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Home My WebLink About2004-03-09 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 9, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Shaun Wardle X Bill Nary =r. Charlie Rountree + Keith Bird l Mayor Tammy de Weerd 2. Adoption of the Agenda: a;prov~ 3. Discussion of Ice Skating Facility by Charlotte Catlett: (*15 minutes) cmfn';;~/..;:v(jQ -Iv /1.eK-rL ~/Jhj 3-/6-04- 4. Proposal for Employee Compensation - Pauline Skeggs and Stacy Kilchenmann: ~ S carfr-ed.1 Ct:l?'V17~ (*20 minutes) 5. CUPI Day Care Issue with Tara Gorton:. d ,d 6 ,. c:V SCUff eeL- -;oRa: ce. ~ repulCvt.- ~ac<- v - C-I Parks and Recreation Commission P.roposed Ordinance: pYep~ da~ - c:.i!.eo!e-/n,/nk/{-eI Executive Session per Idaho State Code 67~2345(1)(c): frO decif);;'" 6. 7. * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a f;luideline only. MeridIan CIty Pre-Council Agenda - March 9, 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. {lUILSf YtJsr +or flJh)i~ (U~j{~c- / /Ilarl(s ! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 9, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle _ Bill Nary Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Ice Skating Facility by Charlotte Catlett: (*15 minutes) 4. Proposal for Employee Compensation - Pauline Skeggs and Stacy Kilchenmann: (*20 minutes) 5. CUPI Day Care Issue with Tara Gorton: 6. Parks and Recreation Commission Proposed Ordinance: 7. Executive Session per Idaho State Code 67-2345(1)(c): "'Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a f;)uideline only. Meridian City Pre-Council Agenda - March 9, 2004 Page 1 of 1 All materials presented at public meetings shall became property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. MAYOR Tammy de Weerd ~;c:~ clfe;;d/;;~'l~ " CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird IDAHO " ,-. \' V )1 jJ /' Q~;tjc~ : 1903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-5501 PUBLIC WORKS (208) 898-5500 . Fax 887-1297 BUILDING DEPARTMENT (208) 887.2211 . Fax 887-1297 PLANNING & ZONING (208) 884.5533 . Fax 888-6854 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, March 9, 2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: Discussion of Ice Skating Facility by Charlotte Catlett Proposal for Employee Compensation CUPIDaycare issue with Tara Gorton Parks and Recreation Commission Proposed Ordinance Executive Session per Idaho State Code 67-2345(1)(c) The public is welcome to attend the meeting. SEAL - ~ & ~ - </Q "Ql 0'::- % "1(,) USt1S\' ,;> f ......";1 =1 r. <). /1'//", ":",:'-"' C:: f t~ ~ ",:,~-,! . Ct~CMG 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887.4813 March 4, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT March 9. 2004 ITEM NO. L3 REQUEST Discussion of Ice Skating Facility by Charlotte Catlett 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: .LI~ fl!{-f Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. March 4. 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT March 9, 2004 ITEM NO. o REQUEST CUP / Daycare Issue with Tara Gorton AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: /' , . ^9:~ i d,J~ rJi~{lr rPtiff' . ~ b/el r leY I OTHER: See attached letter from --c:> ~ ~ ~~~ ~' 9c~ ~~~ Contacted: Emailed: Materials presented at public m RECEIVED . FEB 2 6 200lJ City of Meridian City Clerk Office ! Jj ( f J' ) ..(.<,."".\::L::!L,L,/:""'~ ./) .Ld~<- March 4, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT March 9, 2004 ITEM NO. L(J REQUEST Parks and Recreation Commission Proposed Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~{ - VVV) I. ftif vr~~ if ()J1)F I r{L C Of yt Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the Cily of Meridian. March 4, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Executive Session per Idaho State Code 67-2345{ 1)@ March 9, 2004 ITEM NO. 7 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ,~ [i~l ty'9d9- Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MerJdlan. plt~I't)./ fost for ruv,t,.c 1V6t}<ft-- / VlaV1t:.s I, ~~~"..1~~AJi~~ c::M;;;;dl;~;-7t '\ \~ IDAHO j! ~r. / :':&'''1l . . . ~-( ~o~ ~:15l~lCl: ! 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Sbaun Wardle Wilham L. M. Nary Charles M. Rountree Keith Bird LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-5501 PUBLIC WORKS (208) 898-5500. Fax 887.1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (208) 884.5533 . Fax 888-6854 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, March 9, 2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: Discussion of Ice Skating Facility by Charlotte Catlett Proposal for Employee Compensation CUPIOaycare issue with Tara Gorton Parks and Recreation Commission Proposed Ordinance Executive Session per Idaho State Code 67-2345(1)(c) The public is welcome to attend the meeting. DATED this 5th of March, 2004. .\\\\lI1I1I!l111! ,\, ~kr' (1/ .,\\\': Of wsc:R!D; 11//1 ",' ~~~._ '4 I,.. fa /",o1?PO?~~, ~ /\ ::- (# 0'\:: = . \ ~ ~ ~ SEAL r-;) ~ :: 1": 0 I .:: ~ 0-Q ....OJ/.o ;;:: \ "?.o~ ~~....,':;.~'; /..-;.. -1 ,..." "to. .} ~ ~/; "./(': i' : ~.., . . 'f.e 0~~ 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 836420 (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 c ** TX CONFIRMATION REPORT ** AS OF MAR 135 '134 17:110 PAGE. 01 CITY OF MERIDIAN DRTE TIME TO/FROM MODE M I WSEC PGS CMD\:t STATUS 28 03/05 17:04 3810168 EC--S 00'56" 002 071 OK 29 03/105 17:05 PUBLIC WORKS EC--S 00' 36" 002 071 OK 31 03/05 17:08 12084664405 EC--S 1313'37" 13102 em OK 32 03/85 17:108841159 EC--S 08'36" 082 071 OK -------------------------------------------------------------------------------------------- YUtlS~ Yosr -for fohlie- IUt1f1~- /rtaJ![(S! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 9, 2004 at 6:00 p.m. City Council Chambers 1. RolI.call Attendance: _ Shaun Wardle _ Bill Nary _ Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Ice Skating Facility by Charlotte Catlett: (.15 minutes) 4. Proposal for Employee Compensation - Pauline Skeggs and Stacy tCiJchenmann: (*20 minutes) 5. CUPI Day Care Jssue with Tara Gorton: 6. Parks and Recreation Commission Proposed Ordinance: 7. Executive Session per Idaho State Code &7-2345{1)(c): * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridifln C/!lI Pre-Council Agel\dll. - March 9, 2004 Page 1 of 1 All ma[~t81$ presented at public me~ln{)$ Shall become property of the Cily 01 MerIdian. Anyone desiring accommodation for diaBb~i\ies relalBd 10 documonts and/or l1earinll$ please ooolaellhs Cllll Clerk'n Offi<:>e at 66&4433 alleasl48 hours priorto Ihe public meeling. ( ** TX CO!.. ."MATION REPORT >ol< RS OF MAR 05 '04 17:35 PAGE. Ell CITY OF MERID]AN DATE TIME TO/FROM MODE. MIWSEC PGS CI1Dll STATUS Ell 03/05 17:11 2088840744 EC--S 00'36" 002 071 OK 02 03/05 17:12 POLICE DEPT EC--S 00'36" 002 071 OK 03 03/05 17:138985501 EC--S 00'36" 002 071 OK 04 03/05 17: 14 LIBRARY EC--S 0El' 45" 002 071 OK 0S 03/05 17: 15 92083776449 EC--S 00'36" 002 071 OK 06 03/05 17:16208 3B8 6924 EC--S 130'44" 002 071 OK 07 03/135 17: 18 2000886854 EC--S 00'36" 002 071 OK 08 03/05 17:19 ALL AMERlCAN INS EC--S 013'36" 002 071 OK 09 03/05 17:20 2138 895 03'30 EC--S 00'36" 002 071 OK 10 03/05 17:21 128300040 G3--5 00'45" 002 071 OK 11 03/05 17'23 200 387 6393 EC--S 00'36" 002 El71 OK 12 133/05 17:24 ADA CTY DEVELMT EC--S 00'41" 002 12171 OK 13 03/05 17:25 8885052 EC--S 0121'36" 002 1371 OK 14 1213/05 17:26 CHERRY LANE G3--5 1211'12" 002 071 OK 15 03/05 17:28 POST OFFICE EC--S 00'56" 002 El71 OK 16 03/05 17: 30 ] DAHO ATHLETJ C C EC--S 00'36" 002 071 OK 17 e3/05 17:31 887 0816 G3--S 01'13" 002 en OK 18 03/05 17:33 ]D PRESS TRIBUNE EC--5 00'36" 002 071 OK 19 03/05 17:34 20088867Ell EC--S 00'36" 002 El71 OK YULt5t.-- Ytlsf --for roh/i0 {Vt!/1C0 -I nClVl(5 ! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday. March 9. 2004 at 6:00 p.m. City Council Chambers 1. R.oll-call Attendance: ___ Shaun Wardle _ Bilt Nary Charlie Rountree Keith Bird --- ___Ma~r~mmydeW~ro 2. Adoption of the Agsnda: 3. Discussion of Ice Skating Facility by Charlotte Catlett: (*15 minutes) 4, Proposal for Employee Compensation - Pauline Skeggs and Stacy ICilchenman n: '-20 minutes) 5. CUPI Day Care Issue witll Tara Gorton: G. Parks and Recreation Commission Proposed Ordinance: 7. Executive Session per Idaho State Code G7-2345(1)(c): "Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Merid16n CIIy Pr....Council Agendo - Marth g, 2004 poge 1 of 1 All melor1ols P,eseoled 01 public m..UIlflS .hall b<!com. propurly ,,(the Ci:y or Merldl,n. Anyone dO$ir'ing a=mm.dollon r.llii6llbllili"" related '0 d.oumonl!; and/or heor.nga ph".. """tocl tho Clly Clerk'o om... at tJ88..4.ol33 at l...ot 48 hourT; prior lolhe pllblic mealing. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 9, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: )( Shaun Wardle + Charlie Rountree y )( Bill Nary ')( Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: (J/vLt-.r /rLttY.hnLJ<.7?-' ~:b ( 3. Community Invocation by Pastor Steve Moore with Cherry Lane Christian Church: ;rr-.ef~.uL 4. Adoption of the Agenda: ~ ve ~~d.e.-d.- 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 03- 018 Request for annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler I Cobbs I Eagy I Ruwe by BRS Architects - southwest corner and southeast corner of North Eagle Road and East Ustick Road: tJvf"~v-t- B. Findings of Fact and Conclusions of Law for Approval: VAR 04-001 Request for a Variance to ordinance MCC 11-9-1 height restrictions in a C-G zone for Silverstone Corporate Center & Business Center by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: ar'fY1"~ C. Findings of Fact and Conclusions of Law for Approval: AZ 03- 028 Request for Annexation and Zoning of 7.98 acres from RUT to R-8 zones for proposed Cobblefield Crossing Subdivision No.2 by Initial Point, LLC - 1295 West McMillan Road: ~OV<- D. Findings of Fact and Conclusions of Law for Approval: PP 03- 033 Request for Preliminary Plat approval of 40 single-family building lots and 7 common lots on 7.98 acres in a proposed R-8 zone for proposed Cobbletield Crossing Subdivision No.2 by Initial Point, LLC -1295 West McMillan Road: ~(/'<-- Meridian City Council Agenda -March 9, 2004 Page I of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. p. - (! , fJ I a/)Il,n~: f 2" fY1 j (. 'k MptJ-h:<-f-J Uf -e.- In- ~.~J Cth-0 T~tt G 0 I-~ . '- ~cee.d b/lH,-" ;""'l'rcUt~v.J ~fC.e47t71-- E. Findings of Fact and Conclusions of Law for Approval: CUP 03~059 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontage, lot size, minimum house size and street side building setback in a proposed R-8 zone for proposed Cobblefield Crossin" Subdivision No.2 by Initial Point, LLC -1295 West McMillan Road: ~v-<- F. Development Agreement: AZ 03~023 Request for annexation and zoning of 11 acres from RUT to R-8 zones for proposed Soda Sprin"s Subdivision by JLJ Enterprises, Inc. -- 2310 and 2384 East Victory Road: aprV1C..- 6. Department Reports: A. Public Works Department - Brad Watson 1. Discussion of Water Division Space Analysis Study: (JtJYV-/7h~ 10 fJyoce.ed-'1Jte. S"-Iu-d:1- 7. Mayor's Office 1. City Hall Site Selection Process: a.hY.H77vae Pt~t'{f.:rn.-CP. ~fla-J;.-:J - II. - 1/-/f7; 9139. -5 2. Discussion of City Mission Statement: t&f/Prrv;!J!o ~(J~ 3. Mia 1nt/~fJv draw - fJlt.{j roll - ;Vllft~) reSerUtfij)yv (Items Moved from Consent Agenda) B. 8. Tabled from March 2, 2004: FP 04-008 Request for Final Plat approval of 56 single-family residential building lots and 2 common lots on 17.8 acres in an R-4 PO zone for Lochsa Falls Subdivision No.9 by Lochsa Falls, LLC - west of North Linder Road and south of West Chinden Road: ~~v~ Tabled from March 2, 2004: FP 04-007 Request for Final Plat approval of 26 single-family residential building lots and 1 common lot on 11 .96 acres in an R-4 PO zone for Lochsa Falls Subdivision No.1 0 by Lochsa Falls, LLC - west of North Linder Road and south of West Chinden Road: ~~ Continued Public Hearing from February 24, 2004: AZ 03~035 Request for Annexation and Zoning of 70.64 acres from RUT to R-8 zone for proposed Settlement Brid"e Subdivision by Capital Development - 2205 East McMillan Road: . /'j ( L. cv-(i1v-r/V!..I.;J /--17 (/Yep cvz..L -r/ 'F (- c -e (f7;n'"" ~V' ~ Continued Public Hearing from February 24, 2004: PP 03-041 Request for Preliminary Plat Approval of 266 single-family residential building lots and 34 common lots on 70.64 acres in a proposed R-8 zone 9. 10. 11. Meridian City Council Agenda -March 9,2004 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 12. 13. 14. 15. 16. 17. 18. 19. for proposed Settlement Bridge Subdivision by Capital Development - 2205 East McMillan Road: F'j . /' ~ ;-.0 ~~. rtP{c(..{ d'VY~4-€- Continued Public Hearmg from February 24, 2004: CUP 03-065 Request for Conditional Use Permit for a Planned Development to allow single family residential and attached single family in a proposed R-8 zone for proposed Settlement Bridge Subdivision by Capital Development - 2205 East McMillan Road: /;/ I I' /L:.. ~ t:Vff1;7I1.-e-'j 10 ;re;>t'iA.-C </1',;:: ~ c- N rvr ~ Public Hearing: PP 03-045 Request for Preliminary Plat approval of 18 building lots and 3 other lots on 5.7 acres in an L-Q zone for proposed Roundtree Subdivision by Rennison Engineering - north of West Pine Avenue a,nd east of North Linder Road: / L: _ AA _.. - a-rT?rAe!J /-t>,PM? ~u.<-- c/l ~ '" c:/-f rrl7Y ~~ Public Hearing: CUP 03-069 Request for a Conditional Use Permit for a Planned Development for 18 residential 4-plex buildings on one lot in a L- a zone for proposed Roundtree Subdivision by Rennison Engineering - north of West Pine Avenue and east of North Linder Road: f'1..-~':J J-c ~t(i/\.( ~/~.( c/-e ~~/a...e..- Public Hearing: RZ 03-013 Request for a Rezone of 5.51 acres from R- 4 to C-N zones for proposed Cedar SprinQs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: (;~r)?'7-~ jJ I It.- -;4? 3---16 - tJ? Public Hearing: PP 03-044 Request for Preliminary Plat approval of 5 commercial building lots and 1 common lot on 5.51 acres in a proposed C- N zone for proposed Cedar Springs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: ~~~ p/h ~ J--16-tJ.(-- Public Hearing: CUP 03-067 Request for a Conditional Use Permit for a Planned Development for four office buildings, a car wash, two fuel pumps and a drive through coffee stand in a Neighborhood Center designation for proposed Cedar SprinQs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: ~h}?U(. J? III.. fp J --16-0 f- Public Hearing: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: [vrvIJ n'-UV pili- fo '3 '" 2- J..- ~ 4- Public Hearing: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: C~'htA..€- piA I-v 1---2-'3-04- Meridian City Council Agenda -March 9. 2004 Page 3 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. 20. Public Hearing: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: ('(T)I.:fu,"U!/ jJ/h k 3-2-1-of- 21. Ordinance No. 04- -1& [; c; : RZ 03-012 Request for a Rezone of .85 acre from R-15 to 0- T for proposed Strickland Subdivision by Roy Strickland - 1225 Main Street: ~t/..e..- 22. Ordinance No. {} 4- - I a 70 : AZ 03-023 Request for annexation and zoning of 11 acres from RUT to R-8 zones for proposed Soda Sprinas Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: ~()v-e- 2 ~, )111.)J-aLe~s fk.I'Yl.f Meridian City Council Agenda -March 9, 2004 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. March 4, 2004 AZ 03-018 MERIDIAN CITY COUNCIL MEETING APPLICANT BRS Architects March 9, 2004 5-A ITEM NO. REQUEST Findings: Request for annexation and zoning of 43.86 +j- acres from RT to C-G zones for Kissler j Cobbs j Eagy j Ruwe - southwest corner and southeast comer of North Eagle Road and East Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings MfvV Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. MAR 0 if City OfMpridian (~ity WHITE PETERSON KEVIN E. DINIUS JULIE KLEIN FrSCHER WM. F. GrOR.\.Y, III T. GUY HALL'JIl. WILLIAM A. MORROW WILLrMr F. NICHOLS. CIHllSTOPHERS. Nn WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. PHILlPA. PETERSON ^, LA NAMPA OFFICE TODD A. ROSSMAN fi'ITO RNEYS AT W 5700 E. FRANKLIN RD.. DAVID M. SWARTLEY SULTE200 PAMELAJ. TARLOW TERRENCE R. WHITEn NAMPA, IDAHO 83653-8402 NrcfroLlS L. WOLLEN TEL. (208) 466-9272 FAX (208) 466-4405 . Also admitted in OR n Also admitted in WA February 26, 2004 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: KISSLERfCOBBSIRUWE I ANNEXATION AND ZONING FINDINGS I DEVELOPMENT AGREEMENT / AZ ORDINANCE & CERTIFICATION OF CLERK I SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER I AZ-03-018 Dear Will: Please find enclosed the original ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of February 24,2004, and which are on an upcoming Council agenda. I have also attached the original of the Development Agreement for the owner(s) aneIJor developer(s) signatures. After the Council meeting, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners(s) aneIJor developer(s) for signatures. Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findines of Fact and Conclusions of Law and Decision and Order Grantine Application for Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Very truly yours, Wm. F. Nichols Z:\Work\M\Meridiun\Meridian 15360M\K.issler Cobbs Eagy Ruwe AZ-03-0 18\FFCL and ORD and SUM ORD Clerk Ltr 0226 04.dcc BEFORE THE MERIDIAN CITY COUNCIL C/C 02/24/04 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 36.33 ACRES ) FOR PROPOSED ) KISSLER/COBBS/RUWE, ) LOCATED ON THE SOUTH SIDE ) OF US TICK ROAD ON THE EAST ) AND WEST SIDES OF EAGLE ) ROAD/SH 55, MERIDIAN, IDAHO ) ) BRS ARCHITECTS, ) APPLICANT Case No. AZ-03-018 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 October 14, 2003 and continued until October 28,2003, November 5,2003, January 20,2004, and February 24,2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Billy Ray Strite, Greg Eagy, Steve Grant, Jim Lau, and Eric Davis, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERlCOBBSIRUWE (AZ-03-0 18) PAGE 1 OF 23 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6,2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 36.33 acres in size and is located on the south side of Us tick Road on the east and west sides of Eagle Road/SH-55, 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: - Ruwe (2 parcels) - Kennevick/Cobbs/Jordan (1 parcel) - Kissler (l parcel- east side) 10.50 ac. 4.48 ac. 21.35 ac. 36.33 ac. * TOTAL ACREAGE All property owners have provided notarized consent for the subject application. * Additionally, since the filing of the Annexation and Zoning application, Mr. Eagy, who owns 3 parcels consisting of 11.915 acres, withdrew his application at the City Council meeting held on November 5,2003. The 36.33 acres does not include the Eagy parcel. 5. Applicant is BRS Architects. 6. The property is presently zoned RUT and consists oflow density residential and vacant land. 7. The Applicant requests that the property be zoned as C-G (General Commercial). 8. The subject property is surrounded by the following properties: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERlCOBBSIRUWE (AZ-03-0 18) PAGE 2 OF 23 ( North - One single family residence on 1.5 acres, zoned RUT (Ada Co.); large, undeveloped parcels, zoned RUT, and owned by W.H. Moore and Caven, Inc. (both designated as MU-Regional on the Future Land Use Map) South - On the west side of Eagle Road, an undeveloped, 17-acre parcel, zoned RUT (no existing residence); on the east side of Eagle Road, an undeveloped 21-acre parcel, zoned RUT. The 2 I-acre parcel is owned by Harty and Frances Btyson and is proposed as part of the pending Redfeather Estates annexation to a C-G zone (public hearing on 9-18-03). East - Two rural residential and pasture land parcels, zoned RUT (Ada Co.), both owned by the same party; the parcel with Ustick frontage has an existing residence; designated as Mixed Use-Regional on Future Land Use Map West - Five (5) existing residential lots within Carol's Subdivision, zoned R-I (Ada Co.) 9. The Applicant has submitted a Concept Plan with the Annexation and Zoning of 36.33 acres to C-G, with the Concept Plan dated December 22,2003 showing Commercial uses, Commercial/Office uses, High Density Commercial uses, Multi-family residential uses, Residential uses, and Transitional uses, and all uses shall be required to go through the Conditional Use Permit process for approvaL 10. The Applicant requests zoning ofthe subject real property as C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which designates the subject property as Mixed Use-Regional. II. There are no significant or scenic features of major importance that affect the consideration of this application. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian plallllingjurisdiction, public facilities and services required by the proposed development will not impose expense upon the public ifthe following conditions of development are imposed: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER/COBBSIRUWE (AZ-03-018) PAGE 3 OF 23 f \ A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. The parcel is contiguous to existing city limits. 2. Essential City services will be made available to the subject property. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the three (3) property owners. (Mr. Eagy withdrew his Annexation and Zoning request at the November 5,2003 City Council meeting.) The DA shall require that all future uses within the boundaries of this annexation only be approved through the Conditional Use Permit process and either a public or private backage street parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any CUP applications being submitted for any of the three (3) parcels on the west side of Eagle Road/SH 55. Any residential uses required by the City Council shall also be addressed as part of the DA. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VII) as applicable to all future development within the boundaries of this annexation: Transportation Policies Applicable to the Kissler Annexation: · "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms oftransportation such as transit, walking, and cycling. · New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. · In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. · Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality oflife. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER/COBBSIRUWE (AZ-03-0 18) PAGE 4 OF 23 New and existing developments should ensure that the guidelines laid out in this plan are adopted. · Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." Mixed Use Development Policies Applicable to the Kissler Annexation: · "Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26,55 or 69; · Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a fonnal development application being submitted; · In developments where multiple commercial 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; · Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 4. 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 ofthe ACHD as follows: 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48-feet of right-of-way from centerline along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER/COBBSIRUWE (AZ-03-0 18) PAGE 5 OF 23 b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of300-feet from an arterial roadway (measured centerline to centerline). 3. Construct any driveways that are proposed to intersect Us tick Road to align or offset a minimum of 230-feet from any existing orproposed driveway or street. 4. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. 5. Comply with requirements ofITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334-8300. 6. Comply with all Standard Conditions of Approval. 7. Any existing irrigation facilities shall be relocated outside of the right-of-way. 8. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 9. 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. 10. 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. 11. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE (AZ-03-018) PAGE 6 OF23 procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 12. 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. 13. 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. 14. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 15. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIG LINE (1-800-342-1585) at least two full business days prior to 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. 16. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 17. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. (IFC) 2. Acceptance of the water supply for fire protection will be by the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER/COBBSIRUWE (AZ-03-018) PAGE 7 OF 23 Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. D. Adopt the Recommendations of the State of Idaho Transportation Department as follows; 1. SH/55 has been designated a Principal Arterial. IDT would like to preserve this corridor by recognizing the following conditions: a. Future right of way widths will be: A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. 2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) may be permitted in special cases and on a temporary basis as follows: (1) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. (2) Shall be recorded at the County Recorders Office. (3) Temporary access restrictions will be noted on the permit. 3. Noise abatement (berms, fences, etc.) will be the responsibilityofthe developer and will be constructed off of the State right -of-way. E. Adopt the action ofthe City Council taken at their February 24,2004 meeting as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERlCOBBSIRUWE (AZ-03-018) PAGE 8 OF 23 1. All uses must be approved tlrrough the Conditional Use Permit process as shown on the Concept Plan, dated: DEC. 22 2003, NO. 1529, as presented at the February 24, 2004 City Council meeting, and which Concept Plan is hereby approved and attached hereto as Exhibit "C". 13. It is found that the 2002 Comprehensive Plan Future Land Use Map designates all of the subject properties as "Mixed Use - RegionaL" The purpose of this designation is "to provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. . .and to identifY key areas [of the City] which are either infill in nature or situated in highly visible or transitioning areas of the City where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." (See Chapter VII, pg. 97.) The requested C-G zoning generally conforms to this stated purpose and intent of the MU-Regional designation. It is also found that the following 2002 Comprehensive Plan text policies to be applicable to this application: Mixed Use Area Comp Plan Policies (from Chapter VII) · All development within this designation will occur only under the Conditional Use Permit process, except the Mixed Use-Regional (areas). A CUP application would not be needed (for developments within the MU-Regional area) unless a project lies within 300 feet of an existing residence or school or CUP is othelWise required per ordinance. · Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69. · Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KlSSLER/COBBS/RUWE (AZ-03-018) PAGE 9 OF 23 · Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. · Residential density allowed of 3 to 40 units/acre. · No upper limit of non-residential uses (square footage). (See Chapter VII, pgs. 97-98, for the above-mentioned mixed use policies.) · Permit new. . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter IV, Goal I, Obj. A, #6) · Encourage high-tech, research, pharmaceutical firms and high-quality retail facilities. (Chapter IV, Goal II, Obj. A) · Require all developments adjacent to designated entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on the site adjacent to the roadway. (Chapter V, Goal III, Obj. B, #8) · Eagle Road is the major north-south arterial in Ada County. The capacity ofthis arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997. (Chapter VI, Subsection 2, pg. 71) · Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. (Chapter VII, Goal I, Obj. B, #5) · Develop incentives for high-density development along major transportation corridors to support public transportation system. (Chapter VII, Goal IV, Obj. D, #7) 14. The general vicinity ofthis project is experiencing a rapid change from agricultural and low density residential uses to commercial/urban type development. Carol Professional Center is a six acre office park (zoned L-O) located less than a ~ mile south of the subject property on the west side of Eagle Road. Municipal water was extended east of Eagle Road a few years ago to serve Summer's Funeral Home. Providence Place Subdivision is a large, urban density residential FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERlCOBBSIRUWE (AZ-03-0 18) PAGE 10 OF 23 subdivision located in Boise City less than 800 feet east of the Kissler parcel. W.H. Moore Company, who owns the 55+ acres at the NW comer of Us tick and Eagle, has had numerous discussions with the City regarding their intentions to develop a commercial/office park. It is found that a rezone of the proposed property would be compatible with other land use and facility changes in the area. 15. No uses are proposed with this application. Certain permitted uses in the C-G zone such as bus stations, outdoor entertainment uses, wholesale facilities and service stations, could have a negative impact on the existing residential uses, especially upon Carol's Subdivision. The other existing singl e- family uses near the subj ect property (the N esmi th and Dealy parcels) are designated as future mixed use in the comprehensive plan. It is found that any future uses, if designed, constructed and operated in accordance with adopted city ordinances and future CUP applications, should be harmonious and appropriate in appearance with the existing character of the vicinity. 16. It is found that the majority of future uses on the subject property will not be hazardous or disturbing to existing or future neighboring uses if the requirements of all development and landscaping ordinances are met. Some uses may be disturbing to existing residential uses to the west but mitigation by conditions imposed through the Conditional Use Permit process should minimize those impacts. 17. It is found that roadway improvements will be required on Ustick Road to handle the additional traffic generated by future development. Sanitary sewer and water are either currently available or under construction to provide service to the area. All other public services and facilities noted above appear to be adequate to service this property. 18. It is found that this development will not cause excessive additional requirements at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING FOR KISSLER./COBBS/RUWE (AZ-03 -0 IS) PAGE 11 OF 23 public cost. The South Slough Trunk extension was funded by the City of Meridian. Other required site improvements will be funded and constructed by the developer. It is also found that the annexation and zoning alone will not be detrimental to the community's economic welfare. 19. It is found that several of the allowed uses in the C-G zone may involve activities, processes, materials, equipment or conditions that could produce excessive traffic and noise and have other public impacts. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of some uses such as fire hazards, bulk storage, and contractor's yards. To comply with this finding, it is recommended that a CUP be required for future uses, paying particular attention to uses along the shared boundary of Carol's Subdivision. 20. It is found that any future uses will impact the level and flow of traffic on the surrounding streets. Specific traffic counts will be determined at the time of development application. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), it is found that the number of vehicular access points to U stick and Eagle Roads should be restricted and comply with ACHD policies in order to preserve the capacity and movement on these roadways at build-out. 21. It is found that the Milk Lateral bisects the proposed annexation properties and that the annexation alone will not result in the destruction, loss or damage of other natural features. 22. It is found that the aImexation of this property would be in the best interest ofthe City for the following reasons: · increased commercial land base available to filture developers; · increased property tax revenue; · municipal services are available to the area; and · application substantially complies with the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER/COBBSIRUWE (AZ-03-0 18) PAGE 12 OF 23 It is also found that, based upon the information submitted in the application, it is difficult to fully determine "best interest" factors, since no future users are known at this time. The CUP/PD process does grant the City a fairly high degree of design and use review authority, but the additional demand on staff to process such applications should also be considered. 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. 12, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 24. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERlCOBBS/RUWE (AZ-03-0 18) PAGE 13 OF 23 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 "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Chapter VII, pgs. 97 and 98 Chapter IV, Goal I, Obj. A, #6 Chapter IV, Goal II, Obj. A Chapter V, Goal Ill, Obj. B #8 Chapter VI, Subsection 2, pg. 71 Chapter VII, Goal I, Obj. B, #5 Chapter VII, Goal IV; Obj. D, #7 5. The zoning of(C-G) General Retail and Service Commercial is defined in the Zoning Ordinance at S 11-7-2 K as follows: fe-G) General Retail And Service Commercial District: The purpose ofthe C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KlSSLERJCOBBSIRUWE (AZ-03-018) PAGE 14 OF 23 authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 36.33 acres to (C-G) General Retail and Service Commercial is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of36.33 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERJCOBBSIRUWE (AZ-03-018) PAGE 15 OF 23 conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. The parcel is contiguous to existing city limits. 2. Essential City services will be made available to the subject property. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the three (3) property owners. (Mf. Eagy withdrew his Annexation and Zoning request at the November 5,2003 City Council meeting.) The DA shall require that all future uses within the boundaries of this annexation only be approved through the Conditional Use Permit process and either a public or private backage street parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any CUP applications being submitted for any of the three (3) parcels on the west side of Eagle Road/SH 55. Any residential uses required by the City Council shall also be addressed as part of the DA. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VII) as applicable to all future development within the boundaries of this annexation: Transportation Policies Applicable to the Kissler Annexation: · "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms oftransportation such as transit, walking, and cycling. · New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. · In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes oftransport. Improvement in and encouraged use of public transit systems is an important first step. Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERlCOBBS/RUWE (AZ-03-018) PAGE 16 OF 23 transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. . Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality oOife. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VIA. New and existing developments should ensure that the guidelines laid out in this plan are adopted. . Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." Mixed Use Development Policies Applicable to the Kissler Annexation: . "Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26,55 or 69; . Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a fonnal development application being submitted; . In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some fonn of common, usable area, such as a plaza or green space; . Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 4. 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 the ACHD as follows: 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KlSSLER/COBBSIRUWE (AZ-03-0 18) PAGE 17 OF 23 applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48-feet of right-of-way from centerline along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of300-feet from an arterial roadway (measured centerline to centerline). 3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of230-feet from any existing or proposed driveway or street. 4. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. 5. Comply with requirements of ITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334-8300. 6. Comply with all Standard Conditions of Approval. 7. Any existing irrigation facilities shall be relocated outside of the right-of-way. 8. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 9. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER/COBBSIRUWE (AZ-03-0 18) PAGE 18 OF 23 \. 10. 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. 11. 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. 12. The applicant shall submit revised plans for staff approval, prior to issuance of building penuit (or other required permits), which incorporates any required design changes. 13. 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. 14. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 15. It is the responsibility ofthe applicant to verify all existing utilities within theright-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. 16. 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. 17. Any change by the applicant in the plmmed use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KlSSLER/COBBSIRUWE (AZ-03-018) PAGE 19 OF 23 ]. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. (IFC) 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front affire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. D. Adopt the Recommendations of the State of Idaho Transportation Department as follows: 1. SH/55 has been designated a Principal Arterial. IDT would like to preserve this corridor by recognizing the following conditions: a. Future right of way widths will be: A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. 2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) may be pennitted in special cases and on a temporary basis as follows: (1) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. (2) Shall be recorded at the County Recorders Office. (3) Temporary access restrictions will be noted on the permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KlSSLERlCOBBS/RUWE (AZ-03-018) PAGE 20 OF 23 3. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State right-of-way. E. Adopt the action of the City Council taken at their February 24,2004 meeting as follows: 1. All uses must be approved through the Conditional Use Permit process as shown on the Concept Plan, dated: DEC. 222003, NO. 1529, as presented at the February 24, 2004 City Council meeting, and which Concept Plan is hereby approved and attached hereto as Exhibit "C". 4. The City Attorney shall prepare for considerati on by the Ci ty Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject ofthe application to (C-G) General Retail and Service Conunercial District, and Meridian City Code S 11- 7-2. 5. Subsequent to the passage ofthe Ordinance provided for in section 4 ofthis Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERlCOBBSIRUWE (AZ-03-0 18) PAGE 21 OF 23 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the q-r6. day of !JzdAJ;~ ,2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED~ VOTED$t:c COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD VOTED ~ MAYOR TAMMY de WEERD (TIE BREAKER) DATED: :]-1- tfJ4-- MOTION: APPROVED:-X- DISAPPROVED: VOTED ~~ MayorT;;: a~-eerd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER/COBBSIRUWE (AZ-03-018) PAGE 22 OF 23 Attest: \\\\11111 11111// \\\ II III ",\., ~I Of r'rli12/i'f) (1// ~ :4\' ir(p,,/ ............... ~ A ','1 'l $'" \.r 00.POF?.q _~ 't- ~ ~ ~(j I<~~_.. " ~ ~ ~ v \' ::::. ~ ~ :: \ :: ::: S~ lt~, r I = ~ ~~1U) = -; ~~~~- ~ 1'.: u {'~ 0 ..:::- ~ IS' s""f. .)<; $ William G. Berg, Jr., City C rk ~/ (\,.. ,\:)"", :-,$" "1',,/-;uUNT'l. '\\'-,.... Copy served upon Applicant, the Planning and Z~~{;;gDbp~~ent, Public ~pJlksID#p,artment and \\\. n A I11, the City Attorney. ,,"\i Of HilEtTq"l 11/1/ ...' ~~ 41 'l .t c) ~Ob. . 1/ ~ ::; ..cP ''''l;-~ s J-f-tJ4- f ~ () ~ - SEAL -,..: (1) ~ t"...._ cO- -;,-<;..t '\) ,Q :2 ~ "'0 :Sr 1S\ ' / ,-:;' :::: ~ ~ a <.."-~ /,/ Of !1' r"T~.[ . ' :- ' It/jl)'-"l~'''~~: ~,,~::\\\\\." By: JI~~~~Dated City Clerk Z:\ Work\M\Mcridian\Meridian I 5360M\Kiss1er Cobbs Eagy Ruwc AZ-03-0 18\AZFfCl&OrdcLdoc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE (AZ-03-0 18) PAGE 23 OF 23 March 4, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Sundance Investments V AR 04-001 March 9, 2004 5-6 ITEM NO. REQUEST Findings - Request for a Variance to ordinance MCC 11-9-1 height restrictions in a C-G zone for Silverstone Corporate Center & Business Center - southeast comer of East Overland Road and South Eagle Road 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: IDAHO TRANSPORTATION DEPT: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings ~~ Date: Staff Initials: Phone: Contacted: Emailed: Materials presented at public meetings shall become property of the City of Meridian. n u Interoffice r;ity .. Meridian (;jty Clerk Office MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Silverstone Corporate Center & Business Center - By: Sundance Investments / (V AR-04-00 I) Date: March 2, 2004 Please find attached the original of the Findings of Fact and Conclusions of Law and Decision and Order Granting a Variance, pursuant to action of the Council at their February 24, 2004 meeting. The Findings will be on an upcoming Council agenda. Please serve conformed copies ofthe 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 I 5360M\Silverstone Corporate Center & Business Center V AR-04-001\berg V AR LIT 0302 04.doc J;;.. ?fJ!1 b .1 L.t,\.} I interoffice MEMORANDUM CIty Of Meridi.un C.;t" r.181'1{ Ofhce r 1 'j 1.,..1 ~ To: William G. Berg, 1r. From: Subject: Silverston orporate Center and Business Center File: V AR-04-001 Date: March 4,2004 Attached to this memo is the legal description for the building to which the variance was granted for the above application, allowing a building height not to exceed sixty feet (60'). Please place this memo with the original V AR findings because the findings refer to a legal description on file in the office of the City Clerk. The legal description was provided by Dave McKilUlon from Pinnacle Engineering. Cc; Dave McKinnon Z:\ Work\M\Meridian\Mcridian I 5360M\Silverstone Corporatc Ccnter & Busincss Centcr V AR-04-00 l\Berg @ legal Memo 03 04 04.doe BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF SUNDANCE ) INVESTMENTS, LP, FOR A ) VARIANCE TO ORDINANCE MCC ) 11-9-1 HEIGHT RESTRICTIONS IN A ) C-G ZONE FOR SILVERSTONE ) CORPORATE CENTER & BUSINESS ) CENTER, LOCATED ON THE ) SOUTH SIDE OF OVERLAND ROAD, ) APPROXIMATELY A v.. MILE EAST ) OF EAGLE ROAD, MERIDIAN, ) IDAHO C/C 02/24/04 V AR-04-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on February 24, 2004, and Anna Powell Planning Director for the Planning and Zoning Department, Cornell Larsen and Edward Thomas, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / V AR-04-001 SUNDANCE INVESTMENTS, LP / SILVERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDMSION PAGE 1 OF II Resolution No. 02-382 and Maps. 2. The requirements ofIdaho Code SS 67-6509) 6516 and Meridian City Code SS 11-15- 5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Sundance Investments, LP whose address is 9100 W. Blackeagle Drive, Boise, Idaho 83709. 4. The owner of record of the property is Sundance Investments) Limited Partnership, whose address is 9100 W. Blackeagle Drive, Boise, Idaho 83709. 5. The location of the subject property is presently located on the south side of Overland Road) approximately a 14 mile east of Eagle Road. The subject area lies within both Silverstone Corporate Center and Silverstone Business Campus. The property is designated as "Mixed Use- Regional" in the Future Land Use Map of the 2002 Comprehensive Plan. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description and Vicinity Map appear in the record of proceeds ofthis matter, and which are on file with the Meridian City Clerk's office located at 33 E. Idaho Street, Meridian. 7. The present land use of subject property is presently zoned as C-G (General Retail and Service Commercial District), and which subject property is presently commercial. 8. The proposed land use of subject property is to develop the subject property in the following manner: commercial. 9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / V AR-04-00 1 SUNDANCE INVESTMENTS, LP / SILVERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDIVISION PAGE 2 OF 11 proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required has been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, S 11-9-1, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, and in the C-G zone, which provides as follows: 11-9-1 ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS: See following page for "Zoning Schedule Of Bulk and Coverage Controls" table. ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS Maximum Lot Maximum Minimum Street Minimum futerior Street Coverage Building (In Frontag Lot District Area(8) Front Rear Side Side Percent) Height e(5) - R-2 18,000 sq. ft. 25' IS' 7.5'/story 20' 100'(5) R-3 12,000 sq. ft. 25' IS' 7.5'/story 20' 90'(5) R-4 8,000 sq. ft. 30'(1) 15'(7) 5' 25'(1) 35' 80' Per DU 20'(2,9) 20'(2,9 ) R-8 6,500 sq. ft. 30'(1 ) 15'(7) 5' 25'(1 ) 35' 65'(3) (3) Per DU 4,000 sq. 20'(2,9) 15'(7) 5' 20'(2,9) 35' 40'(4) ft. (4) Per DU per DU R-15 2,400 sq. ft. 20'(2,9) 15'(7) 5'/story 20'(2,9) 40' 50' Per DU R-40 20' 15'(7) 0 20' 40' L-O 7,000 sq. ft. 30'(1 ) 25'(1 ) 20'(2) 20' 5'(5) 20'(2) 50% 35' 50' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE IV AR-04-00 I SUNDANCE INVESTMENTS, LP I SILVERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDIVISION PAGE 3 OF 11 C-N C-C C-G RSC OT TE I-L M Notes: 4-8 acres 151 8-30 acres 25' 15' 0 75 + acres 70' See district regulation for correspondin guse proposed 80(6) acres 35' 35' 0 20 acres 601 25' 10' 0 70% 0 0 0 70% 0 0 70% 40' 0 0 30' 70% 35' 40' n/a n/a 40' 20' 20' 30' 60% 40' o n/a o 30' 70% 39' n/a 15' 10' 10% 80' (1) Arterial and collector streets. (2) Local streets. (3) Single-family detached dwellings. (4) Single-family attached dwellings and two-family dwellings (duplex). (5) Street frontage on cul-de-sac lots shall be a minimum of 40 feet measured as a chord measurement. Street frontage for 1 or 2 lots sharing a cornmon driveway shall be a minimum of IS feet. Street frontage for 3 or 4 lots sharing a common driveway shall be a minimum of 10 feet. Street frontage for flag lots that do not share a cornman driveway shall be a minimum of 30 feet. (6) A smaller minimum lot area may be requested and granted if deemed feasible. (7) On corner lots in residential districts, the rear setback may be determined on a side of a structure, at the option of the builder. (8) Minimum lot area shall be determined exclusive of land that is used for streets, highways, alleys, roads, rights of way, irrigation easements unless the water is conveyed through pipe or tile and included as part of the utility easement that generally run along the lot lines, and land that is used for the conveyance of irrigation water, drainage water, creek or river flows. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / V AR-04-001 SUNDANCE INVESTMENTS, LP / SILVERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDMSION PAGE 4 OF 11 (9) The setback may be reduced to 15 feet for living areas and side entry garages in accordance with MCCII-9-2D3. 11. All property owners within three hundred feet (300') ofthe external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 12. The applicant is requesting a variance from section 11-9-1 ofMCC, which prohibits buildings from exceeding 40 feet in height in the C-G zone. As defined in MCC 11-2-2, building height is measured from the finished grade at the front of the buildings to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the top of building walls for gable, hip and . gambrel roofs. The applicant is requesting a maximum height allowance of60 feet, a 66% increase, within approximately 44 acres of the 158-acre Silverstone development. The building site has purposely been located to the south, which places the building away from the neighbors on the north along Overland Road. The applicant's standard building design and prototype for this use requires a three story building. The building is already designed, and it would pose an economic hardship to redo the design of the building. The variance would only apply to the 28 acres, and would not include the entire Silverstone Business Campus. The building design, as presented at the City Council February 24, 2004 meeting, revealed that the building footprint was substantially below the allowable 70% maximum building coverage for the property. 13. The applicant states that the hardship which prohibits compliance with the ordinance is the "unique nature of the site" and a desire to "plan for heights that would allow for three story FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / V AR-04-00 1 SUNDANCE INVESTMENTS, LP / SILVERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDMSION PAGE 5 OF 11 strucutures." Additionally, the wetlands (as classified by the Corps of Engineers) and the ACHD stonnwater pond/facility limit the buildable area within the development. The Eight Mile Drain is also a sizeable irrigation facility, over 1,500 feet in length on this parcel, with an 80-foot wide easement, all of which is non-buildable area (approx. 2.75 acres). 14. Applicant states thatthe potential tenant has a requirement for 12" access flooring and large volume HV AC needs, thereby increasing the height of the parapets to effectively screen the roof equipment. This is the primary reason for the increased height and for this application. The proposed building is 170,000 sq. ft. in size, and since the building exceeds 100,000 sq. ft., this would certainly be a special and unique circumstance not replicated elsewhere in Meridian. 15. It is felt that it is unreasonable to require all buildings within Silverstone to comply with the MCC 11-9-1 to construct to the allowable height. Additionally, the wetlands and the ACHD stonnwater retention pond do pose unusual conditions. 16. It is anticipated that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. It is likely that some view corridors of adjacent properties may be restricted compared to existing conditions. Additionally, the building site has purposely been located to the south, which places the building away from the neighbors on the north along Overland Road. 17. It is found that the issuance of the requested variance to allow 60-foot heights within the C-G zone within a commerciaVindustrial development does not have the effect of altering the purpose and interest of the Zoning Ordinance. It is unlikely the ordinance authors envisioned a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE I V AR-04-001 SUNDANCE INVESTMENTS, LP I SILVERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDIVISION PAGE 6 OF 11 facility of this size or magnitude within the city limits. The variance application lists several Comprehensive Plan policies which support the construction of new business and economic development opportunities. 18. Staff is unaware of provisions ofIdaho Code that would be violated by the issuance of the requested variance. 19. The variance would not constitute any special privilege for the property owner that could not be sought by owners of other land in the same situation, and the request does not conflict with any provisions ofthe Comprehensive Plan. 20. The granting of the requested variance will not be detrimental to the Public's welfare or injurious to other property in the area ofthe proposed building 21. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 22. The applicant paid the fee established by the City Council for application variance. 23. The applicant shall be required to comply with the conditions and requirements of the State ofIdaho Transportation Department listed in their letter dated February 7,2004. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use PlaIll1ing Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions ofIdaho Code S 67-6516 to provide as part of its zoning ordinance for the process of applications for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / V AR-04-00 1 SUNDANCE INVESTMENTS, LP / SILVERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDMSION PAGE 7 OF 11 variance permits. 2. The City of Meridian has exercised its authority of Idaho Code g 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code g 11-18. 3. That the requirements for the processing ofa variance request are set forth in Idaho Code g 67-6509, 6516 and Meridian City Code gg 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code S 11-18-2, and the findings which are required are set forth in Meridian City Code g 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adj acent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting ofa specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. DECISION AND ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A V AlliANCE / V AR-04-00 1 SUNDANCE INVESTMENTS, LP / SILVERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDIVISION PAGE 8 OF 11 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: I . That the Applicant is hereby granted a variance to ordinance MCC 11-9-1 height restrictions in a C-G zone for Silverstone Corporate Center & Business Center. The applicant shall be required to comply with the conditions and requirements ofthe Idaho Transportation Department listed in their letter dated February 7,2003, and the variance would only apply to the 28 acres, and does not include the entire Silverstone Business Campus. Additionally, the lot coverage shall be required to stay below the allowable 70% since the building height has been approved. The applicant shall also comply with the requirements, recommendations and conditions of the Idaho Transportation Department, as well as with the existing Development Agreement for this commercial subdivision, except for the conditions as stated within this paragraph 1. The maximum allowable building height granted by this variance is sixty feet (60'). 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 fmal 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 DECISION GRANTING A VARIANCE / V AR-04-00 1 SUNDANCE INVESTMENTS, LP / SILVERSTONE CORPORATE CENTER & BUSINESS C.M1PUS SUBDIVISION PAGE 9 OF 11 Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code Section 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 a variance authorizing a variance of the Cul-de-sac Requirements in the R-4 Zone as provided in the Section 12-4-2.F. and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the 14 day of III MeA- , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED $a....-- VOTED~ VOTED*V COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED 3-tf-'{}4- DATED: MOTION: APPROVED: X f DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / V AR-04-001 SUNDANCE INVESTMENTS, LP / SILVERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDIVISION PAGE 10 OF 11 ~~~ \,\\1HlnrU/f" 0 ""\~ Of MERI;;'II;I S'''...~ . ~ ......-;.. :! V' c,ofl.poFLq /; '1-....~ ~ ~ <t ~ ~ - ~ - ~ = SEl"Jl.L ~.,.,~ ,{? g % "h.,& ?loSr 18'\ . "\~ ..p~;;:: -:'Q - 7 tI"t. ,,,",, 'i' ,....:::- ......... '-OVNT'l . \V.\~;" 7/Jllln;~,,~: t~.!~q\\\\\\~ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office, \\\\\~\\lI1I1J1/1111 ,'\'\\~i Of MERIDIIII)... ...' :.\"" ~1 ...... o$' ...\.: _GPOt.> A l'1" "/,. ,.:;;; v c;V'" '''''It; ? :0:: ~ ~A-::' ~--tJ-tJl- ~ ~ v-::. Dated: ~ SEAI~~ ~ ":;. ")! f? 2 .; ~ ,0''''' %"'0 'v8r is\ ,,,,J ,J:? f ~" 1/tf ~; ~:t' 0,. ...f.... Z:\Work\M\Meridian\Meridian 15360M\Silverstone Corporate Center & Business Center VAR-04-001\FfClsGrantWrjan~dQC t, _,,,,,' \/ ,<" 1;1."'lj";.~':";~.' ' ' ....,.\ 0 Attest: By:JI~fr~'5L City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE I V AR-04-001 SUNDANCE INVESTIvIENTS, LP I SILVERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDIVISION PAGE 11 OF 11 EXHIBIT "A" A parcel ofland situated in the E1I2 of the NWl/4 of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and described as follows: Commencing at a brass cap monument marking the NE corner of said E1/2 oHhe NW1/4, thence along the East line of said E1/2 of the NW1I4 SOoo11 '32"W a distance of 1327.46 feet to a 5/8 inch rebar being the POINT OF BEGINNING; Thence continuing along said East line S00011 '32"W a distance of 1302.47 feet to a 5/8 inch rebar from which a brass cap monument marking the SE corner of said E1I2 of the NW1I4 bears SOOo 11 '32"W a distance of27.00 feet; Thence leaving said East line and parallel with the South line of said El/2 of the NW1/4 N89008'01"W a distance of 899.47 feet to a 5/8 inch rebar; Thence along the arc of a curve to the right having a radius of 73.00 feet, an arc length of 113.85 feet, a central angle of 89021' 17", and a chord bearing N44027'22"W a distance of 1 02.65 feet to a 5/8 inch rebar; Thence parallel with the West line of said E1I2 of the NW1I4 NOoo13'16"E a distance of 530.91 feet to a 5/8 inch rebar; Thence along the arc of a curve to the right having a radius of273.00 feet, an arc length of 135.64 feet, a central angle of28028'05", and a chord bearing N14027'19"E a distance of 134.25 feet to a 5/8 inch rebar; Thence along the arc of a reverse curve to the left having a radius of 277.00 feet, an arc length of 137.63 feet, a central angle of28028'05", and a chord bearing N14027' 19"E a distance of 136.22 feet to a 5/8 inch rebar; Thence parallel with said West line NOoo13' l6"E a distance of 405.72 feet to a 5/8 inch rebar; Thence N45012'19"E a distance of28.35 feet to a 5/8 inch rebar; Thence S89048'39"E a distance of884.39 feet to the POINT OF BEGINNING. Said parcel contains 28.03 acres more or less and is subject to all existing easements and rights-of-ways ofrecord or implied. Legal Description for Height Vairance for Clerk's office 03 04 04 March 2, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Initial Point, LLC AZ 03-028 March 9, 2004 ITEM NO. c-s....u REQUEST Findings - Request for Annexation and Zoning of 7.98 acres from RUT to R-8 zones for proposed Cobblefield Crossing Subdivision No.2 - 1295 West McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DE?T: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings #fvU Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become pro~ of the City of Meridian. WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS JULIE KlEIN FISCHER WM. F. GIGRAY, III T. GUY HAlLAM* WilLIAM A. MORROW WilLIAM F. NICHOr.s* CHRISTOPHER S. NYE PHILlPA. PETERSON TODDA. ROSSMAN D,WID M. SWARTlEY PAMELAJ. TARlOW TERRENCER. WHITE** NICHOl.AS L. WOllEN ATIORNEYSATLAW NAMPA OFFICE 5700 E. FRANKLIN RD.. SUITE 200 NAMPA, IDAHO 83653-8402 TEL. (208) 466-9272 FAX (208) 466-4405 . Also admitted in OR ** Also admitted in WA March 2, 2004 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: INITIAL POINT, L.L.C. / ANNEXATION AND ZONING FINDINGS / AZ ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-03-028 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of February 24,2004, 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 Findine:s of Fact and Conclusions of Law and Decision and Order Grantine: Application for Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Very truly yours, Wm. F. Nichols z:\ Work\M\Meridian\Meridian 15360MlCobblefield Crossing Sub No.2 AZ"()3"()28 PP-03-033 CUP-03"()59\FFCLand ORD and SUM ORD Clerk Ltr 03 02 04.do; BEFORE THE MERIDIAN CITY COUNCIL C/C 02/24/04 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 7.98 ACRES FOR ) PROPOSED COBBLE FIELD ) CROSSING SUBDIVISION NO.2, ) LOCATED APPROXIMATELY Y2 ) MILE EAST OF THE SOUTHEAST ) INTERSECTION ON McMILLAN ) ROAD AND LINDER ROAD, 1295 ) W. McMillan Road, MERIDIAN, ) IDAHO ) Case No. AZ-03-028 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING INITIAL POINT, LLC, APPLICANT The above entitled annexation and zoning application having come on for public hearing on February 24,2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Rod Ralphs, Brian English, and Tonya Converse, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~~ 67-6509 and 67-6511, and Meridian City Code ~~ 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION NO. 2 (AZ-03-028) PAGE 1 OF 18 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan ofthe City of Meridian adopted August 6,2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 7.98 acres in size and is located approximately 1,12 mile east of the southeast intersection on McMillan Road and Linder Road, 1295 W. McMillan 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 owner of record of the subject property is Initial Point, LLC. Applicant is the same as owner of record. 5. The property is presently zoned RUT. 6. The Applicant requests the property be zoned as R-8. 7. The subject property is bordered to the north by RUT, to the south by R-8, to the east by RUT, and to the west by RUT. 8. The Applicant proposes to develop the subject property in the following malUler: as a 40 lot residential subdivision with 7 common lots. 9. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which designates the subject property as Low Density Residential. 10. There are no significant or scenic features of major importance that affect the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDNISION NO.2 (AZ-03-028) PAGE 2 OF 18 consideration of this application. 11. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian plalUlingjurisdiction, 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 of the Meridian PlalUling & Zoning Deparhnent as follows: 1. Essential City services can be made available to the subject property. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations of ACED as follows: 1. The applicant shall construct a 5-foot detached concrete sidewalk south of the Lamp Canal within an easement provided to the District. 2. Construct the main entrance, North Zachary Way, to intersect McMillan Road approximately l30-feet (to the centerline) east of the west property line, as proposed. 3. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 4. Construct a stub street (W. Adams Place) to extend to the west property line approximately 575-feet (measured centerline to centerline) south of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, IITEIS ROAD WILL BE EXTENDED IN THE FUTURE II . 5. Construct a stub street to extend to the east property line. Install a sign at the terminus of the roadway stating that, IITHIS ROAD WILL BE EXTENDED IN THE FUTURE II . 6. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION NO.2 (AZ-03-028) PAGE 3 OF 18 7. Provide a minimum of 21- feet measured from back of curb to back of curb on either side of a proposed island or median. 8. Other than the accesses that have been approved with this application, direct lot access to McMillan Road is prohibited and shall be noted on the final plat. 9. 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 permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDNISION NO.2 (AZ-03-028) PAGE 4 OF 18 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 plmmed 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 plalUled use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1 ,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. The court on the end ofW. Adams Place shall have the curbs painted red from Lot 10 to Lot 16. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION NO.2 (AZ-03-028) PAGE 5 OF 18 knuckles on Blocks 14 Lots 3,4,5,25,26,27 shall be posted "No Parking Fire Lane" and shall have the curbs painted red. D. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and 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. 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 Recommendations of Settlers' Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the Coleman Lateral. The requested easement is 30' (15' on either side from the center line of the lateral) 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. Ifthe developer wishes to have Settler's Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION NO.2 (AZ-03~028) PAGE 6 OF 18 F. Adopt the action of the City Council from their February 24,2004 as follows: For Clarification: 1. The applicant shall submit a revised Landscape Plan for review by the Planning and Zoning Department, and approval if the requirements of the Landscape Ordinance are met. 2. For the adjacent neighbors Allen and Tawnya Converse - 4550 N. Linder Road, and Brian and Margie English - 4650 N. Linder Road, Settlers Irrigation District will continue to deliver 39 Miner's Inches to the Butler Lateral #28. This Lateral carries irrigation water to your property from the Settlers Canal. Settlers Irrigation District is requesting their current irrigation schedule so that the District may include this information as part of an irrigation schedule being developed by SID. SID believes that this will ease their concerns with regards to irrigation and Cobblefield Subdivision. 3. The applicant shall provide an additional notation on the Final Plat, and within the CC&R's for the subdivision, the Right To Farm Act language. 4. To provide a solution to the drainage issues, the applicant is proposing to have the drainage flow into the Murdoch line source that feeds into the adjacent property (Buse property) across the street. A letter of approval would need to be provided by either Mr. Buse or Bridgetower for Settlers to agree with this solution. If this option does not work, then the applicant shall pipe that area to help carry the water out to the same point where it was draining originally. 5. The applicant has also worked with Settlers to make sure the control of the flow of water coming off the headgate does get shut off. 6. The applicant shall continue to work with Settlers Irrigation District to resolve any water issues. 7. The adjacent property owners, Allen and Tawnya Converse - 4550 N. Linder Road, and Brian and Margie English - 4650 N. Linder Road, shall be allowed access to Settlers Irrigation District facilities after the subdivision is built. 12. It is found that the requested zoning designation ofR-8 is harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates the land to be "Low Density Residential". The Comprehensive Plan allows the applicant to ask for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDNISION NO.2 (AZ-03-028) PAGE 7 OF 18 "one step up" from the Comprehensive Plan designation of "Low Density Residential". 13. The area has been designated as a Low Density Residential area in Meridian's Comprehensive Plan and is bordered to the south by a residential subdivision which is zoned R-8. The Comprehensive Plan's allowance for the request of an upgrade in the density of the subject property in combination with the neighboring R -8 residential subdivision ( Cobblefield No.1) makes the proposed zoning of the property compatible with surrounding land uses and the City of Meridian's plan for the development of the area. Two large subdivisions have recently been approved in the subject area: Baldwin Park has been approved to the south and Paramount has been approved to the north. 14. It is found that the proposed uses are compatible with the existing and intended character of the area. The Comprehensive Plan designates the area as Low Density Residential; the applicant is requesting a "step up" from the Comprehensive Plan designation of "Low Density Residential". It is found that the proposed uses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. 15. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors. 16. It is found that the subject property can be served adequately by all essential public facilities and services. Sewer and water lines will need to be extended by the developer from existing mains installed in the Cobblefield Crossing Subdivision. All other public services and facilities noted above appear to be adequate to serve this property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION NO.2 (AZ-03-028) PAGE 8 OF 18 17. It is found that sanitary sewer and water 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 the proposed uses will create additional traffic, especially on McMillan Road and Linder Road. However, it is not believed that the increase in traffic will be excessive. It is not anticipated that the proposed development will generate traffic, noise, smoke, odors or other nuisances that would be detrimental to the general welfare ofthe surrounding area. 19. It is found that the proposed vehicular approaches on McMillan Road should not appreciably interfere with traffic on the surrounding streets. 20. It is found that no natural or scenic features of major importance exist on the subject property and, subsequently, will not be lost or damaged by approval of this annexation request 21. It is found that that annexation of this property would be in the best interest of the City by providing a variety of housing types. 22. It is found that ifthe 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 of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 23. It is also found that the development considerations as referenced in Finding No. 11 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION NO.2 (AZ-03-028) PAGE 9 OF 18 order to assure that the proposed use will not change the essential character of the affected svicinity 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 atll1ex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 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 "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 fonowing are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Chapter VI, Goal III, Objective A, Action 3 Chapter VII, Goal V, Objective A, Action 4 5. The zoning of(R-8) Medium Density Residential is defined in the Zoning Ordinance at S 11-7-2 D as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION NO.2 (AZ-03-028) PAGE 10 OF 18 (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation onand. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 7.98 acres to Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDNISION NO.2 (AZ-03-028) PAGE 11 OF 18 2. The application is for annexation and zoning of7.98 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: C. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. Essential City services can be made available to the subject property. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. D. Adopt the Recommendations of ACHD as follows: 1. The applicant shall construct a 5-foot detached concrete sidewalk south of the Lamp Canal within an easement provided to the District. 2. Construct the main entrance, North Zachary Way, to intersect McMillan Road approximately l30-feet (to the centerline) east of the west property line, as proposed. 3. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5- foot concrete sidewalk within 50-feet ofright-of-way, as proposed. 4. Construct a stub street (W. Adams Place) to extend to the west property line approximately 575-feet (measured centerline to centerline) south of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct a stub street to extend to the east property line. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION NO.2 (AZ-03-028) PAGE 12 OF 18 6. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 7. Provide a minimum of 21- feet measured from back of curb to back of curb on either side of a proposed island or median. 8. Other than the accesses that have been approved with this application, direct lot access to McMillan Road is prohibited and shall be noted on the final plat. 9. 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 #197, also known as Ada County Highway District Road Impact Fee Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING AFPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION NO.2 (AZ-03-028) PAGE 13 OF 18 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1 ,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. The court on the end ofW. Adams Place shall have the curbs painted red from Lot 10 to Lot 16. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDNISION NO.2 (AZ-03-028) PAGE 14 OF 18 driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 14 Lots 3,4,5,25,26,27 shall be posted "No Parking Fire Lane" and shall have the curbs painted red. D. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and 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. 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 Recommendations of Settlers' Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the Coleman Lateral. The requested easement is 30' (15' on either side from the center line of the lateral) 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settler's Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION NO.2 (AZ-03-028) PAGE 15 OF 18 F. Adopt the action of the City Council from their February 24,2004 as follows: F or Clarification: 1. The applicant shall submit a revised Landscape Plan for review by the Planning and Zoning Department, and approval if the requirements of the Landscape Ordinance are met. 2. For the adjacent neighbors Allen and TawnyaConverse-4550N. Linder Road, and Brian and Margie English - 4650 N. Linder Road, Settlers Irrigation District will continue to deliver 39 Miner's Inches to the Butler Lateral #28. This Lateral carries irrigation water to your property from the Settlers Canal. Settlers Irrigation District is requesting their current irrigation schedule so that the District may include this information as part of an irrigation schedule being developed by SID. SID believes that this will ease their concerns with regards to irrigation and Cobblefie1d Subdivision. 3. The applicant shall provide an additional notation on the Final Plat, and within the CC&R's for the subdivision, the Right To Farm Act language. 4. To provide a solution to the drainage issues, the applicant is proposing to have the drainage flow into the Murdoch line source that feeds into the adjacent property (Buse property) across the street. A letter of approval would need to be provided by either Mr. Buse or Bridgetower for Settlers to agree with this solution. If this option does not work, then the applicant shall pipe that area to help cany the water out to the same point where it was draining originally. 5. The applicant has also worked with Settlers to make sure the control of the flow of water coming off the headgate does get shut off. 6. The applicant shall continue to work with Settlers Irrigation District to resolve any water Issues. 7. The adj acent property owners, Allen and T awnya Converse - 4550 N. Linder Road, and Brian and Margie English - 4650 N. Linder Road, shall be allowed access to Settlers Irrigation District facilities after the subdivision is built. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code S 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION NO.2 (AZ-03-028) PAGE 16 OF 18 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff ofthe Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 9 11-21-1 in accordance with the provisions ofthe annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date ofthis decision and order, seek 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 ct-/!!- day of !J2MC/A- , 2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED*a...-- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDNISION NO.2 (AZ-03-028) PAGE 17 OF 18 COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~L- MAYOR TAMMY de WEERD (TIE BREAKER) DATED: ;j'-'l-tJ+- MOTION: APPROVED:L DISAPPROVED: VOTED - By:~~,d-~9-Daled City Clerk ~~ eerd ,\," . - ,," ",~" OF M""'D '" - -s. "'~ ~<1 'i .::' v- wot.> ~ 11.. ~ ~ i!?-cP ....l~~ ~ :: ~ 0-::. ~ SEAL \ ~ - J - ~ _ 0' ~ :: r~ t. "/ -, - c~,) ~ William G. Berg, Jr., City lerk % "'6~ 1Si;.,~~<.P j 'i.... ~ '" .--.-' "y' ........' :,1/// \,,......r~,i,~~: ~:..;.."_t "', ,,'.;.'" Copy served upon Applicant, the Planning 'iilid~zdning 'D~partment, PUbM.0\Wlli-~~rJlty~~J:t. ment and . ,,\\ J 'Or tViflyh' 1/ ~~~~ ~ ~% ~ V' o1f\PoFi4 " t/{; ~ ~ ..iV I.f::;. -:;.. ~ ~ a ~ J-Cf-Jl4--~ ~ Attest: ~?: f1J 2 ~ ~ 0- ~ ~-G'u ",Q} ;; ~ (J iSr lS1 , ..f;J ~ ~ :;..& ~;...... v 'i -I' C\...... ~y ~ Z:\Work\M\Meridian\Melidian I 5360MlCobblefieJd Crossing Sub No.2 AZ-03-028 PP-03-033 cUP-oj~9~~r&O{del'~o~\\""" -/1)/. , '". q\\\' I..dl \;'.n\' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION NO.2 (AZ-03-028) PAGE 18 OF 18 March 4, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Initial Point, LLC PP 03-033 March 9, 2004 S~D ITEM NO. REQUEST Findings - Request for Preliminary Plat approval of 40 single-family building lots and 7 common lots on 7.98 acres in a proposed R-8 zone for proposed CobbJefield Crossing Subdivision No.2 - 1295 West McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DE?T: 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 vJ-/ wrr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of !he City of MeridIan. MAR 0 If interoffice MEMORANDUM City Of l'vleridian City Clerk Office To: William G. Berg, If. From: Wm. F. Nichols Subject: Cobblefield Crossing Subdivision No.2 File: PP-03-033 Date: March 3, 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 February 24,2004 meeting. The Findings will be on an upcoming Council agenda. Please serve confonned 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\MeJidian 15360M\Cobblefield Crossing Sub No.2 AZ-03-028 PP-03-033 CUP-03-059\BergPrePlal MEMO 0303 04.da: BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/24/04 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR COBBLEFIELD ) CROSSING SUBDIVISION NO.2) FOR 40 SINGLE-FAMILY ) BUILDING LOTS AND 7 COMMON ) LOTS ON 7.98 ACRES IN ) PROPOSED R-8 ZONE LOCATED ) APPROXIMATELY 'l2 MILE EAST ) OF THE SOUTHEAST ) INTERSETION ON McMILLAN ) ROAD AND LINDER ROAD, 1295 ) WEST McMILLAN ROAD ) MERIDIAN, IDAHO ) ) BY: INITIAL POINT, LLC, ) APPLICANT ) ) Case No. PP-03-033 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on February 24, 2004, and Anna Powell Planning Director for the Planning and Zoning Department, Rod Ralphs, Brian English, and Tonya Converse, 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 ill, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the preliminary plat being "PRELIMINARY PLAT FOR: COBBLEFIELD CROSSING NO.2 SUBDIVISION, A PORTION OF THE NW Y-1 OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDNISION NO. 21 (pP-03-033 Page 1 of 13 SECTION 36, TAN., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO, AND A RESUBDIVISION OF LOT 1, BLOCK 5 OF COBBLEFIELD CROSSING SUBDIVISION NOVEMBER 2003, PRELIMINARY PLAT OF COBBLEFIELD CROSSING NO.2 SUBDIVISION, CLIENT: DOUG CAMPBELL, JOB NUMBER: SD003-002, CAD FILE: PRELIMINARY.dwg, DESIGNED BY: STC, DRAWN BY: STC, CHECHED BY: JRLIKC, DELIVERY DATE: 09/16/03, REVISIONS: NO.: 0 DATE: 09/30/03 BY STC and NO.: 1 DATE: 11/11/03 BY: MMR, SHEET NUMBER: 1/3, HANDWRITTEN DATE: 11-12-03, INITIAL POINT, LLC - OWNERlDEVELOPER, LEAVITT & ASSOCIATES ENGINEERS, INC.", Initial Point, LLC, 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 tOhe 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 defmed in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 D] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION NO. 21 (pP-03-033) Page 2 of13 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. Sewer and water lines will need to be extended by the developer from existing mains installed in the Cobblefield Crossing Subdivision. 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 Teclmician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development, as the developer will extend urban services to the subject property. Sewer and water lines will need to be extended by the developer from existing mains installed in the Cobblefield Crossing Subdivision. 5. The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council ofthe 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 ofthis approval drawing ofthe preliminary plat herein designated as: "PRELIMINARY PLAT FOR: COBBLEFIELD FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDNISION NO.2 / (pP-03-033) Page 3 of 13 CROSSING NO.2 SUBDNISION, A PORTION OF THE NW ~ OF SECTION 36, TAN., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO, AND A RESUBDMSION OF LOT 1, BLOCK 5 OF COBBLEFIELD CROSSING SUBDNISION NOVEMBER 2003, PRELIMINARY PLAT OF COBBLEFIELD CROSSING NO.2 SUBDNISION, CLIENT: DOUG CAMPBELL, JOB NUMBER: SD003-002, CAD FILE: PRELIMINARY.dwg, DESIGNED BY: STC, DRA"WNBY: STC, CHECHED BY: JRL/KC, DELNERYDATE: 09/16/03, REVISIONS: NO.: 0 DATE: 09/30/03 BY STC and NO.: 1 DATE: 11/11/03 BY: MMR, SHEET NUMBER: 1/3, HANDWRITTEN DATE: 11-12-03, INITIAL POINT, LLC- OWNERlDEVELOPER, LEAVITT & ASSOCIATES ENGINEERS, INC.". 8. The City Council recognizes the concerns of Joint School District No.2 expressed in their letter dated October 21, 2003. 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: COBBLEFIELD CROSSING NO.2 SUBDNISION, A PORTION OF THE NW ~ OF SECTION 36, TAN., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, AND A RESUBDNISION OF LOT 1, BLOCK 5 OF COBBLEFIELD CROSSING SUBDIVISION NOVEMBER 2003, PRELIMINARY PLAT OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION NO.2 / (pP-03-033) Page 4 of 13 COBBLEFIELD CROSSING NO.2 SUBDNISION, CLIENT: DOUG CAMPBELL, JOB NUMBER: SD003-002, CAD FILE: PRELIMINARY.dwg, DESIGNED BY: STC, DRAWN BY: STC, CHECHED BY: JRLIKC, DELNERY DATE: 09/16/03, REVISIONS: NO.: 0 DATE: 09/30/03 BY STC and NO.: 1 DATE: 11111103 BY: MMR, SHEET NUMBER: 113, HANDWRITTEN DATE: 11-12-03, INITIAL POINT, LLC - OWNER/DEVELOPER, LEAVITT & ASSOCIATES ENGINEERS, INC.", Initial Point, LLC, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: 1. Add a paragraph 11 on page 7 stating that the applicant and their neighbors, the Englishes and the Converses, shall provide a letter of agreement regarding water delivery prior to submittal of the Final Plat. 2. Add a paragraph 12 on page 7 stating that any change to Cobblefield Subdivision No.1 is not a part ofthis application. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (preliminary plat) 1. The applicant must construct the approved amenities on Lot 1, Block 5 Cobblefield Crossing No.1 and as modified by this proposal. 2. Fencing details shall be submitted with the Final Plat application. Fencing adjacent to pathways or the common area lots shall not be over three feet in height if constructed of a solid material and shall not be more than 4 feet in height ifit is non- sight obscuring. A solid, 6-foot high perimeter fence shall be installed prior to any building permits being issued, unless agreed to otherwise in writing by the Plarming Director. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION NO.2! (pP-03-033) Page 5 of 13 3. All adjacent agricultural uses shall be protected and a note added to the face of the plat regarding the Right to Farm Act. 4. The required landscaping and irrigation system shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. If not installed, landscaping and fencing must be bonded for prior to applying for building permits. 5. No phasing lines were shown on the preliminary plat. If phasing is planned, applicant shall submit a revised plat prior at least 10 days prior to the next public hearing showing the proposed phase lines. 6. Underground pressurized irrigation must be provided to all landscape areas on site. The applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Settlers Irrigation District. 7. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 8. Submit final groundwater/soils monitoring data as prepared by a soils scientist with the final plat. 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: I. The project engineer should pay close attention to the results of field studies detennining 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 of3-feet above the highest established normal groundwater elevation. This is to help ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 9. Add Lot 7, Block 16 to the list of lots in note 7. 10. The applicant/developer shall be required to pay sewer and water assessment fees for and physically connect the existing home on Lot 1, Block 16 to city sewer and water services. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELlIVfINARY PLAT COBBLEFIELD CROSSING SUBDIVISION NO.2 / (pP-03-033) Page 6 of13 GENERAL COMMENTS (preliminary plat) 1. Submit a copy ofthe Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the fmal plat. 4. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. Performance specifications for the common area pressurized irrigation system shall be submitted with each Final Plat application. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION NO.2 / (pP-03-033) Page 7 of 13 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. The court on the end ofW. Adams Place shall have the curbs painted red from Lot 10 to Lot 16. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 14 Lots 3,4,5,25,26,27 shall be posted "No Parking Fire Lane" and shall have the curbs painted red. D. Adopt the Recommendations of ACHD as follows: 1. The applicant shall construct a 5-foot detached concrete sidewalk south of the Lamp Canal within an easement provided to the District. 2. Construct the main entrance, North Zachary Way, to intersect McMillan Road approximately 130-feet (to the centerline) east of the west property line, as proposed. 3. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5-foot concrete sidewalk: within 50-feet of right-of-way, as proposed. 4. Construct a stub street (W. Adams Place) to extend to the west property line approximately 575-feet (measured centerline to centerline) south of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct a stub street to extend to the east property line. Install a sign at the terminus of the roadway stating that, t1THIS ROAD WILL BE EXTENDED IN THE FUTURE" . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION NO.2 / (pP-03-033) Page 8 of13 6. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 7. Provide a minimum of 21- feet measured from back of curb to back of curb on either side of a proposed island or median. 8. Other than the accesses that have been approved with this application, direct lot access to McMillan Road is prohibited and shall be noted on the final plat. 9. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION NO.2 I (pP-03-033) Page 9 of13 /0: ( 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject 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. E. 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 of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION NO.2 / (pP-03-033) Page 10 of 13 r 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. F. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the Coleman LateraL The requested easement is 30' (15' on either side from the center line of the lateral) 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above- mentioned subdivision. Ifthe developer wishes to have Settler's Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. H. Adopt the action ofthe City Council from their February 24, 2004 meeting as follows: For Clarification: 1. The applicant shall submit a revised Landscape Plan for review by the Planning and Zoning Department, and approval if the requirements of the Landscape Ordinance are met. 2. For the adjacent neighbors Allen and Tawnya Converse - 4550 N. Linder Road, and Brian and Margie English - 4650 N. Linder Road, Settlers Irrigation District will continue to deliver 39 Miner's Inches to the Butler Lateral #28. This Lateral carries irrigation water to your property from the Settlers Canal. Settlers Irrigation District is requesting their current irrigation schedule so that the District may include this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION NO.2 / (pP-03-033) Page 11 of 13 information as part of an irrigation schedule being developed by SID. SID believes that this will ease their concerns with regards to irrigation and Cobblefield Subdivision. 3. The applicant shall provide an additional notation on the Final Plat, and within the CC&R's for the subdivision, the Right To Fann Act language. 4. To provide a solution to the drainage issues, the applicant is proposing to have the drainage flow into the Murdoch line source that feeds into the adjacent property (Euse property) across the street. A letter of approval would need to be provided by either Mr. Buse or Bridgetower for Settlers to agree with this solution. If this option does not work, then the applicant shall pipe that area to help carry the water out to the same point where it was draining originally. 5. The applicant has also worked with Settlers to make sure the control of the flow of water coming off the headgate does get shut off. 6. The applicant shall continue to work with Settlers Irrigation District to resolve any water issues. 7. The adjacent property owners, Allen and Tawnya Converse - 4550 N. Linder Road, and Brian and Margie English - 4650 N. Linder Road, shall be allowed access to Settlers Irrigation District facilities after the subdivision is built. 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 cOBBLEFIELD CROSSING SUBDIVISION NO.2 / (pP-03-033) Page 12 of 13 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 967-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By acti.on of the City Council at its regular meeting held on the day of m aa.c;A-- , 2004. ROLL CALL q-l/: COUNCILMAN SHAUN WARDLE VOTED$L VOTED {fIe-a-- VOTED~<- VOTED fjcA- COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) de Weerd Attest: 7' !} g I k.. {'.j'" er ~~, It'( '<" . ,0 ~ -:;.. ..., IS \ . ",- ~ , 1>0 "1 ,,'<" ~ \\\1\1ld1ltIlf, 'l ("\ ,\," ," I." "11 "I ///1 ...... Q);\ ,-',"I ,. ,"1.' \\\\_1 Of 'twEJ:;./h If 'I' fi'... '1.!),:. , . .\,1. "A"\ '-Vi /~ Copy served upon Applicant, The Planning and'Z)~'~ing Department, Publit'W5' ~r",,- '--11; '\ .. .;;.v '0 ~ Department and City Attorney. ! ~ S By:cII~~~9- Dated: 3-r-rfi4 ~ City Clerk ;. Q ,,0 :: ~ "1,A ~Sr s"\ .. ...0 $ ~ v.d1 n""--.. 1 1 (..;~( ~ $' .-- ""7 \,"("'\7, ,........' .....1// -0r:! ~f,: ot ..V..... Z:\Work\M\Meridian\Meridian 15360M\R1izzberry Crossing AZ-03-034 PP-03-039 CUP-03-062\FfClsOrdPP,doc 11/, ., -', ,....i . ,.,S'''' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION NO. 21 (pP-03-033) Page 13 of13 March 4. 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Initial Point LLC CU P 03-059 March 9, 2004 ITEM NO. 5-E REQUEST Findings - Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontage, lot size, minimum house size and street side building setback in a proposed R-8 zone for proposed Cobblefield Crossing Sub NO.2 - 1295 West McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings wvV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. o 2004 interoffice MEMORANDUM C:ity Of Meridian City Clerk Office To: William G. Berg, Jr. From: William F. Nichols Subject: BY: INITIAL POINT, LLC FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR COBBLEFIELD CROSSING SUBDIVISION NO.2 IN R-8 ZONE File No.: CUP-03-059 Date: March 3,2004 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW 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\MeJidian\Mendian 1 5360M\Cobblefield Crossing Sub No.2 AZ-03-028 PP-03-033 CUP-03-059\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 COBBLEFIELD CROSSING SUBDIVISION NO.2 IN AN R-8 ZONE, LOCATED APPROXIMA TEL Y 7i MILE EAST OF THE SOUTHEAST INTERSECTION ON McMILLAN ROAD AND LINDER ROAD, 1295 WEST McMILLAN ROAD, MERIDIAN, IDAHO INITIAL POINT, LLC, APPLICANT CIC 02/24/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-059 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having corne before the City Council on February 24,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Rod Ralphs, Brian English, and Tonya Converse, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF21 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 February 24,2004, 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 February 24, 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 ~67-6509, 6512, and Meridian City Code ~~ 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 RUT zone and by reason of the provisions of the Meridian City Code ~ 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 21 4. The property is located approximately Y2 mile east of the southeast intersection on McMillan Road and Linder Road, 1295 W. McMillan Road, Meridian, Idaho. 5. The owner of record of the subject property is Initial Point, LLC. 6. Applicant is the same as owner of record. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-8 (Medium Density Residential) before the City Council. The zoning district ofR-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development in an R-8 zone for Cobblefield Crossing Subdivision No.2. The R-8 zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Low Density Residential. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns of Joint School District No.2 expressed in theirletter dated October 21,2003. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 21 and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Pennit. 2. The Applicant shall submit a detailed plan for the proposed park, swimming pool, and recreational equipment. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. 5. A Development Agreement will not be necessary with this rezone. All conditions of approval will be made as part of the plat and conditional use permit. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1 ,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 21 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. The court on the end ofW. Adams Place shall have the curbs painted red from Lot 10 to Lot 16, 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 14 Lots 3,4,5,25,26,27 shall be posted "No Parking Fire Lane" and shall have the curbs painted red. C. Adopt the Recommendations of ACHD as follows: 1. The applicant shall construct a 5-foot detached concrete sidewalk south of the Lamp Canal within an easement provided to the District. 2. Construct the main entrance, North Zachary Way, to intersect McMillan Road approximately 130-feet (to the centerline) east of the west property line, as proposed. 3. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5- foot concrete sidewalk within 50-feet of right-of-way, as proposed. 4. Construct a stub street (W. Adams Place) to extend to the west property line approximately 575-feet (measured centerline to centerline) south of McMillan Road, as proposed. Install a sign at the terminus ofthe roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE", 5. Construct a stub street to extend to the east property line. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 7. Provide a minimum of 21- feet measured from back of curb to back of curb on either side of a proposed island or median. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 21 8. Other than the accesses that have been approved with this application, direct lot access to McMillan Road is prohibited and shall be noted on the final plat. 9. 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 #197, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 21 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 ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. II. Any change by the applicant in the planned use 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. D. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and 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 ofthe 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 Settlers' Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the Coleman LateraL The requested easement is 30' (15' on either side from the center line of the lateral) 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG CONDITIONAL USE PERMIT PAGE 7 OF 21 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settler's Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. F. Adopt the action ofthe City Council from their February 24,2004 as follows: For Clarification: 1. The applicant shall submit a revised Landscape Plan for review by the Planning and Zoning Department, and approval if the requirements of the Landscape Ordinance are met. 2. For the adjacent neighbors Allen and Tawnya Converse - 4550 N. Linder Road, and Brian and Margie English - 4650 N. Linder Road, Settlers Irrigation District will continue to deliver 39 Miner's Inches to the Butler Lateral #28. This Lateral carries irrigation water to your property from the Settlers Canal. Settlers Irrigation District is requesting their current irrigation schedule so that the District may include this information as part of an irrigation schedule being developed by SID. SID believes that this will ease their concerns with regards to irrigation and Cobblefield Subdivision. 3, The applicant shall provide an additional notation on the Final Plat, and within the CC&R's for the subdivision, the Right To Farm Act language. 4. To provide a solution to the drainage issues, the applicant is proposing to have the drainage flow into the Murdoch line source that feeds into the adjacent property (Buse property) across the street. A letter of approval would need to be provided by either Mr, Buse or Bridgetower for Settlers to agree with this solution. If this option does not work, then the applicant shall pipe that area to help carry the water out to the same point where it was draining originally. 5. The applicant has also worked with Settlers to make sure the control of the flow of water coming off the head gate does get shut off. 6. The applicant shall continue to work with Settlers Irrigation District to resolve any water Issues. 7. The adjacent property owners, Allen and Tawnya Converse - 4550 N. Linder Road, and Brian and Margie English - 4650 N. Linder Road, shall be allowed access to Settlers Irrigation District facilities after the subdivision is built. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 21 ( 14. It is found that the subject property's size of 7.98 acres is large enough to accommodate the proposed residential development and all other required features. 15. The current Comprehensive Plan Land Use Map designates the property as "Low Density Residential". The applicant is requesting a "step up" to "Medium Density" from the Comprehensive Plan designation of "Low Density Residential". The proposed residential uses are harmonious with and in accordance with the Comprehensive Plan, The project meets the requirements and objectives of the Planned Development Ordinance. The applicant is proposing to include a 1.28 acre park, micropaths, which connect to Cobblefield No. 1 Subdivision, swimming pool and recreational equipment. 16. It is found that the proposed uses will be compatible with other uses in the general neighborhood and the existing and intended character ofthe general vicinity. Surrounding land uses to the south are single-family residential and surrounding properties to the north, east, and south have a Meridian Comprehensive Plan designation of "Medium Density Residential". The applicant is requesting a "step up" to a "Medium Density Residential" zoning designation with their request for R-8 zoning. Baldwin Park Subdivision has recently been approved to the south and Paramount Subdivision has recently been approved to the north. 17. It is not anticipated that the proposed project will have an adverse impact on the surrounding property. 18. It is found that the proposed development can be adequately served by the essential public facilities including: streets, police and fire protection, drainage structures, refuse disposal, water and sewer. It is found that the proposed vehicular approaches on McMillan Road should not appreciably interfere with traffic on the surrounding streets. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 21 19. It is found that the proposed use would not be detrimental to the economic welfare ofthe community, nor would it create the need for any new facilities or services to be paid for by the public. It is found that the proposed vehicular approaches on McMillan Road should not appreciably interfere with traffic on the surrounding streets. 20. It is found that the proposed development will not result in excessive traffic, noise, smoke, fumes, glare or odors in the general vicinity if the subdivision is approved. 21. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. Review of the ACHD report for this project will provide additional infonnation. 22. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance by issuance of this conditional use. CONCLUSIONS OF LAW I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part ofa zoning ordinance the City Council can, subject to hearing and notice FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 21 provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms ofthe 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 ~ 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, if it complies with all conditions ofthe approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general 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 1. That the proposed use will not result in the destruction, loss or damage of a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 21 natural, scenic or historic feature considered to be of major importance. 5, Prior to granting a conditional use pennit in the Medium Density Residential District (R-8), 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 ofthe land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code ~ 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, 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 shalI only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shalI 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 ~ 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 21 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 in an R-8 zone for Cobblefield Crossing Subdivision No.2 located approximately Y2 mile east ofthe southeast intersection on McMillan Road and Linder Road, 1295 West McMillan Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 21 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. The Applicant shall submit a detailed plan for the proposed park, swimming pool, and recreational equipment. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. 5. A Development Agreement will not be necessary with this rezone. All conditions of approval will be made as part of the plat and conditional use permit. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of 28' inside and 48' outside. 6. The court on the end ofW. Adams Place shall have the curbs painted red from Lot 10 to Lot 16. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8, The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 14 Lots 3,4,5,25,26,27 shall be posted "No Parking Fire Lane" and shall have the curbs painted red. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 21 ( C. Adopt the Recommendations of ACHD as follows: 1. The applicant shall construct a 5-foot detached concrete sidewalk south ofthe Lamp Canal within an easement provided to the District. 2. Construct the main entrance, North Zachary Way, to intersect McMillan Road approximately 130-feet (to the centerline) east of the west property line, as proposed. 3, Construct all of the internal roadways as 36-foot street section with curb, gutter and 5- foot concrete sidewalk within 50-feet of right-of-way, as proposed. 4. Construct a stub street CW. Adams Place) to extend to the west property line approximately 575-feet (measured centerline to centerline) south of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURElI. 5. Construct a stub street to extend to the east property line. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 7. Provide a minimum of 21- feet measured from back of curb to back of curb on either side of a proposed island or median. 8. Other than the accesses that have been approved with this application, direct lot access to McMillan Road is prohibited and shall be noted on the final plat. 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 21 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility 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 ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use ofthe 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. D. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 21 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, Di vision of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and 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 Settlers' Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the Coleman Lateral. The requested easement is 30' (15' on either side from the center line ofthe lateral) 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settler's Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. F. Adopt the action ofthe City Council from their February 24,2004 as follows: For Clarification: 1. The applicant shall submit a revised Landscape Plan for review by the Planning and Zoning Department, and approval if the requirements of the Landscape Ordinance are met. 2. For the adjacent neighbors Allen and Tawnya Converse - 4550 N. Linder Road, and Brian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 21 and Margie English - 4650 N. Linder Road, Settlers Irrigation District will continue to deliver 39 Miner's Inches to the Butler Lateral #28. This Lateral carries irrigation water to your property from the Settlers Canal. Settlers Irrigation District is requesting their current irrigation schedule so that the District may include this infonnation as part of an irrigation schedule being developed by SID. SID believes that this will ease their concerns with regards to irrigation and Cobblefield Subdivision. 3. The applicant shall provide an additional notation on the Final Plat, and within the CC&R's for the subdivision, the Right To Farm Act language, 4. To provide a solution to the drainage issues, the applicant is proposing to have the drainage flow into the Murdoch line source that feeds into the adjacent property (Buse property) across the street. A letter of approval would need to be provided by either Mr. Buse or Bridgetower for Settlers to agree with this solution. If this option does not work, then the applicant shall pipe that area to help carry the water out to the same point where it was draining originally. 5, The applicant has also worked with Settlers to make sure the control of the flow of water coming off the headgate does get shut off. 6. The applicant shall continue to work with Settlers Irrigation District to resolve any water Issues. 7. The adjacent property owners, Allen and Tawnya Converse - 4550 N. Linder Road, and Brian and Margie English - 4650 N. Linder Road, shall be allowed access to Settlers Irrigation District facilities after the subdivision is built. 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 21 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 (I 8) 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 REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 21 request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the Cj-lj; day of !JLCt/l-t/!v , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED~tL- COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) DATED: .s-q-tJ4- VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 21 MOTION: y APPROVED: -----.LL- DISAPPROVED: Mayor Ta \\\\1111111/11// \\\ r IIZ:- /111 Attest: ~~\\f Of W/Cff,I'f) 1111 ~' :.\' fV~ -/". ~ A "'OO/.} . r,.y <.;. '" V' c,oP' ''''i~ -:;. S.:if' 0'-:;' ~ ~ - - - - ~ SEAL ~ ~ ~) :; illiam G. Berg, Jr., City Ie ~ _ ~Qo. ,0-' 0 g ~ "0 iSr 1Si ' ,:;.:;" ~ ~, ~ '('''~~t' "" ,.....::- Copy served upon Applicant, Planning ati:'d/~ttlgnep~'i1ment, Public Works Department and the City Attorney. "',. By:J!~~R~~ City Clerk Dated: ::; G, & ~ -.;.. '1'..A 4l,,,~ """ "Q!,.O ~ ~ v v I 15 \ ~ ~J~ ~ ~ ~ ",-t~"i""~ " ~/ ~-, a t\)~ "........ 11'1/ 01 J~17'\t , ' ,\' (~1/. "..t:~. ~\\~;,\ )(/;""11"\1\\' Z:\Work\M\Meridian\Meridian l5360MlCobblefieJd Crossing Sub No, 2 AZ.03-028 PP.03-033 CUP-03.059\FfClsCUP03-059.doc'" " FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 21 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR COBBLEFIELD CROSSING SUBDIVISION NO.2 IN AN R-8 ZONE, LOCATED APPROXIMATELY ~ MILE EAST OF THE SOUTHEAST INTERSECTION ON McMILLAN ROAD AND LINDER ROAD, 1295 WEST McMILLAN ROAD, MERIDIAN, IDAHO INITIAL POINT, LLC, APPLICANT C/C 02/24/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-059 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on February 24,2004, 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 in an R-8 zone for Cobblefield Crossing Subdivision No.2 located approximately Y2 mile east ofthe southeast intersection on McMillan Road and Linder Road, 1295 W. McMillan Road, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-03-059) PAGEIOF9 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Penuit. 2. The Applicant shall submit a detailed plan for the proposed park, swimming pool, and recreational equipment. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. 5. A Development Agreement will not be necessary with this rezone. All conditions of approval will be made as part of the plat and conditional use permit. B. Adopt the Recommendations ofthe Meridian Fire Department as follows: I, One and two family dwellings will require a fire-flow of 1 ,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3, Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. The court on the end ofW. Adams Place shall have the curbs painted red from Lot 10 to Lot 16. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. ORDER CONDITIONAL USE PERMIT (CUP-03-059) PAGE 2 OF9 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 14 Lots 3,4,5,25,26,27 shall be posted "No Parking Fire Lane" and shall have the curbs painted red. C. Adopt the Recommendations of ACHD as follows: 1. The applicant shall construct a 5-foot detached concrete sidewalk south of the Lamp Canal within an easement provided to the District. 2. Construct the main entrance, North Zachary Way, to intersect McMillan Road approximately 130-feet (to the centerline) east of the west property line, as proposed. 3. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5- foot concrete sidewalk within 50-feet of right-of-way, as proposed. 4. Construct a stub street (W. Adams Place) to extend to the west property line approximately 575-feet (measured centerline to centerline) south of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, l'THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5, Construct a stub street to extend to the east property line. Install a sign at the terminus of the roadway stating that, ''THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Any proposed landscape islandslmedians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 7. Provide a minimum of 21- feet measured from back of curb to back of curb on either side of a proposed island or median. 8. Other than the accesses that have been approved with this application, direct lot access to McMillan Road is prohibited and shall be noted on the final plat. 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. ORDER CONDITIONAL USE PERMIT (CUP-03-059) PAGE 3 OF9 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions 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 ORDER CONDITIONAL USE PERMIT (CUP-03-059) PAGE40F9 of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of 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. 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 storm water disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the Coleman Lateral. The requested easement is 30' (15' on either side from the center line of the lateral) 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settler's Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. ORDER CONDITIONAL USE PERMIT (CUP-03-059) PAGE 5 OF9 F. Adopt the action of the City Council from their February 24,2004 as follows: F or Clarification: 1. The applicant shall submit a revised Landscape Plan for review by the Planning and Zoning Department, and approval ifthe requirements of the Landscape Ordinance are met. 2. For the adjacent neighbors Allen and Tawnya Converse - 4550 N. Linder Road, and Brian and Margie English - 4650 N. Linder Road, Settlers Irrigation District will continue to deliver 39 Miner's Inches to the Butler Lateral #28. This Lateral carries irrigation water to your property from the Settlers Canal. Settlers Irrigation District is requesting their current irrigation schedule so that the District may include this infonnation as part of an irrigation schedule being developed by SID. SID believes that this will ease their concerns with regards to irrigation and Cobblefield Subdivision. 3. The applicant shall provide an additional notation on the Final Plat, and within the CC&R's for the subdivision, the Right To Farm Act language. 4. To provide a solution to the drainage issues, the applicant is proposing to have the drainage flow into the Murdoch line source that feeds into the adjacent property (Buse property) across the street. A letter of approval would need to be provided by either Mr. Buse or Bridgetower for Settlers to agree with this solution. If this option does not work, then the applicant shall pipe that area to help carry the water out to the same point where it was draining originally. 5. The applicant has also worked with Settlers to make sure the control of the flow of water coming off the headgate does get shut off. 6. The applicant shall continue to work with Settlers Irrigation District to resolve any water Issues, 7. The adjacent property owners, Allen and Tawnya Converse - 4550 N. Linder Road, and Brian and Margie English - 4650 N. Linder Road, shall be allowed access to Settlers Irrigation District facilities after the subdivision is built. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without ORDER CONDITIONAL USE PERMIT (CUP-03-059) PAGE 60F9 complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. Ifthe 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 of the future phases shall be null and void. (MCC 11-17- 4.B.) ORDER CONDITIONAL USE PERMIT (CUP-03-059) PAGE70F9 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 pennit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the f-/& day of Ju IVLcll./ ,2004. Attest: Jftmmy, de We ,\\\ II11 ~'\\f Of MEftt.b: 11/// ~' :\' '4. /'/, .f 6 ifJO'f,p~):; ~"S;. ~ ~ ~ .;:-... 0-;::. - - ~ ~ - ORDER CONDITIONAL USE PERMIT (CUP-03-059) PAGE80F9 Copy served upon Applicant, the PlalU1ing and Zoning Department, Public Works Department and City Attorney. By:.JI~R-~~ City Clerk .' Dated: - ' .Can.L ~ 7~ bJ::::- ~ --<.>"t ~ 0 ~ ~ rO '.3f 1S1 '" s. $' ~ '1 "...~r.;t'~ ,~ 'i/,r ~: S~, ~~7~~J \~,) . \.,.....' Z:\Work\M\Meridian\Meridian I 5360MlCobblefield Crossing Sub No.2 AZ-03-028 PP-03-033 CUP-03.059\Ord~U.~"doC""" , . .__.,,\\1 ii~; ,. t;;~~t'~-~~L ORDER CONDITIONAL USE PERMIT (CUP-03-059) PAGE90F9 March 4, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works -- Brad Watson Department Reports March 9,2004 ITEM NO. (9"- A - ,_ REQUEST Discussion of Water Division Space Analysis Study 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: jN )11 d~ ~-h~1ftV ~ r Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. February 19,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works -- Brad Watson Department Reports February 24,2004 ITEM NO. ~.A.I REQUEST Discussion of Water Division Space Analysis Study 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: , q tvotV rwwd'-' I JJJ)t po Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pUblic meetings shall become property of the City of Meridian. April 1, 2004 MERIDIAN CITY COUNCIL MEETING April 6, 2004 ITEM NO. Lo-B APPLICANT REQUEST Approve minutes of March 9, 2004 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ,.#. ,VY U1'V' Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City ot Meridian. CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, March 9, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Charlie Rountree X X Bill Nary X Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: Chris Mortonson Troup 61 3. Community Invocation by Pastor Steve Moore with Cherry lane Christian Church: Presented 4. Adoption of the Agenda: Approve Amended 5. Consent Agenda: A. Findings of Fact and Conclusions of law for Approval: AZ 03- 018 Request for annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler / Cobbs I Eaav / Ruwe by BRS Architects - southwest corner and southeast corner of North Eagle Road and East Ustick Road: Approve B. Findings of Fact and Conclusions of law for Approval: VAR 04-001 Request for a Variance to ordinance MCC 11-9-1 height restrictions in a C-G zone for Silverstone Corporate Center & Business Center by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: Approve C. Findings of Fact and Conclusions of law for Approval: AZ 03- 028 Request for Annexation and Zoning of 7.98 acres from RUT to R-8 zones for proposed Cobblefield Crossina Subdivision No.2 by Initial Point, LLC - 1295 West McMillan Road: Approve D. Findings of Fact and Conclusions of law for Approval: PP 03- 033 Request for Preliminary Plat approval of 40 single-family building lots and 7 common lots on 7.98 acres in a proposed R-8 zone for proposed Cobblefield Crossina Subdivision No.2 by Initial Point, LLC - 1295 West McMillan Road: Approve Meridian City Council Agenda -March 9, 2004 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Findings of Fact and Conclusions of Law for Approval: CUP 03-059 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontage, lot size, minimum house size and street side building setback in a proposed R-8 zone for proposed Cobblefield Crossina Subdivision NO.2 by Initial Point, LLC - 1295 West McMillan Road: Approve F. Development Agreement: AZ 03-023 Request for annexation and zoning of 11 acres from RUT to R-8 zones for proposed Soda Sprinas Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: Approve 6. Department Reports: A. Public Works Department - Brad Watson 1. Discussion of Water Division Space Analysis Study: Continue to proceed the study B. Mayor's Office 1. City Hall Site Selection Process: Approve Hudson Company $15,989.00 2. Discussion of City Mission Statement: Attorney to prepare resolution 3. Mid month draw - payroll - notify C. Planning and Zoning Department - Anna Powell: 1. Temporary use for Daycare Tara Gorton - Proceed with Miscellaneous Application 7. (Items Moved from Consent Agenda) 8. Tabled from March 2, 2004: FP 04-008 Request for Final Plat approval of 56 single-family residential building lots and 2 common lots on 17.8 acres in an R-4 PO zone for Lochsa Falls Subdivision No.9 by Lochsa Falls, LLC - west of North Linder Road and south of West Chinden Road: Approve 9. Tabled from March 2, 2004: FP 04-007 Request for Final Plat approval of 26 single-family residential building lots and 1 common lot on 11.96 acres in an R-4 PO zone for Lochsa Falls Subdivision No. 10 by Lochsa Meridian City Council Agenda -March 9, 2004 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Falls, LLC - west of North Linder Road and south of West Chinden Road: Approve 10. Continued Public Hearing from February 24, 2004: AZ 03~035 Request for Annexation and Zoning of 70,64 acres from RUT to R-8 zone for proposed Settlement Bridae Subdivision by Capital Development - 2205 East McMillan Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 11. Continued Public Hearing from February 24, 2004: PP 03~041 Request for Preliminary Plat Approval of 266 single-family residential building lots and 34 common lots on 70.64 acres in a proposed R-8 zone for proposed Settlement Bridae Subdivision by Capital Development - 2205 East McMillan Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 12. Continued Public Hearing from February 24, 2004: CUP 03~065 Request for Conditional Use Permit for a Planned Development to allow single family residential and attached single family in a proposed R-8 zone for proposed Settlement Bridae Subdivision by Capital Development - 2205 East McMillan Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: PP 03-045 Request for Preliminary Plat approval of 18 building lots and 3 other lots on 5.7 acres in an L-Q zone for proposed Roundtree Subdivision by Rennison Engineering - north of West Pine Avenue and east of North Linder Road: Attorney to prepare Findings of Fact and Conclusions of Law for Denial 14. Public Hearing: CUP 03~069 Request for a Conditional Use Permit for a Planned Development for 18 residential 4-plex buildings on one lot in a L- a zone for proposed Roundtree Subdivision by Rennison Engineering - north of West Pine Avenue and east of North Linder Road: Attorney to prepare Findings of Fact and Conclusions of Law for Denial 15. Public Hearing: RZ 03~013 Request for a Rezone of 5.51 acres from R- 4 to C-N zones for proposed Cedar Sprinas Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: Continue Public Hearing to March 16, 2004 Meeting 16. Public Hearing: PP 03-044 Request for Preliminary Plat approval of 5 commercial building lots and 1 common lot on 5.51 acres in a proposed C- N zone for proposed Cedar Sorinas Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: Continue Public Hearing to March 16, 2004 Meeting Meridian City Council Agenda -March 9, 2004 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 17. Public Hearing: CUP 03w067 Request for a Conditional Use Permit for a Planned Development for four office buildings, a car wash, two fuel pumps and a drive through coffee stand in a Neighborhood Center designation for proposed Cedar SprinQs Professional Center by Kevin Howell- north of West Ustick Road and west of North Meridian Road: Continue Public Hearing to March 16, 2004 Meeting 18. Public Hearing: AZ 03w027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Continue Public Hearing to March 23, 2004 Meeting 19. Public Hearing: PP 03w032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Continue Public Hearing for March 23, 2004 Meeting 20. Public Hearing: CUP 03w058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Continue Public Hearing to March 23, 2004 Meeting 21. Ordinance No. 04w1069 RZ 03w012 Request for a Rezone of .85 acre from R-15 to Q-T for proposed Strickland Subdivision by Roy Strickland - 1225 Main Street: Approve 22. Ordinance No. 04-1070 AZ 03w023 Request for annexation and zoning of 11 acres from RUT to R-8 zones for proposed Soda Sprinas Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: Approve 23. Miscellaneous Items Meridian City Council Agenda -March 9, 2004 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council MeetinQ March 9. 2004. The regular meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, March 9, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlie Rountree and Shaun Wardle. Others Present: Bill Nichols, Will Berg, Anna Powell, Brad Watson, Kenny Bowers, Doug Strong, Bill Musser, Gary Smith, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Bill Nary X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. Good evening. I will go ahead and call the Tuesday, March 9th, regular agenda meeting for City Council to order. It is 7:17. I would like to welcome you all here with us tonight and we will start tonight's meeting with roll call. Item 2: Pledge of Allegiance: De Weerd: Thank you. One of the two new things that we have added to our agendas are the Pledge of Allegiance and also the community invocation. Tonight we have Chris Mortonson here from Troop 61 who will lead us in the pledge. Please stand. Ite m 3: Community Invocation by Pastor Steve Moore with Cherry Lane Christian Church: De Weerd: Chris, thank you. I'd like to give you a pin of Meridian for leading us. Thank you. Okay. Item NO.3 is our community invocation. We will be led by Pastor Steve Moore with the Cherry Lane Christian Church. Moore: Would you bow your heads? Our Father, God in heaven, we thank you for your many, many good gifts. We thank you tonight as this meeting commences. We thank you that we live right here in this place in the world. God, we recognize that you are the giver of so many gifts and we live in a place that is wonderful, just wonderful to live. Father, on behalf of the citizenry, part of what makes it wonderful is the hours that are given by community servants such as these and their staff and volunteers. I thank you for these Council members who give so much of their time for a very little reimbursement. I thank you for our Mayor and for her vision for this community. I thank you for the public servants and other employees and what they do above and beyond the call. I'm grateful, God, that they study the issues and prepare themselves for a meeting like tonight. We thank you that we have been blessed, just as today's Meridian City Council March 9, 2004 Page 2 of 78 newspaper reminded us, with new jobs, apparently, coming to our community and just the residual and the fallout of that. I pray, God, that as a community, as a city, that we would be mindful of your blessings and we would be neighborly. I pray that the issues tonight that are facing this community that must be decided and even though there will probably be differences of opinion, that all who offer those opinions would try to look at it through the eyes of the others that would be impacted. I pray for peace in that sense for our community and for prosperity. I pray, God, that not only would you bless us as you have in terms of new jobs, but you would also in your Holy Spirit call us to see that the way we live and the way we treat one another is, indeed, our greatest asset to love our neighbor as ourselves. I pray for your blessing on this meeting that it would benefit your will in this community, in the name of Christ, our Savior, I pray, Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor Moore. Okay. Item NO.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move on the agenda that we add under Department Reports Item C, which is Planning and Zoning, the discussion on a variance for a day care, and also No. 23, which is from the Mayor's Item No. 23, an FYI, of the Mayor. And with that I would move that we adopt the revised agenda. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the agenda with the noted amendments. Mr. Bird, I did have an item three under the Mayor's office, just to bring you up on a mid month draw that is being -- will be tested this month out of finance. If we could also add that to your motion. Bird: The motion agrees with that, if the second does. Rountree: I agree. De Weerd: Thank you. Okay. Any further discussion? Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 03w 018 Request for annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler f Cobbs I Eaqy I Ruwe by BRS Architects Meridian City Council March 9. 2004 Page 3 of 78 - southwest corner and southeast corner of North Eagle Road and East Ustick Road: B. Findings of Fact and Conclusions of law for Approval: VAR 04-001 Request for a Variance to ordinance MCC 11-9-1 height restrictions in a C-G zone for Silverstone Corporate Center & Business Center by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: C. Findings of Fact and Conclusions of law for Approval: AZ 03- 028 Request for Annexation and Zoning of 7.98 acres from RUT to R-8 zones for proposed Cobblefield Crossin~ Subdivision No.2 by Initial Point, LLC -1295 West McMillan Road: D. Findings of Fact and Conclusions of law for Approval: PP 03- 033 Request for Preliminary Plat approval of 40 single-family building lots and 7 common lots on 7.98 acres in a proposed R-8 zone for proposed Cobblefield Crossin~ Subdivision No.2 by Initial Point, LLC - 1295 West McMillan Road: E. Findings of Fact and Conclusions of law for Approval: CUP 03-059 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontage, lot size, minimum house size and street side building setback in a proposed R-8 zone for proposed Cobblefield Crossin~ Subdivision No.2 by Initial Point, LLC - 1295 West McMillan Road: F. Development Agreement: AZ 03-023 Request for annexation and zoning of 11 acres from RUT to R-8 zones for proposed Soda Sprin~s Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: De Weerd: Item No. 5 is the Consent Agenda. We did have the legal description submitted for the record on Item 5-B, just per our city attorney's memo on March 4th. Is there any discussion? I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move we approve the Consent Agenda as published and for the Mayor to sign and the clerk to attest on all proper papers. Rountree: Second. Meridian City Council March 9, 2004 Page 4 of 78 De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda as presented. Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Public Works Department - Brad Watson 1. Discussion of Water Division Space Analysis Study: De Weerd: Thank you. Okay. Item NO.6 is department reports. We will start with A, Public Works Department, discussion of the Water Division Base Study Analysis. Watson: Thank you, Madam Mayor, Council Members. This may turn out to be a relatively short discussion. Since I sent the memo to you for the meeting two weeks ago, the Mayor and I and our water superintendent Rick Clinton met with representatives from BSU. Contrary to the letter they had previously sent to us and included in your packets, they are looking at relocating off that site in fairly short order and I think, given that memo that was sent to you several weeks ago, we are probably looking at only one option now, unless the Council directs me othelWise, and that option would be to proceed with a space analysis of the existing building on site. We did have preliminary discussions with the parks department about utilizing that site and I think the water department's 20-year plan, they would fully utilize that site, so I'm not sure that option exists anymore for the parks department. Is there anything else, Mayor that I should add from that meeting? De Weerd: No. I will be following up. A letter has been drafted and will be sent shortly to just recap the conversation and some of the discussion items as well. Any questions from Council? Okay. Do I have action? A motion. Rountree: Does it need an action? De Weerd: Oh, you are going to proceed with the study for the current site? Watson: Right. Madam Mayor, unless there are any objections, I will just proceed with negotiating a scope of services with BRS to examination the existing site only. De Weerd: Okay. Thank you, Brad. B. Mayor's Office 1. City Hall Site Selection Process: Meridian City Council March 9, 2004 Page 5 of 78 De Weerd: Okay. Item B is from the Mayor's office. You had in front of you last week the proposal by the Hudson Company to conduct a site selection process for a city hall site. Is there any questions or discussion on this item? Bird: Madam Mayor? De Weerd: Mr, Bird. Bird: I agree we need to get onto it, but I also think we need to find -- before we get after the site, we need to get a lot better footprint of what building we are going to have to put on, so we have a better idea of how big a site we will need. We have got a pretty good idea after you and I met with the architects and Ada County , but I think that might be a little early to start, but in some ways I don't think it is. So, whatever the other Councilmen think. I did not -- looking through there and I could have missed it. I did not see a cost on this deal. It's the last page? I'm missed it. Okay. So, anyway, that's __ I'd interject that, that without knowing the footprint and exact -- how much acreage we need or, you know, it's kind of tough to go find a site if we don't know exactly what we need. De Weerd: I'm sorry. Mr. Bird, I did talk to ZGA today and we will be meeting again next week. There was just one item that was left to discuss and that was based on the IT space that was needed. They have been getting information from Ada County and the Hudson group has been working with ZGA through their vision process and marketing analysis for the Old Town area, so they have a good working relationship and they wouldn't commence with this selection study until we had a footprint anyway. It would just be to approve this and kind of start setting some time lines to this process. Any further questions? What would Council like to do? The study itself will be around 16,000 dollars. 15,989 dollars. Bird: That's not to exceed? De Weerd: Not to exceed. Bird: I finally found it. Thanks. De Weerd: Okay. Nary: Madam Mayor, were you looking for a motion for that? De Weerd: Yes, please. Nary: Well, I would move that we, then, proceed with the space study as proposed by the Hudson company for the City Hall site selection process, pursuant to this proposal for an amount not to exceed 15,989 dollars. Rountree: Second. Meridian City Council March 9, 2004 Page 6 of 78 De Weerd: Okay. It was moved and seconded to approve the site selection process for City Hall by Hudson Company, not to exceed 16,000. Is there any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea, MOTION CARRIED: ALL AYES. 2. Discussion of City Mission Statement: De Weerd: Thank you. Thank you, Council. The next item is discussion of the City Mission Statement. I reported back to you last week that the directors have come forward -- and, I'm sorry, the copy that is in front of you didn't have the amendments that were made. The original statement was Meridian is a caring community that promotes its position as a premier place to live, work, and raise a family. It has been amended and that new language is: Meridian is a vibrant and caring community -- so, they added vibrant and -- right there. A vibrant and caring community that promotes itself -- so we deleted its position -- promotes itself as a premier place to live, work, and raise a famlly. The values will be discussed at the leadership module next Friday and so we will ask for action on that. But we would like you to also consider action this evening in asking the attorney to move forward with a resolution to adopt the mission and the vision that was written by Council. There was a couple of additions and deletions to the vision statement just to clean up the language and you all should have gotten a copy of that, too. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't hear any discussion, so I will make a motion that we approve the revised mission and vision statements as published. Nary: Second. De Weerd: Okay. It's been moved and seconded to adopt -- or to instruct the city attorney to prepare a resolution by adopting the vision and mission statement that's in front of you. Amended. Is there any further discussion? Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. 3. Mid Month Draw De Weerd: So, we will make this formal once -- or official when we pass the resolution. Okay. Item 3 was a mid month draw. I just wanted to let you know that there has been Meridian City Council March 9, 2004 Page 7 of 78 an expressed desire by some of our staff members that they have paychecks twice a month. That would be very costly and time consuming to our one payroll person that pays over 200 employees and so we looked at this and thought we would try a mid month draw. Finance will take it so that they won't get anymore than half of what their regular paycheck would be with the deductions at the end of the month. We are running a test program with some volunteer employees for this month and I just wanted to let you guys know that this was going on and we will report back with a recommendation and policy, if that's how we decide to proceed. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I just -- also, Council, I spoke with our finance director, too, and there was a couple of bugs that we experienced with my employer in trying to do this and I think that that will help them work out some of the bugs here that could exist, but I think it's a good idea, I think the employees will appreciate that and it is, really, just a technical thing to try to get these resolved, so I think it's a great idea. De Weerd: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just a clarification. It's twice a month or every two weeks? De Weerd: It's -- the mid month draw would be in the middle of the month. Rountree: For the trial. If it were to be implemented when are we talking about? De Weerd: It would be a mid month draw. So, they would have the mid month draws and they would have their paycheck at the end of the month. Bird: Madam Mayor? De Weerd: Mr. Bird, Bird: Did they -- did I misunderstand here or did you say that they had checked into the every two weeks pay, like Nampa does? That has been a successful way, too, instead of having the draws and stuff like that, but -- and I don't know -- De Weerd: Right now with their software and the limited personnel, they feel that would be too much at this point. Meridian City Council March 9, 2004 Page 8 of 78 Bird: In other words, they are going to -- this draw is used -- is ran through as a payable, not as a wage? It's ran through the books as a payable, the draw is? De Weerd: I don't know how they are doing it on the books, Mr. Bird, but I will certainly ask the finance director to let you know. Bird: Okay. Thank you. C: CUPI Day Care Issue with Tara Gorton: De Weerd: Okay. Okay. Item C is from the Planning and Zoning Department that's kind of a carry-over from our pre-Council. In regards to Ms. Gorton's application and considering a miscellaneous application; is that correct? Powell: Yes, ma'am, that's correct. Madam Mayor, Members of the Council, there may be a way to do it if you follow this logic. I will try and lay it out. In the past we have for temporary uses required a conditional use approval and that was based on 11-6-4 of the code, which says uses that are not specifically listed in the table require Conditional Use Permit approval. Well, temporary uses aren't listed, but certainly day care uses are or any other of the many temporary uses that people ask for. So, it's not really the use that's not listed, it's the nature or the duration of that use that's not listed. So, if we say that that past interpretation has been in error, that, indeed, the uses are listed, that just because it's the nature of those that they don't need to go through the Conditional Use Permit process. So, that's the first step in the logic that you need to make. The second step would be that we do have these things called miscellaneous apps that just kind of show up, for lack of a better way to say it, and I did brainstorm, thank you, Mr. McKinnon, who is in the audience. He helped me brainstorm on the things that miscellaneous apps have been used for and they do include things like model homes, private roads, time extensions beyond the one-time-only time extensions, revisions to final plats and discussions of area of city impact boundaries and annexations. Now, sometimes those have gone to the Commission, sometimes to the Commission and Council, I mean, and sometimes just directly to Council. So, I guess on this one we would propose that if you wanted to do a temporary miscellaneous application that it could just go to Council. Some of them have. The other thing, just to remind you, the types of things that go just to Council, really, are just variances, final plats, and, then, these -- some of these miscellaneous apps in the past. So, there is just kind of two leaps of logic that you need to make there and I think we could -- it definitely is a difficulty, it's something that the duration of uses is not listed at all, so I think we are fairly safe doing that. I think it would make a lot of people happy, other than Ms. Gorton. It just is -- a lot of people that want to do three day activities on a site that's currently vacant, so we can't really call it an accessory use, we can't really call it anything, except a temporary use, they are not willing to go through a four month process for it. They may be willing to go a through a six month process for it. Nary: Six week. Meridian City Council March 9, 2004 Page 9 of78 Powell: Or six week. I'm sorry. De Weerd: Council, any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: That's excellent, Anna. I mean I don't think those are real leaps. I think those -- I mean I think they are reasonable interpretations of the code. I think thaes -- I think, eventually, when you're not busy, we need to probably have, you know, better language in the code to support temporary uses in allowing certain types of things, but -- or at least having a process for them, but I think in the interim I think that's a great avenue to do that and, again, I don't think it flies in the face of the code, but I think it's consistent. So, I'm all in favor of going forward with that if everyone else is. Bird: I agree. Powell: Since you're all thinking about it, in the revised code do you want it to be kind of a Council decision or do you want it to be an administrator decision for the temporary uses? Rountree: I could go with the administrator. Bird: I was just going to say, administrator is great with me. Powell: Okay. Because that's where I was going and so I just wanted to double check. Okay. De Weerd: Now, Tara, do you understand, then, what the next steps would be? Powell: Oh. And if you would want to say, Ms. Gorton has brought in a site plan, we have been reviewing it prior to her application to make sure that she's got a complete application. Once she has the materials ready for her conditional use, I think we can use that material. We will have to double fee her, you will have to get a miscellaneous application fee, in addition to the conditional use application fee, but I think we do have enough -- we will just use that material she's gathering for her conditional use for the miscellaneous app. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. And I don't think this applies necessarily to this application, but I think as we look forward to code support in the future, I mean I think the only thing to really avoid on these temporary uses is them becoming perpetual temporary uses. I mean that -- Meridian City Council March 9, 2004 Page 10 of78 thaes, I think, the risk that other places have seen is all of a sudden the temporary use is never ending and, obviously, there has to be some finite point they are trying to get to for a temporary use to really be valid and in this particular circumstance it's the CU application. If the CU gets denied, the temporary isntt going to exist anymore. Powell: I think we have got it with the way we have got it written right now, ies already __ we have already put it in there, but ies, I think, no more than four months in any 12 month period, something like that, so -- De Weerd: Okay. Any further discussion? Okay. Thank you very much, Anna. Thank you, Item 7: (Items Moved from Consent Agenda) Item 8: Tabled from March 2, 2004: FP 04-008 Request for Final Plat approval of 56 single-family residential building lots and 2 common lots on 17.8 acres in an R-4 PO zone for Lochsa Falls Subdivision No.9 by Lochsa Falls, LLC - west of North Under Road and south of West Chinden Road: De Weerd: Okay. Item No.8 was tabled from March 2nd. It's FP 04-008 on Lochsa Falls Subdivision No.9. Staff. Powell: That's right, I have these things to do, too, don't I. Madam Mayor, Members of the Council, these have been delayed in getting to you a few times to resolve some issues regarding gravity irrigation and the associated easements and -- but as you see them today, this is the preliminary plat, the area in red is circled -- there is the final plat. It is in substantial compliance. Consists of 56 single-family residential lots and two common lots. The gross density is about three units to the acre. This is one of those -- just to remind you, Lochsa Falls is one that went through the PD process to ask for, in particular, reduced side yard setbacks that are now allowed and so, actually, their reduced setbacks are more than what's required by the code right now. And other than that, staff is recommending approval of this final plat. De Weerd: Anna, have you heard from the applicant? Do they agree with all your comments? Powell: We have not -- actually, I don't have a letter on file, so I think we do need to hear from them. De Weerd: Okay. Is the applicant here? Powell: Oh, I take that back. De Weerd: Okay. We do. So, do you have any comment you would like to add? Do you agree with all comments? Okay. Thank you. Okay. Council? Meridian City Council March 9, 2004 Page 11 of 78 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No.8, FP 04-008, Lochsa Falls Subdivision No. 9. Bird: Second. De Weerd: It's been moved and seconded to approve Lochsa Falls Subdivision No.9, final plat. Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 9: Tabled from March 2, 2004: FP 04-007 Request for Final Plat approval of 26 single-family residential building lots and 1 common lot on 11.96 acres in an R-4 PO zone for Lochsa Falls Subdivision No. 10 by Lochsa Falls, LLC - west of North Under Road and south of West Chinden Road: De Weerd: Thank you. Item NO.9 was tabled from March 2nd, 2004, FP 04-007, Lochsa Falls Subdivision NO.1 O. Staff comments. Powell: Madam Mayor, Members of the Council, this one was just delayed, because it was after the other one. So, there were no issues on this one. The area circled in red is the general area on the preliminary plat. There is the final plat. And it is in substantial compliance and there is a letter from the applicant saying that they agree with everything, except one item and Brad is trying to look up that item right now and I apologize. De Weerd: Was that an ACHD comment? Powell: Yes. It was just saying that -- they were just asking that we interpret -- it says the storm drainage basin shown on Lot 1, Block 43, shall have a vegetated ground cover and they just wanted to point out that the infiltration window will need to have sand or stone as required by ACHD. Yeah. The landscape ordinance does limit the amount of area that you can't have vegetated. A lot of times they do just put in the grass over the seed and, then, it will -- I mean the sand and it will take root. There is a small portion that can be exposed and perhaps -- the applicant is nodding in agreement from the corner of the room, so I think that that's okay. De Weerd: Okay. Council, any questions? Okay. I would entertain a motion. Wardle: Madam Mayor? Meridian City Council March 9, 2004 Page 12 of 78 De Weerd: Mr. Wardle. Wardle: I move that we approve Item No.9, FP 04-007, final plat for Lochsa Falls Subdivision No. 10 and incorporate all staff comments. Bird: Second. De Weerd: It's been moved and seconded to approve Item No. 9 for Lochsa Falls Subdivision NO.1 O. Any further discussion? Okay. Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Okay. We are entering into the Public Hearing part of our agenda and our ordinance does require that anyone intending or wishing to provide testimony does need to be sworn in. So, we swear you in all at once, so we get that anticipation all out of our system. So, any of those that have a feeling that they might testify or will testify, if you will, please, raise your right hand. Do you promise the testimony you provide tonight is the truth, the whole truth, and nothing but the truth, so help you God? If so, answer I do. (Affirmative answers) Item 10: Item 11: Item 12: Continued Public Hearing from February 24, 2004: AZ 03-035 Request for Annexation and Zoning of 70.64 acres from RUT to R-B zone for proposed Settlement BridQe Subdivision by Capital Development - 2205 East McMillan Road: Continued Public Hearing from February 24, 2004: PP 03-041 Request for Preliminary Plat Approval of 266 single-family residential building lots and 34 common lots on 70.64 acres in a proposed R-B zone for proposed Settlement BridQe Subdivision by Capital Development - 2205 East McMillan Road: Continued Public Hearing from February 24, 2004: CUP 03-065 Request for Conditional Use Permit for a Planned Development to allow single family residential and attached single family in a proposed R-B zone for proposed Settlement BridQe Subdivision by Capital Development - 2205 East McMillan Road: De Weerd: Thank you. Okay. We will go ahead and open Items 10, 11, and 12. They are continued public hearings from February 24th, 2004, AZ 03-035, PP 03-041, and CUP 03-065 for Settlement Bridge Subdivision and I will start with staff comments. Meridian City Council March g, 2004 Page 13 of 78 Powell: Madam Mayor, Members of the Council, I did want to just give you a brief reminder of the project, in particular, the layout. I think once you see the layout you will have remembered it, but at the last hearing the unsolved issues were all regarding public works and I will give Brad the microphone. I just wanted to point out some of the issues that you were talking about. There was testimony regarding a ditch on the -- this side of the subdivision to the south and, then, the related issues regarding the fence. There was a fair amount of good-natured ribbing about the semi-proposed fence and the Christmas tree nature of it. There was discussion about the lots along this southern boundary. I think, really, that was the only item of testimony, other than the water source. I believe that Council was fairly happy with the integrated open space and I wanted to point those out again, some of the areas of open space corridors that come through pretty much the length of the property. Again, they come out here and they loop around, So, there is quite a network of pathways. And, then, these were an attached product as shown here and we did discuss that a little bit. There is the floor plan of that. These are some of the existing surrounding uses. The Heritage Subdivision, as I mentioned, the one-acre lots there with the irrigation ditch on their northern boundary. Havasu Creek is across the street. This is the Idaho Power substation. And, then, we have got Edinburgh Place over here on the other side of McMillan, And these are related to Mr. Watson's testimony, so I will go ahead and push that over to him. Watson: Madam Mayor, Council Members, I think we talked about this quite a bit two weeks ago, so I will keep this relatively brief. I did send all of you a memo March 4th that you should have in your packets that was cc'd to the applicant kind of outlining what had transpired at the meeting we were directed to have following the last Council meeting. This, basically, boils down to water supply issues and two options or getting adequate water supply to this project. One is a well in the high pressure zone, which you could -- maybe you can't see, but this map is intended to show to the right of Locust Grove Road or to the east the high pressure zone and west is the lower pressure zone. There is two maps here. The first one shows what the fire flow was modeled to be under max day demand. This photo here shows what the fire flow would be under peak hour demand, with firm capacity, which means the largest well in the service area is out of service. That's the convention we use to model. So, you can see that as long as they didn't have a fire at -- between 6:00 and 8:00 in the morning we might be in good shape, but we can't schedule those sorts of things. There is two -- the options for water supply are the well and upper service -- or high pressure service area or shuttling some water from the Well 20 site, which is at the Ustick reservoir upstream to the high pressure zone. As I mentioned, we -- several weeks ago our staff engineer Lynn Grady spoke with civil survey consultants, so that they could investigate that a little more and see what they could do. We do have them under contract to complete that design. The memo that I wrote to you, I did have a conversation with Ramon and Dave Yorgason yesterday afternoon by phone and they suggested some alternate wording to the site specific comment number 25 on the preliminary plat conditions. I had written that adequate fire supply to meet fire protection requirements must be constructed, installed, and operational prior to signature on the final plat and had a period there. They have suggested -- and I don't think I have an objection to this, but they have suggested Meridian City Council March 9, 2004 Page 14 of 78 putting a comma there and writing: Unless a non-build agreement is executed and recorded prior to signature on the final plat. I would also ask that another sentence, just to clarify, be on there, if Council wishes to accept this recommendation, that says the non-build agreement will not be released until all facilities required to meet fire protection requirements are operational. So, the point staff is at at this point is do we proceed with just waiting for a well or should we proceed with this alternate water supply or should the developer proceed with this alternate water supply. Those are the questions we have right now. And I would be happy to answer any other questions that you might have, De Weerd: Thank you, Brad. Any questions for staff? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Brad, do you believe that the conditions you offered adequately address the questions you offered? Watson: Councilman Rountree, I think they adequately address it and, at the same time, provide quite a bit of flexibility on how to address it. Rountree: Thank you. De Weerd: Okay. Any further questions? Okay. The applicant is allowed 15 minutes. This is a continued one, so we hope you donlt have to use all 15 minutes. If you will, please, state your name and address. Yorgason: My name is Dave Yorgason and I'm from Capital Development. The address is 6200 North Meeker Place in Boise. De Weerd: Thank you. Yorgason: Madam Mayor, no, I donlt anticipate taking the whole 15 minutes. De Weerd: Thank you again. Yorgason: We recognize that it is a continuation of a Public Hearing. I just placed before you the exhibit we had before, in case we wanted to use it for discussion purposes. We appreciate the discussion we have had with staff over the last couple weeks. In fact, we have had at least two or three discussions, I believe, with staff and feel they were very productive. We agree with the conditions that we come up with as a solution for this alternative to meet the fire flow requirements in the area and recognize that fire flow is a necessity. We are not questioning that at all, we are just trying to find a way to make the solution work for everybody. I believe there was one item that was not identified -- let me back up first. Staff had identified a second sentence to add Meridian City Council March 9, 2004 Page 15 of 78 pertaining to the non-build agreement, something -- I didn't write all the words down, but something about how the non-build agreement will not be released until improvements are in place or satisfactory requirements met. I don't remember the exact language. But we are fine with the language that he did come up with. We have entered in similar non-build agreements in the city of Boise often with the fire department there or the city of Boise and certainly are in agreement with that. The only other item which we believe was an item for discussion was in his memo he identified how to -- this construction may be paid for and under this recommendation staff had identified that the city wants to maintain control of the design, plans, construction of the improvements and we just ask that we might be able to be the ones to pay for the improvements, not the city, and the reason for that is we think we can -- our contractor will give us better pricing and since we will be the ones paying for it anyway, we ask that we might be able to be the ones who pay for that alternative solution. Other than that, we don't have any other changes and we agree with all the other items that have been brought forth by staff and stand for any questions you may have at this time. De Weerd: Thank you. Council, do you have any questions? Not at this time? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You indicated that you would want to pay for the improvements. Are you agreeable, however, that the city would have control in terms of the inspection and specifications? Yorgason: Madam Mayor, Councilman Rountree, that is a standard procedure that we are familiar with, whether it's internal or off-site improvements we put in, the city would certainly do the inspections and we would need to install it per city standards. De Weerd: Thank you. Okay. Thank you. Yorgason: Thank you. De Weerd: Okay. Public testimony. I have two people signed up. Gerald Clark. Come on forward. If you will, please, state your name and address. Clark: My name is Gerald Clark, C-I-a-r-k. I live at 4360 North Locust Grove Road. De Weerd: Thank you. Clark: Madam Mayor, Councilmen, I spoke to you last time. My biggest concern is the water tabled out there. By putting in more wells out there for this subdivision of this size, you will be pulling down the water for -- in the Heritage Subdivision. If I may give you some maps here. Meridian City Council March 9, 2004 Page 16 of 78 De Weerd: If you will give it to the clerk just at the end. Thank you. Clark: That first map there is the Boise valley water change map. I drew a little X there where my home is located. This is pointed out by Mr. Shelly Keen of the Department of Water Resources. From the year 1993 to 1996 the water in that area dropped 9.4 feet. And the next documents there -- I don't have a lot of time here, so I underlined -- or highlighted the items in there that I think that pertained to this. The other items there are court cases regarding those first two pages there. And, then, on the ditches there -- this has never been settled. It was mentioned by the sub-divider there that they didn't feel they were responsible for filling that ditch in across the line. That ditch there is -- you don't have that up there. Okay. This ditch right along this line here, the flow of that water off that field came this way. And so this ditch is going to take that water from any drainage or whatever and we requested that ditch be completely filled from both sides from brim to brim. The property line does run down the middle of that ditch and so they are going to have to come about two feet across the property tine to properly fill that ditch in and it would be better if they put a slight berm all along that ditch and a fence on top. That's about all I have to say, that's my concerns on it, and I hope you read those documents I brought up there, because I think that does pertain to this issue. De Weerd: Thank you, Mr. Clark. Questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have two questions for Mr. Clark. I wasn't sure I understood your desire to have that ditch filled. We usually hear that we want ditches open, so help me with that. Clark: There is two ditches that actually run down this property line. One of them is a smaller ditch that the subdivision uses for their irrigation water. The other one is a ditch probably about four foot wide or maybe five foot wide. That is the ditch that the farmers use -- it used to be water that -- for all the property over here, but they abandoned that probably 20 years ago or whatever and they took the water around down on the other side of the subdivision and paved it all along on this side of Locust Grove Road. But that ditch, the farmers used it for their wastewater off of this field and the water all comes this way here and where my property is at right here, when they would irrigate that field, there would be big -- I mean that ditch would be filled brim to brim and we are requesting that if the ditch isn't filled in or something done with it, it's going to become a mosquito infested bog. So, we are requesting that they fill that in brim to brim and put possibly a slight rise or a little berm on top of that to prevent this water from coming across into our subdivision or that ditch that we have possibly going into their property. Rountree: Thank you. Madam Mayor, the other question I had -- Mr. Clark, was -- the map that you gave us that indicated some 131 wells in the area, what type of wells were those? Just domestic water? Meridian City Council March 9, 2004 Page 17 of 78 Clark: That was by the water resource board. I guess test wells at that time is my understanding of it, around the whole irrigation district, the whole area of the Snake River or whatever they call that aquifer under there. Rountree: Do you have any information as to the depth of those wells? Clark: No, I don't. Rountree: Okay. Thank you. De Weerd: Mr. Nichols. Nichols: Madam Mayor. Mr. Clark, if I may ask a question. In looking at your materials, it appears that if -- that what you're asking for on the water is that the city, if it drills a well in the area, satisfies all of the requirements of water resources. That appears to be what you're asking. Clark: Yes. They would have -- I would think that that would be it. They would have to satisfy the water resources board on that. According to what that there says, that they are not supposed to draw the water down any lower than what a recharge system will supply to that water. The way I understand it. Now, I have read -- I'm not an attorney and I read that thing and my head is swimming from it and -- but that's the way I kind of understand it and the way Mr. Shelly somewhat explained it to me. Nichols: Okay. Madam Mayor, if I may. Members of the Council. The case that you so graciously supplied us with, just to let you know -- and refer back to the prior testimony of Mr. Watson. When a well is drilled for city water supply, one of the things that's done is there is a test well done and they pump that test well and monitor what happens on other wells within a certain radius, within the vicinity, as determined by Water Resources. In that case you gave us, the test well was drilled, the test well was pumped, and wells went dry as a result of that test. And that was just affirming the state code that says if that happens you can't have that well, the new well. And so that's all that case says. And so the city does comply with those requirements when they drill the wells. They test them, make sure there isn't adverse impact upon those surrounding wells, like the ones in Heritage Subdivision. So, the city will comply with all of the Idaho Department of Water Resources requirements, if there is, in fact, a well drilled in that area. That's just part of what the city does. De Weerd: Thank you. Thank you, Mr. Clark. Thank you, Mr. Nichols. Okay. I also had signed up to testify Phyllis Clark. Okay. Thank you. Is there anyone else who would like to issue testimony on this application? Okay. Would the applicant like to rebut? We have five minutes. Yorgason: Thank you, Madam Mayor, Members of the Council. It sounds like from Mr. Clark's testimony there were two items, one of which may be more for the city to address, which they may have already addressed. He said his biggest concern was the Meridian City Council March 9, 2004 Page 18 of 78 water table and maybe it's already been addressed. I understand there is a process the city has to follow to do wells and that's, obviously, out of my influence, but I know the city does a lot of that, so I assume you know how to do that. Secondly, he said that the ditch item was never settled. I guess I need to apologize. I thought it was settled. We do plan on burying that ditch. It's a waste ditch. Once we stop farming there will no longer be any water in that ditch and so we will, obviously, level it out, plat it out for nice flat backyards for homeowners that's on the other side there and that's our plan, that's our intention. I thought that was clear in the last testimony and if it's not, I do apologize. I think I have answered those questions and, again, stand for any other questions that Council may have. De Weerd: Now, Mr. Yorgason, will you also keep in mind that when you flatten that, that you will keep it at an elevation, so that their water doesn't go into your property's backyards. Yorgason: Madam Mayor, we understand that. We will be doing that. Thank you. De Weerd: I just wanted to make sure you had it on the record. Any questions for the applicant? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I think Mr. Clark also asked about fencing and since it's on your border, then, you would be fencing it as well, besides berming it or whatever. Vargason: Madam Mayor, Councilman Nary, thaes correct. There will be a fence there on the property line, De Weerd: And not the fence with the slatted -- Nary: The fuzzy things. De Weerd: Not the fuzzy things. Yorgason: Madam Mayor, Councilman Nary, we agree that it will not be the fuzzy fence, the Christmas tree fence as was referred over here. De Weerd: I'm sure the neighbors would appreciate that. It did give us a good laugh, though, a couple weeks ago. Yorgason: You're welcome. De Weerd: We always like a little levity during our hearings. Any further questions for the applicant? Okay. Thank you, Meridian City Council March 9, 2004 Page 19 af78 Yorgason: Thank you. De Weerd: Okay. Council? Rountree: Madam Mayor, I have a question for Brad. De Weerd: Mr. Rountree. Rountree: Brad, the question relates to the desire of the applicant to pay for the improvements as it relates to some of the conditions in staff comments. What's your position as staff? Watson: Councilmember Rountree, Mayor and Council, my recommendation was that if we prepare the plan and Council approves of this scenario, that the city construct those improvements and that the developer retain only the financial reimbursement responsibility. My rationale at the time of writing that was that we would have control over those plans and not release those to a developer. Coincidentally, I talked with Gary this afternoon. We can't come up with an instance where the city has designed a project and turned the plans over to a developer to construct. Be that as it may, part of the reason that I wanted to retain control over those is so that if this project lingered for a year or two and another project came in with a similar need, that they weren't held hostage by this. I'm not saying that Capital Development would do that, but funny things happen sometimes. They have spoken with me and at first I told them they were more than welcome to take a parallel track to get this done. I'm not sure we totally resolved this question. First of all, I'm not sure we have the ability to somehow license plans that we have had our consultant prepare to a developer. Second, if we do have that ability, how do we go about it? Is there some sort of an agreement? And I would think that that agreement would have to have some timeline in it to insure that they complete it now, rather than three years from now. I thought there was a third question, but I guess not. Rountree: That was it. Thank you. Watson: Thank you. De Weerd: Thank you, Brad. Any further questions? Comments? Okay. Hearing none, would Council like to close the Public Hearing or do you need further information? Okay. Do I hear a motion? Rountree: Madam Mayor, hearing no further discussion, I move that we close the public hearings for Items 10, 11, and 12. Bird: Second. Meridian City Council March 9, 2004 Page 20 of 78 De Weerd: Okay. The motion is to close the Public Hearing on Items 10, 11, and 12 for Settlement Bridge Subdivision. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Discussion by Council? Hearing none, do I have a motion on this application? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the annexation request, Item No. 10 on the agenda, for Settlement Bridge Subdivision, including all staff comments and conditions, and have the attorney prepare the appropriate Findings of Facts and Conclusions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I got a question before I second it, if that's okay. Rountree: Sure. Bird: Just what are we doing abou,t the water? Rountree: Including all staff comments. Bird: They had three -- they had three solutions. Which solution are we going to take? Madam Mayor, I will second that, so we can discuss it. Rountree: Yeah. Let's discuss it. De Weerd: Okay. It's been moved and seconded to approve Item No. 10 for Settlement Bridge Subdivision annexation. Discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If it would be possible, I'd like Brad to give us those three solutions to the water problem again. I believe one's drilling a well by us, one's drilling a well by them with our plans, and stuff, which I don't think is very good, but -- and, then, one's bringing water from across the street. Is that right? Meridian City Council March 9, 2004 Page 21 of 78 De Weerd: Yeah. Brad? Watson: Madam Mayor, Councilmembers, Councilmember Bird, the memo that I wrote outlined two scenarios, one is an additional well is operational in the high pressure zone. Scenario number two was bringing water from the low-pressure zone to the high pressure zone. There are two I guess you would call it sub scenarios within that of the city building it or the developer building it. Well -- and how those are funded. There is several permutations of that scenario. De Weerd: Did that answer your question, Mr. Bird? Bird: Yeah. Thaes what I -- yeah, thaes -- De Weerd: Okay. So, the motion to approve -- I guess we would need clarification on which of those routes Council wishes to go. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess I'm still kind of in a quandary on this one, because I'm still concerned about the water supply and as well as the cost for the city in supplying the water. I don't think -- Brad, on your comment about your discussion on site specific 25, that was just in the preliminary plat findings, not the annexation ones; isn't that right? Watson: Councilmember Nary, I believe that's true. That's the only place where I found the condition as originally written that was rather vague. I don't believe it was even in the annexation findings, but -- so that's the only reason I offered it as only for pre-plat. It could certainly be in the annexation as well. Nary: And I guess, Mr. Bird, I -- or Mr. Rountree, I guess we either need to make a decision as a Council as to what direction to give staff in that, what we may need to consider as part of the findings on whether or not adequate water supply by the city exists in this area and whether or not development can occur until that exists, because, again, I don't know -- Madam Mayor, I brought up at the last hearing as part of the record that we currently don't have this budgeted. les still at -- in the discussion stage with the public works department as to funding this and how this is going to get accomplished. So, I guess we may want to consider as part of these findings something to give the developer some understanding about our needs and concerns in regards to water supply and whether or not development can occur immediately or if it's going to be delayed by something and I think thaes the -- that's, really, the ultimate question here, so -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council March 9, 2004 Page 22 of 78 Rountree: I guess the intent of my motion was to include Brad's stated conditions, as far as the solution for the water, and Councilman Nary's comment about can we even supply the water. Yeah, that's a legitimate point. And the findings for the annexation should address that. My preference in terms of direction to staff is that an additional well be provided in the operations area before any development would occur. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And would that -- Councilman Rountree, I mean you're basically saying water -- or adequate well site for the city somewhere, whether it's on this property or adjacent, being able to serve that property is what you're talking about. Rountree: Yes. Nary: Okay. De Weerd: Would that give parameters for staff to know how to proceed on purchasing and constructing, since it is not a budgeted item? That question was for you, Mr. Rountree. Rountree: It certainly would give directions for them in terms of where to go as far as a budgeted item. I have no direction in terms of -- not other than timing and to have it included in the next budget. De Weerd: And that purchase would have to be approved by Council. Powell: Councilmember Rountree? Rountree: Yes. Powell: We're having a difficult time hearing you tonight. If you might pull up your mike. I'm sorry. Rountree: The last time I did I had static allover the room, so -- try that. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah, I guess -- again, I think -- I think we are going to need at least a condition of some sort in the annexation findings that adequate water by the city -- adequate water supply by the City of Meridian will need to be available before development and I don't know if that's the right wording. Mr. Nichols is the word-smither here, but I mean Meridian City Council March 9, 2004 Page 23 of 78 that's, essentially, the idea that we are wanting to get across, whether it's the method of purchasing a site -- purchasing a well site on this property or adjacent property, whether it's built by the city or built by the developer, I'm not sure that at least from the annexation propose that needs to be done. But I think we at least need to have a condition, the developer needs to know if you're going to be at -- if they are going to ask to be annexed as part of the city, that part of their conditions to continue developing that property is that water is going to have to be available and they need to at least understand from us that that may not be immediate, that may be six months to a year from purchase and testing and all of those things, that all of that stuff is going to take some time to get there. I think that's only fair. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I believe that it has to be in the annexation and zoning, because if we are not -- if it's not going to be in there, there is no reason to even go onto the next ones, but -- and I, too, feel the same way, Councilman Nary, that -- I feel that this has to be solved before we pass onto this, have a plan in place. The budgeting of a well don't bother me. They pay for themselves quite hastily. But we, as a Council, need to have in place whether we are going to put the well on this location or some other location and know what the cost is and everything else before we approve the zoning and annexation on this property. That's my personal feelings. De Weerd: Mr. Nichols, are you following this conversation and do you have anything you would like to add? Or questions? Since you get to draw up the findings on this. Nichols: Madam Mayor, Members of the Council, I'm not sure where we are at right now, other than agreement that -- apparently consensus that -- which is really what typically occurs is that development can't occur unless adequate water supply is available and we understand that and developers understand that. The question is what conditions would you insert into the approval. A finding that currently adequate supply is not available would be appropriate. A condition like -- from the preliminary plat findings could be inserted into the annexation and zoning findings that the adequate water supply would have to be found before the development could be finished. The developer has made an offer to pay for the cost of the -- well, I don't want to put words in his mouth. He did talk about reimbursement, but also using his own contractor, because he felt like the price would be less than what the city could do it for. So, I need to note that. But that that water supply could be done by pushing water from the low- pressure zone into the high pressure zone as another means. You also have a well under development south of Chinden, which would be sufficient at this time for this development, if it turns out to be a decent well. So, there are some things in place and we could try to tie all of those into the -- into the conditions with regard to annexation and zoning, as well as the preliminary plat and Conditional Use Permit, so that it ties into that site specific condition number 25. I think we can get it done, it just won't be the Meridian City Council March 9, 2004 Page 24 of 78 most straight forward, clean-cut thing that we have drafted lately. And I'm certain Ms. Butler would want to see it before you signed off on it. De Weerd: Thank you, Mr. Nichols. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'll withdraw my motion. I have accomplished what I wanted to. We have had a good discussion on this, in hopes that Councilman Nary has taken all this in and can come out with a motion that will tie all of these pieces in. Nary: Well, it's nice I didn't write it down, because you made the motion, so I wasn't worried about it. De Weerd: It sounds like Councilman Rountree has as much faith in you as everyone does in our attorney. So, Mr. Nary. Nary: Madam Mayor? De Weerd: I had to put you on the spot. Nary: Yeah. I'm sure you do. I would move the approval, then, of AZ 03-035, the request for annexation and zoning of 70.64 acres for Settlement Bridge Subdivision, pursuant to all staff comments and the following additional conditions: That the preliminary plat condition also be included in the annexation findings regarding additional water supply by the City of Meridian can be supplied in the vicinity to this -- to this development before any development can occur, that the developer will -- the developer and staff will work out site location, if possible, for a well site on the property. I guess I'm not in favor of having the developer build this site. I think the staff recommendation was for the staff to -- for the city to be in charge of building the site. That is consistent with our other ones, of that being part of the conditions, that any well sites in the vicinity will be constructed by the city. And I'm sure Mr. Nichols will get the remainder from the minutes, because I can't remember the rest. But those staff comments as well from Mr. Nichols be included and that, of course, as part of that that he will certainly run those by the developer before we see them again. And I think that's it. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve the annexation of Settlement Bridge Subdivision and I trust that we put a lot of faith in Dean and our attorney to draw up great findings. Is there any further discussion? Okay. Mr. Clerk, do you want to call roll. (- Meridian City Council March 9. 2004 Page 25 of 78 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Mr. Clerk. Okay. Item 11. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I would move the approval of PP 03-041, the preliminary plat approval of Settlement Bridge Subdivision pursuant to all staff comments and -- I'm trying to think on the issue with the ditch, if that would be in the -- I guess that would be in the preliminary plat. I think that the developer's comments were specifically as to filling in the ditch, as well as making sure that there is adequate berming to prevent adjacent water supply from entering this site or exiting the other site, as well as fencing along the southern boundary of this property. Again, the remaining of the comments I think are already contained in the recommendations and for counsel to prepare al] of those findings. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve PP 03-041 for Settlement Bridge Subdivision. Is there any further discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: In your motion the fencing isn't the camouflage; right? Nary: Yeah. I think Mr. Yorgason -- I'm going to trust that he is not going to put up a Christmas tree fence, without us having to put it in the findings. ]'m going to trust you on that, Mr. Yorgason. De Weerd: Okay. Is there any further discussion? Okay. 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 12, CUP 03-065. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council March 9. 2004 Page 26 of 78 Nary: I move the approval of CUP 03-065 for Settlement Bridge Subdivision, pursuant to all staff comments. I don't believe there were additional comments for the CUP, so for the counsel prepare all the appropriate findings. Bird: Second. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Item No. 12 for Settlement Bridge Subdivision CUP. Any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. Item 13 is -- Powell: Madam Mayor? De Weerd: I'm sorry? Powell: Before you open this, could I ask you to do me a favor? Could you take a hand count on -- other than the applicant who is here for Cedar Springs? It's the one after this. If you wouldn't mind. De Weerd: If you can indicate by raising your hand if you're here for Cedar Springs Professional Center. Is that Items 15, 16, and 17? Powell: Yes, ma'am. De Weerd: Okay, Powell: Thank you, ma'am. De Weerd: I didn't see any hands. Powell: That's what I anticipated. Thank you. Sorry. Item 13: Public Hearing: PP 03-045 Request for Preliminary Plat approval of 18 building lots and 3 other lots on 5.7 acres in an L-O zone for proposed Roundtree Subdivision by Rennison Engineering - north of West Pine Avenue and east of North Linder Road: Item 14: Public Hearing: CUP 03-069 Request for a Conditional Use Permit for a Planned Development for 18 residential 4-plex buildings on one lot in a L- Meridian City Council March 9. 2004 Page 27 of 78 o zone for proposed Roundtree Subdivision by Rennison Engineering - north of West Pine Avenue and east of North Linder Road: De Weerd: Okay. Okay. Item 13 is -- I will open the Public Hearing on PP 03-045, for Roundtree Subdivision. Open with staff comments. Powell: Madam Mayor, Members of the Council. This project is off of Pine Street, between Pine and the railroad. As shown here, it's in Lot 2 of Treymore Subdivision. The northern portion of the property is development with the senior community -- or is developed with the senior community at this time. The southern portion is still vacant. This is the preliminary plat. You can see the other apartment building to the north there. On the preliminary plat it's very hard to see how it's going to develop, we are going to go to the site plan. They have proposed -- the site is about 5.7 acres in size and they have proposed a total of 18 multi-family buildings, each containing one four-plex. So, they are each on an individual lot and, then, they will be sold to owners. There wllf be an owners association that ties all of them together, but each four-plex will be on an individual lot for sale, as you see here. This gives a total of 72 units. And I will show you what they look like. These are the elevations and some of the pictures. They are proposing two open space areas, one's a picnic area with three concrete pads, and one is a volleyball area, again, with two concrete pads and a barbecue. The Planning and Zoning Commission is forwarding a recommendation for approval with conditions. At the Public Hearing the applicant's representative John Rennison testified in favor of the application. Three members of the public testified expressing concerns about the proposed development. Key issues of discussion were the internal fencing restrictions and that was related to fire department ladders and being able to get between the two story structures. Secondary access to the site from the east. As currently shown, the site plan does not -- this drive aisle does not connect to the east. Staff has made that a condition of approval. We do have another application for a similar development on this property to the east and they are relying for their secondary access to come this way through -- through this way as well. So, it's kind of a benefit to both properties that this does connect, providing the emergency secondary access. Another question was the usable private open space requirement. I think I brought this up to you a number of times, that the -- for apartments or a multi-family dwellings in the planned development section, it does say that there needs to be 100 square feet of usable private open space for each unit and, then, the Planning and Zoning Commission did discuss that quite a bit and the resolved it that the 48 square foot patios, in addition to the landscaping around the back doors of the units, was sufficient area. These are up-down units, so they are -- each of them would have access. It's right by the please offer concise remarks. There is landscaping right behind that there. Some other questions were the CC&Rs for the development and, then, the internal traffic flow in the existing traffic in the area. I'm going to go up to that one. The Commission made two modifications to the conditions of approval for the conditional use. Their first was regarding the limit on the fencing to be a minimum of five feet per story from building. So, for the two story buildings any fences would have to be ten feet apart. So, it has the general effect of not allowing fencing in between the structures, because there is just not enough room. The second modification was -- as I mentioned before, it was just a clarification that the existing plan Meridian City Council March 9, 2004 Page 28 of78 does meet the requirement for 100 square feet of usable open space per unit. And with that I will end staff's presentation. De Weerd: Thank you. Any questions for staff? Okay. Is the applicant here? Please step forward. Did you participate in the swearing in ceremony? Rennison: I sure did. De Weerd: If you will, please, state your name and address. Rennison: Madam Mayor and Council Members, John Rennison, 50 Broadway, Suite B, in Boise. Thanks, Anna. Great job. I'll try to keep this very brief. We concur with the Commission's recommendations and I just want to add a couple of clarifications here. One of the, quote, key issues of discussion was the internal fencing restrictions. I think we have clarified that at the P&Z. We didn't have any objections to the modification in the recommendations. Secondary access to the site from the east, just as well reiterate that we do have an emergency cross-access easement agreement with the development to the east. I think it's called Rock Creek Development, if I'm correct. I don't know if we have an illustration of that, but I know that an application has been received by the city. Powell: We do not have one tonight, Madam Mayor, but we have received an application. I believe it goes before Planning and Zoning Commission within a month. De Weerd: Thank you. Rennison: And that cross-connection would -- it would be at the -- our drive aisle access to the east property line on the north side right about there. That's our cross- connection between the two projects and that's where our emergency vehicle cross- access easement would connect between the two parcels. The usable private open space, I think that's a pretty straight-forward matter. We are in agreement of the modified language. The CC&Rs, we have submitted a copy of the CC&R's to the city. There is -- there are folks that are interested in those -- in the language to be found in the CC&Rs. They are available for any interested folks to take a look at. I think the last item, internal traffic flow has to do with largely the cross-access easement agreement issues that we have somewhat talked about. We will reiterate that the cross-access agreement that we have in place with the developer to the east of us is for emergency vehicles only and that's what we have -- that's our intention for this connectivity. And that's all I have. I will stand for questions. De Weerd: Council, do you have questions for the applicant? Bird: I have none right now. De Weerd: Mr. Nichols, did you have something? Meridian City Council March 9, 2004 Page 29 of 78 Nichols: Madam Mayor, Members of the CounciL Mr. Rennison, in the Planning and Zoning Commission hearing a question was posed by the developer of the Treymore Subdivision about whether these units would be under common management and I believe your testimony was you hadn't explored that or considered that at that point. Can you tell the Council if you have had a chance to do that or not and, if so, what your decision has been on that issue? Rennison: Madam Mayor, the developers of this project, who are present here tonight, do intend to develop a homeowners association. The issue specifically of one entity to manage all of the units is still open for discussion. There has been interest in this project potentially to purchase all the units and so under that scenario there certainly would be one point of management for the entirety of the units. If it was a point of contention, J think I can speak on behalf of my clients that they would be open to a common association to manage the entirety of the properties. De Weerd: Okay. Council? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Did I understand you to say that this cross-access here was only for emergency access or did I misunderstand? Rennison: That's our intention, Nary: And so what's going to be there? A gate? Because I thought I heard Mrs. Powell say that the development on this side of the property was planning on using this, because this is their access to Pine. Did J -- maybe I just misunderstood. Rennison: There perhaps could be a misunderstanding. The project to the east of us, Rock Creek, is required to have a secondary emergency vehicle access and as are we, so we are intending to provide their emergency vehicle access through our property through that connection that you just pointed out there, out into Pine Street. And, similarly, we are going to exercise the same benefit. Nary: This is your secondary and this is their secondary access, but what's going to keep people from driving through it? A gate? Rennison: Well, that's a matter we need to actually discuss with planning. It's a somewhat open item here and I don't know if, Anna, you can add to this. Again, as we requested, there has been some comments from interested parties about the -- how much traffic would come out on Pine Street at our location. It's our intention that our primary access service our property only. They are -- the roadways through the project are private roads, so they are not -- to clarify, they are not public corridors. Meridian City Council March 9, 2004 Page 30 of 78 Nary: Now, I'm looking at the picture that Mrs. Powell had up there about the private open space issue and I notice that it says there is -- these little -- [ can't see them in that picture, because of that, but, essentially, there is a little pad there that -- I don't know how big that is, but where is the hundred feet of private open space? Private, [ guess, to me means private to each of these units, not private to the entire building and I don't see a hundred feet of private open space for the unit there. So, was that -- am I just misreading that? And maybe Mrs. Powell can help me, but that's the way [ read it, was that it's a hundred feet of private open space for the unit, not the building. And there doesn't appear to be a hundred feet of private open space per unit there. Most of it's common area grass; right? Rennison: That's correct. Actually, the property fines go to a minimum of ten feet beyond the backside of the building. So, that's the minimum dimension and so the building widths are approximately eighty feet and so the total dimension -- basically back lot dimension is a minimum of ten by eighty and there is four units per building, so there is ten by 20 or 200 square feet per unit that we are intending for the use and benefit of each particular unit. Nary: But are they separated at all? Rennison: There is not a physical barrier. Nary: Because it appears in here that it looks like a yard for the entire building. There doesn't appear to be any private open space for anybody, it's just a common yard or common area for everyone; is that right? Rennison: There is not a barrier between the space. However, there -- the partition walls between the individual units are about 20 feet apart and so, in effect, there is 200 square feet per building to be utilized as yard and, in addition, there is 48 square feet as a patio space. So, I don't know if there has to be a barrier to call it private or not, but I guess that's -- De Weerd: Where are the privacy walls? Rennison: Clarification. Not privacy walls, partition walls within the building. The units are two stories and there is four units per building. Each unit is -- has an upstairs and downstairs. And the building itself is approximately 80 feet in width. So, each unit is approximately 20 feet in width and thafs where I was referring to the partition walls between the two units. De Weerd: Okay. But the privacy pads, they are just a concrete pad? Rennison: That's correct. Meridian City Council March 9. 2004 Page 31 of 78 De Weerd: Okay. Any further questions? Okay. Thank you. Okay. We do have a couple of people signed up on the public hearing sign-up sheet. Maxine Johnson. Would you like to come forward? Now that doesn't look like Maxine Johnson to me. Butler: Maxine has turned it over to me. De Weerd: And you have raised your hand -- Butler: Yes, I did. Thank you. De Weerd: Jf you will, please, state your name and address. Butler: Thank you. Joann Butler, 251 East Front Street. I'm representing Thomas Development. Thomas Development was the -- if you could maybe put up -- this is not - - no. The plat, actually. That will do. Thomas Development was the entity that actually deveJoped this two-Jot subdivision, Treymore, and our client owns the property more close to Pine Street. He wrote to the Commission and stated three concerns, which J'm going to repeat tonight, and asked the Council to consider. The first one was to require some heavy landscaping -- a preponderance of evergreens on the north side on this property on the south side of the canal. The request had also been raised about restrictive covenants. Evidently, they have been submitted to the city. I know the city's concerned about cross-access and I know you will look for that in those restrictive covenants. Our client's concern is that there be strong enforcement mechanism for -- in case of maintenance problems and so we would ask that the city's attorney look at those restrictive covenants to insure that those kind of enforcement provisions are contained. Finally, our concern was that secondary access -- that it is the intent of developer to provide -- be designed as secondary access, so no body's confused, whether it's a gate or whether it's bollards, something that makes it clear to people that this is solely for emergency access. This is a private drive going all the way up to Pine Street. It is private service drives within the development to the south. When we developed Treymore Subdivision it was with a clear intent to accept traffic from the south over that private driveway to Pine Street, but that was it. So, we just ask that the condition that that is emergency access only also contain a reference to some kind of demarcation that will prevent other vehicles from coming through. Thank you. De Weerd: Thank you. Any questions for Mrs. Butler? Okay. Dave Larry. Were you also a participant -- Larry: Yes, Madam Mayor, De Weerd: Thank you. Jf you will, please, state your name and address. Larry: My name is Dave Larry. My address is 939 Northwest 13th Avenue. De Weerd: Thank you. Meridian City Council March 9, 2004 Page 32 of 78 Larry: Madam Mayor and Council Members, I'm the president of the Navaro Subdivision, which is just right across the street from Treymore that borders that whole area. We have several concerns. One is the traffic. You have got 13th Street, the Sun bridge home, and Treymore's driveway all within about 150 to 200 feet dumping traffic out into Pine, which is a very busy street now. If you build units in there, we are concerned about another 150 cars coming out of there at sometime during the day and that adds to the traffic problems we already have. Now, I know that ACHD -- but, again, I think you have to have smart growth and not just growth, period. I think you have to be smart about it. You do have Sunbridge, which is a nursing facility for those that are even terminally ill, type facility, to take care of the senior citizens. You also have the Treymore senior citizen home, which we are very happy that was the type of development that happened right across the street from us. But we don't think 18 four- plexes is what fits with those two types of developments and a homeowners association right across the street that own their own homes. You also have the issue of a railroad track that is used daily and if children are going to be there -- and we all know that children are fast and fence or no fence, if they can find a way out and explore, you have got them right next to the railroad track. You also have them next to a canaL When we are talking about the traffic, I talked to a fireman out of Nampa, who is also the representative for their whole state and I don't know what kind of gate you're going to put up there or if it's going to have a key or they are going to get the bolt cutters out to go through it, but they are surely not going to run over it. They are not going to damage their trucks. So, if that remains open, no matter what signage you put, it's not going to stop the traffic from going in and out of that U-shaped second entry they are talking about and we don't think that's adequate for the amount of units you're putting in there __ or they are wanting to put in there. The ten foot space -- and there is no privacy as you see in the back, If you have somewhere down the road an owner that wants to -- or a renter, string a fence across there, if you don't have something in place, pretty soon you have got a fence across there. If a fire breaks out you have hamstringed the fire department. Those types of things are a reallty. They do happen. And we are very concerned about this development and don't think it fits. We don't think it is smart growth. The other thing is it is low income, they are not next to the stores, the malls where they need to go, they can't walk to them, so you do have the traffic volume there. And with that I would stand for any questions, Madam Mayor. De Weerd: Thank you. Any questions? Thank you. Is there anyone else who would like to issue testimony on this application? Okay. Please state your name and address. Johnson: Maxine Johnson, 413 West Idaho Street, Suite 201, in Boise. De Weerd: Thank you. Johnson: And I am the regional supervisor for the Summit Real Estate Services management company, which manages the Treymore senior community, and I spend a lot of time over there and watching the little arrows and the pinpoints and everything tells some of the story, but when it comes to real life people, I took a digital and I only Meridian City Council March 9, 2004 Page 33 of 78 have one copy, but I'd like you to see it. What this is -- it's the street from Pine Street coming passed Treymore to the proposed Roundtree. These are the only exits and entrances that the senior citizens of Treymore have to come in and out of their home. The garages are over here and we have our parking area, so my concern and the concern of the management company and the people I represent is some kind of reassurance that the new subdivision Rock Creek absolute]y cannot have access through our property and through that because of -- De Weerd: I'm sorry, Mrs. Johnson. If you could give that to the chief, he can show it up on the screen. Johnson: I can get more. De Weerd: Well, this way we can -- even the people in the audience can see that. Johnson: Okay. The first thing I thought of when] saw this subdivision and saw some of the traffic that they are talking about, I think, my gosh, my people are going to get run over, because nobody there is younger than 62 and most of them are 70 to 80 years old and some of them still drive, but a lot of them walk, and they only have the one access. So, I would really hope that you will guarantee however you have to do it, that the traffic we have to put up with only comes from Roundtree and not from the other one and if there is any way that Roundtree could find another road as their main access and use this as secondary, I would appreciate that as well. De Weerd: Any questions? Thank you. Okay. Any further testimony? Okay. Council? Powell: Madam Mayor? De Weerd: Yes. Powell: Members of the Council, I feel I need to talk about that access -- or cross- access. Now, to my knowledge, we have not talked about there being a gate across that cross-access and I believe -- and I verified with both the police and fire representatives here tonight that they feel it's essential that that not be gated. In particular, the ability to have two access ways not only for emergency fire, but just for kind of regular police patrols is very important and in reviewing the Rock Creek application, we really kind of designed the two to f10~ together for the police, as far as being able to effectively patrol the area. So, I do believe that it is considered that there would be a true cross-access agreement between the two properties on -- at that one point. De Weerd: So, it would be signed? Powell: No. It would just be the continuation of -- from one drive aisle in an apartment complex to another drive aisle in an apartment complex. I would imagine over time that Meridian City Council March 9, 2004 Page 34 of 78 the two will kind of be viewed as one complex, that it will be perceived that way, anyway. De Weerd: Okay. Any questions? Okay. Would the applicant like to comment on any of the testimony that was provided? Thank you. You have five minutes. Rennison: Madam Mayor and Council and Anna, thanks for clarifying your position on that. I guess we are still of the opinion that the roads we are proposing through the -- or the drive aisles, I should say -- they are not a private road. Clarify. They are private in nature, so we do not intend to encourage the use of them for the general public and the property to the east. We would, I guess, consider the use of some type of breakaway bollards and there is other types of things that I guess traditionally -- historically the fire department has approved as a barrier for the general public, but that can be passed through in the instance of emergency. We would like to explore those options. We are pretty confident we can come up with some resolution there. There was an issue that was brought up by Mr. Mannschreck I guess in his letter that talked about some evergreens on the north side of the property. We did prepare a landscape plan that's in accordance with the landscape ordinance, of course. I don't know that we would be opposed to placing some evergreens over there on that side of the property, provided they would -- they would -- I'm not a landscape architect, can't attest to whether or not they would work well there or not, but if they did, I don't think we would be opposed to putting them in. Again, CC&Rs are already on file at the -- at the city and if any interested party would like to review them and give us come comments on them, we would encourage that. And that's all I have. I will stand for questions if there are any others. De Weerd: Council? Mr. Rountree. Rountree: Madam Mayor, I have a question. What's proposed for the strip between the two-lot subdivision? I believe you show all of that in your side and on your lot and I assume that that's the area bordering the drain. What's going to be done there? Rennison: I'm not exactly sure where you're referring to. Rountree: Where is the pointer? Right there. Rennison: On the Nine Mile Creek there? Rountree: Yeah. Rennison: What our proposal -- Rountree: What's your proposal there? Rennison: We are going to -- our proposal, I guess, should I preface with, in the interest of getting Nampa-Meridian's blessing of our proposal -- we would like to landscape up to Meridian City Council March 9, 2004 Page 35 of 78 the top of the embankment of the drain Itself and improve that in the condition from the state that it's in now, weeds, into an improved grass area. The area on the north side of the drain, we intended to leave it in its more natural state, but with some light maintenance. Rountree: Thank you. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Would you mind putting the site plan up again, Anna, please. Is this -- just so I'm clear, is this where they -- the volleyball court thing IS is right there? Rennison: That is the barbecue pit area or congregational area. Nary: Where is it, then? Rennison: Oh, down in -- Nary: Down in there? Rennison: Yeah. South side. Nary: Okay. Thank you. De Weerd: Any further questions from for the applicant? Thank you. Rennison: Thank you. De Weerd: Anna? Powell: Madam Mayor, Council, the police chief has suggested it may be appropriate for traffiC calming measures to add some speed bumps here and there and the fire chief, although he always hates such things, I think his quote was if we need them, we need them, so -- De Weerd: You don't think the seniors would use them as launching pads? Powell: Cadlllacs probably take them better than little Toyotas anyway. De Weerd: Mr. Nichols. Nichols: Madam Mayor, Members of the Council -- Anna, question. Do we often require access from one development into another to use a private street? ( Meridian City Council March 9, 2004 Page 36 of 78 Powell: Just one minor clarification. They are not technically private streets by our definition. They are drive aisles. And, yes, we have in commercial projects required cross-access. You may remember some of them weren't too happy about it, like in Resolution Business Park there was some complaints about requiring cross-access locations, but you have done it and those were commercial uses, but apartment complexes run that fine line of kind of acting sometimes more like a commercial use than a residential use in just their nature of traffic. So, it is a fairly similar situation. Nichols: Without too much information on this Rock Creek, is it also a multi-family development proposed or is it a detached dwelling proposal? Powell: It's also a multi-family development on individual four-plexes on individual lots. It's not the same type of unit, but it is very similar. De Weerd: Okay. Council, any further discussion? Okay. Would you like to close the Public Hearing or do you need further information on this application? Rountree: Madam Mayor, hearing no further discussion -- maybe. Hearing no further discussion, I move that we close the public hearings for Items 13 and 14. Bird: Second. Rountree: For Roundtree Subdivision. Bird: Second. De Weerd: Okay. It's been moved and seconded to close the public hearings on Items 13 and 14. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess I would start the discussion. There are two things that initially trouble me about -- well, three. Three things that trouble me about this application. The cross- access is a concern. I think it is going to become a race track in this subdivision. It is going to be a thoroughfare through there for adjacent property without something to really curb that and I don't really see that in this plan and I'm not here to redesign it for them, I just think it doesn't seem to work to me and this is the way this is. And this is a goofy piece of property, it's not some access issues, and I recognize that, but the intensity of use for this fairly small piece of property seems significant to me. The compatibility with the adjacent property of Sunbridge and Treymore and -- it doesn't -- it just doesn't fit to me between those types of uses to have this level of multi-family dwelling in that location on a private drive and a cross-access to another one, which is Meridian City Council March 9, 2004 Page 37 of 78 going to have another exit out onto Pine, just seems like a fairly intense use to me. The last one, though, that really troubles me is that our code says for a planned development, which is what this is, and the reason it's a planned development is so they can put more units in it, is for -- the code says all residential planned developments shall provide each dwelling unit with at least 100 square feet of usable private open space, such as patio or deck. The Commission made a decision that said 48 -- a 48 square foot cement pad and common landscaping is good enough and my opinion is it's not. It was meant -- the way I read this, it was meant that each of these units had private space. They don't have private space here, they have 48 feet of private space with no fence and the rest of it's all common space. There is no private space, really, at all for these folks. So, I don't think it is compliant with the PO requirements. I don't see that it is compatible and I think the design of it is too intense and I think the design of the roadway is a concern, because of it becoming basically a through street for both this subdivision and any adjacent development to the east. So, I think there is just too many problems, that this needs some design enhancement before I could support it. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: We have heard discussions about creativity in the past on these kinds of applications and I guess the only thing I can say positive about the creativity of this application is that they found the misspelling of my last name and I'm glad it's misspelled. I agree with everything Councilman Nary said. I have a real difficult time with this. It seems like minimal effort has been put into it in terms of trying to make it fit, trying to make it feel right, concerns about access, concerns about density, real concerns about the open space. De Weerd: Thank you. Any further comments? Do I have a motion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I would move that we deny PP 03-045, the request for preliminary plat approval of 18 building lots and three other lots for Roundtree Subdivision pursuant to the comments as stated tonight in regards to the density, the compatibility with the adjacent properties, the roadway configuration, and access through the adjacent eastern border property and the lack of private open space that would be in conflict with ordinance for a planned development and for counsel to prepare the appropriate findings. Rountree: Second. De Weerd: Okay. It's been moved and seconded to deny PP 03-045. Is there any further discussion? Mr. Clerk, will you call roll. Meridian City Council March 9, 2004 Page 38 of 78 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 14. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I move the denial of CUP 03-069, the request for a Conditional Use Permit for a planned development for Roundtree Subdivision pursuant to the comments as stated tonight in regards, again, to the access, the compatibility with adjacent surroundings, the usable private open space that is in conflict with the ordinance, and the density. I think that's it. For counsel to prepare appropriate findings. Rountree: Second. De Weerd: Okay. It's been moved and seconded to deny CUP 03-069. Any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 15: Item 16: Item 17: Public Hearing: RZ 03-013 Request for a Rezone of 5.51 acres from R- 4 to C-N zones for proposed Cedar SprinQs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: Public Hearing: PP 03-044 Request for Preliminary Plat approval of 5 commercial building lots and 1 common lot on 5.51 acres in a proposed C- N zone for proposed Cedar Springs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: Public Hearing: CUP 03-067 Request for a Conditional Use Permit for a Planned Development for four office buildings, a car wash, two fuel pumps and a drive through coffee stand in a Neighborhood Center designation for proposed Cedar SprinQs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: De Weerd: Thank you. Okay. Staff, is there a reason you asked me about 15, 16, and 17? Powell: Yes, ma'am, there was. I'm sorry I did that. I should have asked you at the beginning or notified you at the beginning. We did not have time to review a last minute Meridian City Council March 9, 2004 Page 39 of 78 submittal of a revised landscape plan. Came this afternoon. Staff did not have time to review it and be prepared for tonight, so we are asking that you table the application for one week. De Weerd: So, you would ask that they be continued until the 16th? Powell: If that's with one week, yes. Sorry. I can't even remember what today is. That's right. De Weerd: Okay. So, I will go ahead and open the public hearings on Items 15, 16, and 17, RZ 03-013, PP 03-044, and CUP 03-067, and ask Council to, please, continue these public hearings until the 16th. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we continue RZ 03-013, PP 03-044, and CUP 03-067 for Cedar Springs Professional Center until March 16th, 2004. Rountree: Second. De Weerd: Okay. It's been moved and seconded to continue the public hearings on Items 15, 16, and 17 for Cedar Springs Professional Center, to March 16th, 2004. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 18: Item 19: Item 20: Public Hearing: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Public Hearing: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Public Hearing: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Meridian City Council March 9, 2004 Page 40 of 78 De Weerd: Okay. Items 18, 19, and 20, with your permission I will open all three public hearings for AZ 03-027, PP 03-032, and CUP 03-058, and I will open with staff comments. Powell: Madam Mayor, Members of the Council, this is Saguaro Canyon Estates. This is a large subdivision, one of the larger ones we have got in the process currently. The annexation and zoning includes the 140 acres. As you see outlined here, it has also been amended to include the small strip of the driveway to -- also. And I will get in a little bit as to why that's occurring in a moment. The preliminary plat is for 461 build- able lots and 43 other lots and the Conditional Use Permit for the planned development is in order to approve reduced lot frontages, lot sizes, minimum house size and also two cul-de-sac lengths that exceed the maxim length as allowed by code. As you see here, this is the first urban scale development that will occur in this section. This property was done as a non-farm development in Ada County . There is a deed restriction on -- a 15- year deed restriction on this property, as well as all these little ones in back of these lots as well. The intent of this diagram is just to show you the other developments as they have come in in the north Meridian area and kind of highlighting the fact that this is the first one to occur in this section again. Okay. I'll try and go through some of the points here. I'll probably leave most of it up to the developer, but as you can see, there is a -- kind of collector road that comes into the project. It terminates at this location. There is a series of two large open space -- one at the terminal of this road here as you get around, there is this kind of short mill loaded street in this location that, again, terminates at an open space. You have fairly uniform lots going throughout the development. This is a five acre lot owned by the -- there is several properties that have been joined together to make this application. One of those properties is owned by the Boyacks. The Boyacks would like to keep a five acre property as shown here to - - they'd like to keep it and what they intend to do at this point is to develop a single lot phase of this property with this access road as shown and, then, to build a new house on that on a septic system. The other phases would start in this location, so it would be a disjointed phase for just that one lot. That's why we went back and re-noticed the annexation, was to pick up this strip of land. There is a strip of land that has historically been the access to this property and they are asking that that be approved as the frontage for that property. It's 24 feet in width. The standard requirement would be 30 feet. I think I'm going to skip now and go to the summary recommendation from the Planning and Zoning Commission. And the applicant's representative Mr. McKinnon has also provided a letter and I wanted to go through just a couple of those issues as well. Application does come forward to you with a recommendation for approval. Testifying at the hearing were David McKinnon representing the applicant and Rob Greiner represented John and Ed Priddy and they own the property right here, from here to here. So, they would -- this drive aisle would be their southern boundary and I believe their other property line comes through right there. And they express concerns about the density of the proposed development and their agricultural use, specifically a bull, I think, that they have on their property and how it would relate to this development. Mike Youngberg is a property owner representing the Larkwood Subdivision and, again, that's the non-farm development here to the east. He reiterated the concerns that they had in their letter. The Priddys have also supplied letters for the record. He submitted a Meridian City Council March 9. 2004 Page 41 of78 one-page agreement, dated 1/6/04, between Larkwood Homeowners Association and Farwest outlining five agreements made since the original application and neighborhood meeting. Grant Lee, who owns the property just to the north here -- Lee: Not that far. Powell: Not that far. Right there. Is that correct? Or here? No. Further down. Here we go. Now I got it. Sorry. Mr. Lee testified with concerns about lot sizes adjacent to his parcel, fencing, and street names, among other issues. Justin Martin, the applicant and developer, testified regarding a secondary access and other key points of discussion included timing and service of Meridian Road access, sanitary sewer location and timing, perimeter fencing, and restricting the number of build-able lots. I ran through those and I wanted to go through in a little more detail. Right now sewer is only -- sewer, right? Sewer is only available to about this portion right here. It goes into a different kind of service area on the other side of that line. So, right now there is very limited ability to service this whole property. I mean we just can't. To serve this property, the sewers are going to need to come through Paramount and, then, across one of these properties. I think it's anticipated that it would be this one. The elementary school -- middle school? Middle school is going on the southern portion and, then, we have not seen any development proposed on the northern portion of the adjoining lot. I'll go up to the surrounding property owners. There we go. Here is Paramount. As you will recall when Paramount went through, we knew there was going to be demand for sewer getting through the property in a timely fashion. We did not acquire those easements at that time, so to adequately serve the majority of this subdivision, that sewer does need to make it all the way through Paramount and, then, through the school property and over to this one and we were concerned about the timing of that in relationship to the preliminary plat approval. So, what staff had done -- that's regarding sewer. Now, there is also a question regarding access. The only frontage that this property has is McMillan. So, they have one way in for 461 lots at this time. They have proposed an emergency access. I believe it's here. That would be a secondary emergency access for the fire department. Staff wanted to see before they got passed the 236th lot, I believe it is. This is what came forward from the recommendation for approval from the Planning and Zoning Commission, that no more than 236 building permits would be issued until there was a second public access available and that would be a full paved public access, presumably coming from the west, to provide access one of these stub locations and that was what -- they have wanted that to be a secondary access, not requiring it to be paved, but the Planning Commission's recommendation was that, you know, until we have two streets coming in and out of this development, there should be no more than 236 lots. That 236 is not some magic traffic number, it just happened to be how many lots there were at a dividing line between properties that they picked. I believe it's this property here. Is that correct? Yes. I'm getting nods from Mr. McKinnon. That represents everything from here down could be developed with just a single access, but that this property could not be developed until there was a second access point. Okay. So, the key Commission changes to the staff recommendation were to add a condition to the development agreement that no more than 50 homes can be built until the North Slough Trunk and secondary emergency Meridian City Council March 9. 2004 Page 42 of 78 access are available. So, again, that's this line down here, basically, could be built until they had sewer and, then, you'd also have to have the secondary access. Emergency access. Add a condition to the development agreement that no more than the 236 building permits be issued until a second public access is available. Incorporate the five agreements made between the applicant and the Larkwood Homeowners Association to the east into that development agreement. Also add a clause to the development agreement indemnifying the City of Meridian in case the North Slough Trunk construction is delayed by actions of people other than the city. And you should have in your packet a memo from Brad Hawkins to the Mayor and City Council, ifs dated February 10th, and it's regarding a hold harmless clause for Saguaro Canyon and they did work with Mr. Nichols to develop the hold harmless agreement, basically stating that there was limited sewer to the project and that we won't be held to their time table, basically. So, with that I think the outstanding issues before City Council pertain to, one, the hold harmless agreement and to discuss that, where that adequately addresses those needs for the -- for indemnity. And since the Planning and Zoning Commission public hearing, they -- the Planning and Zoning Commission did not hear discussion based on this private driveway to the Boyack property and they did revise this to just include a one five lot phase, so that they can construct a new family dwelling on that. And that would be serviced by septic system and well, not by city sewer and water, until such time as the development got up there. And it would require modification to the preliminary plat to provide the lot with legal frontage, because it doesn't have it today, and would also require adding land to the annexation legal description. But I think they have already done that. Okay. Now, I wanted to go to Mr. McKinnon's letter. He goes through the conditions of approval and I'll try and summarize, so -- I don't usually take this long, but this is a large development with some -- a lot of issues were tied to it. But the first one he does ask that the condition number two be removed and that's the condition for the secondary access to be constructed on the site prior to issuance of the 236th lot. The other one -- I just wanted to comment that on -- with regard to the new septic and new well being on the site, we did want to make sure the applicant was aware that they would need to demolish the existing houses on the site before that would be permitted. There was some minor modifications to some of the other ones that staff did agree with. Staff, however, does still believe that there should be a paved -- oh, no, I'm sorry. It states that staff is in support of a 24-foot wide frontage for the Boyack property and it's a little bit strong. I think staff came up with a way that they could propose that, but the requirement is for 30 feet on a flag lot and the concern would be is that if that ever became more than a driveway for a single family home, then, that's inadequate width to even have, basically, two flags for a house out that way, because they'd each have to have a 15 foot minimum. So, it is -- we usually look for 30, even for common drives for two lots would require 30 and it is a fairly consistent standard. So, they are asking for a 24-foot width on that. And there is a little bit of concern on staffs part of what happens to this. You know, sometimes these become spite strips and are very -- are kind of a roadblock to future redevelopment. In this case where you have got a large house and kind of an estate to the west, it may not be an issue, but it's there for Council's consideration. There was one more memo from Mr. Hawkins-Clark that I wanted to point out. And it basically addresses the outstanding issues that -- that Mr. McKinnon has raised in his Meridian City Council March 9, 2004 Page 43 of78 letter. It should be in your packet, I believe it's Saguaro Canyon Estates talking points for Council hearing. I believe it's in your packet. And it does go over the requirement for the 236 building permit, that -- the applicant states that the Meridian fire department isn't requiring it. Well, they only address -- they address temporary or secondary accesses. They don't typically address the need for a permanent access. That doesn't mean it's not suitable for the Planning staff or the Planning Commission or the Council to address the need for a second access, particularly a project this large. The other one is that ACHo has just assumed that there will be another access available to the property once it hits one of their thresholds and I think Brad went through those numbers. Red Horse Way is a designated collector, residential collector, it would have a total of 3,600 average daily trips at build out. Residential collectors by ACHo policy are supposed to carry a maximum of 2,500 vehicle trips per day. Well, that 2,500 is for new development. They do anticipate that that number goes up slightly as additional development goes beyond that one, but their maximum policy says 3,000. So, this collector will have more trips on it than would normally be allowed by a collector and that's because they are anticipating that there will be some secondary access. So, all we have said is that prior to the 236th building lot going in, all Planning and Zoning Commission has said is that there should be a secondary access at that point. So, I think I'll leave -- end staff's presentation at that and answer any questions you may have. De Weerd: Council, do you have questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. Anna, on that five acre parcel, that wasn't before the Planning and Zoning Commission; right? Powell: Correct. Nary: So, that wasn't part of the staff report? Powell: Correct. Nary: That was presented? And I have heard you say that -- you may have softened a little bit, but the staff isn't necessarily promoting it, but you have found a way to make it work. But I haven't heard whether or not you recommend to have it. It seems a little goofy to me to let people build a brand new septic system temporarily until we get sewer there. But I wanted to know what your thoughts were as a recommendation, since that wasn't originally in the staff report. Powell: I have a little bit mixed feelings about it. I mean it's, obviously, of benefit to the Priddys as a -- as a much better buffer along most of their boundary. Is it appropriate for the city to want a five-acre lot? As a planner, I don't believe so. Is it going to be Meridian City Council March 9, 2004 Page 44 of 78 temporary? Probably. Once all these houses get up there -- I don't -- have never understood the real motivation and apparently they are very motivated to have this five acre lot and it's never made a whole lot of sense to me to put the money that's required for a new septic and well and, then, you know, if this were done at the rate the Lochsa has been done, then, they will be there in, I don't know, six months, Justin, something like that, you know. So, you know, to have that kind of investment and, then, to have __ to come along and say, no, you just spent 40, 50 thousand dollars, I don't know how much they cost for both of them -- anyway, you have just spent a chunk of money and now you have got to find out for -- you have got to get on the sewer system. I anticipate you will be getting a request from them not to hook up to sewer in the future. Nary: Me, too. I would agree. Powell: And, then, having a house on there without a redevelopment plan -- typically we do require a redevelopment plan on houses on five acres and I don't believe we have seen one yet for that five acre piece. De Weerd: Any further questions? Okay. Is the applicant's representative here? Please state your name and address and you have 15 minutes for your presentation. McKinnon: All right. Dave McKinnon, 735 South Crosstimber, representing Farwest Development tonight. And I'll try not to take the full 15 minutes. I will address the comments that Councilman Nary addressed and go over some of the issues that Anna discussed tonight, but before I do that I'd just like to layout for you some of the development features within the subdivision and tell you a little bit that he might not know about this subdivision. And I'll let you know right up front that I didn't have anything to do with the development or the design of this layout, but I, actually, do like the layout of this quite a bit with this spine road running right up through the middle of it and the high degree of interconnectivity of the subdivision. If we can start just right down on McMillan. As Anna has said, we only have frontage right on McMillan Road and there is not a great deal of frontage and there is a large canal that runs across the south -- the north side of McMillan. We are not going to have any frontage there for McMillan, we can't because of the ditch, but on the other side of the ditch we are putting a ten foot wide asphalt pathway, rather than a five foot sidewalk, and that's been approved by ACHD. Just to the north of that ten foot wide asphalt pathway we are putting in a large berm and this berm is going to be between eight and ten feet, possibly 12 feet in height. So, it's going to be a very large landscaped berm. Just to give you a sense of scale, the berm in Lochsa Falls, if you have driven past that, is approximately eight feet tall. We are talking about a very large berm for this site and. we would ask that there not be any fencing requirement on top of that berm. As you enter into the subdivision, the large collector road, which is the spine street that was addressed, it runs north-south, is a separated collector street. There is large landscape islands in between that and on the -- I believe it's the west side of that there is a pathway that runs the full length to here and, then, the pathway continues across the large open space lot. This is the regional pathway that's shown on the Comprehensive Plan that runs eastward as a six foot wide pathway to the east boundary line. So, we are meeting Meridian City Council March 9, 2004 Page 45 of 78 the requirement for the regional pathway system as well as part of the spine street. As Anna pointed out, the first 51 units are going to be serviced by a lift station in Havasu and that's where we are getting the sewer connection and that's where we have talked a little bit earlier tonight about the indemnification of the city and that's the only area that we will be able to sewer at this time until the rest of the sewer comes through. We have read Brad Hawkins-Clark's letter that he prepared with Bill Nichols about the indemnification of the city and we are okay with those requirements and we would approve the recommendation that the city has to include that as part of the development agreement. As Anna pointed out, the first 236 lots end right about here at the mid point line of the subdivision and at that mid point line there has been a lot of discussion about when and where the secondary access would come through and we would like to just at this time state that we would agree with the staff recommendation for the secondary access prior to any additional building lots at that location. We can agree to that. But in the agreement with that, we still want to point out that the fire access will still be required for that and there were a couple different options that we were provided for the fire access and one of those that was acceptable to the fire department was to where ever the sewer comes to put the gravel on top of that and bring it into the subdivision, rather than an asphalt. If we are required to asphalt a large area in here and bring it down for the secondary access for this site, that asphalt -- and it would be 20 feet wide - - we would have to rip it all out because we can't patch to it for ACHD standards and so we would ask that that secondary access for fire not be required to be asphalted at this time. I think I'll just keep going on to the five-acre Boyack parcel and address Councilman Nary's questions concerning the five acre parcel there. On the question of whether or not that was discussed at the Commission level -- the part that wasn't discussed at the Commission level was whether or not a 24 foot wide access road would be sufficient to drag back there and whether that 24 foot wide access road had to be a part of the annexation request. The request for a new well and septic system for that site was addressed at the Planning and Zoning Commission. It was recommended for approval with the language in the approval it stated that it would be torn out once water and sewer came to that site. So, it was discussed at the Commission level to have the new water and sewer system there. You mentioned that it seems a little odd. It seemed odd to me, too, but in talking with the public works department, they felt that that would be appropriate at this time for one building. The one building that they would like to construct on that site has not been designed yet and I can state with the conversations that we have had with the owner of that piece of property is that they would like to construct one building at this time, but in the future it will redevelop. As you can see, there is a stub street located on the north side of that property right there that would allow the secondary access to that site in the future and that's where the additional roadway come through. So, the major topic of discussion was whether or not that annexation -- the 24 foot wide driveway would be appropriate. The reason why it was continued to this project at this time was because when we submitted the annexation -- field description for annexation, that 24 foot wide roadway was not included with that. Ws a long, narrow, piece of property and it conforms with the Comprehensive Plan and the design of this it was -- we took a look at the Comprehensive Plan. The Comprehensive Plan showed that it should be appropriate for development for three to eight units per acre. The gross density for this site is Meridian City Council March 9, 2004 Page 46 of 78 approximately three units to the acre. So, it's on the low end of what the City of Meridian requested. If you take out the roadways and the other required improvements, the net density of this site is approximately four units to the acre, so it's, again, on the low side of the density that the City of Meridian projected for this site. Overall, the average lot size in this subdivision is around 9,300 square feet per lot. The majority of the larger lots are on the eastern side of the subdivision. Many of the smaller lots are located in this area. Those are approximately 6,500 to 7,500 square feet in size. And there is just ~- just to provide a mix of different housing types that can go in, different lot sizes for that, rather than just your straight 8,000 square foot that you would typically see in an R-4 subdivision. The Larkwood Homeowners Association to the east -- there has been a great deal of negotiation with them. You should have all received a copy of their letter that was submitted as part of the conditions for approval. Fencing was agreed to at that time. The tiling of ditches located along the eastern boundary of the property were agreed to. The limitation on the size of the houses regarding the height of those houses were restricted to 25 feet, so a great deal has been provided by the developer for this site. There is going to be several people to testify tonight concerning the sizes of the lots and those are similar issues that we dealt with at the Planning and Zoning Commission meeting. Concerning the sizes of the lots -- and we have some very large houses that lie adjacent to this property and just to point out Mr. Leets house -- you can't see the full size of it here -- is 10,000 square feet in size. However, it is approximately 460 feet away from the nearest edge of this subdivision and in redevelopment that's approximately the depth of three houses, plus roadways. And so as that property redevelops, there is going to be an allowance for a buffer for his site. Five hundred and sixty feet is a great deal of distance, approximately one and a half football fields in length, so it's a large separation between his house and whatever houses would be constructed on this site. On the western boundary of the property they have agreed to put fencing around the entire perimeter of the property. There was some discussion about some of the livestock and bull that is over there on the Priddy property and we have agreed to a fence around the perimeter of this property to provide some buffer to the Priddy property and, essentially, one that you would see in other subdivisions there is a note on the plat that is in reference to the agricultural awareness and people realize there is an agricultural use adjacent to the property and that it's not a nuisance, because it was there prior. It's the same way it's handled for all the areas that are developed -- in agricultural areas it's a note that's placed on the plat to allow everybody to know that at that time. Again, I wish I could take more credit for the design of this site. There is approximately 17 acres of open space within this site. There is a school site immediately adjacent to it and across the street is another school site, so it's well located with the access to the school and services. Water is available to this site presently. Again, the sewer issues we have discussed down here for the 51 units and sewer will have to come across in the future, but we have agreed to allow for the indemnification statement in the development agreement. In addition to that, just as a point of reference, the public works department anticipates that water and sewer will get to this area in approximately late fall of 2004 or early 2005, to the remainder of this property, so it's close. And, then, we have to get through the final plat, construction drawings and everything, so by the time we get to that point sewer is going to be very close, if not to this site at that time. There is a good deal of open space. It complies Meridian City Council March 9, 2004 Page 47 of 78 with the Comprehensive Plan. I know you probably have a bunch of questions and they probably have to do a little bit with the Boyack property, that's -- they'd like to keep that piece of property and they would like to redevelop it in the future. I believe the owner of the property is wanting to give that to his son and give him five acres and the son would like to develop that himself and to build at this time. We would request that that piece be allowed to be final platted before the remainder of the property or as a nonconsecutive portion of the plat, because it's discontinuous to the remainder of the plat and if it's recorded earlier it would be required by Ada County to have a separate plat name, but that is something that we can deal with as that comes through the platting process. I'd ask if you have any questions at this time that I can address and reserve time to offer rebuttal later. De Weerd: Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Mr. McKinnon, would you point out the pathway system again? McKinnon: The pathway system? There is a ten-foot pathway system along the Lemp Canal on the north side of McMillan. It continues up the spine road and goes across this large open space area, In addition to that there is an east-west access across the open -- across the ditch area in this location that would connect to the school site that is right here. It will connect to the school and the school has approved the connection at this location. And the pathway continues up to this point and, then, continues to the east. Rountree: Thank you. McKinnon: You're welcome. De Weerd: Any other questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mr. McKinnon, if -- on that five acre parcel there in the corner, if it's been the dream of the developer or the property owner to give that to his son, why did they draw it differently to begin with? If they draw -- they drew it with two cul-de-sacs in it on the plan that we have and so that was what was presented initially. And, secondarily, I guess J would ask the same question that Mrs. Powell brought up, who, realistically, is going to spend the money that it costs to build a well and a septic and say when we have water and sewer there, we are going to tear it out and hook to the city sewer? I just don't see that. Meridian City Council March 9, 2004 Page 48 of 78 McKinnon: Councilman Nary, we have asked the same questions. It's just a request of the property owner to have that five acres and to have the option to build that well and septic at this time. The cost of installing a well and septic system -- it depends on where you're at, but -- and depending on the soil types and the height of the water table, but to do a new well and to do a new septic system would come in under 10,000 dollars typically in this area and that might be something that they are willing to do for a three or four year wait if it gets back to them at that time. It's a decision that they'd like to make and it's been their request to have that opportunity. The two cul-de-sacs that you mentioned earlier were taken out of the revised plans. We didn't want to design that for them and have them stuck with that. They would like to redesign that for themselves. Nary: I guess the other question, though, too, on that parcel there, we don't have -- we don't have any other -- any other lots in the city that are part of the city zoning that are five acre lots, so I guess I -- I mean I still find this inconsistent with the remainder of this property or even anything within our code. McKinnon: Councilman Nary, just to address that in a round about way -- sorry. We couldn't separate it off from the remainder of this site, because that would be a subdivision of the property for the county and so we either annexed the whole site or we create an illegal subdivision for the county. And so it would remain -- it would be annexed as part of the whole and just remain as, essentially, what would be a county RUT type piece, with the ability to have the one building permit until the water and sewer gets to it and it redevelops. We weren't allowed to split that off. If we could we would. We would allow that to remain in the county and to deal with their own frontage issues in the county, but because it's all one piece of property right now, we have to annex the whole thing, rather than do a subdivision. It's not eligible for a one-time split in Ada County to have that five acres taken off, because it would not meet the frontage requirements. We know it's an odd request. It's been the request of the applicant. Nary: Well, I think, Mr. McKinnon, you know, we have also turned them down when people wanted to split everything but their house and annex all but their house and leave that parcel out and we have denied them, too, so -- on the access to McMillan, this is the area that -- where you were talking about the berm and not having a fence; is that right? McKinnon: That's correct. Nary: Okay. And I guess I'm still a little concerned on the traffic from this, even at the 236 mark on that location. I guess I'm not sure how you're trying to deal with the congestion or any of those things that appears that's going to happen from there. McKinnon: Councilman Nary -- and Bruce Mills is here from ACHD. He may be able to better address that. With 236 units just on the one collector street, that's approximately eight vehicfe trips per day per house and that puts us well below the 2,500 threshold, which is acceptable for the requirements of ACHD for a collector road and that's based Meridian City Council March 9. 2004 Page 49 of 78 On ITE's manual for traffic studies and so that's -- it will accommodate the vehicle trips for that and that's what it's constructed for. We did play with the idea a little bit of putting a secondary access here for fire, but in crossing the Lemp Canal, in addition to the fact that it's too close to center access, that it really didn't pan out, it didn't make sense, it didn't meet ACHD offset requirements as well. In addition to that, separating it from here to here just didn't seem like a big enough jump to create the additional right of way for that area. Powell: Madam Mayor, President Nary, I did want to clarify. There is sometimes a difference in terminology here and I think Mr. McKinnon keeps on referring to a secondary emergency only access and I think that the Planning Commission was referring to a public secondary access. Okay. I just wanted to make sure we were clear of -- Nary: That was the 236 limit; right? Powell: Right. Nary: At 236 you're going to have to have a secondary public access to this. Powell: Correct. Nary: Through the school site. Powell: Correct. Nary: Okay. Thank you. De Weerd: Okay. Any further questions for the applicant? Okay. McKinnon: Thank you. De Weerd: Thank you. Okay. I do have individuals signed up. Is Mike Youngbird here? Were you here when I swore -- Youngberg: I was here. De Weerd: Okay. Thank you. Just state your name and address. Youngbird: My name is Mike Youngbird. I live at 5075 North Larkwood. I guess I'm representing the Larkwood Homeowners Association. De Weerd: Thank you. Youngbird: The only -- I just had a couple of clarification items. In the public notices that have been coming out, it's referring to approval of 461 single family building lots Meridian City Council March 9, 2004 Page 50 of 78 and, as we understand it, there was an amended plat map and that's 442. So, I think thafs -- I just wanted to make sure that that, in fact, is the plat map that we have seen and looked at and are talking about. We have worked closely with Farwest and they have made several changes at our request. Really, the only concern that we have -- and it's more of a general concern is just the density of the homes. I don't know -- I have looked at the master plan and I agree it is consistent with the master plan, but it seems like awfully dense housing when you put it adjacent to a subdivision such as ours and the others that have been around it and they have worked well to try and create a transition with the larger lots next to ours and I guess I'll trust the Council that you folks will be able to determine from the master plan perspective whether it's consistent or not. But other than that, we just ask that the things we have agreed to would be approved. De Weerd: Thank you. Any questions, Council? Thank you. Okay. John Priddy. Priddy. I'm sorry. Priddy: Priddy. De Weerd: Please state your name and address. Priddy: John Priddy. 5740 North Meridian Road. And I was here for the-- De Weerd: I saw you. Thank you. Priddy: Since I don't come before you very often, Madam Mayor and Members of the Council, I'd just like to extend my appreciation for your hard work and effort in serving our community. Thank you very much. We own the property that was put up on the board. It's a unique property. It's a 20-acre property that has an interesting combination. It is a -- that's it. It's a -- it's a working ranch, cattle ranch, but also has a luxury home on it, so it's a very unique type of property. You have before you written testimony from me sometime ago where I expressed my opposition to this Saguaro Canyon -- I hope I'm pronouncing that correctly -- which is directly behind me and in that my main concerns were, really, as it related to the agricultural issues and, really, safety. We do have -- we will probably run more cattle out there this year and have two separate pastures, so there probably wlll be two bulls and, you know, hot wire fencing and all those kinds of things and just a six foot vinyl fence just gives me real cause for pause, because it abuts directly the east end of our property and so there is no -- there is no room there. I mean it's going to be -- there is just literally that -- the width of a fence between our property and that very dense subdivision. So, I do have real concerns in that regard and have offered in my letter to you some thoughts and recommendations relative to berming and some additional open space back there that might make it more of a safe environment and I'm aware of the farming laws and the right-to-farm act and so -- I mean legally everything is covered, but when you put that many people directly behind an acreage of that size with that kind of animals, it's -- I know coming from Los Angeles I had to learn about bulls and cows and -- you know. And once you learn about them, you know that they can -- they can do things that aren't Meridian City Council March 9, 2004 Page 51 of 78 safe for young people at a minimum. My other concerns, aside from that, really have to do with what I think is the whole issue of density. The density directly abutting my property looks to be -- at visually on the plat map, to be smaller lot sizes, as opposed to some of the larger lot sizes that have been approved on the other side next to the other larger subdivision. So, I would like to see not the smaller density lots abutting our property, but larger density lots, not only just from an esthetics standpoint, but also from a safety standpoint. Easier to control. You know, fewer homes or homeowners, you can have a relationship with them. When you put row houses right directly behind you and smaller lots, there is just more people and more problems abutting a property like ours. Long term I have to express my concern, because I think once this subdivision is approved it really casts the dye for the north Meridian plan and I'm not seeing -- in my mind's eye I'm not seeing the consistency -- although it may be meeting the standards, I'm not seeing the consistency -- thank you -- with the north Meridian plan and in terms of open space and the kinds of things that I think we all look forward to. And I guess my final comment would be is that I think we have a real unique opportunity in Meridian to be a special community and I think that there shouldn't be a race to try to get a subdivision of this size in so quickly before we really consider all the other components of the plan. Thank you for your time this evening. De Weerd: Thank you. Any questions? Thank you, Mr, Priddy. Okay. Mike Adkins. If you will, please, state your name and address. Adkins: Mike Adkins. 6000 North Meridian. De Weerd: Thank you. Adkins: Mayor, Council, I'm here before you to also voice my opposition to the Saguaro Canyon Subdivision. I find it somewhat concerning that -- from Mrs. Powell there wasn't reference to the testimony that I provided her. Hopefully, you have received my written testimony from February 3rd. But as Mr. Priddy stated, we share the same concerns. And I also found it somewhat concerning that there have been -- and, actually, I think that it was very good, I guess, on Larkwood's part if they proactively reached out to the developer on this case. But it's kind of concerning there have been active negotiations with the neighbors to the east of this proposed development and not to the west. Certainly as individual homeowners -- I think the Priddys and myself have significantly probably more to lose when you look at our respective 20 acre parcels with estate style homes, so I find it troubling that the developer has not reached out to work with the neighbors on this and to this date -- the date of this testimony I still have not had any conversations with them. I'm not opposed to development. I think it's very important, though, that when we consider development within the City of Meridian and being a long time resident here, that we do it with some forethought and I certainly supported the north Meridian plan. I see it sitting over there and certainly the area behind me directly to the east and to the Priddys at the time that that plan was being developed, was for open space and recognizing when you look at the development in terms of what's going on in north Meridian, we are about out of room and rushing to do a development of this magnitude right now when adequate city services do not exist in the form of sewer and Meridian City Council March 9, 2004 Page 52 of 78 in the form of water and I would challenge in the form of streets and certainly without question when it comes to the schools, this is premature and if this project is going to be developed, I think it has to be done with all the neighbors in mind and with the best interest of everybody and not just the developer in this particular case and so certainly I'm appealing to the Council here, as they consider this, that if you do consider it, please, do not consider it by lowering the minimum standards of R-4 zoning, which is currently 8,000 square feet. The developer here is asking for 5,700 square feet. We do not need to do this in the north Meridian area. As well, concessions have been made on the east side of the property to protect those homeowners and the value of those homes and those are very nice homes in the Larkwood Subdivision. I would ask the same thing. Tonight was the first night that I have heard of vinyl fencing being proposed on the west side. I heard it discussed on the Priddy property, but not on mine. I'm going to take it one step further. I think that should be high bermed and not by use, but by the developer, and it should also be fenced, so that -- so that you can separate two very unique pieces of property from a development of this size. But, certainly, I don't think this development should be -- appreciate that -- that this development should be considered under any circumstance until this Council is absolutely convinced that the city services and the infrastructure is in place to support this. You talked about -- early on your mission statement and changing it to a vibrant city. Well, a vibrant city isn't one that is overcrowded and overtaxed from an infrastructure standpoint and there is an opportunity right now for this Council, I believe, to do the right thing and that is don't rush to do this and preserve some of the open space that's out there in Meridian, but certainly don't do it without the infrastructure. Thank you. De Weerd: Thank you. Questions for Mr. Adkins? Powell: Madam Mayor? De Weerd: Anna. Powell: Madam Mayor, Members of the Council, we did receive a letter from Mr. Adkins. I didn't mean to slight him, I just forgot to mention the written testimony, and there is a fair amount of written testimony in this file, as well as spoken testimony. And one point of clarification on the -- his testimony as well. He spoke of open space and that reference was to -- there was a potential park and a school site notes in this area behind those two houses. That's when the school was anticipating locating there. I think they have located it here and here, instead. I believe. That was all. Thank you? De Weerd: And we do have the letter in our file. So, I have Grant Lee signed up. Lee: You got my letter also. De Weerd: Yes. Thank you. Please state your name and address. Lee: My name is Grant Lee. I live at 5603 North Locust Grove Road. I own the 30- acre parcel to the right in the upper corner. I abut both Larkwood Subdivision and I abut Meridian City Council March 9, 2004 Page 53 of 78 the proposed Saguaro Canyon Subdivision. I'm good friends with most of the people in Larkwood Subdivision. I, too, am disappointed that there was a lot of negotiations between the developer and them. Originally in their first preliminary plat as they proposed, the lot sizes on Larkwood and the lot sizes for the lots facing my property were the same size. After their great deal of give and after their attempts, they say, to have lots that are uniform and lots that are above average size, it turns out the lots at Larkwood towards my end are now 31 feet bigger, wider, than the lots that face my property and this came about after I turned down their sell my property at their price. My home is 10,000 square feet. I would consider that a luxury home. My garage is 1,800 square feet. It's bigger than the proposed houses that can fit on a 75-foot lot. In accomplishing making lot sizes bigger for Larkwood, they eliminated four lots and they slid the lots on my property smaller and also introduced a street stub, so Mr. Youngbird says he still thinks that the density is not what it should be. Well, his doesn't have a street stub going by his house to make it worse with everybody on that end of the neighborhood wanting to come down not only into my property, but passed my front door. I don't think that the requirement should be reduced for frontages or for lot size or for minimum house sizes. They did agree to put vinyl fencing, as the Planning and Zoning Commission required, passed my property. No mention of berms, no mention of pressurized irrigation, no mention of changing lot sizes, other than they decreased it 31 feet small, as I mentioned, from the Larkwood sizes, where in their original plat they were exactly the same size. I disagree with that strongly. The Planning Commission was very hesitant to approve more than the first phase. If you will look back through their comments -- although they did approve the first phase, they were very hesitant to do that, and I don't have any problem at this time if the first phase were approved, but jf you do approve that, I would strongly suggest that you don't approve the rest of the subdivision until such time as they are ready to approve and, who knows, maybe some developer is going to come into my property and want to put a street stubbed differently, rather than running right passed my front door. My house, just in final comment, does not sit back 550 feet. My house is right in line with the other homes in Larkwood. They have the luxury of an acre minimum, non-buildable lot, separating from these larger lots now and mine are squeezed into 74 feet and I'd like that same thing, to be able to have some vacant property between my house and these little skinny lots with the street stub coming right passed my house. I sincerely hope that you take those into consideration when you make your decision, not just on my behalf, but from Mr. Adkins and Mr. Priddy. Larkwood got what they wanted. They don't seem to care that my lot sizes have been decreased at their benefit and at my expense. Thank you. De Weerd: Thank you, Mr. Lee. Any questions. Okay. Is there anyone else who would like to issue testimony on this application? Please step forward. Had you participated in the swearing in? Beehler: I did. De Weerd: Okay. Please state your name and address. Meridian City Council March 9, 2004 Page 54 of 78 Beehler: Madam Mayor, my name is Stephanie -- or Stevie Beehler and my address is 1920 Tanner Court, Meridian, Idaho, 83642. De Weerd: Thank you. Beehler: I just have some comments and some feedback for you, because I don't really know, I have to trust you to decide what's right or what's best for our community. And I think you have done a fabulous job just watching you here this evening. So, thank you. I do -- my husband and I do own a parcel, it's adjacent to this. It's at the northern piece that you can't really see on this plat, but it's up above -- yeah, it's one of the little four squares to the north. Yes. That one. No. Down at the bottom adjacent to it. There you go. So, that would be the parcel. Oh. Sorry. I forgot it was Mr. Wardle doing that. Excuse me. But, anyway, just some feedback, for your information, because I do know my neighbors, and they have some very fabulous, very unique properties on the outside of the proposed subdivision. You know, anything that the developer could do to maintain that integrity and, therefore, they don't lose the value of these beautiful, beautiful pieces that they have spent a lot of time enhancing and making extremely gorgeous homes and landscaping on those 20 acre parcels and the other parcel, the other large rectangular would be, I'm sure, greatly appreciated. I just thought I'd give you some feedback, you know, everybody probably deserves the same consideration. I, myself, haven't been contacted, but that's okay, too, I probably had a chance to go to the hearings before this. I was out of town and that's all right. One point of information. My little ten acre parcel there has already been -- at least I received a letter in the mail from Ada County and they did say that I could split that into two five acre parcels. So, the five acre parcel that is being discussed there is not, in my mind, unusual, the Boyack parcel that you're talking about, because I have already been told I can take that ten acres and split it into two. 80, that's not unusual and I just thought from a -- I'll give you another point of view from a horse owner's point of view or from somebody who likes to have a large piece of land, it would not be beyond me at all to put in a septic system and drill a well and, then, when city facilities became available, to take advantage of them, because I'd much prefer to be on city sewer. I know it's more money, but I would much prefer to deal with that than a septic system and 11m currently building on a piece of property while I'm putting in a well and I'm putting in a septic system and when the facilities are available I fully intend to spend the extra money and connect and take advantage of those. So, that's a little different perspective for you and I guess that was basically what I wanted to say, is just I think all the homeowners deserve the same consideration and let's see if we can't keep the value of their property intact. I think that's really important to all of us. Thank you. De Weerd: Thank you. Any questions? Thank you. Is there anyone else who would like to issue testimony on this? Okay. Would the applicant's representative like to rebut? You have five minutes. McKinnon: Okay. I guess I would like to rebut just a few things. If we can start off with just a couple of items that Mr. Priddy had to comment on. Anna, could you go to -- to the next two slides. There we go. Right there. Mr. Priddy's lot right here, we have Meridian City Council March 9, 2004 Page 55 of 78 approximately an 8,500 square foot lot and another 8,500 square foot lot. There is two lots that are approximately 6,500 square feet adjacent to it. There is four lots adjacent to Mr. Priddy's property. The request for berming of the back yards or the side yards of these two lots and, then, putting a fence on top of the berm becomes problematic in a back yard, because you build the berm and, then, you put a fence on top of it. At the height of the berm is where you would like to see your property line, but if he wants to see the berm all on one piece of property, then, essentially, the applicant or the developer would be granting all the remainder of that land on the other side of the berm to the owner of the property adjacent to it, because the owner of the property could not utilize that property on the other side of the fence, so you would have a berm built up with a fence on top, everything on one side typically goes to one owner, and the other to the other owner. So, you could create a berm and put a fence on top of the berm, but that -- it destroys the back yard of those properties. And, in addition to that, we are only dealing with four properties on Mr. Priddy's property that we would be looking at. So, the berming in the back yard becomes somewhat -- somewhat hard to do. And as far as the fencing and having the fencing discussed for the first time, at the Planning and Zoning Commission meeting there was a great deal of discussion with Larkwood Homeowners Association and they wanted to have a five foot tall fence with a one foot lattice on top. We talked about what type of fencing the adjacent neighbors would like to see and at one point during the conversation in the minutes they said what do you feel about doing the west boundary, as well as the east boundary and we said we would be happy to do the west boundary, as well as the east boundary. So, we agreed to put the fencing in at this location. In regards to the agricultural uses, there is a lot of agricultural uses in Ada County that are adjacent to properties in the City of Meridian and, as Mr. Priddy stated, the right-to-farm act basically covers the legality of that for this subdivision. As far as Mr. Adkins comments go, there is a couple -- well, he addressed a lot of things and I got a copy of this letter today from Brad Hawkins-Clark and he addressed a lot of things, the issues of whether or not water and sewer are available and, as we stated, water is available and if sewer is available for the first 51 lots, and we would agree to wait until the water and sewer -- or the sewer gets brought into the remainder of the property. As far as the schools, there are two schools planned immediately adjacent to this site, one across the street and one immediately adjacent to this site, so schools are in the works and you typically don't see the schools until the people are there and so those are in the works, as the rest of the things are going through. Planning takes place at the same time for schools and for subdivisions. As far as the streets, that's a difficult question to answer, because we can't dedicate any additional road on McMillan. If we could, we would, but we can't and so we are left with what we have got there. We have met the traffic study requirements for the collector road and for the access onto McMillan. It falls within the guidelines of Ada County Highway District for the use of McMillan Road for the vehicle trips that would be generated by this subdivision. We talked a little bit about berming and fencing. Again, it becomes difficult to berm and fence someone's back yard unless you can do it on one side of someone's property and have the berm -- the remainder of the berm fall on the other side of the property, which is not what they1d like to see happen. I believe a fence would be adequate at this time. I don't know if Mr. Adkins has any cattle on his property right now -- no cattle. It's a large piece of property and the house is set back -- I think Meridian City Council March 9, 2004 Page 56 of 78 it's about 360 feet on -- from the topo map that shows where the houses are at and they jump right from there to Mr. Lee's discussion about not being 560 feet back. That might have been my mistake. It's 460 feet back from the remainder of this property and Mr. Lee's conversation just a little bit more, the idea that an additional stub street has been added to his property, the stub street was, actually, in the same location. There was a great deal of testimony at the previous Planning and Zoning Commission meeting about the name of that stub street, because it was called East Totem Pole Way and he didn't want to live on East Totem Pole Way if the street was ever to continue through and so we went ahead and changed that to a new name and so the stub street didn't change. The actual number of residential lots within the subdivision has gone from 461 units down to 442 units, so the sizes of the lots have gotten bigger adjacent to Larkwood. There was one unit out of -- there were four units adjacent to Mr. Lee's property below Totem Pole. The fifth one was moved up there. Those are still over 8,000 square foot lots, which are larger than you would typically see in the R-4 zone. The fact that we are adjacent to a large estate type development that's set back far enough from the remainder of this development and the fact that it will redevelop in the future should provide additional buffer for that. I thank you for your time tonight and I'm thankful for those people that came and testified. This is a large project and there is a lot of impacts with this and we understand that and we believe that it provides a great deal of open space and some of the necessary things that you'd like to see and the creativity of a subdivision and I'd ask if you have any questions at this time. De Weerd: Do you have any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: It would appear, Mr. McKinnon, if I'm looking at the original site from where the 461 to 442 came, it appears that, really, all of it is just this parcel right there. So, it really was just the change from the two cul-de-sacs and the fairly intense amount of parcels right around this piece to one -- part one house and that's it. So, it wasn't really -- I mean it's not like you readjusted the whole thing, I mean it's really just that one part that took 20 out. McKinnon: That's probably pretty close to being accurate. I know there was some movement and shuffling of these lots in this area, a great deal of it, but you may be correct in that. In addition to that, if you will notice on the plat there is a note as to the average lot size and that excludes the five acre piece. It does not include that in that number. De Weerd: Anything further? I guess I was curious -- you mentioned that 8,000 square feet is large for an R-4. McKinnon: That's a minimum in the R-4 and let me clarify that comment. I started speeding up really quick. In the -- Meridian City Council March 9. 2004 Page 57 of 78 De Weerd: I just wanted to clarify. McKinnon: Well, if you look at the Comprehensive Plan it says R-3 to R -- three dwelling units to eight dwelling units per acre and so there could have been a request for an R-8 designation on this property, which would have allowed for much smaller lots than would be allowed. In addition to that, under the planned develop requirements you can ask for a reduction in the lot size. The lot size is not being reduced there adjacent to this property below that, which would be an R-4 minimum. It's actually above the minimum, which is 8,000 square feet in R-8. De Weerd: I guess, though, I'm curious. When you look at the size and the quality of the homes, that you still have 8,000 square foot lots on, or less, they are not going to redevelop into R-8 subdivisions, even if they would. Mr. Lee's home is 10,000 square feet and his garage is bigger than the houses that will probably be built on those lots. So, he's -- even if he did redevelop, which he didn't say he was, he's not going to surround himself with 8,000 square foot lots. So, I guess I don't understand why there isn't a better attempt to transition, not only on his side, but also on the other side, because of the quality of the homes and the size of the homes that are on those estates. McKinnon: Madam Mayor, Members of the Council, just going off the Comprehensive Plan from the City of Meridian that was adopted, you're right, on the east side of this property and taking a look at the estate size lots that are over there, the City of Meridian, in doing the Comprehensive Plan show the properties to the east being low density, which is the -- up to three dwelling units per acre. It won't develop at this same density. However, what do you place next to a 10,000 square foot house, other than a large 10,000 square foot house to have the same type. If you were to do that, the 10,000 square foot house, you could essentially look at doing, you know, one to one and a half acre lot subdivision in there, which isn't a city density. This piece of property is going to come into the city at sometime and come in with a city density and those large lots in that area are not going to come in at being the size that would accommodate a 10,000 square foot house. You know, as a point of reference, the R-3 is 18,000 square feet and R-2 zoning, which is the least dense that the city would allow, just two units to the acre, is 20,000 square foot lots. You're not going to be able to fit very many 10,000 square foot buildings on that. Within that 460 feet you could fit two large lots, plus a street in between it. At a higher density of the R-4 type density, which is also something they could request under the Comprehensive Plan, they could fit three -- there is three stacks worth of housing, plus roadways between the house and this piece of property. It's a big house. De Weerd: Well, I'm not asking you to put a 10,000 square foot house there. I'm just saying there must be some kind of transition and your development -- your proposal is certainly not anywhere close to what would even transition between their house and your piece of property and I guess that's what my question was. Also, as I recall in the conversation and the testimony that led up to the adoption of the Comprehensive Plan, Meridian City Council March 9, 2004 Page 58 of 78 that open space was there because, in essence, a lot because of these estates and I know that those are floating, but I guess I thought there would be a little bit more sensitivity in those areas for a transition, a larger size lot, or open space. So, I guess I would share some of the concerns of the people that have testified as to what really transitioning is occurring and I guess another point is the agricultural use of Mr. Priddy that with his current use there is great cause of concern with the livestock and that you would have that kind of density next to that kind of use. McKinnon: As far as a transition for those areas, what type of transition would you like to see? De Weerd: I guess I'm a little bit perplexed, like the testimony is. What you have done in the transitioning to the east of your property and that subdivision, it seems like there was greater sensitivity down there to that transition of uses and so, I guess, maybe something in that regard. But, again, to the berming or allowing of berming, at least in lot depth, that you could have berming to the properties to the west. And I'm not going to design it for you, those were just my questions. And I guess my last question is more in terms of, you know, in considering sewer, I guess I'm, again, a little bit confused on why we are considering a lift station. We hate lift stations and the lift station would be pumping this sewer into a sewer line that isn't to serve this particular piece of property. So, when you say there are services out there, even to 51 lots, really, there aren't. They are putting in a lift station to sewer those 51 lots into a different sewer line, as I understand it. McKinnon: Let me address that real quick. The sewer lift station is there. It's part of the Havasu Subdivision or Cobre Basin. So, its an existing lift station. It's not a new lift station. It's the lift station that was installed as part of Havasu, which is now Copper Basin. It's an existing lift station. De Weerd: And that's across the street. McKinnon: It's across the street. De Weerd: And would be in the White and this would be in the North Slough. McKinnon: Thats correct. And as soon as it comes through, then, it's set up so it would drain into the correct drainage. De Weerd: But, generally, our policy is we do not sewer subdivisions into a line that it's not meant to sewer into and that's my only point. McKinnon: Okay. De Weerd: We don't have -- we really, if we follow our policies that we have been fairly consistent in, is that wouldn't be considered that we have sewer out there. Meridian City Council March 9, 2004 Page 59 of 78 Watson: Madam Mayor, can J just clarify that? De Weerd: Uh-huh. I would appreciate that. Watson: This first phase would forever more sewer by gravity down into the White trunk. De Weerd: Oh. Okay. Watson: It's just that the top part of Cobre Basin is on a temporary lift station until what we call the Starky piece to the west is developed and it will flow westward into the White trunk. It's going into the right drainage, it's just it needs a little jump across some undeveloped property at the current time. De Weerd: We have a piece of that that is sewered by -- this property is sewered by two different trunk lines. Watson: Correct. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Yes. Wardle: I'd like to just real quickly -- Mr. McKinnon asked the question of -- and lId like to give my opinion. He asked, well, what would you like to see as far as transition and I would say that the developer worked with the residents in this subdivision right here to find something that they felt was a transition from larger uses and so J didn't hear from public testimony that the developer worked with these surrounding entities to find a similar transition which they would find acceptable. And so -- and maybe that might be the answer to one of the questions that Mr. McKinnon asked. McKinnon: Madam Mayor, Members of the Council, there has been -- you know, we did do a neighborhood meeting where everybody within three hundred was contacted and those people that did nIt receive a notification, I can't speak to that, but there was a neighborhood meeting that was held and it was held at one of the area hotels and there is a large number of people that live there. The Larkwood Homeowners Association was -- I'll just state they were the more aggressive of those that wanted to try to work harder with that. Mr. Lee and the developer have worked and they have tried to -- they even talked purchase of the lot -- Mr. Lee's lot for future development. I mean it's not as though that's been put off. There has been ample testimony from the applicant -- from the adjacent property owners at the P&Z meeting, so ifs not something that we haven't tried to work with, there just hasn't been a great deal. If you could give me just a few seconds to talk with the developer, I might be able to get one thing straightened out. I'd Meridian City Council March 9, 2004 Page 60 of 78 like to have that straightened out before you close the public hearing and report back to you on something that -- Bird: I need to ask a quick couple of questions. De Weerd: Mr. Bird. Bird: Now, you're testifying that you met with the opportunity -- every person within 300 yards of this property had the chance to meet with -- De Weerd: Feet. McKinnon: Three hundred feet. Bird: Three hundred feet. They were all notified and made sure that -- where the location of the meeting was and all this kind of stuff. McKinnon: To the best of my knowledge that's correct. Bird: Okay. Because we have had three people testify that -- or four people testify that they did not receive a notice. The 8,000 square feet, we can have by 75 by 150 or __ what's the width of Mr. -- the lots that are butting up against Mr. Lee and also against Mr. Adkins and Priddys? Lee: Seventy-four feet-- Bird: Just a minute. McKinnon: That's pretty accurate. Seventy-four, seventy-five feet, 110 feet deep, for those -- Bird: See, the 8,000 is your minimum for R-4s. McKinnon: Right. Bird: But you can make them in any rectangular shape you want. McKinnon: That's correct. Bird: I, for one, would sooner see a lot wider, less of them there, and not as deep to get that, and I think that would match up much better against that property than some long, narrow thing that we are -- McKinnon: That's, actually, one of the things I wanted to talk with the developer about before you guys close the Public Hearing, have a chance to get back to you on that. Meridian City Council March 9, 2004 Page 61 of 78 Bird: And we also -- I'd like to make sure that all parties around there was notified of this meeting that you had with them. McKinnon: And, Councilman Bird, just to follow that up, the city sent notifications as well for those meetings and, you know, the city has the applications and knows how to contact those people that have to deal with this if there were additional questions. Nary: Madam Mayor? De Weerd: Okay. Mr. Nary. Nary: Before we do that] maybe I could ask a question, too. Anna, could you back up the one slide that's basically the north Meridian area, the one that's got the colors on it? There we go. I mean I think this is a situation, Mr. McKinnon, and I guess it's more of your comment. You know, when we approved this subdivision and this subdivision, I don't we think we had five people come to both who had -- and these two subdivisions are three times the size of this. But this is very typical -- and the Mayor has really hit on the point that I guess I had a hard time figuring exactly what my concern is, is these didn't have -- the developer basically bought all the property of the people that were around it that would have any issue. That's not the case here. This is not exactly an exact definition, but this is an in-fill development. There is a lot of development around this property and I think as Councilman Bird said, it seems like -- at least our testimony is that they worked very diligently to attempt to transition this piece or this portion of the property, but not really the rest of it and I don't think that you needed to transition by building 10,000 square foot houses, but I guess I -- I think the five acre parcel is the only one that really seems somewhat compatible with the area, because there are other options. I mean this is not a -- this is not a bad subdivision, I think Farwest has built a lot of good subdivisions. I like the open space, I like the streetscape design, I like the pathway design in it, but this is pretty dense. I mean in the design of this, the trade-off to those pluses is the lower lot sizes, the smaller lots sizes to have the increased density and I recognize it's still four units per acre, but it is really squished in here compared to some of the other ones we have seen and it doesn't fit these other homes. These are not -- many of these homes I don't think are going to redevelop in the immediate future and I guess that's the problem 1'm having with it is I don't really see these redeveloping. [don't see people tearing down their 10,000 square foot house in the next year and a half. So, I don't see that transition that I think is critical when you are having to design among existing homes that realistically aren1t going to be redeveloped in the immediate future. And I don't that you got an answer to that, I guess that's just my concern and maybe as you talk to your client, you know, figure out how you are going to address that. McKinnon: Can you give me a few seconds? De Weerd: Mr. Bird and, then, Mr. Wardle and Mr. McKinnon. Meridian City Council March 9, 2004 Page 62 of 78 Bird: Before he meets with his people, I believe along there where we got cattle -- and I know Mr. Adkins stated he didn't have any cattle, but Mr. Priddy has cattle -- and I don't know if they have horses or cattle out there or anything, but I would think that if -- they can put the vinyl fence up, but in -- on the side of the property owner on Mr. Priddy's and that area, I would recommend that the minimum be six foot chain link fence for cattle along the inside of his property or on the property there. I know we have got laws that protect the agriculture and everything, but that still don't make it right if some kid gets killed by some bull. De Weerd: Mr. Wardle. Wardle: Madam Mayor, I'd just like to follow up on a comment from Mr. Nary and I don't -- the five-acre parcel here, I don't think that's the answer for that whole section. I think there is a better transition. And I don't think Mr. -- I think there are opportunities around -- around this perimeter that are more dense than one acre lots that will fit. I just didn't see them in this application. De Weerd: Thank you. We will go ahead and take a recess and, then, you and Mr. __ whoever can rebut. Okay. I will call a ten-minute recess. (Recess.) De Weerd: I will go ahead and call this meeting to order again. Is the applicant-- McKinnon: Dave McKinnon, 725 South Crosstimber. Thanks for the recess. It was helpful. I had a chance to talk with some of the neighbors and we didn't come to a full resolution yet, but there are some things that we would be willing to do to try to bring the transition into compliance. Anna, could you go forward to the next slide? Thanks. One thing we just need to point out, we are dealing with a large piece of property and looking at it all on one piece of paper -- you know, one slide, this is a very large piece of property with a lot of homes in it. Just to point out what we are dealing with here in size and scope of this, just to get an idea, is from landscaping buffers on each side of this street are 25 feet wide. That's the same width as you see from Lochsa Falls on Linder Road. These are very large, wide landscape buffers along there. There is large open spaces in these locations and these are the -- this is the largest open space that Farwest as ever done in one of their subdivisions. You're talking about eight -- 17 acres of open space. It's a large amount of open space. The buffer on McMillan is actually as wide as you see in Two Rivers. This is a very large -- large berm that you're going to be able to see -- it's a really large berm, so we are dealing with something thafs very big in scope, something you can be very proud of for the city. Now, let's go back to the transition issues. There we go. With Mr. Lee's property, the initial plat that he looked at showed five -- showed four lots there. We are willing to get rid of one of those lots and go back to the four lots, the same sizes that he was okay with previously. We will take out one lot and move it back to that size. In addition to that, over on the Atkins piece and the Priddy piece -- the Priddy piece over here, we have talked with Marty and Marty is willing to do a stone wall across there for the agricultural purposes and with a stone Meridian City Council March 9, 2004 Page 63 of 78 wall in place you don't have the same issues with the cattle being able to knock through that and the safety issues and that's a big concession, but a stone wall that length of the property would be able to address the issues for that. Again, we are dealing with some very large setbacks from those houses. The neighbors recognize that we are not going to be building executive style Spur Wing houses in this subdivision. That's not what this is. The Meridian Comprehensive Plan doesn't allow for that. It says three to eight dwelling units per acre, which is what we are doing here. Along the western property line as well we can agree to take out three lots and lengthen all of those that creates the width that you were talking about, Councilman Bird, to being much wider. That would be another 180 feet, essentially, to spread out over nine lots, which is going to get you up over the minimum of 80, more close to 90. Those are some issues that we would be glad to do. So, we can get those reduced by three lots, spread out that 180 feet equally amongst those lots and, then, you have less houses. It's very similar to what you see on this side with the larger lots. Once you get on the north side of this cross street here those lots are all in the 90s and above range as well and so we have created the additional width. And so we have got some great distances and, you know, in the past there has been a lot of discussion about what do you do with the properties that are adjacent to five acre lots and the 20 acre lots, ten acre lots. One of the things you have to address in doing that is finding out where the houses are in relationship to that. Most of these houses that are in relationship to this subdivision are over one hundred yards away from the subdivision itself. That's a big distance. That's the whole length of a football field, plus some and it's not reducing the value of that property, because they, themselves, have a large buffer on their one property from the subdivision itself. It's hard to buffer agricultural uses sometimes from itself and so we can address that by widening up those lots and doing the stone fence for the western property line and we can agree to do those at this time. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. McKinnon, why don't we -- I don't like to -- I, for one, don't like to pass on a preliminary plat without seeing the actual footprint, so why don't we continue this for a week and give you a chance to redo your lots and stuff and so that we can actually get a feel for it. I mean we are not all planners and builders and stuff, so we'd like to just actually see how they compare up against the other stuff in some kind of a coordinated drawing -- scale drawing or something. If we continued it for a week, would that give you time to do that? McKinnon: That would give us time to do that. Bird: Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council March 9, 2004 Page 64 of 78 Nary: Mr. Bird, the only thing I would suggest -- is a week enough time for these neighbors to see that, too? De Weerd: And for staff to evaluate it. Nary: And for staff to review it. I mean that would be the only thing about a week is I want these folks to have the opportunity to see what you're proposing, so that they have an opportunity to comment. McKinnon: That's a question for the neighbors as far as the time frame that they'd like to see that, but in talking about the things that I just mentioned, it's line work for drafting, it's something that could be accomplished very quickly. It's moving lines and creating new distances for that variance, but that's something that can be handled very quickly at a drafting level. It's something that, you know, we could have ready, you know, by -- sometime in the afternoon tomorrow or Thursday and it could go to the neighbors and they'd have the weekend to take a look at that and work over those issues and we could have it to the staff in the same time frame. Powell: We would need it dimensioned. McKinnon: That's correct. Dimensioned. It's just line work, it's just moving the one line and erasing and moving other lines over. That creates the new dimensions. Powell: You have got fast draftsmen. McKinnon: Well taken. The neighbors just mentioned that they'd like us to work with them prior to having all the drafting done, so that might be the appropriate direction to go with that. De Weerd: And make sure you contact all of the property owners and -- McKinnon: Okay. Like I said, to the best of my knowledge that's what we have done. De Weerd: Just personally. McKinnon: They are here now, so I have got them cornered. De Weerd: Well, not all of them. McKinnon: I have got a couple of them cornered tonight and I will get with them. Bird: Mayor? De Weerd: Mr. Bird. Meridian City Council March 9. 2004 Page 65 of 78 Bird: With that, I would propose that we continue public hearings Items 18, 19, and 20 until March 23rd, 2004. Rountree: Second. De Weerd: Okay. It's been moved and seconded to continue Item 18, 19, and 20 for CUP 03-058, PP 03-032, and AZ 03-027 to March 23rd, 2004. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 21: Ordinance No. : RZ 03-012 Request for a Rezone of .85 acre from R-15 to O-T for proposed Strickland Subdivision by Roy Strickland - 1225 Main Street: Item 22: Ordinance No. : AZ 03-023 Request for annexation and zoning of 11 acres from RUT to R-8 zones for proposed Soda Sprinas Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: De Weerd: Okay. Our next item is 21, Ordinance No. 04-1069 for Strickland Subdivision. Mr. Clerk, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1069, an Ordinance finding that the owner of certain real property Lynn M. Hamilton, has made a written request for rezone of the zoning classification for real property located at 1225 Main Street, Meridian, Idaho, and that lies within the boundaries of the City of Meridian from R-15, Medium High Density Residential District Zoning District, to OT, Old Town District, as defined under Meridian City Code Section 11-7-2-L, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. De Weerd: Thank you. You have heard the reading of Ordinance 04-1069 by title only. It is anyone who would like to have it read in its entirety? Thank you, Frank and Bruce. Council? Nary: Madam Mayor, could we have Mr. Berg read the other one and we could pass them both? De Weerd: Okay. Mr. Clerk, will you, please, read Ordinance 04-1070 for Soda Springs Subdivision by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1070, an Ordinance finding that Charles L. Creech, Senior, and Mary L. Creech, husband and wife, and Clayton Record and Susan T. Record, husband and wife, the owners of certain real property generally located at 2310 East Victory Road and 2384 East Victory Meridian City Council March 9, 2004 Page 66 of 78 Road, Meridian, Idaho, to be known as Soda Springs Subdivision, and lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, having made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. De Weerd: Thank you, Mr. Clerk. You went through that in record time. Okay. Council, I would entertain a motion. Bird: Get on it, Mr. Nary. Nary: What was the number there? De Weerd: 04-1069 and 70. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I move we approve Items 21 and 22, Ordinance No. 04-1069, RZ 03-012 for Strickland Subdivision and Ordinance No. 04-1070 for AZ 03-023, Soda Springs Subdivision, with suspension of rules. Wardle: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinances Nos. 04-1069 and 04-1070. Is there any further discussion? Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 23: Miscellaneous Items: De Weerd: Thank you. Okay. Item 23 was just miscellaneous. I wanted to let you know that the leadership conference with the Boise chamber that they hold every year is in Sun Valley on April 25th through the 27th and so if you wanted to go, certainly Peggy can help coordinate that. Peggy and Will. I anticipate I will probably get information on that at our board meeting tomorrow, so I will get that in your boxes. / ( Meridian City Council March 9, 2004 Page 67 of 78 Rountree: What was the location? De Weerd: The location is in Sun Valley. Rountree: Is it at the lodge or is it in Ketchum or -- De Weerd: Most likely the lodge in Sun Valley. At the convention center. The same place they have always had it. Rountree: Okay. De Weerd: Mayor's prayer breakfast. I know Councilman Nary is going. Councilman Bird, are you and your wife going? Bird: Yeah. I have already got my tickets. De Weerd: Oh. Okay. BIrd: I ordered. I don't know where -- De Weerd: Okay. Bird: I haven't seen them, but -- De Weerd: Mr. Rountree? Rountree: No idea. De Weerd: Okay. You're on your own there. Mr. Wardle? Wardle: Madam Mayor -- De Weerd: I know you're a mornIng person. Wardle: Yeah. I'm such a morning person. I will be attending. De Weerd: Okay. Wardle: What was that date again? I'm sorry. Rountree: The 31st at 6:30 in the morning or-- De Weerd: 6:45. Wardle: I will be there -- probably not with bells on. Meridian City Council March 9, 2004 Page 68 of 78 De Weerd: Yeah. Core Valley Christian. Bird: Oh, Cole Valley. That's right. De Weerd: So, you can -- Rountree: I'll let her know. I just can't -- De Weerd: Just whenever. She will take care of it. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: This is a little side note and maybe in a week or two we could invite the Cole Valley Basketball team that are the state champions, the 1-A champions that are here in our town. De Weerd: Will, would you do that? That would be great. Mr. Nichols, are you going to join us that early in the morning? Nichols: I may. Originally, I had heard it was the 21st and I knew I was going to be gone, but now it's the 31st. I'll see. De Weerd: So, you will let Peggy know? Nichols: If you will keep it nice and short on the 30th, right? For a joint meeting? De Weerd: You bet. Oh, yeah. That's a no brainer. And, Mr. Berg, are you going? Berg: To the prayer breakfast? De Weerd: Uh-huh. Berg: Yes. And my staff is, too. De Weerd: Thank you. Berg: Also to mention the joint meeting on the 30th, we are going to try to start at 6:00 o'clock with the P&Z Commission and yourselves. De Weerd: That's not a.m., that's p.m. Meridian City Council March 9, 2004 Page 69 of 78 Berg: 6:00 o'clock p.m. And we will have pizza or something to eat. I wanted to kind of get -- if you wanted to have it at this location or another locations, if it's the police station, that may be a more surround round table discussion. Better or not or-- De Weerd: That was nice when we last met. Berg: So, try for the police station? I'll contact the police chief and see if we can use that facility. De Weerd: Okay. Nary: He's pretty reasonable most of the time. De Weerd: Most of the time. Okay. We have scheduled August 7th as the Mayor Council Day at Meridian Speedway and Keith is working with Daytona with the Speedway on that. August 7th. Rountree: So, are we driving go carts or -- Bird: No. You're just going in. De Weerd: I have already asked you about plats. The administrative assistant ordinance, I e-mailed that to all of you. Can we put it on a Council agenda or do you need it on a pre-Council? Rountree: I would say put it on an agenda. It's about time. De Weerd: Yeah. Okay. Nary: I think so. De Weerd: If you will get that on the agenda, Will. And you all saw the stationery and the business cards. The center business card is the one we will go with. That same font will be used on the letterhead and Anna is our proofer and our final checkpoint and, then, we will be -- the whole theory is that we will all have the same letterhead and the same business cards. We will put it out to bid, so we can get economies of scale on a printing and, then, everyone will use that printer. Bird: On the business cards, are we going to do that, Madam Mayor, after you run out of the ones you have got already? De Weerd: No. The preference is to just use all standard, one person -- Bird: Excuse me again, Madam Mayor. De Weerd: Yes. Meridian City Council March 9. 2004 Page 70 of 78 Bird: Let's don't order so many for the Council and deal. I mean I have got a box and a half of them things still at home. De Weerd: Well, please throw them away. Bird: That's what I'm going to do. De Weerd: After you get them. Bird: I suggest you all go out there and look in the back of my truck and that's just about a third of the paper I have got ready to throw the heck out from the City Council. De Weerd: Is there anything further that anyone else -- I think you all have been active in the various committees and regional committees that you serve on. At some point we do need to figure out how we can keep each other informed. I talked to Councilman Rountree about that and when he was on Council last he used to go, at the end of the meeting, and talk about some of those meetings he went to and anything pertinent that has come up and we would like to see that again, to welcome comments at the tail end of the meetings to let people know what's going on. Mr. Wardle. Wardle: Madam Mayor, I just was on the air quality board and I discussed it before the meet with Mr. Nary about putting that on a pre-Council agenda. The air quality is -- as a board has asked us to come back to our individual Councils and ask about expanding some of the scope of authority included in that joint powers agreement and so I have requested that. I will have more information from tomorrow's meeting and sometime in the next month to bring that towards you, so I just wanted to -- De Weerd: Thank you. As far as air quality, there is a meeting and it conflicted with, I believe, our leadership module. I did put it in your box, but -- so -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: It appears -- we are getting close to the end of, essentially, a quarter of the calendar year, so I can schedule like -- rather than at the end of a regular meeting when only our two most avid fans are here, we could probably do this at the end of a pre- Council meeting, of having that sort of update, maybe, you know, separating out maybe 15 minutes of it or even ten minutes for that type of update and we could do that maybe in April, one of the April pre-Council sessions to cover that, because we should have covered most of the meetings that we have covered and that will be done for the first quarter, so we could do it that way, if Council is okay with that. Bird: I have no problem with that. Meridian City Council March 9. 2004 Page 71 of 78 Rountree: I could be a good time. Nary: Okay. De Weerd: Okay. Just one other thing and, then, we will have something -- you all received an e-mail on the insurance benefits, kind of outlines -- did you all receive that? It outlin'es what the city's cost has been, which I think is important that the employees see what they are actually getting. They are going to do an annual summary to the employees. That summary template will be given to the directors at the fourth Tuesday and I will bring that with me, then, to Council that night for your comment. It will go out to the employees, so that they know exactly what all they are getting and, actually, what the cost is. And one other thing -- we need to schedule that, too. One other thing is we are going to try and bring something back to you on how to recognize employee longevity. Usually it's been done at the Christmas party and since we didn't have one, we have quite a list of people from last year and I will be bringing a recommendation to you on how we can start recognizing our long-term employees, because I think they are very important to our city and they do need that recognition and that show of appreciation. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: On that same vein, as we discussed a little bit at the pre-Council meeting, they asked you to discuss that with the HR director, but if as the numbers were told to me are true, that we have ten employees who know going into each calendar year they are not going to get a raise and they are still performing at that outstanding or excels level, besides the potential bonus we are talking about, I think we want to at least consider some other recognition for those folks. I think that's a tremendous -- a tremendous testament to people's work ethic that knowing full well that that's all there is, they still are performing. But, again, I think you need to at least verify that information that we had, but I'd at least ask you to consider looking at something like that as how best to recognize, too. De Weerd: Well, since one of them was here with us tonight -- Chief Musser has been with us 20 years as of last year. I think that's well worth recognizing and we really appreciate him. So, it's -- we do need to do a better job of recognizing those long-term employees, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Rountree: Gary, he's just a fixture. De Weerd: Well, he1s been with us since Dirk. Meridian City Council March 9. 2004 Page 72 of 78 Nary: A great fixture. Bird: I think if you go back to the days, Kenny Bowers has probably got more time than anybody when he started with the reserves fire and stuff, but -- anyway, you're telling me these ten people have not had their COLA raises or anything? Nary: That's all they have gotten is COLA raises. They get nothing for merit. Bird: Well, I don't think we've given -- I don't think we have given any merit raises the last few years anyway. I mean we have given -- we have called them -- instead of COLA, we called them merit, too, and r agree with you, I think we need to make sure that everybody gets treated the same. De Weerd: Well, we will work on that. Mr. Rountree. Rountree: I had one thing for Council President for pre-Council meetings. With the weather breaking, we are all going to be hearing about our favorite subject and we need to probably have some session on the golf course. Nary: Yes. Oh, that's on our list. Don't worry. In fact, I think we -- Rountree: We are all going to start getting phone calls about that. Nary: I think Mr. Berg and I have -- trying to get the date finalized and get that done, so, yes, I agree. De Weerd: Anna or Gary? Yes, Gary. Smith: Madam Mayor and Council, I just wanted to put in a plug for the satisfactory and competent employees, because we do have some, and I realize that the -- and I agree that -- at least at this point, anyway, that the merit raises probably should be for the excels and the outstanding, of which we have some of those, too, but we need to be able to recognize that we are always going to have satisfactory and competent employees. The competent employees -- he or she that comes to work, does their job, they come to work at 8:00, they leave at 5:00, but they do their job, they don't put in any big extra effort, but we are going to have them. We always will. They are the C students. And so I just don't feel -- I want to make sure that you don't lose site that that is a fact. We are not going to be able to have all excels or all outstanding employees. It would be nice if we did for sure, but I want to be sure that we figure out some way to recognize them and the Mayor has given us, as directors, some information from HR to look at and bring back to her, which will come back to you, as some kind of a reward. I have got some competent and satisfactory employees in the engineering department. We have some at the wastewater department. Now, I don't want to get rid of them, but I get the feeling that that's -- that that's what we should do. Do I have the wrong feeling? Meridian City Council March 9, 2004 Page 73 of 78 Nary: Yes. De Weerd: Yes, you do. Bird: Yeah. Nary: Madam Mayor? Smith: Because that's not what I heard tonight. I mean not from the general group, but I did hear that. I heard a comment along those lines and I guess I'm -- maybe I'm -- I hope I'm not stepping out of line, but I just -- I felt strongly enough that I wanted to say something about it. I went home, ate something, thought about it, came back. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Well, thank you for coming back, Gary, allowing Council to answer and clarify that. Mr. Nary. Nary: Yeah. I guess from my perspective, Gary, I don't think -- I don't think my intention was to say that we should get rid of marginal employees. I think my perspective is what's merit is -- truly should be meritorious and that's what a merit raise is for. There are other ways -- and we have given cost of living raises and I guess I disagree with Mr. Berg, up until 2003, at least that I was aware of, we have given a merit raise and a cost of living raise. Smith: That's correct. Nary: So, we have always given those two things. In 2003 we only gave one and it really isn't a cost of living raise, it was actually in excess of the cost of living, but it was an attempt to make sure we kept up with our benefits costs for the employees. Smith: Yes. Nary: I'm not saying to get rid of those folks, I'm saying that merit should be merit and when people get a merit raise, they should feel like they really earned it. That doesn't mean there isn't other ways to provide incentives and that's what those alternative methods are for, for the employees who maybe aren't, but also sending that message to them and the others that what really gets rewarded, what's really going to get those extra kudos or browning points or whatever you want to call it, is truly meritorious work, raising that bar and raising that standard. There are folks that, you know, may try as hard as they can and aren't going to get there and that's why we need to build those other types of incentives to make sure they are still -- you know, like to work here, that's still a positive work experience. Meridian City Council March 9. 2004 Page 74 of 78 Smith: Right. Nary: But merit should be merit. Smith: Right. Nary: That's all it was. It wasn't to say get rid of folks, it's just saying that merit people should really feel like it was meritorious. Smith: I appreciate that, Councilman. I really do. And I agree, I mean there is exceptional employees and they should be rewarded. I guess I'm concerned that how long are the satisfactory and competent employees going to be here if there isn't some kind of a reward for the work that they do do, if there isn't a cost of living increase or if there isn't some kind of other kind of ability for their salary to increase. De Weerd: Well, I guess, Gary-- Smith: I know I have been in my position for I guess it's three years, maybe it's four years, there has been no merit increase and I know there are another -- I don't know how many, ten, eleven employees that are in the same situation and that's fine, I mean I haven't slacked off, you know, I work as hard as I have always worked, but -- and I understood that, that we were at the tops, I mean that's just the way it is, so I just don't -- I just don't want to lose the fact that we have competent and satisfactory employees that do their job and sometimes they make mistakes, there is no doubt about it, but if they are not making -- if they are not making mistakes, that means they are not doing something. Bird: That's right. Smith: I guess that's all I have got to say. Bird: Madam Mayor -- De Weerd: Gary, I just wanted to comment -- and that's why I asked Janice to do that insurance benefits or benefits summary is those employees that, you know -- and we haven't yet done this, but if they were not to get a merit, they certainly continue to get more money -- not in their paycheck, but more money they are getting in their benefits and I handed that out at the director's meeting this morning and you can see how much those have increased and maybe we need to do a better job in showing the city is absorbing and actually adding to the value of their benefits package and, thusly, their wage, because if we didn't it would be coming out of their pocket and, then, they would really be falling behind. Smith: Sure. And I agree and I appreciate that, because that is important information that every employee needs to know, because it is a benefit and they don't realize it. Meridian City Council March 9, 2004 Page 75 of 78 De Weerd: And, then, I guess we do need to do a better job at saying we appreciate you and that's what the incentives that we are asking -- the way to say thank you and even if it's with a shirt or if it's with a coupon, it is a way that we can say you are valued. You may not have gotten a merit increase, because you just do show up to work, you do what's minimally expected and -- but we do care. There is a role that everyone plays. Smith: And I appreciate that and I understand and I see that from the requests to look at these types of things, these other rewards, but I just heard a couple comments tonight that kind of upset my apple cart a little bit and so I just wanted to come back and kind of clear my air, I guess. De Weerd: Well, I appreciate that. Smith: I appreciate getting the opportunity to do that. Thank you. De Weerd: Keith, did you -- Bird: Madam Mayor, I have got a -- and I, probably, was the one that said one of the things and I firmly believe this, that if we have got two deals down there that gets zero raises that are marginal and needs improvement, why have we got them? I mean there is a job market out here that's done. Our turnover is -- Smith: Right. I'm not saying marginal needs improvement, Keith, I'm saying satisfactory and competent. Bird: Okay. That's-- Smith: Those are the two that I'm talking about. Marginal improvement I agree with you. Bird: And I don't think there is a council person or a mayor here that I have been with __ served with that don't appreciate every employee in this city. We take pretty good care of them. Being from the public side -- or private side, I can guarantee you that there is not very many people that are going to leave this work here to go public, unless they are professional -- or private I mean. Unless they are professional. I don't know of any private places that get 11 paid vacations, sick leave, and we don't have the turnover. Not that they don't deserve pay raises every year, I believe everybody deserves a pay raise. If you have kept them a year, they deserve a pay raise. And I appreciate them, Gary, and I appreciate all you guys and I think everybody up here has -- they have always done that. Everybody I have ever served with appreciates everything this city has done. We have got people that go way above the call of duty. Smith: Well, thank you. I think there are some that do that. Definitely. Bird: You bet. Meridian City Council March 9, 2004 Page 76 of 78 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just so the record is clear on something that I might have stammered or stuttered or said, I think I'm the one that brought up the question of what is merit last week and 1111 hold to that. In my mind there is an expectation -- if you have a meritorious program, you are rewarding those people. That's how this has been presented to me so far as a new Council person and that's how I view it, in terms of compensating employees fairly and trying to keep them within the job market and those folks that just do their jobs and thank God we have got them and I agree, you know, we have got to have them. So, I think maybe the Council has been neglect in communicating to them the issues as it relates to all the other demands on the city and the demands that the City Council apparently has done prior to me coming back to at least maintain a livable wage and fairly -- I think quite nice benefit package in not having the employees continue to have that erode at their sours as well. So, I think -- I agree, we need to let folks know that that's going on. Maybe this year the thought is that that is the cost of living increase that sometimes folks took home, when the insurance rates didn't increase and maybe next year of the benefits don't increase and we are looking at that, then, they will actually see it to be able to take home. But, you know, having said that, I understand what you're saying. I deaf with it every day. I deal with a little different issue, though. I mean three years of nothing, even for meritorious people, is tough to deal with, but -- Smith: I understand that. Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I feel like I need to jump in here just real quick, regardless of whether I said anything or not. De Weerd: I'm sure something was said. Nary: I think I'm the only one that did that. Wardle: And certainly just -- I think I was the only one that didn't, but reaffirm that satisfactory and competent employees are very important to the city and so I just would like to reflect that. Smith: Thank you very much. De Weerd: Thank you, Gary. Any further business in front of the Council tonight? Will, did you have something a long time ago? Meridian City Council March 9. 2004 Page 77 of 78 Berg: No. Just a reminder of a meeting on the 15th at 11 :00 o'clock. We are inviting the Council. Nary: Ada County Emergency Management -- Berg: Yes. De Weerd: Yes. And, then, for lunch afterwards? Berg: Yes. Okay_ Bird: What's this? Nary: Ada County Emergency Management tour at the public safety building. Bird: Okay. Nary: At 11 :00. Berg: Monday, the 15th, at 11 :00 o'clock. Bird: Anyway, don't forget the pictures next week. Berg: Pictures are next week, so make sure you get your memo on what to dress -_ De Weerd: Just remember to dress appropriately and dark with light shirts. Bird: And don't forget to be able to button up your coat. De Weerd: The jacket has to be able to-- Bird: I'll get some white for my teeth -- Nary: We need to adjourn so Mr. Willis doesn't have to keep writing all that down. De Weerd: I would entertain a motion to adjourn. Rountree: So moved. Nary: Second. Bird: Second. De Weerd: All those in favor say aye. Meridian City Council March 9, 2004 Page 78 of 78 MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:17 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~ MAYOR T 1\1\llllll! fUi/(( \11 '-~."f:'" (1/ 0::-'\ ~r Qt" iJ!!i.:;Ft,r:\ /1; .:- ~ '\ ~VL 'i,.- .:l' () o?,po~ ry...z,. 'S ... _-P r~ -c. ~ ~ a ~ ... - ... - = = - - ATTEST: 4 / 6 I tJ4- DATE APPROVED March 4, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Mayor's Office REQUEST City Hall Site Selection Process Department Reports March 9, 2004 ITEM NO. ~ 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: ~ tvrr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City ot Meridian. February 26, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Mayor's Office REQUEST City Hall Site Selection Process Department Reports March 2, 2004 ITEM NO. .1I.A-1 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 HIGHWA Y DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached #{O 'VO 0 4" . q I . trJ f'vv(Jl"U Contacted: Emailed: Date: Staff Initials: Phone: MaterIals presented at public meetIngs shall become property of the City of Meridian. ~ 8 <C ~ ~ t-' 0 ('() ~ (j). ~ ~ ..,..,. 0 0;;:: 0 ~ ~\ 0 e ~ () f-I C'l p... ... ~ ~ ~ ~ ~ ~ ~ ~v ('() '6 o () ~ ~ tt~ ~ .- ~%' ~ 0 ~ t-' ~ O~ ~ '~8 () t (/) ~ QU~ ~g Cil ~ ~ ~ ~ ~ 5~ ~ B~ ~ (J)? 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(p~J3--~ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORN EY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ ~ ?v? II f19 rt .~U ~.r/ (jJ. rL-; Contacted: EmaiJed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. ~ '$ i!; ,~ .~ 'a 0 '~ ~ ~ ., ~ ,S ,S 0 1\\ ~ '\) t) 000 , \ '"" ~~~. ,:,.~,. u ,;-< , . .......... t-" . ' 'ClJ '% ~ \' ~ ~ ",'\i~. 1 0) , 'a' ~ 'i"": 0)' .~ ."" '?;: 0' ~ ~'~" ',~ ~ Q '~", S\ 0) Vi ~ ~ .~ ~ ~ ;'.~" 0 ..... Q>I .~,.~', 'i: ~ ~ ~......'.~ % 0. (/) " ~" u o \-I' -'~ ~ (j)~ ~"~ eo ~'" o~ ~ p. (l)' ~' p. Q~-\ ' ... ..... O).,?,'~ tfJ ~', 0.' .~ .~ r;;', ~.~ ~~ ~\~~~ () 00 e:"S\' ~ ~ p. 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JDAHO \'~;;f:;':\ 7 ' .' . '~-'~~~{~~rHF ''-.'-;l'111; \/ T~~;:~~-.- '-<1"~~.....-"'::r::;-;""""'-~ ., \' V II {! /./ ,/~ :ard from lrevious proof CITY EMPLOYEE "m'.'::,::~"",oo, ,t~~:~ cMe;;dl;~~.~f 'I, CLTY DEflI.RTMENi \. IDAHO j~ ~~~8) ggg ~ gggg '0 (. .j? ~~.~1.~\}f~/ . . _-..; ,~~,." -~- ,1-" STREET AnDRESS "I,,"..:-.:?;:.t~:0-:JHI~,'\St...n.1i)!$;~"".~'.~iU-; (1)', SWE, ZIP -;;;;:;'4'_~~~ l'n. -f.. ,/;:hl^,~ ~ (1'['" ,)" 'liaF~~I.!l""'J,, ~ ' . 0 r ~- -~-:"""iJ'" erldian ..i., ]!), \HO ( \ \\~r . -. .. :':'<~::.~!;t:;':~~;;~' - ,~' " /' [AYOR ammy de Weerd ITY COUNCIL MEMBERS filljam L M. Nary eW, Bird harles M. Rountree haun Wardle TY DEPARTMENTS RE DEPARTMENT o E. FRANI<L1N ROAD )8) 888-1234/FAX 895-0390 ,RKS & RECREATION E. BOWER STREET )8) 888-35791FAX 898-5501 ANNING & ZONING o E. WATERTOWER LANE TE 202 -:z. '8) 884-553#AX 888-6854 LICE DEPARTMENT )1 E. WATERTOWER LANE 8) 888-66781FAX 846-7366 3L1C WORKS ) E. WATERTOWER LANE rE 200 3) 898-5500/FAX 898-9551 LDING I E. WATEATOWEA LANE oE 200 l) 887-22111FAX 887-1297 {ER (WWTP) 1 TEN MILE ROAD I) 888-21911FAX 884-0744 'ER 5 NW 8TH STREET ) 888-5242/FAX 884-1159 CITY HALL: (208) -888-4433 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 CITY CLERK - FAX 888.4218 HUMAN RESOURCES' FAX 884.8723 FINANCE & UTILITY BILLING - FAX 887.4813 flu-sl?llSt%>, ?obliu 0041'( - jVlMIKs ~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 9, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Charlie Rountree Bill Nary Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Steve Moore with Cherry Lane Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 03a 018 Request for annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler I Cobbs I EaQV I Ruwe by BRS Architects - southwest corner and southeast corner of North Eagle Road and East Ustick Road: B. Findings of Fact and Conclusions of Law for Approval: VAR 04-001 Request for a Variance to ordinance MCC 11-9-1 height restrictions in a C-G zone for Silverstone Corporate Center & Business Center by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: AZ 03- 028 Request for Annexation and Zoning of 7.98 acres from RUT to R-8 zones for proposed Cobblefield Crossina Subdivision No.2 by Initial Point, LLC - 1295 West McMillan Road: D. Findings of Fact and Conclusions of Law for Approval: PP 03- 033 Request for Preliminary Plat approval of 40 single-family building lots and 7 common lots on 7.98 acres in a proposed R-8 zone for proposed Cobblefield CrossinQ Subdivision No.2 by Initial Point, LLC -1295 West McMillan Road: Meridian City Council Agenda -March 9,2004 Page I of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Findings of Fact and Conclusions of law for Approval: CUP 03-059 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontage, lot size, minimum house size and street side building setback in a proposed R-8 zone for proposed Cobblefield Crossing Subdivision No.2 by Initial Point, LLC - 1295 West McMillan Road: F. Development Agreement: AZ 03-023 Request for annexation and zoning of 11 acres from RUT to R-8 zones for proposed Soda Springs Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: 6. Department Reports: A. Public Works Department - Brad Watson 1. Discussion of Water Division Space Analysis Study: B. Mayor's Office 1. City Hall Site Selection Process: 2. Discussion of City Mission Statement: 7. (Items Moved from Consent Agenda) 8. Tabled from March 2, 2004: FP 04M008 Request for Final Plat approval of 56 single-family residential building lots and 2 common lots on 17.8 acres in an R-4 PO zone for Lochsa Falls Subdivision No.9 by Lochsa Falls, LLC - west of North Linder Road and south of West Chinden Road: 9. Tabled from March 2, 2004: FP 04-007 Request for Final Plat approval of 26 single-family residential building lots and 1 common lot on 11.96 acres in an R-4 PO zone for Lochsa Falls Subdivision No. 10 by Lochsa Falls, LLC - west of North Linder Road and south of West Chinden Road: 10. Continued Public Hearing from February 24, 2004: AZ 03-035 Request for Annexation and Zoning of 70.64 acres from RUT to R-B zone for proposed Settlement Bridae Subdivision by Capital Development - 2205 East McMillan Road: 11. Continued Public Hearing from February 24, 2004: PP 03-041 Request for Preliminary Plat Approval of 266 single-family residential building lots and 34 common lots on 70.64 acres in a proposed R-8 zone Meridian City Council Agenda -March 9, 2004 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. for proposed Settlement BridQe Subdivision by Capital Development - 2205 East McMillan Road: 12. Continued Public Hearing from February 24, 2004: CUP 03-065 Request for Conditional Use Permit for a Planned Development to allow single family residential and attached single family in a proposed R-8 zone for proposed Settlement BridQe Subdivision by Capital Development - 2205 East McMillan Road: 13. Public Hearing: PP 03-045 Request for Preliminary Plat approval of 18 building lots and 3 other lots on 5.7 acres in an L-Q zone for proposed Roundtree Subdivision by Rennison Engineering - north of West Pine Avenue and east of North Linder Road: 14. Public Hearing: CUP 03-069 Request for a Conditional Use Permit for a Planned Development for 18 residential 4-plex buildings on one lot in a L- Q zone for proposed Roundtree Subdivision by Rennison Engineering - north of West Pine Avenue and east of North Linder Road: 15. Public Hearing: RZ 03-013 Request for a Rezone of 5.51 acres from R- 4 to C-N zones for proposed Cedar SprinQs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: 16. Public Hearing: PP 03-044 Request for Preliminary Plat approval of 5 commercial building lots and 1 common lot on 5.51 acres in a proposed C- N zone for proposed Cedar SprinQs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: 17. Public Hearing: CUP 03-067 Request for a Conditional Use Permit for a Planned Development for four office buildings, a car wash, two fuel pumps and a drive through coffee stand in a Neighborhood Center designation for proposed Cedar SprinQs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: 18. Public Hearing: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: 19. Public Hearing: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Meridian City Council Agenda -March 9,2004 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 20. Public Hearing: CUP 03..058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed SaQuaro Canvon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: 21. Ordinance No. : RZ 03-012 Request for a Rezone of .85 acre from R-15 to 0- T for proposed Strickland Subdivision by Roy Strickland - 1225 Main Street: 22. Ordinance No. : AZ 03..023 Request for annexation and zoning of 11 acres from RUT to R-8 zones for proposed Soda SprinQs Subdivision by JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road: Meridian City Council Agenda -March 9, 2004 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONFIRMATION REPORT ** 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 30 DATE TIME TO/FROM 03/05 16:17 3810160 03/05 16:20 PUBLIC WORKS 03/05 16:22 2084664405 03/05 16:23 8841159 03/05 16:25 2088840744 03/05 16:27 POLICE DEPT 03/05 16:29 8985501 03/05 16:30 LIBRARY 03/05 16:33 92083776449 03/05 16:34 208 388 6924 03/05 16:36 2088886854 03/05 16:38 ALL AMERICAN INS 03/05 16:40 208 895 0390 03/05 16:43 208 387 6393 03/05 16:45 ADA CTY DEUELMT 03/05 16:47 8885052 03/05 16:49 CHERRY LANE 03/05 16:52 POST OFFICE 03/05 16:55 IDAHO ATHLETIC C 03/05 16:56 887 0816 03/05 17:00 ID PRESS TRIBUNE 03/05 17:02 2088886701 03/05 17:06 128300040 AS OF MAR 05 '04 17:08 PAGE. 01 MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S G3--S EC--S EC--S G3--S CITY OF MERIDIAN M I N/SEC PGS 02'09" 004 01'15" 004 01'14" 004 01' 15" 004 01'14" 004 01'15" 004 01'14" 004 01'38" 004 01'14" 004 01'37" 004 01' 15" 004 01' 15" 004 01'15" 004 01'14" 004 01' 15" 004 01'14" 004 02'33" 004 02'08" 004 01' 15" 004 02'33" 004 01' 15" 004 01' 14" 004 01'37" 004 CMDj::i 070 070 070 070 070 070 070 070 070 070 070 070 070 070 070 070 070 070 070 070 070 070 070 STATUS Ok OK OK OK OK OK OK OK OK OK Ok OK OK Ok OK Ok OK OK OK OK OK OK OK -------~----------------------~----~-~----------------~------------------------------------- ?LLll>t- Vest fe, ?obliC/ ruO-HlL --1Vzt\llls ~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 9,2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Charlie Rountree Bill Nary Keith Bird Mayor Tammy de Weerd 3. Community Invocation by Pastor Steve Moore with Cherry Lane Christian Church: 2. Pledge of Allegiance: 4. Adoption of the Agenda: ( ( ** TX CONFIRMATION REPORT *'" AS OF MAR 10 '04 0i:oo PAGE. 01 CITY OF VERIDJAN DRTE TIME TO/FROM MODE MIWSEC PGS CMDll STATUS 10 03/101313:133810160 EC--S 02'42" 005 117 OK 11 03/10 ~0:17 PUEL1C WORKS EC--S 01'34" 005 117 OK 12 03/1000:19 12084664405 EC--5 01'36" 005 117 OK 13 03/113 00:21 8841159 EC-S 01 '35" 005 117 OK 14 03/1000:23 2088840744 EC--S 01'34" 005 117 OK 15 03/10 Be: 25 POLlCE DEPT EC--S 01'34" 13135 117 OK 16 03/10 00:27 6985501 EC--S 01'34" 1305 117 OK 17 03/10 1313:29 LIBRARY EC--S 02'0,5" 0135 117 OK 18 03/10 00:32 92083776449 EC--S 01'33" 005 117 OK 19 133/113 1313:34 206 388 6924 EC-S e2'04" 005 117 OK 2a 03/10 00:37 2008886854 EC-S 131'33" 005 117 OK 21 03/10 00:39 208 895 0390 EC--S 01'34" 00S 117 OK 22 03/10 ee:41 208 387 6393 EC-5 01'34" 005 117 OK 23 03/10 00'43 ADA CTY DEVELMT EC--S 01'35" 005 117 OK 24 03/10 130:45 8685052 EC-S 131'33" 005 117 OK 25 03/10 00:47 CHERRY l.ANE (>3--S 03'12" 005 117 OK 26 03/10 00:51 POST OFFICE EC--S 02'42" 00S 117 OK 27 03/10 00:54 IDAHO ATHLETIC C EC--5 131'34" 005 117 OK 28 133/Hil 00: 56 ED PRESS TRJ8Lt-IE EC-S 131'35" 1305 117 OK 29 03/10 130:S9 2088886701 EC--S 01'34" 005 117 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 9, 2004, at 7:00 p.m. City Council Chambers 1. Rolf.call Attendance: -L Shaun Wardle + Bill Nary -f'-- Charlie Rountree _ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: (}/vl.t"( /rI.(J'Yhrn..)~ ~ -b ( 3. Community Invocation by Pastor Steve Moore with Cherry Lane Christian Church: pr.eJ~.u1- 4. Adoption of the Agenda: ~y.p vc: C{,~d..Ld- 5. Consent Agenda: A. Findings of Fact and Conclusions of law for Approval: AZ 03- 018 Request for annexation and zoning of 43.86 +/. acres from RT to CoG ZOnes for Kissler / Cobbs I EaQV I Ruwe by BRS Architects - southwest corner and southeast corner of North Eagle Road and East Ustick Road: cvrr1t-C- B. Findings of Fact and Conclusions of Law for Approval: VAR 04-001 Request for a Variance to ordinance MCC 11-9-1 height restrictions in a C-G zone for Silverstone Corporate Center & Business Center by Sundance Investments - southeast comer of East Overland Road and South Eagle Road: 4?;n'VV<.. C. Findings of Fact and Conclusions of Law for Approval: AZ 03- 028 Request for Annexation and Zoning of 7.9B acres from RUT to R-B zones for proposed Cobblefield Crossing Subdivision No.2 by Initial Point, LLC -1295 West McMillan Road: ~t1~<-- D. Findings of Fact and Conclusions of Law for Approval: PP 03- 033 Request for Preliminary Plat approval of 40 single-family building lots and 7 common lots on 7.96 acres in a proposed R-B zone for proposed Cobblefiefd CrossinQ Subdivision No.2 by Initial Point, LLC - 1295 West McMillan Road: ~,r-L- Mtnoilll1 Ci\yCo"".,l AS ,,"b.-M>Jd,9,100l P.g.l.f4 All I'll.,3.I.Cri~ls presented ~1 pUblic me~r.tl!:s s.hlI..Il bg:oome prcp;:rt)' crt:k City o{Mcrid)lm Anyone: dc:.Unns .acl:omt'i1O~on faT -di$:lbititi..s rc'bttd \0 \ioCUl'l"IC1IU and/or beiring prl::1!c eonuct RlC Ciry Clerk';$: Office ct 8S~4):l o.L Iw{ 48 hours prior to Ih.: pllbLic: mc:ctinc. [ ADA COUNTY RECORDER J. DAVID NAVARhu BOISE IDAHO 03/12/04 11:19 AM DEPUTY Ka1hv Ingraham RECORDED-REQUEST OF Meridian AMOUNT .00 5 111111111I111111111111111111111111111 104027945 CITY OF MERIDIAN ORDINANCE NO. 04- /061 AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY~ LYNN M. HAMIL TON, HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY LOCATED AT 1225 MAIN STREET, MERIDIAN, IDAHO, AND THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-15 (MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT TO 0- T (OLD TOWN DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2 L, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN~ IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described propeliy has made a written request for are-zone of the zoning classification for the subject Real Property herein described from R-15 (Medium High Density Residential) District to 0- T (Old Town) District as defined under Meridian City Code S 11-7-2 L; and STRICKLAND SUBDIVISION The South 83.00 feet to the North 1;2 of Block 2 ofF.A. Nourse's Third Addition, located in the Northwest Y4 of Section 7, T.3N., R.1E., B.M., Ada County, Idaho, as same is recorded in Book 7 of plats at Page 299, STRICKLAND SUBDIVISION (0- T) RZ-03-012 / RE-ZONE ORDINANCE PAGE 1 OF4 records of Ada County, Idaho, more particularly described as follows: Commencing at the N 011hwest corner of said Section 7, from which the J;4 corner common to Section 12 ofT.3N., R.IE., and said Section 7 bears South 00023'21" West, 2652.1] feet; Thence South 00023'21" West, 1507.93 feet; thence North 89035'34" East, 40.00 feet to the Southwest corner of the North 12 of said Block 2 and the REAL POINT OF BEGINNING. Thence North 00023'21" East, 83.00 feet; Thence N011h 89035'36" East, 444.96 feet to a point on the West right-of- way of Main Street (formerly E. First Street); Thence along said right-of-way South 00032'24" West, 83.00 feet to the Southeast corner of the North 12 of said Block 2; Thence South 89035'34" West, 444.74 feet to the Point of Beginning. Containing 0.85 acre, more or less. 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone and which conditions and requirements Applicant shall comply; and 3. The real propel1y which is the subject of this ordinance is legally described in Section ] .1. on page 1 and 2 of this Ordinance. SECTION 2. That the above-described Prope11y be, and the same is hereby re-zoned and designed (O-T) Old Town District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. STRICKLAND SUBDIVISION (O-T) RZ-03-012 / RE-ZONE ORDINANCE PAGE 2 OF 4 SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and alU1Ulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO~ this 9~6-- day of /JJ Mt/~ , 2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN~ IDAHO, this '1 ~& day of InMv0 ,2004. Attest: \ \ \11111 t II filII \\\1 c: Me 1/// ,\\ _lOr ,c.R.!!'. 11/ ...',.... :\.... '0'4 /-:;.. 2 c} ~po1i'..1 '1- ~ ~ -~(p ~ S .::: '" 0.0;:. ~ ~ ~~I = = William G. Berg, Jr;; City Clerl~f~ 7vQ ",'Do} First Reading: d -Cj- tf}'r'~' -PO us} 1S"'i . .f .; Adopted after first reading b;S:tl~t€'~of ~1ie13.,uie as allowed pursuant to Idaho Code 50-902 Yes: X."....,. .' ..No: Second Reading: -- Third Reading: STRICKLAND SUBDIVISION (0- T) RZ-03-012 / RE-ZONE ORDINANCE PAGEJ OF 4 STATE OF IDAHO, ) 55. County of Ada. ) On this q-l-'" day of fi1a ych ,2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, ofthe CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNES~IWJJEREOF, I have hereunto set my hand and affixed my official seal the tll' f,.. day and year fi~~~<L~i~. ,.............;;.. .......0 .I1i;:*..", ~ ...... .. .0 ~' .... ::.0 eo ~ ~ f l "t\.OTAl(} 0':, ~ r_*O e... :: : ...... : * : .. 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'-:"-1 C;\ I"" 1:1 ~ '~I I~I 1('011 , J 1 , II I I I I I t I : : I I I "'.... I' 'I g~Gi I'~ <0 [I t;;~a I I r--: ~I I Bo~ I.: .....1 I NW 1 IT ~ l--Lh---__L__ -L1 , ~ , .w .OO'~ 3.L~.~Z.00N '!'- ~:I T~-----r~rrl: ~ en I....J ~ I m 11), IOJ ..: I '''' "". I I I II I 1 , I I , , I I , I : : I t. I 1",1 I~' e Iql "'I J'" INl l.Nt I \ I ' II I I , I I '-- , I ,Ol----j , I : : I r III .9~ I : : I ~ · J I '::l "t, · I I ,<( ~ ~:=.:==-:j '\ ,Oo'~g 3.IZ.~;:.OON 'q.", ~ _ -0"_ ""~"13" -N,>-,.m,,_ _ ~.~~_ " ....+ ~~ LL"~S9~ II. .I~.I:Z.OO S _ '" . S9NI!l\'38 .:10 SIS\'8 '" '" ,,; '" ;" OJ .,; '" CI :::E <( Z o Vi :5' 5 lD ::>", "'''' ~: ~C> g~ <(,..: (gg j!;:lD III 'i.J '" '" 5 z .( to: CI :::E <( z o Vi :5' 15 lD iilg: ~: ~C> -<( gn.. <( - ..... (gg j!;:m (/l 'i.J (/l '" 5 z .( to: ) ,I RECEIVED WHITE PETERSON ""'"' ~'. J City of Meridian City Clerk Offh~0 ATTORNEYS AT LAw KEVIN E. DINIUS JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GlORAY, III T. GUY HALLAM H JILL S. HOLlNKA JOHN R. KORMANIK * WILLIAM A. MORROW WILLIAM F. NICliOLS ** WHITE PETERSON, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 April 1 , 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: LOCHSA FALLS, LLC / LOCHSA FALLS SUBDIVISION NO. 9/ FINAL PLAT - (FP-04-008) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROV AL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Wm. F. Nichols Z:\Work\M\Meridian\Meridian 1 5360M\Lochsa Falls Sub No.9 FP-04-008\Clerk FP Memo 04 0 I 04.doc CHRISTOPHER S. NYE PHILlP A. PETERSON TODD A. ROSSMAN TERReNCe R. WHITE **. . Also admitted ill C ** Also admitted ill C *** Also admitted in V BEFORE THE MERIDIAN CITY COUNCIL C/C 02/17/04 C/C 02/24/04 C/C 03/02/04 C/C 03/09/04 IN THE MATTER OF THE ) APPLICATION OF LOCHSA ) FALLS, LLC, FOR APPROVAL OF ) 56 SINGLE-FAMILY ) RESIDENTIAL BUILDING LOTS ) AND 2 COMMON LOTS ON 17.8 ) ACRES IN AN R-4 ZONE FOR ) LOCHSA FALLS SUBDIVISION ) NO. 9, LOCATED ON THE WEST ) SIDE OF N. LINDER ROAD, ) APPROXIMA TEL Y ~ MILE ) SOUTH OF W. CHINDEN BLVD., IN ) THE NE 'l4 OF SECTION 26, TAN., ) R.IW., MERIDIAN, IDAHO ) ) CASE NO. FP-04-008 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on February 17, 2004, and tabled until February 24,2004, March 2, 2004 and March 9, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen for the Planning and Zoning Depa11ment, and BlUce Freckleton, Engineering Technician III, dated: Hearing Date: February 17,2004, to the Mayor and Council, and that Anna Powell PlalUling Director for the Planning and Zoning Department, commented at the hearing, ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT / (FP-04-008) Page 1 of 4 and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT OF LOCHSA FALLS SUBDIVISION NO. 9, A PORTION OF THE NE 1;4 OF SECTION 26, TAN., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, SHEET 1 OF 2, 31105-PLT.DWG MEM 02/26/04, HANDWRITTEN DATE: 2/26/04, STAMPED: FEB 26 2004, RECEIVED FEB 26 2004 CITY OF MERIDIAN PLANNING AND ZONING, RECEIVED FEB 27 2004 CITY OF MERIDIAN CITY CLERK OFFICE, LOCHS A FALLS LLC - DEVELOPER, BRIGGS ENGINEERING, INC. - CONSULTING ENGINEERS", Lochsa Falls, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set f01ih in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen for the Planning and Zoning Department, dated: Hearing Date: February 17,2004, listing 17 SITE SPECIFIC REQUIREMENTS and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, and the response letter received by Justin Martin dated March 5,2004, a true and correct copy of which is attached hereto marked Exhibit "B", and consisting of two pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their March 9, 2004 meeting as follows, to-wit: 1.1 Adopt the Recommendations of the Central District Health DepaJ.iment as follows: The Central District Health Department requires after written approval from the appropriate entities are submitted, they can ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT I (FP-04-008) Page 2 of4 approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of EnvirOlllilental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain cun:ent best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT I (FP-04-008) Page 3 of 4 the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the q~~ day of In~ ,2004. Attest: Dated: 4-- 7--04- BY:~~P-~:f. /9.- {/ , Z:\Work\M\Meridian\Meridian I 5360M\Lochsa Falls Sub No.9 FP-04-008\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-008) Page 4 of 4 MAYOR Tammy de Weerd ~~ /CITYOF ' <:: '-.../VI erldiaH IDAHO CITY HALL (208) 888-4433 - Fax 887-4813 . CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shaun Wardle CharlesM.Rounrree PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 -Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 MEMORANDUM: Hearing Date: February 17, 2004 To: Mayor & City Council RECEIVED MAR n j 2004 Re: Sonya Allen, Assistant City Plannerd"l Bruce Freckleton, Engineering Tech III ~ LOCHSA FALLS SUBDIVISION NO.9 City Of Meridian City Clerk Office From: Request for Final Plat Approval of Lochsa Falls Subdivision No.9, Consisting of Fifty-six (56) Single-family Residential Building Lots and Two (2) Connnon Lots on 17.8 Acres in an R-4 Zone by LochsaFalls, LLC (File No. FP-04-008). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION This is the ninth phase of Lochsa Falls Subdivision and consists of 56 single-family residential building lots and 2 common (landscaping/open space/drainage) lots on 17.8 acres. The gross density of Phase No. 9 is approximately 3.08 dwelling units/acre. The net density is approximately 3.8 dwelling units/acre. The subdivision was approved as a Planned Development which allowed for a reduction to development standards including reduced setbacks (front 20', non-front entry garage 15' , 5' side single story, 7' side two-story), reduced lot sizes (min. 6,500 s.f.), reduced frontages (min. 60'), reduced house sizes (min. 1,201 s.f.) and to allow the Applicant's request to exceed minimum block length requirements. The reduced setbacks that were requested at the time this subdivision was approved are now allowed under current city ordinance. The fmal plat for this phase complies with the approved preliminary plat. EkAi~b;"f- "'f('-f I 6PS- .' Mayor & City Council Hearing Date: February 17, 2004 Page 2 of5 Staff recommends approval for Lochsa Falls Subdivision No. 9 with the comments and conditions stated in this report. LOCATION This phase of Lochsa Falls Subdivision is located on the west side of N. Linder Road, approximately 'A mile south of W. Chinden Blvd. jn the NE ~ o15ection 26, TAN., R.1 W. SITE SPECIFIC REQUIREMENTS 1. Applicant shall meet all terms of the approved Preliminary Plat (PP-02-009), Conditional Use Permit (CUP-02-012), and the recorded Development Agreement (lnst. No. 103012598). 2. The pressurized irrigation system within this development is to be owned and maintained by the Settlers Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 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. AU development improvements, including fencing, micro-paths, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Temporary construction fencing to contain debris shall be installed along the boundaries ofthis phase unless fencing already exists at the subdivision boundaries. 5. Fencing within 20 feet of all public right of ways shall be no taller than 3-feet in height if sight obscuring material is used or 4-feet in height if non-sight obscuring material is used. 6. Please add or revise the following plat notes: (9.) Add "Lot 11, Block 24" as a non-buildable lot FP-04-008 Etdt;bi~f 'AIC ;;'olis~SUb9.FP.dOC .' Mayor & City Council Hearing Date: February 17,2004 Page 3 of5 Add note: "Hui Iding setbacks and dimensional standards in this subdivision shall be in compliance with Title 11 and Title 12 of the Meridian City Code unless otherwise modified by Conditional Use Permit (CDP-02-012) which allowed for reduced setbacks, lot sizes. lot frontages, and minimum house size. " 7. Applicant shall construct detached sidewalks adjacent to N. Linder Road per Preliminary Plat Finding No.2. The minimum width of the parkway area between the curb and sidewalk is five feet. 8. Show a 40-foot landscape easement on the face of the plat adjacent to N. Linder Road for Lot 42, Block 1 (Fire Station Lot). 9. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 10. Graphically depict a 8-foot wide public utilities, drainage and irrigation easement along the east side of Lot 2, Block 42, Lot 13, Block 24, Lot 2, Block 41, Lot 2, Block 40, and Lot 37, Block 1. These modifications are required because of pressurized irrigation mains. 11. Graphically depict an 8-foot wide easement along the north side of Lot 32, Block 1 for a sanitary sewer service to Lot 42, Block 1. 12. Lot 51, Block 1 shall remain un-buildable until such time as N. Gertie Place is extended in the future. Applicant shall provide an actual building footprint as evidence that Lot 51, block 1 is buildable. 13. Please describe the point on the section line that is tied to the RPOB. If this is a calculated point please call out as such. 14. Please remove the reference to a point; "of reverse curvature" for curve Cl in the legal description. 15. 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. 16, 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 FP-04-008 EJt:J/.)'h, 'f''lf II 8 of26Lochsa Falls Sub9.FP.doc " " May~r & City Council . Hearing Date: February 17,2004 Page 4 of5 up to and including a IOO-year storm event. (All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances.) 17. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. One-Hundred watt (100w), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Sewer and water mains shall be extended to and through the proposed development) thereby making the available for adjacent properties. 6. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. Coordinate fIre hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 8. Provide sidewalks in accordance with the MCC. STAFF RECOMMENDATION FP-04-008 EPdu h:-f ....II '" L/ t)PtJ.L.ochsa Falls Sub9.FP.doc { ~ Mayor & City Council . Hearing Date: February 17,2004 Page 5 of5 Staff recommends approval of the final plat for Lochsa Falls Subdivision No.9 with the above stated comments & conditions. FP-04-008 ~/bt11'A'( $ o FSachsaFallssub9.FP,dOC mUI' V' ~VV't Iv,vt.r1m No.3539 p, 2/5 ~ " C)./.. ( X' .:yi') \ :) t:t/YA.-:eal/ _.~;?l; March 5, 2004 RECETVED MAR - 8 2004 Mayor and City Council City of Meridian 33 East ldaho A venue Meridian, ID 83642 City of Meridian City Clerk Offiu Re: Locbsa Subdivision No.9 Final Plat (File No. FP 04.008) Dear Mayor and Council: The following is in response to staffs comments, SITE SPECIFIC REOUJREMENTS 1. The Applicant will comply with tenns of approvals. 2. The Applicant win comply with, pressurized irrigation requirements. 3_ The Applicant will comply. 4. The Applicant will comply with fencing requirements, 5. Agreed 6. The fInal plat will be revised in flccordMce with staff comments. 7. Agreed 8. The final plat wiH be revised in accoIdance with staff comments. 9. The Applicant's engineer wilt comply. 10. The final plat will be revised in ae:cordance with staff comments. 11. The final plat wiU'be revised in aOQPrdance with staff comments. 12. Agreed 13. The Applicant's engineer will comply. 14. The final plat will be revised in accordance with statf comments, 15. The Applicant will pay all applicable fees prior to signature on the final plat ~'\""Q""''''''Il'..'1".'i7'l\.(1t,"h''I(~ha\'''''1 T nllho.iU r.~nl.i\~h.t-i"{:ln r"hv\rinr 'j;VtP,.,.,...~\IJ.j'P\C1J nl~i ,..''l'tnMPni-.r\T:'PQ(\\f'n-rnll'i...'li:lI",Qf........nv,..~.rw'' .. ~ - MAO ~D 'NA ~n.~~ -11(\7 ..-\~. fPn:-YI/C''I--/!'4u1(', t I;"', /0.2 lfln6re. .'X(aAo dti7H ~(.io:V ,flflr'()Ii~~ .'7Q.x: {'l0tV1,~7";: ""'" r:;-. ,J · t... '::.L... ,,1 II t~ I - "' U I' V' ~ V V 't I U . V L 1'1111 I . Mayor and City CQuncil March 5, 2004 Page 2 16. Noted 17. Noted GEN~RAL REOUlREMENTS l. The Applicant will comply; 2. The Applicant will c01I1ply. 3. The Applicant will comply. 4. The Applicant will comply. 5. The Applicant will comply. 6. The App1icant'~ engineer will comply. 7. The Applicant win comply, 8. The Applicant will comply. No,3539 p, 3/5 We believe this letter addresses all of your conoerns. PleaSlll feel free to oall me jf you have a.dditional comments or question\). Sincerely, ~~ cc: Briggs Engineering Inc. " r.\l:uT'\)ll""..1\ Td.1.;Q'r".,n'fSII,....~'u1, r tu~'hc::'A L(~HQ'",j(....n"';n" r;I....\(';h1 n~I;,,"Q'Ftfl'til ""'POt t-n.lliMiF'f'In\ll))O(~....tTYT1,t"'"(....'Q-..-_~'t... nN"! /::Odt~t.bl'=f .f B il d-6f2:t- RECEIVE WHITE PETERSON ".... ~~ ~j ATTORNEYS AT LAw City of Meridian City Clerk Offie( KEVIN E. DINIUS JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIG RAY, III T. GUY HALLAM .. JILL S. HOLlNKA JOHN R. KORMANIK' WILLIAM A. MORROW WILLIAM F. NICHOLS .. WHITE PETERSON, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD.! SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 April I, 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: LOCHSA FALLS, LLC 1 LOCHSA FALLS SUBDIVISION NO. 101 FINAL PLAT - (FP-04-007) Dear Will: Regarding the above referenced matter, please find enclosed the original ofthe ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Cel1ificate of Service in the file ffi1d a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Z:\Work\M\Meridian\Meridian 1 5360M\Lochsa Falls Sub No. ]0 FP-04-007\Clerk FP Memo 04 01 04.doc CIIRISTOPHERS. NYE PHILIP A. PIITERSON TODD A. ROSSMAN TERRENCE R. WHITE ... . Also admitted in ( .. Also admitted ill C ... Also admitted in V BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF LOCHSA FALLS, LLC, FOR APPROVAL OF 26 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND 1 COMMON LOT ON 11.96 ACRES IN AN R-4 ZONE FOR LOCHSA FALLS SUBDIVISION NO. 10, LOCATED APPROXIMATELY ~ MILE WEST OF N. LINDER ROAD, AND ~ MILE NORTH OF W. McMILLAN ROAD, IN THE NORTH yz OF SECTION 26, TAN., R.IW., MERIDIAN, IDAHO C/C 02/17/04 C/C 02/24/04 C/C 03/02/04 C/C 03/09/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-04-007 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on February 17,2004, and tabled until February 24,2004, March 2, 2004 and March 9, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen for the Planning and Zoning Depmiment, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: February 17,2004, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Depmiment, commented at the hearing, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-04-007) Page 1 of 5 and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT OF LOCHSA FALLS SUBDIVISION NO. 10, A PORTION OF THE NE 1;4 OF SECTION 26, TAN., R.I W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, SHEET 1 OF 2, 31204-PLT.DWG, FACSIMILE DATE: FEB 02 '04, LOCHSA FALLS LLC - DEVELOPER, BRIGGS ENGINEERING, INC. - CONSULTING ENGINEERS", Lochsa Falls, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Teclmician III, and Sonya Allen for the Planning and Zoning Department, dated: Hearing Date: February 17, 2004, listing 15 SITE SPECIFIC REQUIREMENTS and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto mm'ked Exhibit "A", and consisting offive pages, mId by this reference incorporated herein, and the response letter received by Justin Martin dated March 5, 2004, a true and correct copy of which is attached hereto marked Exhibit "B", and consisting oftwo pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their Mm'ch 9,2004 meeting as follows, to-wit: 1.1 Adopt the Reconunendations of the Central District Health Department as follows: The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve tIus proposal for central sewage and central water; that plans must be submitted to mId approved by the Idaho Department of Health and Welfm'e, Division ofEnvirorunental Quality for central sewage and central water; that run-off is not to create a ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-007) Page 2 of 5 mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain cun-ent best management practices for stormwater disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. For Clarification: 1. It is agreed that under Site Specific Requirements number 8 of the staff report, that the storm drainage basin shown on Lot 1, Block 43, that the infiltration window will need to have sand or stone as required by the Ada County Highway District. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT/ (FP-04-007) Page 3 of 5 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 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 q~ day of It! t0C/1v- ,2004. A-~~&/f William G. Berg, Jr., City Clerk B Attest: ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT I (FP-04-007) Page 4 of5 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. ." By:Jd?-:.P-~ (5)- Dated: 1--7-c4- Z:\Work\M\Meridian\Meridian I 5360MILochsa Falls Sub No. to FP.04..o07\OrdcrFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-04-007) Page 5 of5 ~ -' .... .~ MAYOR Tammy de Weerd F""""'- ~ r CITY OF . ";'. _-'~ '-./1/lerldian IDAHO CITY HALL (208) 8884433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shaun Wardle Charles M. Rountree MEMORANDUM: Hearing Date: February 17, 2004 To: Mayor & City Council RE{JEI-VED MAR il 5 2004 From: Sonya Allen, Assistant City PlannerJ"l Bruce Freckleton, Engineering Tech III~ LOCHSA FALLS SUBDIVISION NO. 10 City Of Meridian City Clerk Office Re: Request for a Final Plat Approval of Lochsa Falls Subdivision No. 10, Consisting of Twenty-six (26) Single-family Residential Building Lots and One (1) Common Lot on 11.96 Acres in an R-4 Zone by Lochsa Falls, LLC (File No. FP-04-007). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION This is the tenth phase of Lochsa Falls Subdivision and consists of 26 single-family residential building lots and 1 common (landscaping/open space/drainage) lot on 11.96 acres. The gross density of Phase No. 10 is approximately 2.17 dwelling units/acre. The net density is approximately 2.76 dwelling units/acre. The subdivision was approved as a Planned Development which allowed for a reduction to development standards including reduced. setbacks (front 20', non-front entry garage 15' , 5' side single story, 7' side two-story), reduced lot sizes (min. 6,500 s.f.), reduced frontages (min. 60'), reduced house sizes (min. 1,201 s.f.) and to allow the Applicant's request to exceed minimum block length requirements. The reduced setbacks that were requested at the time this subdivision was approved are now allowed under current city ordinance. The final plat for this phase substantially complies with the approved preliminary plat. There b74/lJ,'f If ff I{ / o-Fo- Mayor & City Council Hearing Date: February 17~ 2004 Page 2 of5 was a reduction of approximately 6,379 s.f. of open space on Lot 1, Block 43 than was approved on the preliminary plat due to the relocation of Tignes A venue further to the north. However, the applicant states that the open space on Lot 19, Block 18 shown on the preliminary plat will increase by approximately 27,962 s.f. in a future phase. Landscape islands were also added in the roadway in Phase No.7 that totaled an additional 5,361 s.f. of open space. Therefore, the amount of open space provided in the overall development will actually exceed the amount approved in the preliminary plat. Staff recommends approval for Lochsa Falls Subdivision No. 10 with the comments and conditions stated in this report. LOCATION This phase of Lochsa Falls Subdivision is located approximately Y2 mile west of N. Linder Road, and Y2 mile north ofW. McMillan Road, in the north Y2 of Section 26, TAN., R.t W. SITE SPECIFIC REQUIREMENTS L Applicant shall meet all terms of the approved Preliminary Plat (pP-02-009), Conditional Use Permit (CUP-02-012), and the recorded Development Agreement (Inst. No. 103012598). 2. The pressurized irrigation system within this development is to be owned and maintained by the Settlers Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 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 fencing, micro-paths, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the fmal plat. 4. Temporary construction fencing to contain debris shall be installed along the boundaries oftms phase unless fencing already exists at the subdivision boundaries. FP-04-007 ErxJt.ID 11- ';;T1f c;;;lo&ft~blO.FP.dOC .1 Mayor & City Council . Hearing Date: February 17, 2004 Page 3 of5 5. Fencing within 20 feet of all public right of ways shall be no taller than 3-feet in height if sight obscuring material is used or 4-feet in height if non-sight obscuring material is used. 6. Please add or revise the following plat notes: Revise note: "Build ing setbacks and dimensional standards in this subdivision shall be in compliance with Title 11 and Title 12 of the Meridian City Code unless otherwise modified by Conditional Use Permit (CUP-02-012) which allowed for reduced setbacks. lot sizes, lot frontages, and minimum house size. " 7. The Landscape Plan dated 1/20/04, prepared by Harvest Design is approved as submitted. 8. The storm drainage basin shown on Lot 1, Block 43 shall have a vegetated groundcover. 9. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 10. 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. 11. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. (All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances.) 12. Graphically depict a 8-foot wide public utilities, drainage and irrigation easement along the east side of Lot 8, Block 45, and Lot 9, Block 44, and a the east side of Lot 1, Block 48, and the north side of Lot 1, Block 47, Lot 1, Block 45, and Lot 2, Block 43. These modifications are required because of pressurized irrigation mains or due to side lot lines against future phases. 13. Please correct the discrepancy in the distances between the face of the plat and the legal description of the Certificate of Owner's, for the short tangent along the south right-of- way line of Lot 1, Block 46. 14. Complete the CP&F filing number for Detail "A." FP-04-007 I:::CtJt ;''/0 I"f I' 'It It 3 o16Th1IS Sub 1 O.FP .doc Mayor & City Council Hearing Date: February 17, 2004 Page 4 of5 15. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural watetways, 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, with written confirmation of said approval submitted to the Public Works Department. 2. Anyexisting domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. One-Hundred watt (100w), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Warks Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Sewer and water mains shall be extended to and through the proposed development, thereby making the available for adjacent properties. 6. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. . 8. Provide sidewalks in accordance with the MCC. ST AFF RECOMMENDATION Staff recommends approval of the final plat for Lochsa Falls Subdivision No. 10 with the above stated comments & conditions. FP-04-007 f) Locbsa Falls SublO.FP.doc I:=~ .~ia It- II 4( l/ ()f5- Mayor & City Council Hearing Date: February 17, 2004 Page 5 of 5 FP-04-007 E.x.Jt1 b ,...+ ( If It S of ~ Lochsa Falls SublO.FP.doc m\o"-f' VJ ","VV1' (U~VLMm No,3539 p. 4/5 <> (.J.L / (~Vy) '.' t_/tl.lY,(JeJ~u' -0.(/() iA9 ,10 RECET'TED MAR ~ B 2004 March 5. 2004 Mayor and City Council City of Meridian 33 East idaho Avenue Meridian, JD 83642 City of Meridian City Clerk Office Re: J,ochsa Subdivision No. 10 Final Plat (File No. FP 04-007) Dear Mayor and Council: 1 'he following is in response to staffs comments. SITE SPECIFIC REQUIREMENtS 1. The Applicant will comply with tenns of approvals. 2. The Applicant will oomply with pressurized irrigation requirements. 3. The Applicant will comply. 4. The Applicant will C01:f1ply with fencing requirem~ts. 5. Agreed 6. The final plat will be revised in ~cordMCe with staff comments. 7. Noted 8. Agreed, except for the infiltration window will neM to have sand or stone as required by AeHD. 9, The Applicant will comply with ~ewer and water construction requirements. 10. The Applicant will pay all applicable fees prior to signature on the final plat. 11. The Applicant will comply. 12. The final plat wit1 be revised in accordance With staff comments. 13. The final plat will be revised in accordance with staff comments. 14. The final plat will be revised in accordance with staff comments. 15. Noted n-.\T:',~,."............~\ Tuift~.f"\("N1-tt"a/'_rct\Ol l 4\f"hqg. 1...'~U~\"'II~A:Qn. f"t,,.\I';",_J.1't"'1YLrl,\ti,,,t.:'! "'"I .t~'"".,.,,.~n1oQ\1iI'>Io.('t\I''nmlan1'a.\J'M~q(l A"",.. MAR 08 '04 10:15 44.~'7,A"" Y)I'<:~'(/,;w.!l.j(m...., (J(~< /O^'1 ah,,:':'-~ ,<ht,/",. 1~',t;714 (20<l'j ,:>'(\'cl'.(l{q')' .%.(: (!mS'}d}fi~2(}41 EiJCj,.~b,1- "/3'( / M ~ ~ v - "V v -r I V ' V l. rllll No.3539 p. 5/5 -,' Mayor and City Council March 5,2004 Page 2 GENERAL REQUIREMENTS 1. The Applicant will comply. 2. The Applicant will comply. 3. The Applicant will comply. 4. The Applicant will comply. 5. The Applicant will comply. 6. The Applicant's engineer will comply. 7. The Applicant will comply. 8. The Applicant will comp1y. We believe this letter addresses all of your concerns. Please feel free to call me if you have additional comments or questions, Sinoerely, u~. ;:JUStin Martin cc: Briggs Engineering Inc. '"' 1l.\'C'C1T".'lI........\ rmI-1.j.....\,..'.nnl""I1~\t11 T I\r:h~ ....~Q"Q\~J{~~rf''''1h t '';n,'('4iiv 'Q""'I'V\rf..AJi;nul nl",r ~m"1"'l1'<;'\1o'pl nr 1.f"'nmr-,,~n"""""1n~,I(\(\ eK.Jt,"b,'"f He, It d~~ MRR 218 '04 10: 16 MAYOR Tammy de Weerd " o~ ~~'~~~.~; . iT oU; CITY OF r~i'll,.. .:10;-< .~. -. .....,ft-- J...,.~ erldicrn ~-<1l/ IDAHO " " \' V }I {/ ,.?y ~ . ,1903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-5501 PUBLIC WORKS (208) 898-5500. Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird NOTICE OF PUBLIC AWARENESS MERIDIAN CITY COUNCIL NOTICE OF AWARENESS IS HEREBY GIVEN that members of the City Council of the City of Meridian will be attending the open house of the Emergency Operation Center at ACCEM, at 7200 Barrister Drive, Boise, Idaho on Monday, March 15, 2004 at 11 :00 A.M. This is not a meeting or workshop nor is there an agenda. J~A SEAL WILLIAM G. BERG, JR. - CITY"tL ....c;r!? ~~~'1~>/ '/ ~.:!""'- .....-~ J .. .< ~r:' ,: :_q. c \\\\\\lllltlllifl/I \,\ ... !Ill!""' .1/ ,,\\ j or Mr::.p{/,.., //" "O..t"'; 'UL ".... " ..'\.. ... ~A. '/ $' v O?,POR4h 'Y ~ "=" .;,.0 ~o -::. ::: ~ -: DATED this 12th day of March, 2004. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433 City Clerk Office Fax (208) 888-42] 8 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813