PURSUANT TO IDAHO CODE SECTION 50-1405; BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, the City of Meridian owns property valued at $ which is located on Lot 63, Block 14 in Thousand Springs Subdivision No.5, Ada County, Idaho; and WHEREAS, the City of Meridian has approved the sale of said property as surplus property; and WHEREAS, it is in the best interests of the City of Meridian to sell said propelty at public auction, which property is located on Lot 63, Block 14 in Thousand Springs Subdivision No.5, Ada County, Idaho, as surplus property, due to the fact that this particular piece of propeliy is no longer needed or used by the City of Meridian. Additionally, the cost and expense to the City of Meridian for maintaining the property exceeds its value to the City of Meridian; and WHEREAS, the City Council has held a public hearing to determine whether said real propeliy shall be sold. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and City Council hereby authorize and declare that the propeliy located on Lot 63, Block 14 in Thousand Springs Subdivision No.5, Ada County, Idaho, is surplus propeliy. 2. The Mayor and City Council hereby authorize the sale of said propeliy located on Lot 63, Lot 14 in Thousand Springs Subdivision No.5, Ada County, Idaho, valued at $ , at public auction. RESOLUTION AUTHORIZING SALE OF PROPERTY AT PUBLIC AUCTION 3. The Mayor is authorized to sign, and the City Clerk to attest, any and all documents necessm'y to effect the sale of property authorized by this resolution. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2004. Mayor Tammy de Weerd ATTEST: William G. Berg, Jr., City Clerk Z:\Work\M\Meridian\Meridian 15360M\Resolutions City Hall\2004\ResollllionSaleSllrplllsProperlyPublicAllctioll 06 07 04.doc RESOLUTION AUTHORIZING SALE OF PROPERTY AT PUBLIC AUCTION 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the tmdersigned, do hereby celiify: 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 of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby celiify that on the day of ,2004, the following action has been taken and authorized. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES AUTHORIZING THE SALE OF SURPLUS PROPERTY AT PUBLIC AUCTION; AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO SELL SURPLUS PROPERTY LOCATED ON LOT 63, BLOCK 14 IN THOUSAND SPRINGS SUBDIVISION NO.5, ADA COUNTY, IDAHO, PURSUANT TO IDAHO CODE SECTION 50-1405; BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, the City of Meridian owns property valued at $ which is located on Lot 63, Block 14 in Thousand Springs Subdivision No.5, Ada County, Idaho; and WHEREAS, the City of Meridian has approved the sale of said property as surplus propeliy; and WHEREAS, it is in the best interests of the City of Meridian to sell said propeliy at public auction, which propeliy is located on Lot 63, Block 14 in Thousand Springs Subdivision No.5, Ada County, Idaho, as surplus propeliy, due to the fact that this particular piece of propeliy is no longer needed or used by the City of Meridian. Additionally, the cost and expense to the City of Meridian for maintaining the property exceeds its value to the City of Meridian; and WHEREAS, the City Council has held a public hearing to determine whether said real property shall be sold. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: CERTIFICATE OF CLERK ~ EXCHANGE OF SURPLUS PROPERTY PAGE 1 OF 2 1. The Mayor and City Council hereby authorize and declare that the property located on Lot 63, Block 14 in Thousand Springs Subdivision No.5, Ada County, Idaho, is surplus propel1y. 2. The Mayor and City Council hereby authorize the sale of said property located on Lot 63, Lot 14 in Thousand Springs Subdivision No.5, Ada County, Idaho, valued at $ , at public auction. 3. The Mayor is authorized to sign, and the City Clerk to attest, any and all documents necessary to effect the sale of propel1y authorized by this resolution. William G. Berg, Jr., City Clerk STATE OF IDAHO, ) ss: County of Ada. ) On tins day of ,2004, before me, , a Notary Public, appeared WILLIAM G. BERG. JR., known or identified to me, respectively, 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 011 behalf of the City of Meridian. (SEAL) Notary Public for Idaho Residence: Commission Expires: Z:\Work\M\Meridian\Meridian I 5360M\Rcsolutions City Hall\2004\CERTofCLKSaleSurplusPropcrty 06 07 04.doc CERTIFICATE OF CLERK - EXCHANGE OF SURPLUS PROPERTY PAGE 2 OF 2 June-ll, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 15,2004 ITEM NO. -/0 REQUEST Continued Public Hearing from June 8, 2004 - Idaho Community Development Block Grant for Louisiana Pacific AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See previous Item Packet , pi YvJI;)v? cpJY- ~ bvfl r vJ {fr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE June 15, 2004 ITEM # 10 PROJECT NUMBER PROJECT NAME Idaho Community Dev. Block Grant for Louisiana Pacific NAME (PLEASE PRINT) FOR AGAINST NEUTRAL D~CEIV:Ft;rl J..w..... -....." 111M 1 t:; ?flfll, - .. ~ ~ -~ - ~ ('I1frJV {\ 17 1'lIfl7 HI H\ T A '\I ~..I;l.............. '-"...... ..........s.-&...............~ - . ( June- 11, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 15,2004 2/ ITEM NO. REQUEST Ordinance - Fireworks Amended Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance / lo0V ~fOiV / (ff VO Contacted: EmaiJed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridIan. June 3.2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 8, 2004 ITEM NO. 1- REQUEST Discussion of Fireworks Amended Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DE?T: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEfTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached .-- v~ . tY' ~{J/-. (/0 ~&N / I '? Or, b rrr-/ {;l 1./ pRjfr ~ r Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( WHITE PETERSON ATTORNEYS AT LAw KEVIN E. DINIUS JULIE KLEIN FISCHER CHRISfOPHER D. GABBERT WM. F. GIGRAY, III T. GUY HALLAM ** JILL S. HOLINKA JOHN R. KORMANIK * WILLIAM A. MORROW WILLIAM F. NICHOLS" WHITE PETERSON, P.A. CANYON PARK AT TIlE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 May 27,2004 William G. Berg, Jr., City Clerk Meridian City Hall 33 East Idaho St. Meridian, Idaho 83642 RECEIVED JUN - 1 2004 City of Meridian City Clerk Office Re: Fireworks Amended Ordinance Dear Will: Attached you will find the ordinance pertaining to the Fireworks Amended Ordinance for the City of Meridian. Please ask the Mayor and Council President for some time on a Pre-Council agenda to discuss the changes. Additionally, I have attached the Summary Ordinance and cover letter on this matter. If you have any questions or need anything further with regard to this ordinance, please advise. Z:\Work\M\Meridian\Meridian 15360M\Qrdinanees City Hall\2004 Ord\Berg Fireworks Amended Ord L TR 05 24 04.doe CHRISTOPHERS. NYE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE ... . Also admitted in C .. Also admitted in C "0 Also admitted in V CITY OF MERIDIAN ORDINANCE NO. 04- ! tJ 82- . BY: l~l?lv&}-d- AN ORDINANCE FOR THE CITY OF MERIDIAN, IDAHO, AMENDING THE FOLLOWING SECTIONS OF CHAPTER 4 OF TITLE 5 FIREWORKS: SECTION 7.E. TO PROVIDE FOR INSPECTIONS BY THE FIRE DEPARTMENT; SECTION I5.P. TO PROVIDE FOR THE INTERNATIONAL FIRE CODE INSTEAD OF THE UNIFORM FIRE CODE AND TO PROVIDE FOR A NEW SUBSECTION R. WHICH WILL PROVIDE FOR A PARENTAL AND/OR GUARDIAN LIABILITY SIGN, AND SECTION 16 TO DELETE THE LIMITATION OF DAMAGES FOR LIABILITY ARISING FROM THE USE OF FIREWORKS; OF THE MERIDIAN CITY CODE; PROVIDING FOR CONFLICT, VALIDITY, SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Section 7.E. Chapter 4 Title 5 Application for Nonaerial Common Fireworks Permit of the Meridian City Code, be, and the same is hereby amended and shall now read as follows: 5-4-7 APPLICATION FOR NONAERIAL COMMON FIREWORKS PERMIT: E. Each applicant shall pay to the City Clerk a fee of twenty-five dollars ($25.00) at the time they file their application. At the time and as a condition of such filing and with each application, each applicant shall pay an additional fee to defray costs of preliminary investigations and inspections by the Fire Department required hereunder which fee shall be twenty-five dollars ($25.00) per site applied for, and shall not be refundable in any event, and the applicant shall also post with the City Clerk a cash bond or cash deposit or letter of credit in the amount of not less than fifty and no/lOO's dollars (50.00) to secure the applicants performance if a permit is issued of the prompt removal of the temporary fireworks stand and the cleaning up of debris at temporary fireworks stand site. Fireworks Amended Ordinance Page 1 of 4 - SECTION 2: That Section 15.P., and the additional of a new subsection R., Chapter 4 Title 5 Temporary Fireworks Stands and Tents of the Meridian City Code, be, and the same is hereby amended and shall now read as follows: 5-4-15: TEMPORARY FIREWORKS STANDS AND TENTS: P. Only tents that comply with .^Jticlc 32 Chapter 24 of the Uniform 2000 International Fire Code as adopted by the City shall be used for the sale and/or storage of non aerial common fireworks. R. At each stand/tent the operator shall post a sign. in a conspicuous place, warning parents and guardians of liability for damage caused by the use of fireworks by a minor. For those stands/tents that have cash registers, the sign must be posted at each cash register. The sign shall be not less than 8 1/2" x 11" in size, with a font pitch of not less than 36, and shall read as follows: WARNING ACCORDING TO IDAHO CODE 39-2611, THE PARENTS, GUARDIANS OR OTHER PERSONS HAVING CUSTODY OR CONTROL OF A MINOR SHALL BE LIABLE FOR DAMAGE CAUSED BY THE USE OF FIREWORKS BY THE MINOR. SECTION 3: That Section 16 of Chapter 4 Title 5 General Prohibitions of the Meridian City Code, be, and the same is hereby amended and shall now read as follows: 5-4-16: GENERAL PROHIBITIONS: It shall be unlawful for any person, except in compliance with this chapter to: (1) Alter any fireworks; (2) Throw any fireworks from, into or at a moYing vehicle or at any person; (3) Sell or use any fireworks at any time not permitted under this chapter; (4) Use fireworks in any area that constitutes a severe fire threat based on the vegetative conditions during the current fire season as determined by the fire Chief, provided that notice of such areas is given in advance. The parents, guardian or other persons having custody or control of minor shall be liable for damage caused by the use of fireworks by the minor. Damages are Fireworks Amended Ordinance Page 2 of 4 ( limited to an amount not to cxceed $2,500.00. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 6: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. SECTION 7: DATE OF EFFECT: This ordinance shall be in full force and effect after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /5/f:::. day of J ~ , 2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this (51:6 day of J ~ , 2004. ~ \\\IIMa ,. II m d - .eeJ,:~ ATTEST. ",,:; Of ~.Ef!!~""" .. - --.- . " ..: "" 01:1 "/ " " . 'A. ~/ ~.... 0 o<0poRA)'; 'V .-;. 2 .,f) <:'() S d~~~,9f. ~ SEAL 1 City Clerk ' '\. '?vQ ^' .0 ,~-:: -;, "9'", vSr1si. ,':.,' ,~; .-;.. "-'...4 ',h .:::- ~ Ordin~ce ofthe City of Meridiart"~t~tW\)ap;\' Q~~rg, Jr., City Clerk FIrst Readmg: 6 -tS- -04- 1//1,;."" .;,.\\\\\ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES )C NO Second Reading: Third Reading: STATE OF IDAHO,) Fireworks Amended Ordinance Page 3 of 4 : ss. County of Ada. ) On this f5.;1t day of ~ , 2004, before me, the undersigned, a Notary ~ and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,,1""""'1: 1/>" L ~~ ~.'IJ Cf. . 8~ '"4! ~"r::~ ....... '1';. ..## i...'t' 0..+ '\ ( .. ~ T ... i ~O A~J-" \ : * . _0- · * .. - . . - .., ~: " \. . ~UB\.\ $ SI INGAT: y/t:ttll"'- \ ~;."... 6-0 J COMMISSION EXPIRES: () ,,# -1..... ....... "t>'~,....... #~~~~ # 'l! 0 P \'9 ....... Z:\Work\M\Meridian\Meridian 153~vtiJlJl/j)irt~CilY HalI\2004 Ord\Fircworks Amend Ord 05 24 04.doc (SEAL) Fireworks Amended Ordinance Page 4 of 4 WHITE PETERSON ArrORNEYSATLAW KEVIN DINIUS JULIE KlEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIORAY, [II T. GUY HAllAM .. Jill S. HOLlNKA JOHN R. KORMANIK · WIlLIAM A. MORROIV WILLIAM F. NICHOlS" CANYON PARK AT THE IDAHO CENTER 5 700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208)466-9272 FAX (208) 4664405 CHRISTOPHER S. NVE PHIliP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE ... A[so admitted ill CA .. Also admi!led ill OR ... Also admitted ill W A May 27,2004 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 04- ! tJ f3 2. , (Fireworks Amended Ordinance for the City of Meridian) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City COlU1cil, this office has prepared a summarization of the ordinance providing for the Fireworks Amended Ordinance for the City of Meridian, 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 S 50-901(A). Enclosure Z:\Work\M\Meridian\Meridian 15360M'Ordinanccs City Hal1\2004 OrdIBerg Fireworks Amend Sum Ord cover ltr 0524 04.do; NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 04-1 tJ g 2- PROVIDING FOR AMENDMENTS TO CHAPTER 4 OF TITLE 5 FIREWORKS This ordinance of the City of Meridian is amending section 7.E. of Chapter 4 Title 5 of Application For Nonaerial Common Fireworks Permit to provide for inspections by the Fire Department, to provide for the International Fire Code instead of the Uniform Fire Code, and to provide for a new subsection R. which pertains to a parental and/or guardian liability sign, in section 15.P. Temporary Fireworks Stands and Tents of Chapter 4 Title 5, and to delete the damages limitation in section 16 regarding liability for damages caused by fireworks. A full text of this ordinance is available for inspection at City Hall, Ci~ of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the! $i!Jday of <T~ , 2004. ~4-~?{~. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: f - ! f: - p 4- Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES K NO Second Reading: --- Third Reading: - z:\ Work\M\Meridian\Meridian 15360M\Ordinances City HaJJ\2004 Ord\Fireworks Amend Sum Ord 0524 04.doc Fireworks Summary Ordinance Chapter 4 Title 5 Page I of 1 ** TX CONFIRMATION REPORT ** AS OF JUN 14 '04 14:05 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 04 06/14 14:04 CHERRY LANE MODE M1N/SEC PGS CMD~ STATUS G3--S 00' 38" 001 003 OK ~\d1$.-C rOS.\--- k( ;:\.lbl~~ No-hUl!- -: llaJ'\YJ\ \. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, June 15. 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle _ Bill Nary Charlie Rountree Keith Bird _ Mayor Tammy de Weard 2. Adoption of the Agenda: 3. Recommendations from the Traffic Safety Commission by John Overton: (*10 minutes) 4. Discussion of Qpen Buminq Amended Ordinance: ("10 minutes 5. Process Improvement Update by Paz: G. View "Every 15 minutes" Tape: .. Approximate allowable time set for agenda item may chango depending on discussion. Please use the designated minutes as a guideline only. MerIdian City Pre-Council Agenda -JUIle 15, 2004 Page 1 or 1 All mat€flals presented at publiC meetings shall become property of lhe City of Maridian. Anyone desiring accommod3!/on for dj!lllb~itiBG related to doeumen~ and/or ne~llingl: please contact the City Clerk's orrlC8 at 8at>-4433 allessl48 nDuB prior to the pubflt; meeting. ( { ** TX cot-.. .,MATION REPORT ** DATE TIME TO/FROM 12 06/11 17'33 3810160 13 06/11 17:35 PUBLIC WORKS 14 06/11 17:37 12084664405 15 06/11 17:39 8841159 16 06/11 17: 40 2000040744 17 06/11 17:41 POLICE DEPT 18 06/11 17:43 8985501 19 86/11 17:44 LIBRRRY 20 06/11 17'46 92083776449 21 06/11 17'48 208 388 6924 22 06/11 17'49 2088886854 23 06/11 17:51 ALL AMERICAN INS 24 06/11 17:S3 208 895 0390 25 06/11 17:54 1283000~0 26 06/11 17:56 208 387 6393 'Z7 06/11 17: 57 ADA CTY DEVELnT 28 06/11 17:59 8885052 29 06/11 18:01 CHERRY Ll'\NE 30 05/11 18:03 IDAHO ATHLETIC C 31 06/11 18:05 887 0815 32 06/11 18:07 ID PRESS TRIBUNE { AS OF JUN 11 '04 1& PAGE. 01 CITY OF rERIDIAN" MODE MIN/SEC PGS CMDll STATUS EC--S 01'40" 003 243 OK EC-S 00'59" 003 243 OK EC-S 01' 00" 003 243 OK EC--S 130'59" 003 243 OK EC-S 00'59" 003 243 OK EC--S 00'58" 1211213 243 OK EC--S 00'58" 063 243 OK EC--S 01'16" 003 243 OK EC--S 00'58" <103 243 OK EC--S 01' 15" 003 243 OK EC--5 00'58" 003 243 OK EC--S 00'59" 063 243 OK EC--S 00'59" 003 243 OK G3--S 01' 17" 063 243 OK EC--S 00'58" 0e3 243 OK EC--S ee'59" 1303 243 OK EC--S 0.1' 58" 003 243 OK (;3--5 01' 59" e03 243 OK EC--S 01'00" 063 243 OK G3-S 01'59" 003 243 OK EC--S ee'59" 003 243 OK 11taJ;(.. POS'r.fw '?l.lbk/Nbhce.1ht.u'\t.J}l CITY OF MERIDIAN CITYCOUNQL REGULAR MEEnNG AGENDA Tuesday, June 15, 2004 at 7:00 p.m. 1. Roll-call Attendance: City Council Chambers _ Shaun Wardle _ sm Nary Charlie Rountree Keith Bird - _MayorTammydeWeerd 2, Pletlge of Allegiance: 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of May 25, 2004 City Council Regular Meeting: B. Approve Minutes of June 1, 2004 City COuncil Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ. 04-006 Request for Annexation and Zoning of 3.08 acres from RUT to L-O zone for proposed Southstone Subdivision by Pinnacle Engineers, Inc. - northeast comer of South Eagle Road and East Girdner Lane: D. Findings of Fact and Conclusions of Law for App,roval: PP 04-008 Request for Preliminary Pial approval of a commerCial building lots on 3.06 acres in a proposed L-Q zone for proposed Southstone Subdivision by Pinnacle Engineers, Inc. - northeast comer of South Eagle Road and East Girdner Lane: E. Findings of Fa.ct and Conclusions of Law for Approval: RZ 04-002. Request for a Rezone of 7.48 acres from L-O to R.15 zonas for proposetl Rock Creek Subdivision by Treasure Valley Development - east of North Linder Road and south of West Pine AVenue: F. Findings of Fact and Conclusions of Law for Approval: PP 04-005 Request for Preliminary Plat approval for 52 residential building lots and 1 common lot on 7.48 acres in a proposed R-15 zone for proposed Rock Creek Subtlivision by Treasure Valley Development - east of North Under Road and south of West Pine Avenue: M..;.li"" c;,yC>\lnoil ^g", - Ju...15.~04 POl!< l.r3 All ""micl'l""'mI<lr>I1 &r",me p<opO<ty .r1lu; City .fM<lidi>J!. AnyontdCll1rin&4ce~ rQt'"&'A-bilitia]'tJ;lStdt:.I)6ncMnt<<f;:andJ(Jfb~ FI1:D.51j:' l;:'Qtlt'tn tht City CJert:;~A Offi.c:ElIJ: 1Se.443J. ~ tc:ul4S hOUR pOlX' tlJl1b1ll publie :mcaing. l~ ** TX CONFIRMATION REPORT ** AS OF JUN 11 '04 18:10 PAGE. 01 CITY OF MERIDIRN DATE TIME TO/FROM 01 06/11 18:09 2088886701 MODE MIN/SEC PGS CMD~ STATUS EC--S 00' 59" 003 243 OK Hto..S e.. P651'-.w '?llbl<vNM\ce.. =Th.t.U\'!.J)\ t. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 15, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Bill Nary Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastol' Kevin Moyer, with Meridian First Baptist Church: 4. Adoption ofthe Agenda: 5. Consent Agenda: A. Approve Minutes of May 25, 2004 City Council Regular Meeting: B. Approve Minutes of June 1, 2004 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 04-006 Request for Annexation and Zoning of 3.06 acres from RUT to L-G zone for proposed Southstone Subdivision by Pinnacle Engineers, Inc. - northeast comer of SOuth Eagle Road and East Girdner Lane: D. Findings of Fact and Conclusions of Law for A~Rroval: PP 04-008 Request for Preliminary Plat approval of 8 commercial building Jots on 3.06 acres in a proposed L-O zone for proposed Southstone Subdivision by Pinnacle Engineers, Inc. - northeast comer of South Eagle Road and East Girdner Lane: E. Findings of Fact and Conclusions of Law for Approval: RZ 04-092, Request for a Rezone of 7.48 acres from L-O to R-15 zonas for proposed Rock Creek Subdivision by Treasure Valley Development - east of North Under Road and south of West Pine A venue: F. Findings of Fact and Conclusions of Law for Approval: PP 04-005 Request for Preliminary Plat approval for 52 residential building lots and 1 common lot on 7.48 acres in a proposed R-15 zone for proposed Rock Creek Subdivision by Treasure Valley Development - east of North Linder Road and south of West Pine Avenue: Me.;d"", City C>unoil ^8fllld.> - Ju~ IS. 2004 Poge I <lf3 .'\ll mntcri.ols prnonlcd lit publi" m.ll\j"g~ :<lDJl become property ..fthc City or M<ridian. AnyGn~ dc.iring lltComalOdation for di..bilili"" rd:l1o:d 10 oot:l.lrn..... J1I'UII01" hauillg$ plonsc ~OIlt:l(f lht City Cl~'~ Offico at aSS-4433 II.lco.oI. 4l! hQu~ prior to th~ puhlic meau.g. Plms~ (c':.-,.. JS-r tor '?llbll&N6hce:.11i~__(\tJ)' , . CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 15, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Kevin Moyerf with Meridian First Baptist Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of May 25, 2004 City Council Regular Meeting: B. Approve Minutes of June 1, 2004 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 04-006 Request for Annexation and Zoning of 3.06 acres from RUT to L-Q zone for proposed Southstone Subdivision by Pinnacle Engineers, Inc. - northeast comer of South Eagle Road and East Girdner Lane: D. Findings of Fact and Conclusions of Law for Approval: PP 04-008 Request for Preliminary Plat approval of 8 commercial building lots on 3.06 acres in a proposed L-Q zone for proposed Southstone Subdivision by Pinnacle Engineers, Inc. - northeast comer of South Eagle Road and East Girdner Lane: E. Findings of Fact and Conclusions of Law for Approval: RZ 04-002, Request for a Rezone of 7.48 acres from L-Q to R-15 zones for proposed Rock Creek Subdivision by Treasure Valley Development - east of North Linder Road and south of West Pine Avenue: F. Findings of Fact and Conclusions of Law for Approval: PP 04-005 Request for Preliminary Plat approval for 52 residential building lots and 1 common lot on 7.48 acres in a proposed R-15 zone for proposed Rock Creek Subdivision by Treasure Valley Development - east of North Linder Road and south of West Pine Avenue: Meridian City Council Agenda - June 15,2004 Page I of3 AlllUJlterials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact tlte City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Findings of Fact and Conclusions of Law for Approval: CUP 04-006 Request for a Conditional Use Permit for a Planned Development consisting of a mix of residential and commercial uses with reductions to building setback requirements for proposed Rock Creek Subdivision by Treasure Valley Development - east of North Linder Road and south of West Pine Avenue: H. Drillina Test Well #26 - Change Order #1 (Final) with Adamson Drilling: I. Successor AQreement: 6. Department Reports: A. City Council Member - Shaun Wardle 1. Update on Golf Course: B. Mayor's Office 1. Idaho Community Foundation Grant (MDC) 7. (Items Moved from Consent Agenda) 8. FP 04-032 Request for Final Plat approval for 54 single family residential building lots and 7 common lots on 14.12 acres in a R-4 zone for Roseleaf Subdivision by Liberty Development - 3615 South Locust Grove Road: 9. Discussion of Sale of Property at Public Auction Resolution: 10. Continued Public Hearing from June 8, 2004: Development Block Grant for Louisiana Pacific: Idaho Community 11. Continued Public Hearing from June 8, 2004: RZ 04-006 Request for a Rezone of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision NO.4 by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: 12. Continued Public Hearing from June 8, 2004: PP 04-009 Request for Preliminary Plat approval of 79 single-family residential building lots & 8 common lots on 16.1 acres in proposed R-8 zone for Sutherland Farm Subdivision No. 4,.by Sutherland Farm, Inc. - east of South Eagle Road and north of east Victory Road: 13. Continued Public Hearing from June 8, 2004: CUP 04-009 Request for modification of the original Conditional Use Permit for a Planned Development to allow the elimination of five office lots and the addition of 47 single-family lots in addition to the 32 residential lots previously approved for a total of 79 single- family lots for Sutherland Farm Subdivision No.4 with request for reduction to the minimum requirements for lot size, street frontage and front yard setbacks by Meridian City Council Agenda - June 15, 2004 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Sutherland Farm, Inc. - east of South Eagle Road and north of east Victory Road: 14. Public Hearing: PFP 04-005 Request for Preliminary Final Plat approval for the re-subdivision of Lot 10 and portions of Lots 9 and 11, Block 11 into 3 building lots on 3.46 acres in a C-G zone for Copperpoint Subdivision by Larson Architects - east of South Eagle Road on the south side of East Copperpoint Drive: 15. Public Hearing: MI 04-002 Request for removal from the City of Meridian's area of impact for Fred Schuerman by Fred Schuerman - west of North Cloverdale Road and north of East Fairview Avenue: 16. Public Hearing: CUP 04-010 Request for a Conditional Use Permit for a 100- foot monopole communications tower in a C-G zone for T~Mobile by T-Mobile I Teny Cox - southeast corner of East Overland Road and South Eagle Road: 17. Public Hearing: PP 04-010 Request for Preliminary Plat approval for 6 commercial building lots on 5.23 acres in a L-O zone for Valencia Plaza Subdivision by Aspen Grove Development, LLC - east of South Locust Grove Road and south of East Overland Road: 18. Public Hearing: AZ. 04-009 Request for Annexation and Zoning of 36.93 acres from RUT to C-G zone for Market Sauare by Smith Brighton - northeast comer of North Eagle Road and East Ustick Road: 19. Water, Sewer and Trash Delinquencies: 20. Tabled from June 8, 2004: Ordinance No. Parks and Recreation Commission Ordinance: 21. Ordinance No. : Fireworks Amended Ordinance: 22. Executive Session per Idaho State Code 67-2345(1)(b): Meridian City Council Agenda - June 15,2004 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.