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HomeMy WebLinkAbout2004-05-25 ( CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 25, 2004 at 6:00 p.m. City Council Chambers 2. 1. Roll-call Attendance: Shaun Wardle __ >< Bill Nary X Charlie Rountree I Keith Bird -X- Mayor Tammy de Weerd Adoption of the Agenda: App r O'l/e.... Discussion of Area of City Impact: DlSCUssed (6tY\:::: 60. L\G....J L\ Ly La tL.. 3. 4. Sewer Service Discussion by Ralph Perez of Briarwood Corporation: D\ 5C U <5;eo' * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - May 25, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ! MAYOR Tammy de Wecrd oW; CITY OF' , , -', ,"'~ eridicrn- -~;; "\ 'Ii IDAHO 1" 1~ / ('''Iv-.. F '-'ell '''m -Ilk TREASUfl"- V NY> SINCE 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 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, May 25,2004 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 Area of City Impact Sewer Service Discussion by Ralph Perez of Briarwood Corporation The public is welcome to attend the meeting. DATED this 21st of May, 2004. 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 ** TX RMI'lT[ON REPDRT "'* AS OF MAY 21 '04' .);1 PRGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC pc;s CMDII STATUS 06 OS/21 15:36 38Hl160 EC--S 00'33" 001 104 OK 07 OS/21 15:37 PUBLIC WORKS EC--S 00'24" 001 104 OK 08 OS/21 15:36 12<184664405 EC--S 00'24" 001 104 OK 09 OS/21 15'39 8$41159 EC--5 80'24" 001 104 OK 10 OS/21 15:40 2088840744 EC--5 0121'24" 001 11214 OK 11 1215/21 15'41 POLICE DEPT EC--5 013'24" 001 104 OK 12 OS/21 15:41 8985501 EC--5 00'24" 001 104 OK 13 OS/21 15:42 LIBRARY E(--5 00'29" 001 104 OK 14 OS/21 15'43 92083776449 EC--5 00'24" 001 1134 OK 15 OS/21 15:44 208 38$ 6924 I::C--5 0121'28" 001 104 OK 16 OS/21 15:45 2088886854 I::C--S 00'24" 001 104 OK 17 OS/21 15'46 208 895 0390 EC--S 0e'24" 001 104 OK 18 e,V21 15'47 128300640 G3--5 el2l'28" eel 11214 OK 19 1215/21 15:48 208 387 6393 E(--5 0121'39" 001 11214 OK 20 OS/21 15:49 ADA CTY peUELMT EC--S 0121'25" 001 104 OK 21 OS/21 15: 51 8885052 I::C--S 1210'23" 001 104 OK 22 OS/21 15:52 CHERRY LANE G3--$ 0121'41" 001 104 OK 23 OS/21 15:53 IDAHO ATHLETIC C EC--S 013' 23" 001 1134 OK 24 OS/21 15'54 2088886701 EC--S 013'23" \'lel 1\'l4 OK 28 OS/21 15:58 [D PRES5 TRIBUNE EC-$ 00'24" 001 104 OK -----------------------------------------------------~-------------------------------------- V\to.SC post 1Q' rttt:\l~ l'JynlX - I nOJW~l MAYOR 'r"",my de Weud cM;;;;btrh. l.EGAI. D!iPARTMRNT (lOa) 4<SG.nn. FAX: 4664405 PhRKS &. RECREATION (208) 888.3579 . Fa< 898.550 I PUBLIC WORKS (l05) 598.5500' F,. S87.1l97 BUIl.J:llNG l)E~AR'TMErfr (lOa) SS1.Ult. Co"" SSH191 Pl.ANNlNG &: ZONING (Z08) 8S4-5S33 . F.... 88..68S4 CITY COUNCIL MliMBl!R.S Shaun W'r~lo WHilom l.. M, No')' Chari.. M Rounu ee Keitl,Bit<l NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian wiJI hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian. Idaho, on Tuesday, May 25,2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on Ule regular scheduled City Council meeting as well as the follOWing issues: - Discussion of Area of City Impact - Sewer Service Discussion by Ralph Perez Of Briarwood Corporation The pUblic is welcome to attend the meeting. DATED !his 2101 of May, 2004. ~\ClIY\~- WILLIAM G. BERG, JR. - CIT"P: 33 EAST IDAHO AVENUE . MERIDfAN, IDAHO S3G4Z . (208) 888.4433 ClIY Cltr~ om~. Fax aDS) 88S.4Z[S . Humon Re6ource. Fn.x (Z08) 884.8721 . !'in'''.. ,', tl.,,,,.. ,,""-- ~ .---. --~ .. ** TX CONFL.. _~TION REPORT ** C AS OF MAY 21 '0q 16:82 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 25 85/21 15:56 3818168 26 OS/21 15:56 PUBLIC WORKS 27 85/21 15:57 21384664405 29 OS/21 15:59 8841159 38 OS/21 16:08 28888413744 31 85/21 16:81 POLICE DEPT 32 OS/21 16:82 8985501 MODE MlNiSEC PGS CMDt! STATUS EC--S 138'26" 881 105 OK EC--S 88' 18" 001 105 OK EC--S 130'19" 001 105 OK EC--S 00'20" 081 185 Ok EC--S 08'18" 081 185 OK EC--S 08'18" 001 185 OK EC--S 013' 19" 11131 11215 OK -------------------------------------------------------------------------------------------- t'lf().~C ~t. tor t"'LU..JL \ ~ \\I u"\u.:.c. ~ \ ~ H..lnU ~J CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday. May 25,2004 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 Area of City Impact: 4. Sewer Service Discussion by Ralph Peraz of Briarwood Corporation: *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian Clt)' Pre-Council Agtlnda - May 25. 2004 Pa!)Q 1 af 1 All matenals presented at public meeUngs Shall become property elf the c~y of Moridian. Anyone desiring accommodation for dis30ililies related to docl.Imenls and/or hearings please contact the City Clerk's Office al 888-4433 at lessl 48 hours prlor \0 the public meellng. /" ** TX cot<. !AT! ON REPORT ** AS OF I MAY 21 '134. .~:24 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE M1N/SEC PGS CMNI STATUS 01 OS/21 16=132 LIBRARY EC--S 1313'21" 13131 105 OK 132 '115/21 16:'113 921383776449 EC--S 1313' 18" '11131 105 OK 0J OS/21 16:134 2138 388 6924 EC--5 00'213" '11131 105 OK 134 OS/21 16:05 2088886854 EC--S 013'19" 1301 105 OK 135 OS/21 16:'116 2138 895 13390 EC--S 130' 18" Bel 1'115 OK 136 OS/21 16:137 1283131313413 G3--5 1313'24" 13131 1135 OK 0? OS/21 16:08 ADA cry DEUELMT EC--S 1313' 19" 1301 105 OK 08 135/21 16:139 88851352 EC--S 1313' 19" 1301 1135 OK 139 OS/21 16'lEl CHERRY LANE G3--5 1313'37" 0131 11:15 OK 113 OS/21 16: 11 IDAHO fHHLET1C C EC--S 1313' 18" e131 1135 OK 11 135/21 16: 12 ID PRESS TRIBUNE EC--S 013'19" 001 1135 OK 12 OS/21 16'13 20888867131 EC--S eEl'19" eel 1135 OK 19 135/21 16:24 200 387 6393 EC--5 00' 19" 1301 1135 OK r'lt().~C ~'t 1'0\" YLu..>t\G NU,H':C. - \nUJ\U 1) CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 25, 2004 at 6:00 p.m. City Council Chambers 1. RolI.call Attefldance: _ Shaun Wardle _ Bill Nary _ Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Area of City Impact: 4. Sewer Service Discussion by Ralph Perez of Briarwood Corporation: *Approximate allowable time set for agenda item may change depending on discussion, Please use the designated minutes as a guideline only. _ Metidlan Oily Pre-Council J\g~nda - May 25. 2004 pago 1 of 1 A~ melenals p'es~nl"d at publiC mal'Vngs S)l;III becom8 propany of IIle eny Of Moridian. Anyone desiring accommodation (or disabilities r&lalad (0 documents and/or nearings please tonlact \he City CianI's Office at 8aS-44.3:lallo8st 48 hours prior to 1M pUblic meeting. June 18,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 22,2004 ITEM NO. S-B REQUEST Approve minutes of May 25, 2004 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: uvrrvU Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA TuesdaYJ May 2SJ 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve 3. Discussion of Area of City Impact: Discussed J Come back July 6J 2004 4. Sewer Service Discussion by Ralph Perez of Briarwood Corporation: Discussed * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - May 25, 2004 Page 1 of 1 All materials presented at PUblic meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Pre-Council Meetina Mav 25.2004 The Meridian City Pre-Council meeting was called to order at 6:10 P.M. on Tuesday, March 9, 2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Bill Nary, Keith Bird, Shaun Wardle and Charlie Rountree. Others Present: Gary Smith, Shari Stiles, Brad Watson, Bill Nichols, Mike Worley, William Musser, Dean Willis and Will Berg. Item 1. Roll-call Attendance: X Bill Nary X Shaun Wardle X Keith Bird X Charlie Rountree Mayor Tammy de Weerd x Item 2. Adoption of the Agenda: Rountree: I move we adopt the agenda for the May 25th pre-council meeting. Bird: Second. Nary: It's been moved and seconded to adopt the pre-council agenda as presented. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Discussion of Area of City Impact: De Weerd: I will introduce this. I believe that you received kind of a taped together map of the area north of Chinden between Linder and the map of Locust Grove. Did they not --? Oh, it's on your computers. Here, you can look at mine. It's a very nice picture. I had some of the property owners approach me last week and since we do have this - some of this area in front of the Ada County and asking for it to be part of the area of impact, I did ask the property owners to come here tonight and share with you what they had conveyed to me. So, I will turn this over - J don't know who wants to be the spokesperson, Mr. Calhan? Carnahan: I do have some handouts. (Inaudible discussion) Carnahan: Madame Mayor, members of the Council, I appreciate the opportunity to make some comments on this area of impact discussion. My name is Doug Meridian City Pre-Council Meeting May 25, 2004 Page 2 of 21 Carnahan. I live at 4410 West Chinden Boulevard. Myself and several of my neighboring property owners are here tonight to talk about some of the proposals that have been made by several cities. We have a specific request that we would like to make. First of all, in running through those pages that I provided you with the person that is not here on the list is Drew Aigers. He is in accord with what we are going to propose tonight and ask us to represent his position, but Jaq Huitt, Leroy Brandt as you can see on your slide there in the audience. We own property that's bounded by Chinden and the Phyllis canal and the other way east west from Linder over to Black Cat. We actually own some properties on the other side of Chinden as well, but we really haven't wanted to address those tonight because we think those are being taken care of in other discussions. If I could move you to the second page, this will show the property that we own. Let me start to the left. The Aigers family owns that in the yellow, which actually does straddle Black Cat, but approximately 160 acres. The property to the green is property that myself and my wife own and we have a nursery that's in operation on that property. Moving further east in the blue - Rountree: Excuse me. Carnahan: Yes. Rountree: How big is that property? Carnahan: Our property is 220 acres, Rountree: Thank you. Carnahan: The property in the blue includes the Spur Wing Golf and Country Club and that property is owned by the Huitt family and leased to the Country Club and in fact, Jaq Huitt has developed a fair amount as you can see there a number of lots in that blue parcel and Jaq I am - you have probably what 250 acres in there? Huitt: (Inaudible discussion) Carnahan: And then Leroy Brandt who is with us has about 50 acres and that's shown in the purple. So, on the next slide, basically gets to the point of why we are here. We would like to participate in this area of impact discussion. We have read about different proposals in the papers and all that and thought we would take the initiative and go forward and make some - a specific request. At the same time, we have - we are at different stages of development on these parcels; like for example, Jaq Huitt has already developed a subdivision in the Spur Wing area, but others of us are working with architects and coming up with proposals and we just want to make sure that we are working with the right municipality. So, I could, if you would like me too, make a few comments about what our plans are for each of those specific colored areas, or at least our earlier thinking if you'd find that useful at this point. Would that be helpful? Meridian City Pre-Council Meeting May 25, 2004 Page 3 of 21 Nary: Sure, that would be fine. Carnahan: Okay. Well, if I can take you back to the colored map. The Aigers family in the yellow, they are probably the furthest out in development planning. They think in about over - probably in about the ten-year timeframe, they want to be doing construction. Their interested in doing low-density residential out in the rim and then as you move closer to Chinden, probably a little bit higher density residential; when I say low-density I am thinking like one acre lots and higher density is maybe four-quarter-acre lots, something like that. Then selectively commercial may be around the corners or as fits the rest of the development. Our plans in the green are to, basically do something similar. We are going to take up kind of a golf course theme, but we could see single-family, low density lots out on the rim; more higher density as you move towards Chinden and then maybe some selective commercial. We do have an office for our nursery in that along Chinden as we (inaudible) today. Jaq, I don't know if you wanted to comment about your plans. Huitt: Inaudible. Carnahan: Basically, Jaq has developed a lot of the property already. He does have a plan to build some condominiums and some patio homes towards Chinden and you can see an area that is kind of looks like a little gray line and that's the - his proposal, he's held up because sewers aren't available as of this time. So, that's what he is waiting for, but he is ready to go. Leroy Brandt in the purple property has active dialogue with people that are interested in that property and his thoughts are a mix of residential and some commercial selectively near the corners. So, back to our priorities; sewers. Availability of services to that area. We want to be included early in the area of impact and this decision-making process. We are concerned that all this - I will call it difference of opinion as to who's, what cities area of impact we should be in is going to really slowdown the process and this could be contentious and we would like to get beyond that, have it decided and move forward. Then the last thing that's a priority for us, we do - we are interested in not just putting five acres lots out there. We are interested in mixed use. Like I said, low to medium density residential and light commercial. So, our last page in our request is real straightforward. We think the property that I have shown on the map there that's founded by the Phyllis Canal on north, Chinden on the south, Black Cat on the west end and Linder on the east end. We think that should be in the Meridian area of impact. We also - it's obvious we think you are in the best place to serve those properties. We own properties outside of those bounds and then maybe, for example, Spur Wing Country Club would be if the dividing line was the Phyllis Canal, Spur Wing would be in two different areas of impact and you may want to modify the line to accommodate some of those developments already in place. We certainly are open to discussion, but we do believe Meridian is the correct city to have that in their area of impact. We would like the area to be served with services and we would like some support for all what I call mixed-use (" Meridian City Pre-Council Meeting May 25,2004 Page 4 of 21 development as opposed to just being all five-acre lots. So, that's the request. We are open for questions or thoughts or comments. We would appreciate some feedback. Did I run out of time? Nary: Council, do you have questions for Mr. Carnahan? Bird: Mr. President, I got one question. Nary: Mr. Bird. Bird: Mr. Huitt might have to answer this. What you are saying is the existing houses and stuff at Spur Wing is wanting to come into the city limits of Meridian? Carnahan: What - I think they are talking area of impact. Bird: Area of impact. Just the area of impact? (Inaudible discussion) Nary: You probably need to come up here, sir. (Inaudible discussion) Nary: Sir, I need you to be on the microphone. That's all right. Huitt: Excuse me. I haven't canvassed the homeowner's within the Club. I have an additional 19-acre parcel that I want to do high density residential and so my interest is from that standpoint there. As far as the owners there, they all have - of course we all Meridian addresses in that part of the Valley, but we haven't canvassed the individual owners yet to see if they would want to be in Meridian's area of impact or not, which would ultimately be within the City of Meridian. Bird: Mr. Huitt, let me ask you and this is probably a dumb question, but in your blue area here, isn't the Spur Wing Golf Course included in that? Huitt: Yes, if you see the section of lots where it says Volada Court? Bird: Affirmative. Huitt: Okay, then just below that there is kind of a thin gray line that goes down. It's almost sort of shaped like a bow tie, right there. That would be the area, which would be developed. Bird: Okay. Huitt: Then that would be - that would complete the development for residential at Spur Wing. Meridian City Pre-Council.N1eeting May 25,2004 Page 5 of 21 Bird: That's the one there along (inaudible) the north? Huitt: Yeah, one, two and three. It's just to the right of the first, second and third hole. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: I had a question for Mr. Carnahan. You had indicated that the Aigers property was looking somewhere around ten years out for construction speculation on your parcel? Carnahan: We are thinking probably two to ten years we would like to see construction in that type of timeframe. We have already made commitments to take a lot of the growing from that nursery and move that to other locations and so that's commitment is taking place as we speak, so, or the move is taking place, so we think we could be moving dirt over the next two to three years, but it would take some time to develop 220 acres, Rountree: Thank you. De Weerd: I believe, Mr. Huitt had mentioned 2008 for your project? Huitt: Yeah, right now when we did our development under the non-farm, this remaining section has to be in open spaces until 2008. The demand is there as far as what we have. We have a list of a number of people and as soon as we are ready to go, you know - so, it's a very high demand, which would be high in single-family patio homes and those kinds of things. De Weerd: Thank you. Nary: Council, any other questions or directions to staff? Mr. Rountree. Rountree: Mr. President and Mr. Carnahan. Recognizing that currently this area is in the City of - or at least mostly in the City of Eagle's area of impact, I believe. Is it not? It's all of this? De Weerd: Their request is- Rountree: So, they are a two lender then? De Weerd: They are a two lender. Rountree: Okay. Meridian City Pre-Council Meeting May 25, 2004 Page 6 of 21 Carnahan: Yeah, this is all in the county now and Eagle has made a request to include it in their area of impact. Bird: It's nobody's impact now? Carnahan: Correct. That's my understanding. Nary: Madame Mayor. Oh, is Mr. Rountree done? Rountree: I am confused on that issue because I thought Chinden was the line of demarcation and that that was on a map somewhere. De Weerd: I have a map in my office if you'd like me to share it with you. They are asking to extend their area of impact from Linder to Black Cat, clear- Rountree: North of Chinden? De Weerd: Yes, north of Chinden and then it would kind of squiggle over to Highway 16, north of the river. Rountree: Okay. De Weerd: It is the recommendation of the Ada County planning staff that this area not be included at this time. So, that's where the Ada County planning staff's recommendation is. Rountree: Not being included with the City of Eagle's? De Weerd: In the City of Eagle's? Or the City of Stars. The City of Star is looking for the area to Black Cat, so they would go to Black Cat and then Eagle is asking (inaudible) from Black Cat to Linder. Rountree: Okay. All right. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess in talking with our Public Work's staff. They are in the process since there is - there will be annexation routes to this so they will be contiguous. They are looking at kind of doing a master plan and if I am wrong, please tell me - no, really don't. (Laughter). De Weerd: -- but they are looking - there is the south east corner of Ten Mile and Chinden that's being explored and some other property around there. So, if Meridian City Pre-Council Meeting May 25, 2004 Page 7 of 21 the Council would like to have this area included in some of the master planning for that area, now would be the best time to master plan it. Is that correct? You can say no, Nary: That sounds like a (inaudible) to you, Mr. Watson. Watson: Thank you, Mr. President, Madame Mayor, Council members. The south east corner of Ten Mile and Chinden there are at least one developer who is trying to pursue coming in with a development application and - well, I will spare you the details. It's not in the right sewer area and they want to pump back to the other service area. I told them that in order to do that there was another project that was withdrawn about a year ago that they would have to coordinate with. When I was telling you about master planning, it was a fairly fine-eyed little area no more than probably 60 acres on that corner and we didn't anticipate actually having JUB or somebody like that do a master plan. I was just anticipating having staff coordinate between the two developers and, I think, one other parcel that hasn't shown any interest in developing, yet. So, the scope of what I was intending to do on that corner was fairly limited. De Weerd: But, it could get bigger. Watson: With your direction, it certainly could get bigger. Nary: Mr. Wardle. Wardle: Mr. President in the discussions that we have had about area of impact and certainly these things have been spurred by the City of Eagle and the City of Star. From what I have heard the Council and the Mayor say is we would like to hear from the property owners and the neighbors and see what they would like to do. We have had some discussion about whether we can service that area and staff gave us a presentation several weeks ago as to that we would need to do a study to further see that happen, but if I remember Brad saying "could be possible" was not definitive, but could be possible. So, what I am hearing tonight is that the property owners and the neighbors would like to come in and from my just brief description that I heard tonight from Mr. Carnahan, would like not only to do just five-acre parcels, but some of the things that I heard fit into the comprehensive plan for some of the things that we are seeing in north Meridian that we have promoting and so, certainly - I am not sure the right direction as to where to go or how to pursue this, but it appears to me that this could be a fit for the City of Meridian given some of the things that I have heard about Ada County and they have recommended taking that out of some of the other areas of impact. I think it certainly warrants further discussion and the other thing that I would like to say is the neighbors are not coming in with a specific application requesting services tomorrow; they would like to know what our timeline is because I don't think we - or I know we don't have a definitive timeline to give them right now for service ability, but they are asking not just for sewer services, Meridian City Pre-Council Meeting May 25,2004 Page 8 of 21 but entire city services and would like to be part of our community as a whole. So, I will put that out for discussion. Nary: Mr. Carnahan one of the things that I noted in your presentation is that you said you wanted to - you and the other property owners want to be involved in the decision-making process and make sure you are talking to the right people and why, so have you done this presentation to the County? Carnahan: No. Nary: Okay. Have you talked to either the City's of Eagle or Star? Carnahan: Yes, we attended a meeting that was held by the City of Eagle for planning discussion, but when we attended that a lot of work had been done, but the people up on the bench where we live, to be honest, hadn't been included in most of that planning and so it was kind of they acknowledged that yeah we are kind of late and that was their fault, but we did attend and we provided and raised the question what about services? Their comment back was that services like sewers for example, could be handled on multi-agency agreements and that the political boundaries didn't need to match the sewer boundaries. Maybe there is some good way to have a city fund sewer systems and all that kind of stuff and get returns, financial returns from extending it into other city's areas of impacts or other cities it just seems surprising to me that that would work. Rountree: Good deduction. (Laughter). De Weerd: We are trying to be polite. Carnahan: Yeah, I was too. I don't know whether I was or not. Bird: We don't really want to tell you what we think. Nary: Well, Council I think this is a very good presentation by these property owners. What would you suggest they do? I think at this juncture - just to sort of recap where we have been, I think at this point we had recommended or had commented to the County to study this area thoroughly to make that assessment, essentially as these property owner's have asked as to where is the most appropriate area of impact, if any, this property should be in. Obviously, before we could commit further resources of the City we would have to make that decision as well as to whether or not we wanted the Public Works Department to do further study and further modeling to sort of carry out this possibility as to whether or not it is feasible for the City of Meridian to serve this area at some point in the future and whether it makes the most sense to us to, instead of advocating a somewhat neutral position to the County we are really advocating more with you that this area should become part of the Meridian area of impact. MerIdian City Pre-Council Meeting May 25, 2004 Page 9 of 21 Bird: Mr. President. Nary: Mr. Bird. Bird: I will give you my opinion. I feel that this is an ideal area of impact for us. I feel we can service it if we have to go to lift stations. Everybody else around here does the service things. This isn't something that they are going to want to start developing tomorrow. It's something that's down the road and I will certainly welcome this into our impact area and I think it's the most logical to be in our impact area. That's my opinion and I would help to do anything we could to get (inaudible) anything back there. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: I am not going to offer my opinion, but it is so nice to have folks come to Meridian and want to be part of our community. I think we ought to put a hand out to these folks and take a look at this request and look at the feasibility and be genuine and upfront with you and let you know what our timeline is, what our potential costs are, what kind of partnering we might want to do with new landowners and see if this realistically can happen. I agree with Keith that this certainly would be an ideal northern boundary for the City of Meridian and it's consistent with the Fire District and the Recreation District that surrounds us as well and the library district and a lot of things that are within that boundary. Nary: Mr. Wardle. Wardle: Mr. President. I would also agree with comments and as far as from an action step, I think we need to see some costs from Public Works as far as what a study would look like, so that we can make good decisions on how to proceed, but in the interim process, I think to note that this is not a pressure being driven necessarily upon the City of Meridian by our municipality, but is affecting some of those municipalities around us. I think it would be good to bring the property owners because they have obviously organized and come up with a plan and to have them also contact the County and at least make sort of either a presentation or a written form and to certainly at this point support at least a delayed decision on this area from the County so that, again they are recommending this again at this point, I think it would be - we have already submitted that we should, I think that it would bring these property owners in to recommend that a decision be held off until we have all the answers would be appropriate at this time. De Weerd: Mr. President. Nary: Madame Mayor. ( Meridian City Pre-Council Ivleeting May 25,2004 Page 10 of 21 De Weerd: I would agree we do have a hearing on Thursday and I think it would be appropriate for you know - the Eagle area of impact will go to Black Cat and if the Aigers would like some of this as a part of that discussion, I could also attend and provide testimony, again to remove this area from the applications until further information can be sought and if the property owners don't mind then I would share that we have been approached by the property owners for the majority share between Linder and for that area of impact in question to come into Meridian and we likely have already stated in testimony would like to know who can best service that area in the least amount of time and the least amount of price to the property owners and that has been our statement to them and I think it's fair to continue that. I believe that Meridian would be the first to be able to service that and Eagle's comments are exactly them thinking we would service it through contract through them and if we are going to provide services it makes more sense that we would provide all the services and it would be part of our City. Nary: It's very typical when politicians say we are not going to give you an opinion and it sounds an awful lot like an opinion. De Weerd: I already told them my opinion. Nary: I guess I looked at it as a couple of steps. Obviously, there are some short windows that we need to address and I think Madame Mayor suggestion of participating in the next meeting on this - both for you folks as well as for us to be a participant in that discussion. I leave it to the Mayor's discretion on having the same discussion prior to the meeting with the mayor of Eagle. You know, what we are not giving an opinion is really waving into an issue to this point that we have taken a fairly neutral position about and I agree with the rest of the Council members. I think it does make sense that this area - Chinden has been this artificial line for no reason and it's just a road that happens to be there. It's not because it made any particular sense of planning ownership, long-range objectives, and sewer ability. It's just a road and that's it and as we have found over the years, the roads themselves aren't laid out in some definitive way to determine which part should be in which city and we have had to address that. I don't look at the road as a barrier. I think there is some practical sense. I agree with the Mayor that it doesn't make sense for the City to extend services across the street from the City to provide service to an area and then have that area be in another city. It just doesn't make that much sense for us. So, I think that being said, we probably need to consider in fairly short order some other things from the staff level as to what would be the cost of doing some analysis to make that if we are going to make an application or we are going to participate in the discussion stronger than we have been from the City that this should be in our area of impact we probably are going to have to understand for all of us what's that going to take. What's the process for us? How does that impact all of you? What roles should you folks play and again what's the impact and cost to the residents for us to do that? So, I think we are going to have to sort of keep that Meridian City Pre-CouncillV1eeting May 25, 2004 Page 11 of 21 on our radar. I don't necessarily think we have to make those decisions tonight, but I think we are going to have to go down that road fairly soon if that's what we want to do. Unless someone else tells me I am off on my thoughts, I think that's how we are going to get there. In the short run, I think the Mayor's suggestion is probably in the immediacy is probably the best way to go, You can have the last word. Carnahan: Okay. Well, just to bring clarity to something for my benefit and maybe your benefit as well. On the issue of you being able to state that you have been approached by the property owners and they want to be part of Meridian, the answer is we support that. You can say that publicly or there is no problem with that issue. So, that's clear. If you would like us to talk to the Mayor of Eagle and explain our position - that's - we are willing to do that if you consider that and just - we are willing to do that if you would like us to participate in the County discussions and have us make a similar presentation we are willing to do that. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I think it's more appropriate that I talk to the Mayor of Eagle and talk to her about what happened at the meeting tonight and - but, I do think it is appropriate that you do provide testimony at the County meetings and state your interest. I guess what I would like to also ask is Council to give some direction to staff on maybe what the steps necessary would be and give them an idea of when we would like to hear back on those next steps. Nary: Mr. Wardle. Wardle: Mr. President. Wardle: Brad, what - when do you think it would be possible to give us just a brief outline of what steps it would take to make - to give the Council and the Mayor enough (inaudible) to make a decision? Watson: Councilman Wardle I would undoubtedly speak with JUB on this issue. It's going to take a little bit more time than it ordinarily would because of what we have their people working on right now; it's the Black Cat project that we are right in the middle of - the most intense part of the design. Complicating that is that we have issued an RFP for the wastewater plant design where we will be interviewing them and they will be preparing for interviews. All that said, three to four weeks, probably four would be ideal to get with them, look at what a proposal would be, look at what the cost for proposal to study this area would be and bring it back to you. Wardle: Mr. President. Meridian City Pre-CouncillV1eeting May 25, 2004 Page 12 of 21 Nary: Mr. Wardle. Wardle: I guess just to be clear the first step would be to talk to them about doing really a feasibility study. Is that kind of what we are talking about? A sewer feasibility study? Is that --? Watson: Right. Councilman Wardle what we would probably do is ask them for a proposal that's broken into several phases. The first part would be the mere feasibility of it. Second would be maybe a little more detailed analysis of what the layout might be, along with that would be cost. So, it would be a phased approach, probably at each point we would come back to you with a no go, go no go request from CounciL Wardle: Mr. President. So, Brad in say four weeks we could have a pretty good idea of maybe timelines and cost? Is that --? Watson: Yes, I believe we can. Wardle: So, would July 6th give you enough time? Watson: Yes, I think that would be great. Thank you. Nary: Council is everyone comfortable with that if we ask Mr. Watson - Ms. Powell is not here right now, but I think we will probably want some input from the planning staff as well as to the same issues; feasibility, what the process would be from the City's perspective. I think we are going to do some other things in the meantime, but July 6th if Council is all right with that. Rountree: Fine with me. Nary: Is that going to work, Mr. Watson? Watson: Yes, it will thank you, De Weerd: Mr, President. Nary: Madame Mayor. De Weerd: Just to clarify for the property owners, staff will come back July 6th detailing the next steps for what we need to do to plan for this area and see the feasibility and sewer-ability. Is that correct? Affirmative, De Weerd: Okay. ( Meridian City Pre-Council,v1eeting May 25,2004 Page 13 of 21 Carnahan: Great. Thank you for your consideration. De Weerd: So, if you'd like to join us then, we would certainly welcome you. Carnahan: Thank you. De Weerd: Thank you. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: I think that somewhat hinges on what happens this week with the County as well. De Weerd: This week is just - no. It's this Thursday night, the 2ih and this will be just Star's and there is only part of the Aigers property in the Star area. Rountree: Okay. De Weerd: I don't know when the public hearings are for Eagle, in fact, one of you might need to attend with that (inaudible) when I am out of town. Thank you. Carnahan: June 1st? De Weerd: June 1st I will be in town. We will join then on June 1st. Item 4. Sewer Service Discussion by Ralph Perez of Briarwood Corporation: Nary: If you recall, this is from a couple of weeks ago. Mr. Perez is here and if I recall correctly and maybe somebody remembers this better. I think Mr. Perez did make his presentation about this area north of Chinden as well off of Meridian Road area and I think we basically said come back in a couple of weeks while we think about it. So, I don't recall we gave any other direction than that, so if we did I don't recall. Did we give you more direction? I didn't think we did. I think we said we'd think about it and - Perez: Mr. President, Madame Mayor first of all let me just say thank you for allowing us to come back again. I am glad I got to hear the last testimony, but probably would be more confident if I was up first tonight than second. I think there is obviously some overlapping issues there. As I understand it, I was to come back in two weeks with trying to get some more details. The Mayor had asked me to write her a letter, spelling out a little bit in more detail what I am proposing. I did attempt to get a hold of the Mayor to ask a couple of questions, but I know the schedule is been real busy and it came right down to the end here, so I didn't get you that letter, but I did provide to the Council and the Mayor a ( Meridian City Pre-Council Meeting May 25, 2004 Page 14 of 21 copy of the agreement that the Eagle Sewer District has with the City of Boise and since I am not an expert in how this is actually going to work out when you ask me for more detail, I am thinking okay, I have got to go get that detail from somewhere else because I don't have that information myself, so that agreement I think had a lot of the information that will be helpful in it. Also, I did - we did meet with JUB Engineering in order to get a proposal from them that would give us an idea of the costs involved in doing the study to determine whether or not it's feasible for you to service this area. I believe you have a copy of that proposal from JUB as well. Can I add that in lieu of the previous conversation that you just had with the area north of Chinden, it seems clear that in general you are not inclined to provide services unless, you know, it is your area and you are going to be providing all the services. I would like to point out the differences between what we are proposing and the issues that are west of Linder. First of all the Linley family and the properties that we are discussing here are already in Eagle's area of impact. If not, we would have been standing right here with these other folks tonight, suggesting the same thing. I am sure the Linley's - you know they have been trying to develop their property now for many, many years and wish they would have been able to have the opportunity not to be in the Eagle's area of impact today if they had that option. So, we understand why the other folks are trying to get a head of the curve here, they don't want to be in the same boat that we are in currently. The other issue is that the City of Eagle provides no services for sewer. It's the Eagle Sewer District that provides these services. The Eagle Sewer District does not go west of Linder Road. The area that you are discussing with these property owners does not fall within their area of impact or even in their future planning area. It goes to Linder, drops off the bench, pretty much goes along the boundaries, I believe, of the area - if I could see the map I was seeing here pretty well skirts around the north of it. So they are not even in this area. Maybe that's a point for discussion that in an agreement that we drafted, perhaps there could be some agreement that they would not requested to expand their area into that area. That's something that could be open for negotiation. So having said that the proposal that we got from JUB to determine whether or not you had any additional capacity in the north slew trunk line, I believe Brad is it - or is that what we are asking for in Linder Road -- there is two proposed ways to do it, but either way the cost is a little over $9,000, close to $10,000 I believe, which is a cost that - a little over $9,000 is a cost that we, the undeveloped property owners in this affected area are willing to pay to determine whether or not you have that capacity. It would be either way we would have to have a lift station to pump it across Chinden either near Meridian Road or at Linder Road depending on which of the two ways we would end up having to sewer it. So, politically I know we are in kind of a strange quagmire here. I was hoping not to have to be in that, but I saw it coming. Again, I think there are significant differences that would not affect your negotiations with the County. I believe that it makes perfect sense that the area - in fact I think that this is a fine example of why the area north of Chinden, west of Linder Road should be in Meridian's area of impact. It's obvious that the City of Eagle is not in a position to provide the services, the environmental services that are going to be required to service that area, nor has there been any plans to even address, providing that Meridian City Pre-Council Meeting May 25, 2004 Page 15 of 21 they don't have the district that doesn't go out there, they don't have the planning in place for future ability to service that area. So, the only hope that Meridian would have to service that area is if they came to you and - the City of Eagle, excuse me - and had an agreement directly with you to service their City in that area, This is a completely different issue. This is the Sewer District asking you to provide sewer treatment for their current area. I hope that's a significant enough difference and maybe we can be helpful in your negotiation and we would be more than happy to testify as to the problems that we have had in trying to develop in this area because we are in fact in an area that does not have services. Nary: Council, is there questions or comments for Mr. Perez? I guess my comment is that, you know, I agree with you I think it is different. I mean the situation with the other areas that are served by the City of Boise is really just essentially selling a commodity. They are selling space in the sewer treatment plant. They are not extending service. They don't extend lines. They don't extend anything. All they do is they allow someone outside the City limits to hook a line - hook their line up to the City sewer line. They meter that line. They basically - they count the billing from that meter and they just bill for the services. They are just selling capacity and that is different from what the other homeowners are asking. I think based on the comment of the prior property owner, that's essentially what it sounds like Eagle was telling them if they (inaudible). I wasn't there, but it sounds from his testimony that's what they were telling them is you can be in our area of impact, just like the area you are representing here and you can go essentially pay for capacity in the Meridian Wastewater Treatment Plant and go get sewer service that way and we don't have to provide it to you. So, I agree with you. I think it is different. I think the issue before the Council here is do we want to get into that business and if we do, what's that going to take? We didn't - we specifically didn't ask Mr. Watson to tell us that in two weeks, so I think we need to know, Council, do you want to do that? I think the last comment I recall at the last meeting was we are already working to serve our area of impact now; do we want to get into the business of doing this at the same time? That's, I guess the group's decision. Madame Mayor you look anxious to make a - De Weerd: No. Rountree: You just look anxious. Mr. President. Nary: Mr. Rountree. Rountree: I think you stated it quite well in what Meridian is undertaking and has planned to do over the last number of years, not just recently; but we have planned to accommodate our area of impact. We have sized our package plan accordingly and as you heard earlier, we have yet another RFP out for an additional improvement and expansion of that facility and we also have additional folks who want to become part of the City of Meridian; if that happens we have to Meridian City Pre-Council Meeting May 25,2004 Page 16 of 21 figure out how to accommodate them. I am not - I was going to say uninterested, but that's not true I am interested in the plight of the folks that you are representing and yourself, but I am not sure that I am ready to have the City of Meridian become a merchant of capacity within our Wastewater Treatment facility. Perez: Mr. President. Nary: Mr. Perez. Perez: Thank you. I understand that. I guess I would just state that the nature of this agreement is very limited. You are under no obligation to enter into any other agreements of this kind. It's a very specific area and it's a very low density of houses. We are looking at 300 to 350 homes; that's not a lot of capacity, but it would mean a big difference to the Linley's and if they have an opportunity, Mr. Linley would like to say something this evening if - I know we are running late here. I guess what we are asking is obviously what we need in order to even proceed to determine whether you have got the capacity is the authorization from the Council to allow JUS to use your 2003 modeling information to accomplish our study. So, that's what we are asking for here this evening and] will just leave it at that if I may unless there are other questions and if Mr. Linley could say something. Nary: Just one more thing - (Turn tape over) Nary: I guess I don't have as big an opposition to your proposal. When I look at, I guess - if you folks were - if you and your clients were standing here saying our systems have failed and we need it. We just don't have the ability to rebuild these systems that we have now and we need it. That's why the City of Boise got into that business of selling that capacity was to basically deal with the health and safety of the community. We probably - the discussion would be different. You just happened to be here early before your systems failed and that's okay, that's good, What I guess I am not willing to do is commit the City of Meridian's resources to studying your proposal. But, I think you are asking us to commit your own. Perez: That is correct, Mr. President. Nary: Study this proposal, see whether or not this agreement and then basically, I think what we would be asking our staff is would this essentially capacity sale, would this detract from our ability to carry out our sewer master plan? Would this somehow speed our capacity up sooner than we anticipated? Would it then hinder our ability to serve within our community and within our boundaries, would this somehow impact the necessity of building on to the treatment plant sooner? And if it is so, what's that cost and what's that cost going to be to the other ( Meridian City Pre-Councillv1eeting May 25, 2004 Page 17 of 21 users? How are we going to recoup that through this agreement with you folks? But, I guess for me to study it, to see whether or not it makes some practical sense and what the cost would be to the City, I don't have any aversion to that. I think having that information gives us at least something to make a better decision on. I don't, at least for me, I don't feel like I have enough information to say no. Perez: Thank you, Mr. President. That is correct. The only, I guess to be really straight forward about it, there would be a need from time to time as JUB was doing their running their calculations, there would be a need to discuss their progress with Mr. Watson and make sure that they are making the right choices. So, some consultation time of your staff - a very limited amount, would be required with consultation with JUB. To that extent there may be some resources, but the financial resources and the major work would be all done by ourselves and JUs. Wardle: Mr. President. Nary: Mr. Wardle, Wardle: Just a comment. While I understand and what Mr. Nary said sounds reasonable, I feel - I certainly don't want to send a group of people out to spend resources studying an issue that we are addressing even within our own city. We have had individuals that are property owners come and ask us when they are going to be able to receive city services and they are within our area of impact and so at that level I am not as comfortable saying go out and do a study and bring it back. I am not sure that the result is going to help that much at this point and time. That's my opinion. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: I am not opposed to having the study moved forward. I just want you all to know that at least from my perspective that I am not inclined to be favorable, though my mind is not made up, it's pretty close. So, you know, don't go into it with rose colored glasses thinking that my 9 or 10 thousand dollar investment is going to get me in because - (inaudible----). Just to be fair, Perez: Mr. President, Madame Mayor. Nary: Certainly, go ahead Mr. Perez. Perez: I understand that, I guess the idea would be that if the study did not determine any negative impact on the City of Meridian and it's ability to grow into the future that I guess I'm (inaudible) in being able to move forward is that there is a reasonable possibility to utilize any capacity that is there, again, that if ! Meridian City Pre-Council Meeting May 25,2004 Page 18 of 21 provided your staff makes the determination that there is no negative impact to your community, If there were negative impact found, then obviously you need to decide accordingly. Bird: Mr. President. Nary: Mr. Bird. Bird: I agree with Shaun and Charlie to a degree, not 100 percent, but the problem I see out there is the impact and stuff isn't going - and like Charlie says, if you go spend 9 or 10 pounder there is no guarantee. I have a problem servicing other cities' impact area, the same as I would have other sewer districts or water districts coming in and servicing our area. I think it's like Mr. Wardle said we have got a tremendous amount of our own impact area that has been our impact area for years that we are not ready to service and there are developers out there wanting to develop it. I think that we have to look at that. Now, if you get out of the Eagle impact area, like the proposal was brought to us before, hey (inaudible----). This is one guy to take a good hard look at it. Rountree: This is one guy that would take a real hard look at that too. I am sure the Linley's would be jumping for joy. Bird: I think we are just doing some things that probably isn't - we shouldn't be doing at this point; stepping on other municipalities' toes and their impact area. We would not like them stepping on our toes. We have had that done to us. We don't like it. We have got a thing coming up before us right now that another municipality is trying to take some stuff away from one of our taxing entities. I am like Mr. Rountree, you can go do that, but make sure you understand that there is no guarantee that we are going to do it. If you spend your 10 thousand dollars, there is not guarantee that this guy going to vote for it. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: I would just like to follow up on something that Mr. Perez says and said. That was that if the study determined that the staff level that there wasn't any negative impact that you would assume that you could proceed forward with that process and well, not in my opinion, but in fact, that's a policy decision determined by this Council, not a staff level decision that if there aren't or doesn't appear to be any negative impact based on modeling that it will automatically happen. I just again wanted to - before any resources or time is spent that it is a policy decision that will come from Council. Perez: Mr. President, Madame Mayor. Nary: Mr. Perez. ( Meridian City Pre-Council Meeting May 25,2004 Page 19 of 21 Perez: I appreciate that, Mr. Wardle. Mr. Bird, I just would add one comment to what you had said, I agree with 100 percent of with what you said, however, if the City of Eagle was not in favor of this agreement in order to sewer their area, in other words in realizing that the City of Eagle is not part of this sewer district, but if they were also to step forward and say hey we don't have a problem with this then would that tend to alleviate your concern with regards to stepping on anybody's toes? Because I believe that and maybe Madame Mayor could raise this issue in her conversations with the Mayor of Eagle. They would like to have our development. Obviously it's going to be their tax base, whether you provide the service or don't and they want to see the development occur realizing that this is really the only way that it can occur. So, I think they would be very much in favor of that. Bird: Well, I am like Mr. Rountree; I'd have an open mind on that. A lot more open at that point than it is right now. Perez: Thank you. Nary: Yeah, Mr. Perez you were reading my mind. I was going to ask the Mayor to see if she wanted to add this to her agenda to discuss with Mayor Merrill. De Weerd: I have a growing list. Nary: And to at least get their feedback because obviously we aren't in the business of stepping on other people's toes, We don't like it. Other entities don't like it and we are not wanting to do that. I don't think we probably could make it any clearer that you know we are willing to let you spend your money, but a year from now you are standing here saying we spent 10 thousand dollars studying this you have got to do this for us, we are not promising we are going to do anything. Perez: I promise I won't stand here and tell you that you got to do anything today. Nary: Well, we record all these meetings and we will remember that we said that to you. I am sure that we will make sure to bring that back up to you, but if you want to proceed and study that I certainly don't have an objection and I am not hearing a boisterous objection from the rest of this Council to go ahead and make that study. Am I reading that correctly, Council is that all right? With that caveat that we have given you if you want to study that and get with our staff when it's at their convenience to be able to work that in, I think Mr. Watson is pretty busy, but to work that in with what they got to do they've got to do they certainly will work with you. Perez: Okay. ( Meridian City Pre-Council Meeting May 25,2004 Page 20 of 21 Nary: Is that a fair assessment, Mr. Watson at your schedule? Watson: Yes it is Mr. President. The only thing that Mr. Perez is asking is that we allow him and his consultant to use our work product, which is the sewer model and unless you have any objections I will release JUB to use that. Nary: I think that's okay. Watson: Thank you. Nary: Mr. Smith did you have any thought that you wanted to add to that before we are done? You can always make a comment later, Smith: Mr. President, Mayor and Council members I guess it's just an issue that we need to look at for that whole area between Chinden and the bluff. You know, I don't want to - I understand what Mr. Perez's issue is and his objective and the other property owners that came before you earlier this evening, but it seems like the whole area needs to be looked at really hard as far as sewer services are concerned. The other thing that always is in the back of my mind is the length of time that it takes to develop treatment capacity at the wastewater plant as compared to the length of time it takes to develop a subdivision with a lift station and a pressure line and those two things are apples and oranges. As Councilman Bird said, we are trying to keep some excess capacity at the plant for the properties that we presently have within our area of impact that can be served, such as the Black Cat trunk extension area. So, we really got some multiple balls in the area you might say and I really need to be careful about how we proceed and that we do it in a group effort in a larger area so we don't continually have to address these individual projects. JUB's well versed in our plan, they developed it for us. I know that will be upper most in their mind, but I just wanted to kind of reiterate that. Thank you. Rountree: Thanks, Gary. Nary: Thank you. I don't want to cut off Mr. Linley if he would like to have a few moments that certainly fine before we are done. Perez: Thank you very much. Linley: My name is Tio Linley. I live at 4125 Harbor Point, Meridian. I just wanted to thank you. It's a tough situation when your landowner. My family bought this property in 1958 and he is getting up in the years now and trying to retire and we just hit a lot of things that we couldn't get through with Eagle City. I won't say it's a last resort, but it's - we appreciate you looking at this and I really even though the people that maybe were in front of us, I understand where they are coming from and I certainly wish we could have done that and got ahead of the curve knowing what we know now. I can tell you that to answer you, you are right there is a problem area - everything out there. As near as we can tell there Meridian City Pre-Council Meeting May 25, 2004 Page 21 of 21 is no answer. There is no place for us to go, so [ thank you for the opportunity and just hearing us today. Thank you. Nary: Thank you. Council, we are at the end of our agenda if you would make a motion to adjourn. Rountree: So moved. Bird: Second. Nary: It's been moved and seconded to adjourn the Pre-Council meeting of May 25th. All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 7:05 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: Vf)Jll f 122-/ tJ4- DATE APPROVED TAMMY DE WEERD, MAY \\111L11l fill/II \\\ M 'II ,"\\~l of . ERlo., 1111" ~ :\ -.. '''1. 'l :2''' a ol\POIVi 'l; '1-"'~ 2 ~() ('0 ~ ~ ~ ~ - , ~ = ~ SEAL ~ l.( &- ~ L' ,OS 0 g S 1'0 (;8/ 1Si . .:f- ~ ~ "'9 \.0"?- """ ;.' C \V " "-"1'1 'OUNT"<. \\\\\ II, \\\\ Ifil"!1H ;011 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 25, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle )( Bill Nary X Charlie Rountree '"'I Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Ray Allen, Chaplain for American Legion; Pr l'Sefl.tt"d 4. Proclamation for American Legion Poppy Day proclaimed Saturday, May 29,2004: Rrsc:nJcd 5. Adoption of the Agenda: AWrovc Cls Amcrded 6. Consent Agenda: A. Approve Minutes of April 20, 2004 Pre-Council Meeting: ~~ B. Approve Minutes of April 27, 2004 Pre-Council Meeting: k:>provc C. Approve Minutes of May 11, 2004 City Council Regular Meeting: App-ove- D. Findings of Fact and Conclusions of Law for Approval: AZ 03- 022 Request for annexation and zoning of 5 acres from RT to C-G zones for Kissler (Dealy Parcel) by BRS Architects - southeast corner of East Ustick Road and North Eagle Road: AvProvc.. E. Findings of Fact and Conclusions of Law for Approval: PFP 04- 001 Request for Preliminary Final Plat approval for 3 residential building lots and 1 common lot on .73 acre in an R-15 zone for Troy Place Subdivision by PPN, LLC - 1236 East 2 % Street: ~ F. Findings of Fact and Conclusions of Law for Approval: CUP 04- 003 Request for a Conditional Use Permit for a Planned Development to allow for a multi-family development consisting of 1 tri-plex and 2 four-plexes with reduced street frontage, setbacks and minimum lot Meridian City Council Agenda - May 25, 2004 Page 1 of3 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerlc.'s Office at 8884433 at least 48 hours prior to 1he public meeting. width requirements in an R-15 zone for Trov Place Subdivision by PPN, LLC - 1236 East 2 ~ Street: Awr()tc- G. Order Accepting Withdrawl of Application: RZ 04-001 Request for a Rezone of .353 acres from R-4 to O-T zones for NIDAYS Addition by Marlyn and Brandon Schmeckpeper - 230 West Pine Avenue: Approve- H. Safety ConsultinQ and Advisory Services - First Link Safety: Prpprwe... I. Resolution No. 64- 434 CARE Statement: Approve- : City of Meridian's 7. Department Reports: 8. 9. 10. 11. 12. A. Planning and Zoning Department 1. Discussion of Draft DA with Lamont Kouba and Robnett Construction, Inc.: CtscusscO 2. Discussion of waiver of Appeal fee for Steve Christianson: 001'1 ~ (Items Moved from Consent Agenda) Continued Public Hearing from May 11, 2004: AZ 03-038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: ~cnhY1Uc. PLlbhC. \iw.nr"tl\ 10 June 8t2004 Continued Public Hearing (rom May 11, 2004: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C-G zone for proposed Mussell Comer Subdivision by Pinnacle Engineers, Inc. - northeast comer of East Victory Road and South Meridian Kuna Highway: eortttr1UC. Pu.bhc. \ta. rH\(\ -b June.... '6\ ZWt .J Continued Public Hearing from May 11, 2004: CUP 03-071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station I convenience store on one of the proposed lots and to allow the existing commercial and residential uses to remain and the property for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: &xt-ttf\U'C.- ~b\tt. \\:1tn n~ -\0 crUY\t g I ZOO4 Contimled Public Hearing from May 18, 2004: AZ 04-006 Request for Annexation and Zoning of 3.06 acres from RUT to L-O zone for proposed Meridian City Council Agenda - May 25, 2004 Page 2 on All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodatiOll 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. 13 14. 15. 16. 17. 18. 19. 20. Southstone Subdivision by Pinnacle Engineers, Inc. - northeast corner of South Eagle Road and East Girdner Lane: f!.01-nnuc Rtb\ lC \\:aJ"\flS +o:TUrY: II LDD+ Continued Public Hearing from May 18, 2004: PP 04-008 Request for Preliminary Plat approval of 8 commercial building lots on 3.06 acres in a proposed L-O zone for proposed Southstone Subdivision by Pinnacle Engineers, Inc. - northeast corner of South Eagle Road and East Girdner Lane: Cx::rttlnuc.. R1bl\c... MYlY\% 16 0Une\1 ZC04> Public Hearing: AZ 04..003 Request for Annexation and Zoning of 16.73 acres from RUT to R-8 zones for proposed Javdan ~Ubdivision by Packard Estates, LLC - 5325 West Ustick Road: fa ~lC. W~ ~ Pt-pprttvCL\ Public Hearing: PP 04..002 Request for Preliminary Plat approval of 75 residential building lots and 8 common lots on 16.73 acres in a proposed R-8 zone for proposed Javdan Villaae Subdivision by Packard Estates, LLC - 5325 West Ustick Road: Ai\O(Y'ti~ t6 CYl""fCl te PFQLr'Ol ~v'd..-\ .- .J { . - Public Hearing: CUP 04-004 Request for a Conditional Use Permit for a Planned Development with request for reduction to the minimum requirements for lot size, street frontage, and front yard setbacks for side entry garages for proposed Javdan Villaae Subdivision by Packard Estates, LLC - 5325 West Ustick Road: ~'C.L\ b ~rt W<!.L tct k'yw>vt1.-\ Public Hearing: AZ 04-004 Request for annexation and zoning of 34.6 acres from RUT to I-L, L-O, and C-G zones for proposed McNelis Subdivision by Falcon Creek, LLC - northwest corner of North Ten Mile Road and West Ustick Road: It \h'"ej --io 'f"'C-f'A-tC -A==CL +h- ~1"6~ \ Public Hearing: PP 04-004 Request for Preliminary Plat approval of 16 commercial building lots and 5 common lots on 34.6 acres in proposed I-L, L-O, and C-G zones for proposed McNelis Subdivision by Falcon Creek, LLC - northwest corner of North Ten Mile Road and West Ustick Road: Mk \0 prtftltc.- VP (!.t... Ver A-PPraroA P-ij~ic Hearing: PP 04-003 Request for Preliminary Plat approval of 2 building lots on 2.7 acres in an I-L zone for Cafarelli Subdivision No.2 by Sh~wn Fickes -1950 West Franklin Road: 'A;t\omtJJ {o n rtpCl'l(.. ~Lfa~\ '.---J r Ordinance No. 04 ~~6 : Parks and Recreation Commission Ordinance: nue lo .Jhnc \ I Z()(i\ Meridian City Council Agenda - May 25, 2004 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andfor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. June 11, 2004 MERIDIAN CITY COUNCIL MEETING June 15,2004 APPLICANT ITEM NO. <:::. .. ~ REQUEST Approve minutes of May 25, 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: n-trf1JvL! (}VI' r Contacted: Emaifed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 25, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Presented 3. Community Invocation by Ray Allen, Chaplain for American Legion: Presented 4. Proclamation for American Legion Poppy Day proclaimed SaturdaYf May 29,2004: Presented 5. Adoption of the Agenda: Approve as Amended 6. Consent Agenda: A. Approve Minutes of April 20, 2004 Pre-Council Meeting: Approve B. Approve Minutes of April 27f 2004 Pre-Council Meeting: Approve C. Approve Minutes of May 11 f 2004 City Council Regular Meeting: Approve D. Findings of Fact and Conclusions of Law for Approval: AZ 03- 022 Request for annexation and zoning of 5 acres from RT to C-G zones for Kissler {Dealv Parcen by BRS Architects - southeast corner of East Ustick Road and North Eagle Road: Approve E. Findings of Fact and Conclusions of Law for Approval: PFP 04- 001 Request for Preliminary Final Plat approval for 3 residential building lots and 1 common lot on .73 acre in an R-15 zone for Trov Place Subdivision by PPN, LLC -1236 East 2 Y2 Street: Approve F. Findings of Fact and Conclusions of Law for Approval: CUP 04- 003 Request for a Conditional Use Permit for a Planned Development Meridian City Council Agenda - May 25, 2004 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. to allow for a multi-family development consisting of 1 tri-plex and 2 four-plexes with reduced street frontage, setbacks and minimum lot width requirements in an R-15 zone for Trov Place Subdivision by PPN, LLC -1236 East 2 % Street: Approve G. Order Accepting Withdrawl of Application: RZ 04-001 Request for a Rezone of .353 acres from R-4 to Q-T zones for NIDAYS Addition by Merlyn and Brandon Schmeckpeper - 230 West Pine Avenue: Approve H. Safety ConsultinQ and Advisory Services - First Link Safety: Approve I. Resolution No. 04.434 CARE Statement: Approve City of Meridian's 7. Department Reports: A. Planning and Zoning Department 1. Discussion of Draft DA with Lamont Kouba and Robnett Construction, Inc.: Discussed 2. Discussion of waiver of Appeal fee for Steve Christianson: Deny Request 8. (Items Moved from Consent Agenda) 9. Continued Public Hearing from May 11, 2004: AZ 03-038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: Continue Public Hearing to June 8, 2004 Meeting 10. Continued Public Hearing from May 11, 2004: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C-G zone for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: Continue Public Hearing to June 8, 2004 Meeting 11. Continued Public Hearing from May 11, 2004: CUP 03-071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station I convenience store on one of the proposed lots and to allow the existing commercial and residential uses to remain and the- property for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Meridian City Council Agenda - May 25, 2004 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Victory Road and South Meridian Kuna Highway: Continue Public Hearing to June 8, 2004 Meeting 12. Continued Public Hearing from May 18J 2004: AZ 04-006 Request for Annexation and Zoning of 3.06 acres from RUT to L-Q zone for proposed Southstone Subdivision by Pinnacle Engineers, Inc. - northeast corner of South Eagle Road and East Girdner Lane: Continue Public Hearing to June 1, 2004 Meeting 13 Continued Public Hearing from May 18, 2004: PP 04-008 Request for Preliminary Plat approval of 8 commercial building lots on 3.06 acres in a proposed L-Q zone for proposed Southstone Subdivision by Pinnacle Engineers, Inc. - northeast corner of South Eagle Road and East Girdner Lane: Continue Public Hearing to June 1, 2004 Meeting 14. Public Hearing: AZ 04-003 Request for Annexation and Zoning of 16.73 acres from RUT to R-8 zones for proposed Javdan Village Subdivision by Packard Estates, LLC - 5325 West Ustick Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: PP 04-002 Request for Preliminary Plat approval of 75 residential building lots and 8 common lots on 16.73 acres in a proposed R-8 zone for proposed Javdan Village Subdivision by Packard Estates, LLC - 5325 West Ustick Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: CUP 04-004 Request for a Conditional Use Permit for a Planned Development with request for reduction to the minimum requirements for lot size, street frontage, and front yard setbacks for side entry garages for proposed Javdan Village Subdivision by Packard Estates, LLC - 5325 West Ustick Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 17. Public Hearing: AZ 04-004 Request for annexation and zoning of 34.6 acres from RUT to I-L, L-O, and C-G zones for proposed McNelis Subdivision by Falcon Creek, LLC - northwest corner of North Ten Mile Road and West Ustick Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 18. Public Hearing: PP 04-004 Request for Preliminary Plat approval of 16 commercial building lots and 5 common lots on 34.6 acres in proposed I-L, L-O, and C-G zones for proposed McNelis Subdivision by Falcon Creek, LLC - northwest corner of North Ten Mile Road and West Ustick Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - May 25, 2004 Page 3 of 4 AU materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 19. Public Hearing: PP 04-003 Request for Preliminary Plat approval of 2 building lots on 2.7 acres in an I-L zone for Cafarelli Subdivision No.2 by Shawn Fickes - 1950 West Franklin Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 20. Ordinance No. 04-1080 Parks and Recreation Commission Ordinance: Continue to June 1, 2004 Meeting Meridian City Council Agenda - May 25, 2004 Page 4 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. Meridian City Council Meetinq May 25, 2004. The regular meeting of the Meridian City Council was called to order at 7:15 P.M., Tuesday, May 25, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlie Rountree and Shaun Wardle. Staff Present: Bill Nichols, Tara Green, Brad Hawkins-Clark, Brad Watson, Bill Musser, Gary Smith, Kenny Bowers, Doug Strong, and Dean Willis, Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Bill Nary X Keith Bird Mayor Tammy de Weerd De Weerd: Okay, I will go ahead and call the City Council regular meeting of May 25th to order. It is 7:15. We will begin with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item NO.2 is our pledge of allegiance and tonight we have Commander Vallerie with the American Legion Post 113. What more appropriate can we -- how more appropriate than election day to have the post -- or the color guard leading us in our pledge and posting the flags. So, Commander Vallerie, if you will, please, join us, (Pledge of Allegiance recited.) Item 3: Community Invocation by Ray AllenJ Chaplain for American Legion: Allen: Dear Lord, as we gather here tonight for the Mayor's proclamation of Poppy Day, let us not forget the sacrifices made by our military fighting in the defense of freedom worldwide. Lord, as our organization, the American Legion and the American Legion Auxiliary goes back over half a century and is composed of veterans for four great wars, plus the Gulf War and soon veterans will be added to our roles from Afghanistan and Iraq, Lord, will you are direct us as members of this great organization to do our part to honor our fallen comrades, to promote Americanism, to promote Veterans programs for our veterans and to promote programs for the youth of the community of nations. Lord, truly the poppy is a fitting symbol for the servicemen. Its birthplace was Flanders, Belgium, in World War I. The poppy seeds in the soil, the fiercer the fighting the more the poppies grew. Lord, we ask you blessing on our members of this nation and grant them the American Legion and the American Legion Auxiliary may always do your will, in thy name we pray, Amen, Meridian City Council May 25, 2004 Page 2 of 59 Item 4: Proclamation for American Legion Poppy Day proclaimed Saturday, May 29, 2004: De Weerd: I will read the proclamation for the American Legion. It's Poppy Day on Saturday, May 29th, and I can't tell you how much this means. We had the ESGR at our meeting last a week and this week. What a great way to celebrate before Memorial Day. So, J will read this proclamation. Whereas the members of the American Legion Auxiliary are asking everyone to wear a poppy in observance of Memorial Day and whereas in the battlefields of Belgium during World War I poppies grew wild amid the ravages of war, the overturned soils of battle enabled the poppy seeds to be covered, allowing them to grow and forever serve as a reminder of the bloodshed of war and whereas the poppy honors the hospitalized and disabled veterans who make these red handcrafted flowers, providing financial and therapeutic benefits and whereas the displaying of the poppy honors the millions of Americans who have willingly served and are currently serving our nation, as well as all too many would have made the ultimate sacrifice, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Saturday, May 29th, 2004, as American Legion Poppy Day in recognition of the sacrifices of our veterans and those serving our country today by honoring these brave men and women, dated this 25th day of May, 2004. I present it to Kay Vallerie. Thank you. Thanks to the American Legion for joining us tonight. Item 5: Adoption of the Agenda: De Weerd: Okay. Item NO.5 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird, Bird: I would -- we have got a couple of requests here to -- to take Items 9, 10, and 11 and move them to June 8th, 2004, and I do need a number on the resolution in the Consent Agenda. It's 04 -- De Weerd: 434. Bird: -- 434. And with that I would move that we accept the revised agenda. Hawkins-Clark: Madam Mayor? De Weerd: Yes, Mr. Hawkins-Clark. Hawkins-Clark: I'm sorry, staff didn't get a chance to raise this, but on Item No. 12 and 13, staff would also prefer to have a little more time. There was an item -- an issue that came up on that last week, which neither myself, nor Mr. McKinnon from Pinnacle were here at last week's meeting, so we'd prefer to have it deferred, if all possible, for a week Meridian City Council May 25, 2004 Page 3 of 59 to review the minutes. I have talked with him and he's in agreement with that, if the Council so agrees. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would change my motion, then, to include Items 12 and 13 to be moved to June 1 st, 2004. Rountree: Second, De Weerd: Okay. It's been moved and seconded to approve the agenda as amended. Any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRI ED: ALL AYES. Item 6: Consent Agenda: A. Approve Minutes of April 20, 2004 Pre-Council Meeting: B. Approve Minutes of April 27, 2004 Pre-Council Meeting: C. Approve Minutes of May 11, 2004 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 03- 022 Request for annexation and zoning of 5 acres from RT to C-G zones for Kissler (Dealv Parcel) by BRS Architects - southeast corner of East Ustick Road and North Eagle Road: E. Findings of Fact and Conclusions of Law for Approval: PFP 04- 001 Request for Preliminary Final Plat approval for 3 residential building lots and 1 common lot on .73 acre in an R-15 zone for Trov Place Subdivision by PPN, LLC - 1236 East 2 % Street: F. Findings of Fact and Conclusions of Law for Approval: CUP 04- 003 Request for a Conditional Use Permit for a Planned Development to allow for a multi-family development consisting of 1 tri-plex and 2 four-plexes with reduced street frontage, setbacks and minimum lot width requirements in an R-15 zone for Trov Place Subdivision by PPN, LLC - 1236 East 2 % Street: G. Order Accepting Withdrawl of Application: RZ 04-001 Request for a Rezone of .353 acres from R-4 to 0- T zones for NIDA YS Addition by Merlyn and Brandon Schmeckpeper - 230 West Pine Avenue: Meridian City Council May 25, 2004 Page 4 of 59 H. Safety Consultinq and Advisory Services - First Link Safety: I. Resolution No. CARE Statement: : City of Meridian's De Weerd: Okay, The Consent Agenda. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: J move that we approve the Consent Agenda, which includes Resolution 04-434, the CARE statement for Meridian, and for the Mayor to sign and the clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda, noting the resolution number. Mrs, Deputy City Clerk, would you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Planning and Zoning Department 1. Discussion of Draft DA with Lamont Kouba and Robnett Construction, Inc.: De Weerd: Okay. Item 7 is Department Reports. Item A from the Planning Zoning and Department. We will begin with item one. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. You should have received in your packet a brief summary on a development agreement that has been kind of out there pending adoption for -- for several years now. This came through the city as a Conditional Use Permit a couple of years ago under the project name Bobby's Transmission and at that time -- this is property on the south side of Fairview, just immediately south of Ultra Touch Car Wash. There is a little over two acres that's vacant back there. When that application came through a couple of years ago, it was discovered that a development agreement was required of the city in '97. Mr. LaMont Kouba, who was the property owner and remains the property owner today, that was never entered into, never executed. In order for any development to occur on that two- acre piece back there, the annexation, essentially, requires that a development Meridian City Council May 25, 2004 Page 5 of 59 agreement be entered into. So, the reason Mr. Nichols and I had discussed putting this on the agenda tonight was, essentially, to make the Council aware that we were proposing this to be put on your Consent Agenda next week, just for adoption, as other standard development agreements are, but because you hadn't seen it as part of an annexation or a rezone recently, we just wanted to make you aware that -- the background of why it was on your -- or why it will be, hopefully, on your Consent Agenda and the reason that it's come before us right now is Robnett Construction is in the process of purchasing that property and would like to get a building permit going. They are also pending a preliminary plat approval or application with Planning and Zoning right now, which you would see that in several weeks. The main issue, really, in the development agreement -- a lot of standard language, but it relates to parking stalls that Ultra Touch Car Wash was required to provide that are, actually, now on this parcel that is not owned by Ultra Touch Car Wash and the agreement, basically, requires that this -- that this property to the south provide cross-access and cross-parking for 11 stalls in order to help Ultra Touch Car Wash meet their Conditional Use Permit requirement for off-street parking. The previous applicant was unable to come to an agreement with Ultra Touch on that. My understanding is that Robnett is able to accommodate that and they want proceed. So, I think that's kind of the summary to it. I guess if the Council's in support of this, we would proceed to put it on the Consent Agenda in the upcoming meetings. De Weerd: Council, do you have any questions? Okay. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: So, if I'm just -- so I'm clear, Brad, what you're saying is the requirement was to have a development agreement, there was some requirement for cross-access dealing with Ultra Touch -- we have got something like that is what they want to bring forward, we just have a different property owner than what it was originally required of and that Bobby's Transmission is no longer -- obviously, moved somewhere else, because they are now on Meridian Road -- Hawkins-Clark: Right. Nary: -- with a different property owner, but we are still accomplishing what was originally intended, just with different players? Hawkins-Clark: Correct. Actually, Councilman Nary, the players are -- in terms of Mr. Kouba, is the same. Nary: Okay. Hawkins-Clark: But the developer is different. Meridian City Council May 25, 2004 Page 6 of 59 Nary: Okay, I don't have any objection to go ahead and bringing that forward. Rountree: Go ahead and finalize it. Hawkins-Clark: Great. Thank you, De Weerd: Okay, Anything further on this item? 2. Discussion of waiver of Appeal fee for Steve Christianson: De Weerd: Okay. Brad, I believe the next item is also yours, Hawkins-Clark: Right. I guess I can give just a brief overview of what I understand. I have to plead a little bit of ignorance on this one, The Planning Director Mrs. Powell is out, so I'm kind of pinch-hitting here tonight, but, essentially, as I understand it, I believe the -- Mr. Christianson is here tonight and would like to speak to this matter. De Weerd: He was -- Hawking-Clark: In Bridgetower Crossing -- I'm sorry. De Weerd: I'm sorry. Hawkins-Clark: In Bridgetower Crossing there was a fence waiver application that was submitted to the city to receive a waiver to the 20 foot setback for a six foot fence along a public street that was submitted by Christine Klose and that fence waiver was -- there was an opposition letter submitted by a couple of neighbors, in particular, Steve Christianson, who opposed the variance, saying that the 20 foot should be maintained, The way that the code is written, fence waivers now, if there is opposition, there is a hearing that is held, but it's only held -- it's by the planning and zoning administrator and a representative from the police department and one other person, I believe. That hearing was scheduled. Mr. Christianson was unable to attend. The hearing proceeded, the waiver was granted. At this point Mr. Christianson would like to appeal the decision of that committee, of the fence waiver committee, that granted the appeal. So, the item for you tonight, as I understand it -- and, Madam Mayor, if you have had discussions, maybe you could fill me in on this, but it's not to discuss the appeal itself, it's to discuss a fee that Mr. Christianson was told by our department was -- there was some confusion about whether or not he would be charged a fee to appeal this decision. He did pay a 150-dollar fee for an appeal to our department and is seeking the Council's permission to basically have the fee waived in order to appeal it. So, I think I'll stop right there in case I have got a few facts wrong, because I was just updated today on that, but that's basically my understanding De Weerd: No, Brad, I think you did a good job and I'm sure Mr. Christianson can fill in any holes, but he did submit his appeal letter within the appeal time frame and he was Meridian City Council May 25, 2004 Page 7 of 59 told he needed to pay an appeal fee, which he didn't understand at the time the hearing was made for the fence variance. He had submitted a letter and he felt if he knew that there was a fee, he would have asked that that meeting be delayed, rather than just submit a letter. So, is Mr. Christianson here? Okay. Please join us. Christianson: I'm Steve Christianson. I live in the Bridgetower Subdivision. Thanks for taking the time to listen to me. I know I have spoken to you Mayor Weerd and -- de Weerd. I'm sorry. And-- De Weerd: I'm weird. Nary: She gets that all the time. Christianson: You guys aren't recording this on TV anywhere? De Weerd: It is on public record -- Bird: It's on public record. De Weerd: -- what you just called me, so -- Nary: Watch the 10:00 o'clock news. Christianson: Let's just strike that reference from the -- strike that from the record here. The reason for my request of the appeal fee waiver -- or the appeal fee -- he explained it very well, that we were notified of this Public Hearing on the 22nd, I received a letter in the mail on the 22nd of April, and [ actually called down to the Planning and Zoning Commission on the 23rd and spoke to Sonya Allen and she said that, you know, I'd have to speak to Anna Powell about getting the Public Hearing date changed. She first told me that it could not be changed, because I was out -- I was going to be out of the country and also my neighbor Kent Scott was also going to be out of town that day, so it wasn't plans that we could really change on -- especially when we only had about eight days notice that the hearing was going to be held on April 30th. So, I called Anna and asked her if it could be changed. She, actually, called me back, left me a voice mail saying it could not be changed, the dates could not be changed, and that if we wanted to appeal the decision, then, we could appear in person during the appeal time -- or appeal hearing and make our case at that time and at no time on that message she would never say that we had to pay a 150 dollar fee and if I would have known that, I would have asked -- I would have gone up the ladder a little bit more to have that date changed. I, actually, even spoke to Tara Green today and she said she never received a request about any date being changed. So, it made me believe that the date could have been changed. I feel that the Public Hearing was held and folks who submitted the application for this fence waiver were present and there is a number of people who are opposing it. Actually, even got a letter of -- a petition letter signed by the close attending neighborhoods in the neighborhood that opposes the fence waiver as well. I just feel that we didn't get our -- excuse the phrase, but we didn't get our time in court to Meridian City Council May 25, 2004 Page 8 of 59 present our case in front of anybody and, you know, they heard one side and didn't hear the other side and I think you all know, as well as I do, that spoken word is a lot better than written word, it has a little bit more -- a little bit more -- you know, holds a little bit more than just writing a letter and submitting it. So, for that reason I would request that the 150 dollar fee that I paid would be waived in this case, just because we -- if I would have known that this fee would have been paid, I would have pushed a little bit more to get the Public Hearing date changed, De Weerd: Council, any comments? Questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: So, I guess I'm still not clear. Did you pay a fee? Christianson: Uh-huh. Nary: And you paid a fee to have the hearing? Bird: No. Christianson: No. I paid the fee -- I had to pay the fee in order to bring this before you today. Nary: Okay. Christianson: And it -- Nary: You want your 150 dollars back. Christianson: Yeah. Yeah. De Weerd: And to appeal. Christianson: And to appeal. Because we never got to make our case in the first place. No one was able to be present that day. We were only given eight days notice when the Public Hearing was going to be held. I couldn't -- I was out of the country. I couldn't change it, it was for work, and he had a weeklong trip planned. Nary: Did I understand from Mr. Hawkins-Clark, though, that you submitted written information as to what our opposition was? Christianson: Yes, we did. Meridian City Council May 25, 2004 Page 9 of 59 Nary: Okay. J know we are not here about the appeal itself, but was there some order or something issued to you? Did they give you something in writing explaining why they decided whatever they decided? Christianson: Yeah. Well, they didn't -- J had to request it. Nary: Okay, But they did prepare something in writing explaining why they decided whatever they decided? Christianson: Yeah, but there was nothing on there about the appeal process or anything like that. Nary: I understand. But in that information doesn't it say they considered the information you did provide? Christianson: Yeah. They considered it -- I mean I have talked to -- my brother's a city manager down in Bakersfield, he's involved with City Council meetings all the time, and he has talked to other people and they said, you know, if you're there in person to argue your case, it's a lot better than not being present. It makes a big difference. And I believe that firmly. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Christianson, you have got a petition here by ten people, Christianson: Uh-huh. Bird: Now, all ten of them were out of the country or on vacation or something when this Public Hearing was -- Christianson: No, Me and Kent Scott were. And I don't know what everyone else's -- Bird: Why couldn't they have come and testified? Christianson: I think because me and Kent are the two most affected by this, because we live nearest to the property, Bird: Okay. Christianson: Yeah, Bird: Understand. Meridian City Council May 25, 2004 Page 10 of 59 De Weerd: So, the issue in front of you today is to -- is a waiver of the appeal fee, so they can decide what they would like to do. Christianson: Yes. De Weerd: And I don't have the authority to waive fees, so that's why it's in front of you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Maybe Brad can brief us on the ordinance, the notification period established in the ordinance, and when and where and why fees are to be assessed. Hawkins-Clark: Councilman, I'm sorry, was the question why the fees are assessed? Rountree: No. When and why are fees assessed as the language of the ordinance states and what kind of notification period does the notice provide. Hawkins-Clark: Well, on the first matter, you know, the fee would be assessed for an appeal, essentially, for the processing -- staff time to process the appeal to provide the research to the Council, write up a report, and to pay for the -- you know, essentially, to pay for that processing time. The time period on a fence waiver is different than other public hearings and the notice is sent to all property owners within 200 feet of the property and the recipients have 15 days to respond in writing and if an opposition letter is received, then, a hearing is set. [f an opposition letter is not received, then, it's the decision of the planning and zoning administrator to either approve, deny, or approve with conditions. Does that get to your question? Rountree: Well, it just creates a couple more questions. There, obviously, was a letter of opposition sent. Did that trigger the eight-day notification period? [s there a period of time after a hearing is triggered that has to transpire before the hearing is held? Hawkins-Clark: Yes, there is. Rountree: Okay, Hawkins-Clark: Let's see. That is in Section 12-4-10. If the administrator receives objections, they schedule a hearing no later than seven days. When a hearing is scheduled, notice of the hearing shall be mailed to the applicant and any person who has filed objection no later than seven days prior to the hearing. Christianson: If I may add, if that's the case, I -- we made -- I mailed our appeal letter on April 1 st. We didn't receive notice until the 22nd. I have my letter that I sent to them, the original letter, and [ also have the date of the appeal letter. The appeal letter was the on -- [ mean of the notice of Public Hearing. The date showed April 20th and we Meridian City Council May 25. 2004 Page 11 of 59 received it in the mail on the 22nd. So, unless I'm misunderstanding, it wasn't within the seven days as well. Rountree: I think the understanding -- Madam Mayor? The understanding is that you receive notice and had it a minimum of seven days. Christianson: Oh, a minimum, Okay. I'm sorry. I misunderstood there. Rountree: So-- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Brad, I know -- and I know this is putting you on the spot, so it's good for you to fill in tonight. It appears to me from what you have read that the city did comply with the time limits in the ordinance; is that correct? At least from what you have read. I know -- I know you haven't had a lot of time to look at it, but it appears from the timing of these things, the hearing was set eight days out from when this notice was received, it was, actually, ten days from when the letter was sent. It requires to set it at least seven days beyond and the Jaw only requires five. Hawkins-Clark: Right. Nary: For court notices, anyway. So, is there -- is there a method in there to request an extension or whether or not that's a discretionary decision on the part of the administrator or does it even speak to it at all. Hawkins-Clark: I do not believe the fence waiver chapter of Title 12 addresses that. Nary: Okay. I guess for me, Mr. Christianson, you know, if the process was followed and what you told me was that the information you received was that -- the information you provided was considered, then, at least for me I don't have -- I don't have any reason to agree to waive the fee. Christianson: Okay. Nary: If it's a process you don't agree with and you don't agree with the outcome, the process is an appeal. Christianson: Sure, Nary: But to waive the fee for the appeal when we have followed all the process that the code requires, because you couldn't personally be there, isn't good enough, Meridian City Council May 25, 2004 Page 12 of 59 Christianson: Okay. If I may add, if it's all right, I spoke with Anna Powell and Sonya Allen from the Planning and Zoning Commission several times and I wanted to know about the appeal process -- or the process of the public hearing and everything and they said I'd receive a notice in the mail and that's when I received this notice on the 22nd. I understand that the fire chief and the Planning and Zoning Commission and the applicant for the fence waiver, their schedules were all checked and none of the opposition -- the opponents to this matter, their schedule was not checked. I just thought it would have been fair to have everybody's schedule checked, because I had a Powerpoint presentation ready to present at this Public Hearing, there was a lot of people who were planning to attend that were on this petition. This petition, unfortunately, wasn't able to be submitted, because I was told I could bring people with me to the Public Hearing. Now, when I found out that the Public Hearing was made on April 30th, I immediately called the next day and I asked and the way it came across to me that there was no chance of it being changed and] thought it should be a little bit more fairer process to have -- you know, try to find a -- you know, a compromise to have both me and Mr. Scott attend the hearing, because not only, number one, this is a safety issue that we are dealing with on the -- a corner lot, it also deals with, you know -- you know, being able to be, you know, in a fair situation to be able to present our case and I thought that was taken away from us by not allowing the date to be changed. So, that's why I'm a little bit insistent about this. If I would have known -- from the very beginning she never mentioned to me -- she even put in her e-mail that she put to me, which I have a copy of it here, she said I'm sorry about the confusion and misunderstanding we had, because they failed to mention to me about -- they mentioned to me everything about the appeal process, except for the 150 dollars. That's why I said, okay, I'm not going to worry about getting the Public Hearing date changed. I mean I said, okay, I can make my case on an appeal. But I wasn't given the opportunity to do it when the other people were given the opportunity. All I'm asking for is a fair opportunity to present my case without paying a fee, because the people who submitted the application for the fence waiver got that right and I didn't. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess, Mr. Christianson, I'm certainly not trying to say that -- at least for me to make any judgment as to whether or not the process was appropriate or whether or not you had a full and fair hearing or all of those things. The issue -- all that we have is whether or not we should waive the fee. At this juncture, you haven't given at least me enough to waive the fee. The purpose of the fee is to get the staff work done for us to able to -- assist us in making a decision. That has to be done regardless of what your position is. At the end of the day, ] guess, for me, in disposition, unless someone tells us differently, I don't know that we can't return your fee as part of the disposition -- Christianson: That was my other question. Meridian City Council May 25, 2004 Page 13 of 59 Nary: -- if that's what we choose to do. But at this juncture, the staff work and the time that goes into it to prepare this appeal still has to get done and the fact that a lot of what you're talking about to me is your unhappiness with our process and it how works and how it impacted your presentation and your opportunity for a full hearing, that is something, as part this appeal, that we would likely consider, but at least for me today, you haven't at least convinced me that we would waive the cost of what the appeal is. Christianson: I'm sorry I haven't persuaded you enough, but I just think out of a matter of courtesy that it at least could have been considered and it was never considered, the date change. I requested that and it wasn't even considered at all. I think if the applicant had a chance to request -- you know, let me give you a scenario. If we appeal this and win it, they can also appeal it, the applicant. So, they are going to have to pay the fee; right? Is that the case? That's from my conversation with the Planning and Zone Commission. They would have the right to appeal. Nary: Well, I guess maybe Mr. Nichols might have to answer that for us, but they would -- I mean they could appeal to the court, but they are not going to appeal to anybody else. We would make the final decision. Christianson: No, that's not the case - Nary: Unless I'm -- De Weerd: Mr. Nichols. Nichols: Madam Mayor, Members of the Council, this is an appeal that goes to the planning commission and if -- whatever the decision is at the planning commission can, then, be appealed to you. Nary: You didn't say that. Christianson: Sorry, I -- Nary: Not you. Christianson: Oh. Okay. Nichols: So -- because this isn't a -- this appeal that Mr. Christianson has filed is an appeal of the action of the administrator. So, therefore, it goes to the Commission and that decision, then, can be appealed to you. So, there could be another level of appeal yet again. And whoever would appeal that would also have to pay the fee. And I believe that part of the reason for the fee is associated with the mailings and so forth that go out and the staff time and so forth that goes into these, but that's the process that] see in 11-1-11. De Weerd: Is there any further questions, Council? Meridian City Council May 25, 2004 Page 14 of 59 Rountree: I have no more questions. Bird: I have none. De Weerd: Anything further you would like to -- Christianson: Yeah. Just one thing. If the Council decided not to approve the waiver for this application, if I do successfully appeal, is my application fee refunded for the -- for the appeal? De Weerd: No, sir. That's the fee you pay to get it on the agenda and to get the public noticing done. Christianson: For that reason -- that's just the main reason I'm trying to fight this. You know, if I just had my chance to have them hear us and hear me and the, you know, ten other people in the community, I -- you know, they got a chance to make the application fee free and that's the only reason I'm asking for the same. Rountree: No, they didn't. Christianson: Oh, they didn't? De Weerd: There is a fee. Christianson: Okay. My misunderstanding there. But I wanted to just have the right to be able to pose it and give my case without having to appeal it and do it in person. That's the only thing I'm trying to request here. Nichols: Madam Mayor? De Weerd: Mr. Nichols. Nichols: Madam Mayor, Members of the Council, Mr. Christianson, one of the unfortunate things is I think you're the first appeal of a fence waiver decision and so when we -- at least in the last four years you're the first one I have seen. Rountree: There were some previous to that. Nichols: So, it's been awhile since any have been done and so the changes that were made in the fence waiver ordinance a year or so ago were sort of made in -- you know, it's kind of like the academic exercise, and so, certainly, the Council would consider your issues in terms of whether any adjustments need to be made to the appeal ordinance and those kinds of things in the future. Christianson: Okay. I appreciate that. Thank you. Meridian City Council May 25, 2004 Page 15 of 59 De Weerd: Thank you. Rountree: Do we need an action? De Weerd: I believe we need an action, Council. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I think we only need an action if we wanted to approve the waiver. If we don't want to approve the waiver, then, I don't know that we need an action. De Weerd: I guess that's an action in and of itself. Rountree: I concur we don't need an action. De Weerd: Okay. I guess the lack of action is your answer. Nary: I mean unless Mr. Nichols thinks we need, for the record, an actual motion to deny his request. Nichols: Madam Mayor, Members of the Council, I hate to sound like a bureaucrat, but I don1t think there was an application for a fee waiver and I don't think you have such an animal, but just to make the record clear, to vote up or down, you also might consider whether in your motion refund of the fee if the appeal is granted by the planning commission, whether that's anything you want to consider or not. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess based on that, I would move to deny the request to waive the appeal fee by Mr. Steve Christianson in regards to this appeal matter that's before the Planning and Zoning Commission. Rountree: Second. De Weerd: Okay. It's been moved and seconded. Is there any further discussion? All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council May 25, 2004 Page 16 of 59 De Weerd: So, I imagine that the appeal process will move forward. You can contact the Planning and Zoning Department or -- and they will let you know. Okay. Or they will contact you. Thank you. Item 8: Item 9: Item 10: Item 11: (Items Moved from Consent Agenda) Continued Public Hearing from May 11, 2004: AZ 03~038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: Continued Public Hearing from May 11, 2004: PFP 03~007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C-G zone for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - Northeast corner of East Victory Road and South Meridian Kuna Highway: Continued Public Hearing from May 11, 2004: CUP 03~071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station / convenience store on one of the proposed lots and to allow the existing commercial and residential uses to remain and the property for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - Northeast corner of East Victory Road and South Meridian Kuna Highway: De Weerd: Okay. Items 9, 10 and 11 have been asked to be tabled to June 8th. They are continued public hearings. So, those public hearings are still open, but I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we continue Items 9, 10, and 11, Mussell Corner Subdivision be continued to June 8th, 2004. Rountree: Second. De Weerd: Thank you. It's been moved and seconded to continue Items 9,10, and 11 to June 8, 2004. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from May 18, 2004: AZ 04~006 Request for Annexation and Zoning of 3.06 acres from RUT to L-O zone for proposed Meridian City Council May 25. 2004 Page 17 of 59 Item 13: ,. ( Southstone Subdivision by Pinnacle Engineers, Inc. - Northeast corner of South Eagle Road and East Girdner Lane: Continued Public Hearing from May 18, 2004: PP 04-008 Request for Preliminary Plat approval of 8 commercial building lots on 3.06 acres in a proposed L-O zone for proposed Southstone Subdivision by Pinnacle Engineers, Inc. - Northeast corner of South Eagle Road and East Girdner Lane: De Weerd: Items 12 and 13 have also been asked to continue until June 1 st, 2004. Rountree: Madam Mayor? De Weerd; Mr. Rountree. Rountree: I move we continue Items 12 and 13, public hearings for Southstone Subdivision until June 1 st, 2004. Bird: Second. De Weerd: Okay. It's been moved and seconded to continue Items 12 and 13 to June 1 st, 2004. All those in favor way aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 14: Item 15: Item 16: Public Hearing: AZ 04-003 Request for Annexation and Zoning of 16.73 acres from RUT to R-8 zones for proposed Jaydan VillaQe Subdivision by Packard Estates, LLC - 5325 West Ustick Road: Public Hearing: PP 04-002 Request for Preliminary Plat approval of 75 residential building lots and 8 common Jots on 16.73 acres in a proposed R-8 zone for proposed Jaydan VillaQe Subdivision by Packard Estates, LLC - 5325 West Ustick Road: Public Hearing: CUP 04-004 Request for a Conditional Use Permit for a Planned Development with request for reduction to the minimum requirements for lot size, street frontage, and front yard setbacks for side entry garages for proposed Jaydan VillaQe Subdivision by Packard Estates, LLC - 5325 West Ustick Road: De Weerd: Okay. Items 14, 15 and 16 are all regarding the same project. If there is no opposition, I will go ahead and open all three items for Public Hearing, AZ 04-003, PP 04-002, and CUP 04-004. I will open the Public Hearing with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the CounciL The annexation request before you is property approximately 17 acres located here on the south side of r \. Meridian City Council May 25, 2004 Page 18 of 59 West Ustick Road. The property has Autumn Faire Subdivision to the east here. As you can see, the rest of the area -- this is on the extreme western edge of the Meridian city limits. The request is to annex just this portion that is shown outlined here. The applicant, is my understanding, does not -- does not own the balance of the property, so they are requesting an annexation and a zoning to R-8. The Planning and Zoning Commission did recommend approval of that. The aerial shows you there is an existing farm house and a barn that is, actually, on the Ada County survey for historic structures that is also on the property. The plat that they are proposing is shown here. The access is a single point off of Ustick Road, generally right in the middle of their parcel here. They, essentially, have a loop road system. There is a stub street that they are utilizing out of Autumn Faire that is being proposed to be extended. This is the revised plat that's shown here and it does show you that they -- a modification that was done after the Planning and Zoning Commission hearing. The sewer -- sanitary sewer for the project originally looped down to the south end and to the north and they were potentially going to need to provide quite a bit of fill to get the north end of this site to sewer correctly. So, the alternative route that they choose was to add a common lot right here in the middle of this block that will run an eight inch sewer main through that and, apparently, according to the engineers that's going to work. I think it's also nice it does break up this block a little bit. The main question that was remaining on the Planning and Zoning Commission hearing was how they will address their Ustick Road future right of way. Steve Siddoway's cover memo, I think, touched on that and Mr. Brown, Kent Brown, has stated that they are intending to show future right of way, place that in a common lot that will be held by the homeowners association until such time as Ada County Highway District -- they need to acquire that right of way. They would construct a sidewalk on the back edge of that future right of way, so that's how they are proposing to address that. Let's see. They have also a Conditional Use Permit. One of the amenities, as this slide shows, their common area is here on the north end, they are proposing both a swimming pool and a cabana as amenities to the project. The planned development -- let's see. The reason for the planned development is minimum lot frontage 52 feet, which, normally, is 65 and a minimum lot size of 5,460 feet, which normally is 6,500. Those are the two exceptions that they were seeking under the planned development and, then, the amenities I mentioned. So, here is a couple of elevations of the houses that they are proposing to construct in the project. There are a couple of lots -- several lots, I believe, that have also reduced front setback that would have side loaded garages, which is reflected on this here -- this slide. And, then, the barn that's on the property is shown here. My understanding is that they did have a structural engineer come out and take a look at that barn. It is a nice barn. If you have seen Ada County's poster of all the historic barns in Ada County, that one is, actually, on that poster. Unfortunately, the structural engineer determined that they would probably have to spend more money than is my understanding that would really be worth to keep that safe for public occupancy. But maybe Mr. Brown can give us more detail on that. That's it. De Weerd: Okay. Any questions for staff at this time? Okay. This is the public hearing portion of our public -- or our meeting tonight. Any of those people who are wanting to provide testimony, I would like to swear you all in in one big event. So, Ms. Bowcutt -- if Meridian City Council May 25, 2004 Page 19 of 59 you will, please, raise your right hand. All who would like to provide testimony. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so, answer I will. (Affirmative answers.) De Weerd: Thank you. If the applicant would like to step forward. And since I saw you go through this exercise, if you would just state your name and address. Brown: Kent Brown, business address 1800 West Overland in Boise, Idaho. We have gone through many changes on this site over the period of time. I know that our firm has been working on it close to a year. Some of the changes have to do with directly to the west of us is one of your neighborhood centers and so we are supposed to transition to the density that you would require around one of those neighborhood centers. We looked at optioning the ground to the west of us and felt that we could maybe do that, but this is as far as we can extend the sewer and so the sewer capability with it coming out of the ground just makes it so that this is, basically, all that we can do at this time and so that's been a concern all along. This is a project that I just recently received, but I'm very familiar with it and what we are trying to accomplish. We did have a structural engineer look at the barn. My clients really did want to make that some kind of amenity for the homeowners association, but when we started looking at how it's built and making it safe, basically, you'd almost have to lock it up, so that you couldn't ever go inside of it. We tried to do something like some of the other developments. There is one over in Eagle where they made a barn and use that as a common area, kind of a center, and the difficulty is just you basically almost had to take it completely apart to make it so that it was safe and, then, lock and make it impossible for anybody to go into the second level of the barn. So, it just kind of priced it out and my clients really wanted to make that work, because they really did like the barn. The existing house will stay on the site. But they did come up with an alternative and that was with the pool and cabana, so they have a pool and -- De Weerd: Mr. Brown, if you could put that so everyone can see that. Council, you can see that? Brown: And that is located there in the north portion. We felt that that was a reasonable amenity and Planning and Zoning Commission did, too. We are in agreement with all the conditions both of the annexation, conditional use, and the preliminary plat. That the Planning and Zoning Commission recommended. And I'd stand for any questions. De Weerd: Council, any questions? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council May 25, 2004 Page 20 of 59 Wardle: Just so I can understand, what's the definition of a cabana? Brown: A cabana is like an awning or shelter that provides -- like a restroom for the swimming pool, like a little changing room, kind of typical of what we are seeing in a lot of the developments that we are doing that are putting these pools in. De Weerd: No, not a restroom like we think of it, like a bathroom. Brown: Right. De Weerd: But just a place where you can go rest. Brown: A changing room or -- sounds like an old Mork and Mindy thing. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: This is for my education and I don't know if it's Mr. Brown or Mr. Hawkins-Clark that can answer this question, but we have an application for a rezone to R-8 and, then, we have a preliminary plat for an R-8 and, then, we have a Conditional Use Permit for a planned unit development or planned development and it seems to me with the rezone to R-8 you get the smaller lots and, then, you want more and, then, you ask for the planned development, so you can get all the variances that mayor may not come with the planned development. My question is probably more for Brad than you, Mr. Brown, isn't that a way to get the best of all worlds for the developer and not necessarily for the community? Brown: I would be happy to speak to that one, but-- De Weerd: Well, we'll have Brad -- Rountree: I'll ask Brad and, then, you can speak to it as well. Hawkins-Clark: Councilman Rountree, Members of the Council, the intent that the ordinance was written for was to provide for more creativity, more flexibility, more opportunities for developers to take a piece of land and do some more unique design, creative things with that piece of property. I mean that's really what it's for. The idea behind the amenities is one that's subjective and that this Council and the Commission have struggled with off and on for a long time. I guess the theory is that if they get to reduce those R-8 standards by a little bit, they provide some amenities that are generally equivalent to the breaks that they get and we find as staff that sometimes the amenities they propose are not in concert with the breaks that they get and sometimes they are and they would only be required to provide five percent open space with nothing else, if they did a straight R-8 subdivision. That they would not be required to do the swimming pool or the cabana and they could reduce the amount of open space Meridian City Council May 25, 2004 Page 21 of 59 that you see there by a little bit. So, I think that's one of the advantages to it. Certainly, I agree, if I hear the leaning of your question, that it can be a tool that is abused. I don't think that's the case here. Rountree: Go ahead. De Weerd: Mr. Brown. Brown: Madam Mayor, Councilman Rountree -- and I can agree that it can be abused, but there are great advantages in a planned unit development that provides for some creativity that sometimes the zoning doesn't allow. We are asking for ten-foot front yard setbacks, when we are not having the garages or the front of the garage face that direction. By allowing more flexibility, you come up with a different housing product. Being able to have the garages in the rear and some of those other things provides for a more non-typical housing development that provides some uniqueness and some character to it. To do a planned unit development or a PUD, you double what a standard subdivision has for open space, and providing amenities on top of that. And so that's why some of those allowances lot-wise accommodate some of that, to help pay for the construction of those amenities and that's what makes developers want to do that. Rountree: Thank you. De Weerd: How could you not believe someone with an, I voted sticker on his shirt, too? Rountree: I didn't ask him who he voted for. De Weerd: I'm glad you exercised your American right. Rountree: About the only time I can do something with political officials that gives me any power or authority. De Weerd: Thank you for your additional comments. Any further questions for Mr. Brown? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mr. Brown, just, again, so I'm clear, how much -- how much more open space is there or how much -- I saw it here at one point, it says 5.9 and at another point it says 7.65. So, tell me the amenities. Here is the pool, the cabana, and more open space and how much more open space was it? Brown: Now, Brad can correct me, but aren't you required with a PUD to have ten? Meridian City Council May 25, 2004 Page 22 of 59 Hawkins-Clark: No. You're required to do -- if you do ten-percent, that would count as one of your amenities. Brown: Okay. Hawkins-Clark: They have 7.65 percent, so they have 2.65 percent more. Nary: More than are R-8. Hawkins-Clark: Right. Nary: And the amenity is -- so, that 7.65 is not the amenity, it's the pool -- Brown: And the cabana. Nary: And the cabana. But that of kind goes with the pool. You can't put a cabana in a park. Brown: Right. Exactly. Nary: Okay. Bird: You can. Nary: Well, you can, but it's not meant to -- De Weerd: Then, it's just a shelter. Bird: You can put a basketball court in a swale. Brown: Put a basketball hoop at the end of the pool and there is your second one. How is that? Nary: Okay. De Weerd: Okay. Any further questions? Thank you, Mr. Brown. Okay. I have a Kathleen Denny signed up. If you could, please, state your name and address for the record. Denny: It's Kathleen Denny, 3009 West Wilder. De Weerd: Thank you. Denny: I have some concerns about the size of the -- the number of houses on this development for the size of the property. It just seems like the houses are right on top -- Meridian City Council May 25, 2004 Page 23 of 59 going to be right on top of each other, you're not going to have any street space. If they are having sewage problems already and the houses aren't even developed, what good is it going to be putting 75 houses there? You got one access going in and out -- it just doesn't make a whole lot of sense. It's too much for too small of an area. Can the property be expanded? Larger lots? I mean the amenities are nice, that may draw people, but once you get into the neighborhood and find out that your next door neighbor is right there, how many people are going to be wanting to stay there. My family and I moved up here to get away from the California style of home developments where your neighbors are right there and you can hear everything going on in their homes, even with the sound proof windows and everything and it just doesn't make sense that all this development is coming in the way that it is. The developments that I'm seeing, they are standing for two years, some going on three that are small, but still have vacant houses. The housing development that we live in has 59 homes in it and we have large lots, compared to, I guess, a lot of them. But still we are not at a hundred percent capacity and that development has been there at least two years. They are just now building the final home. But there are still vacant homes in there. Do we need this amount of homes going up and in this tight of quarters? Is there that big of a demand? De Weerd: I guess that is a risk for the developer, isn't it? Do you have questions for Mrs. Denny? Do you have anything further? Denny: Well, I know that we just moved up here last June and we had our grandchildren up with us and it was the first time they had an opportunity to see farm animals, because in Sacramento they don't have them. They are way out numbered by the houses and that was one of the things that drew us up here and I just don't want to see it destroyed. De Weerd: Well, thank you. Denny: Thank you. De Weerd: Is there anyone else who would like to provide testimony on this application? Thank you. Mr. Brown. Brown: I think as you look at developments, you're seeing lots of different kinds of homes. I know, typically, a number of years ago -- and I have heard a particular City Councilman that's no longer here speak about that, you know, 8,000 -- or 8,000 square foot lots, 80 by 100, you know, that they didn't want to just see all of those anymore. And what my clients are -- the feedback that I'm getting is that two-thirds of the people that are buying are empty nesters. Not everybody wants to be able to take care of a yard and as what we are doing in the industry is providing different lot sizes and trying to put those for those different houses and different -- different people's needs and wants and in this particular area this is the one that we feel will do the best and complies with your Comprehensive Plan for that mixed use community to the west of us. A portion of the site is covered with that same designation as put in those facts and findings in the annexation conditions and that's alii have to say. Meridian City Council May 25, 2004 Page 24 of 59 De Weerd: Okay. Any further questions? Okay. Thank you. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Brad, could you put up -- you had like an area map showing the location of this parcel. That's good. And the subdivision, then, to the east of this parcel, is that an R-4 or is that an R-8? Bird: That's an R-8. Nary: That's an R-8 right there? Bird: Yeah. Hawkins-Clark: No. I think it's R-4. Autumn Faire is R-4. Nary: R-4? Autumn Faire? Okay. Hawkins-Clark: Tricia's Subdivision, Autumn Faire is R-4. Nary: Okay. All right. Thank you. De Weerd: Brad Watson, I guess I did want you to at least address the sewer statement, that we are not out of capacity and how this fits within those sewer plans. Watson: Madam Mayor, Council Members, this property is just at the farthest western most extent of how far the sewer can gravity flow back to the east. That's as much of that parcel as they can develop and make the gravity conform to slopes and depths as possible. If it goes any farther west, then, it will out come up out of the ground or they have to fill or -- there is not a problem with this parcel being sewered. De Weerd: And coming up out of the ground does not mean the sewage comes up out of the ground; correct? Watson: No. No. I guess that's a colloquialism that we use in the engineering department. De Weerd: I thought maybe it would be nice to have that clarified. Watson: Thank you. De Weerd: So, that's just the pipe. And the properties, then, to the west of that would be in a different sewer trunk line that would have a different line to it? Meridian City Council May 25, 2004 Page 25 of 59 Watson: Correct. It would be in the McDermott trunk area. De Weerd: Okay. Okay. Council, what would you like to do? Mr. Nichols? Nichols: Madam Mayor, if I may ask a question of Brad. This revised plat that shows a revision date of 5/20/04 takes into account the concern about how the right of way was going to be handled; is that correct? Hawkins-Clark: That's correct. Nichols: Okay. So, that issue on that cover sheet to the Council has been resolved by this revision? Hawkins-Clark: Right. Yeah. As long as it's -- you refer to that last date of received by the clerk 5/21 that would cover that concern. Nichols: Yes. De Weerd: Okay. Council, what would you like to do? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no further discussion, I would move that we close the public hearings for 14, 15 and 16, the Jaydan Village Subdivision. Rountree: Second. De Weerd: Okay. It's been moved and seconded to close the public hearings on Items 14, 15, and 16. All those in favor say aye. All ayes. Motion carried. MOTION CARR I ED: ALL AYES. De Weerd: Any discussion or comments? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess I'll make a comment and I -- I have no problem with the subdivision. I mean it's -- you know, it's about 4.4 units per acre. It is different. I understand -- I understand the one person who was concerned and -- about the change, but this is their property, I mean they can tear their barn down if they want to. I mean they can stop farming their property if they choose to. So, how it gets developed -- this is consistent Meridian City Council May 25, 2004 Page 26 of 59 with our Comprehensive Plan, it is a variety of housing, which is what we seek. It does have some higher densities, but this is a pretty small piece of property. I mean 16 acres and 75 homes is really not a lot in comparison to what else we have looked at. The amenities are okay. The pools are nice and that park is nice and all of those things. I think they are adequate. Some of the setbacks don't concern me. You know, we have a variety of R-8's now, with some variety in them, and that's what we have asked for. I looked at that other site plan that they had -- I mean, obviously, Mr. Brown and Briggs have been listening. I saw islands in both of the main streets; they have a fairly good size green space. They have got an amenity with a pool, they have got the stub streets, so they have connectivity to other subdivisions -- I mean I think they have covered, really, the things that we really hit on all the time with the developers. So, I mean I really -- I understand exactly where you're coming from, but it really does fit with the other things that we have asked people to do. It's their property and we have asked people to do it this way and I think this really hits all of those things. So, I have no objection to it. De Weerd: Okay. Any further comment? Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no other, I guess, discussion, I would move that we approve Item No. 14, AZ 04-003, annexation and zoning for Jaydan Village Subdivision. Nary: Second. De Weerd: It's been moved and seconded to approve Item 14. Is there any further discussion? Would you like to call roll? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 15. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: [ move that we approve PP 04-002, preliminary plat for Jaydan Village Subdivision, dated 5/21/04 and to include all staff and applicant comments. Nary: Second. Meridian City Council May 25, 2004 Page 27 of 59 De Weerd: Okay. It's been moved and seconded to approve Item 15. Is there any further discussion? Mrs. Deputy Clerk, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 16. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 16, CUP 04-004, Conditional Use Permit for Jaydan Village Subdivision. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve Item 16. Is there any further discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have a comment, though I'm not going to oppose this. This is becoming desperately close, in my opinion, to lack creativity that is to be obtained with the Conditional Use Permit for planned development, in terms of what I would evaluate creativity. So, just for the record. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would concur with Councilman Rountree. I think this is a around-the-skirt way of getting some changes in there on doing -- its either a PUD or it's an R-8 and I agree with what Councilman Rountree stated. De Weerd: Any further comments? Do we have a motion? Rountree: Yes. And a second. De Weerd: Oh, yeah. This was discussion. It was so long ago. Rountree: I'll move for the question. Meridian City Council May 25, 2004 Page 28 of 59 De Weerd: Okay. It's been moved and seconded, with discussion, to approve CUP 04- 004. Ms. Deputy Clerk, will you call roll? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: AZ 04~004 Request for annexation and zoning of 34.6 acres from RUT to I-L, L-O, and C-G zones for proposed McNelis Subdivision by Falcon Creek, LLC - northwest corner of North Ten Mile Road and West Ustick Road: Item 18: Public Hearing: PP 04-004 Request for Preliminary Plat approval of 16 commercial building lots and 5 common lots on 34.6 acres in proposed I-L, L-O, and C-G zones for proposed McNelis Subdivision by Falcon Creek, LLC - northwest corner of North Ten Mile Road and West Ustick Road: De Weerd: Thank you. Items 17 and 18, I will open those two, for AZ 04-004, PP 04- 004 -- boy, there is a lot of 04-004's tonight, isn't there. And I will start with the staff comments. Hawkins-Clark: I agree. Thank you. Madam Mayor, Members of the Council, this application does have two hearings tonight, one for the annexation, and one for the preliminary plat. The property is no stranger to the Council, particularly those that were here a couple years ago, known as Utility Subdivision, then. They have changed the name to McNelis Subdivision. The application now is requesting three different zones on this property that's at the northwest corner of Ustick and Ten Mile. The area is designated -- there is approximately 430 some odd acres around the wastewater treatment plant on the Comp Plan designated wastewater -- Mixed Use Wastewater Treatment Plant. This does fall within that and the staff report, I think, did a good job of kind of summarizing some of the history on that and what the Comprehensive Plan envisions for uses around the wastewater\ treatment plant. The property is still in Ada County. The surrounding uses include an Idaho Power transmission substation area immediately to the north here. This little out parcel. The Hartford Subdivision is to the east, as well as an out parcel that's located across the street from one of the proposed entrances. Inglewood Creek Estates to the south. And, then, to the west there are a couple of single-family homes. The Nine Mile Creek does run along the west and the Five Mile Creek along the north, so it does have two pretty large irrigation facilities to deal with on the layout here. The Planning and Zoning Commission did recommend approval of the rezone and this does show the properties -- or the lots that -- the layout, as well as the zoning that they are looking for. The light industrial uses are shown here on the north end adjacent to the city property, which is also, zoned light industrial. And, then, they have several professional office, limited office lots down here in the south and to the west and, then, on the corner they are looking for general commercial. There is an existing residence on the property that's on Ten Mile Road in this location. The plat is proposing a new public street that would be designed to commercial standards, Meridian City Council May 25, 2004 Page 29 of 59 basically looping through. They are also proposing a -- all of the required -- to construct the required landscape buffers on the public streets, as well as internally you can see the buffers between land uses, which our landscape ordinance requires between industrial uses and office uses and commercial uses and office uses, so these -- that's the internal buffers that you see there. As far as the creeks, they are proposing to construct multi-use pathways along both facilities. Obviously, we have our parks director Mr. Strong here tonight if you have any questions on that, but the way that the condition is worded is, essentially, to construct those. They will be the maintenance responsible of the City of Meridian. There was some discussion at the Planning and Zoning Commission about the design standards for those multi-use pathways. The layout that they have shown here would actually -- you would have a fence and, then, landscaping and, then, a ten foot wide pathway and, then, a shoulder, which the parks department is asking to be gravel, so that they can run, typically, as far as their arms on their sprayers for maintenance, that's how they prefer to maintain those. And, then, you would have the top of bank and, then, on down. So, that's the same on both Five Mile and Nine Mile. So, the fence, actually, is on the inside of the property and, then, the pathway is nearer to the top of the bank. I think there are just a couple of issues to point out as far as the proposed conditions that the Planning and Zoning Commission forwarded on to you. We did receive a letter dated today from Becky McKay at Engineering Solutions that goes over the recommended conditions on these two applications. I think there is mainly two issues to be discussed tonight. One is the development agreement that was recommended on this project excluded convenience stores and gas stations as allowed uses and that would be down here in this C-G area. They are asking for that to be reinstated and that those two uses be allowed to be considered on this property. There was testimony both for and against, by the way, at the Planning and Zoning Commission hearing from the public for this -- for this project. Then, the second issue that I think is -- you're going to hear about in the hearing relates to the access points and Craig Hood, a planner in our office, put this slide together that I think kind of summarizes what the issues are. Again, Ustick Road on the south. Ten Mile. The Planning and Zoning Commission recommended and ACHD approved -- and, actually, they applied for just one access on Ustick Road, in addition to the new street. They are proposing two accesses on Ten Mile Road, in addition to the new street. So, Ten Mile would have the two driveways, plus the public street, and Ustick would have one driveway, plus the public street. Ada County Highway District did approve -- on Ten Mile Road they did approve both of these commercial driveway access points, as well as the street. The issue was raised up by staff at the Commission that there is a finding that the city has to make -- are the proposed vehicular access points to a project safe. And Craig's analysis was that -- that you have this existing house that has a circular driveway on the east side of Ten Mile and, as you can see, that's generally right in between the two new proposed access points for these two black boxes here. On a 50 mile an hour roadway, the highway district's policy says that you have to have your driveways full access driveways, 255 feet -- yeah, 255 feet apart from each other and if you factor in the distances here, they -- it is less -- the southern one is proposed to be right in, right out only. However, the northerly one would be a full access point and, of course, you have the driveways on the side and 375 feet from there to the new street. So, there is, obviously no issues between the northerly driveway and the new street. Meridian City Council May 25, 2004 Page 30 of 59 The issue is whether or not this is congested and imagining Ten Mile at build out, if that many access points is potentially a hazard or not. The argument from Mrs. McKay is that the city doesn't have standards that are published or available or ordinances that deal with driveways and -- in terms of the offsets on streets. It's a highway district issue and the city should not get in that business. However, I do think that there is some room for the city to look at traffic and particularly vehicular access points into new subdivisions that we are approving in terms of the public safety. So, I think that's -- that's the argument that was made. The P&Z Commission did agree with staff. They said only one access -- one driveway access on Ten Mile, so there would be, essentially, one on each, plus the new street. Are there any questions? De Weerd: No. Just I had this feeling of deja vu when we were told we had nothing to do with streets and I agree with your statement on safety is our business and appreciate that. Any questions for staff? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. Brad, could you put up the other -- the site plan? So, is there -- is there an access point from those -- from those -- the commercial piece or those light office pieces to that street or is it just to the light office pieces that are abutting that street have access? There is no -- there is no common drive or anything that accesses that little cut out for commercial? Hawkins-Clark: I'm sorry, I'm guess I'm going to have to refer to Mrs. McKay for that. don't know. Nary: Basically, this portion here -- Hawkins-Clark: Right. Nary: -- there is no -- the access point is here and here? Hawkins-Clark: Right. Nary: And -- or maybe just here for this piece? There is no other point into this piece? Hawkins-Clark: Of course, this is the survey only that we are dealing with or the plat. It's not a development site plan. Nary: Sure. Okay. Hawkins-Clark: So, it doesn't preclude it, but it does appear as they have drawn it out that that's kind of how they intend that to develop out, but it doesn't mean that they couldn't provide that. ( Meridian City Council May 25, 2004 Page 31 of 59 Nary: Sure. Okay. Thank you. De Weerd: Any further questions? Thank you. Would the applicant like to step forward? Please state your name and address for the record. McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Suite B, Eagle. Madam Mayor, Members of the Council, as Brad indicated, this was a very controversial project when it came through the first time. De Weerd: Becky, I will ask you to put it on the easel. And we should have a pointer-- a laser pointer up there or -- or you can stay over there. McKay: Now I can wander around. Just to refresh your memory, this was proposed as a -- I think a bus barn for Meridian School District. They also -- the trash company wanted to have a transfer center here. And so it was a highly contentious few public hearings that took place on this project. The Council at that time told the owners and applicants to -- that those particular uses were too intensive for this property, considering the location adjoining single family residential and, then, the -- abutting the sewer treatment facility and that that kind of prompted the city to come up with this wastewater treatment plant overlay, specifying certain types of mixtures of uses that would be appropriate for this particular area. In your Comprehensive Plan you guys inserted discussions or language recommending light professional office uses, flex space, including light warehousing, no new residential uses, limited to small scale retail uses, and mini storages. So, what we did is this group came back -- came to me and said, you know, our experience was very poor the first time, could you meet with the city, do a neighborhood meeting, get input from those two entities, and give us your recommendations on what appropriate uses would be on this property. So, we did -- we come up with the concept of doing a little bit of a mixture, because the property is 39 -- like 34 acres in size, so it's pretty large. We came up with -- we got -- Mr. Crane lives here, so we have got a residential use here. We came up with like an L-O use adjoining him. The exposure to the treatment plant is here on this northern boundary, so we came up with I-L here and, then, we have also got the Idaho Power substation that's going to go in here in a year or two and they were very concerned about what our uses were and how compatible we would be with them. They were relieved when I told them we had no residential component in this development. Down here, this is L-Q and, then, we had a C-G. If you look at the percentage breakdown of what we are proposing, we have got approximately 48.8 percent L-O, 43 percent I-L, and 8.1 percent C-G. So, we leaned real heavy on the L-O and the I-L. The staff recommended that all uses along the perimeter be conditional use, so that the neighbors would have opportunity to give the city input and the Council could scrutinize those uses that go in. So, we are not -- we are not asking for cart blanche here. We also submitted a list of potential uses, obviously, omitting those that would be offensive or cause some type of hazard and nuisance in this area. One other thing that we -- that I looked at, by providing this commercial collector here and creating this loop, we do add capacity to the intersection, we did do a traffic study. They looked at -- there is going to be a Meridian City Council May 25, 2004 Page 32 of 59 certain amount of capture of traffic along this roadway network and that's kind of why we thought the C-G to be appropriate. In our traffic study they are recommending like some right turn lanes and center turn lanes into this project. We designed this to meet all of ACHD's standards. We have one full access here, one right in, right out there, and one full access here and, then, this public street. To answer Councilman's Nary's response as far as the interconnectivity, I did do kind of an internal concept and I did show cross-access coming through this direction. So, that someone could come in the commercial collector, go to their dentist, pop over to say the drycleaners or a video store or whatever, without going back out onto the arterial. Now, staff has not included any language in their conditions referencing cross-access and if the Council views that as important, that I'd recommend that there be some language in there, you know, directing some interconnectivity and I always do promote interconnectivity, especially with a commercial type development. We feel that based on -- on what we have got to work with and the limitations, we have come up with some good uses. We have mini storage would be on the very back portion here on our northwest corner and we created kind of a big lot and, then, narrowed it down here, so they could have a controlled gate system coming in. The I-L, we see that kind of as flex space, maybe a plumber, an electrician, somebody that has a small office, warehouse, has a yard, that they would be a good component there next to the treatment plant. Your treatment plant at some point in time -- I did the mini storage -- Ten Mile Mini Storage facility above it. It does, as I think the staff calls it, burp periodically, so that, you know, I had to think of uses that, obviously, could coexist with that type of facility. Obviously, the intensity or like offices, you would have more people, but they are further away from the plant and down along the Ustick and Ten Mile area. The pathway, we are showing that, that's on your Comprehensive Plan and also in the park's plan. We do show the multi-use pathway coming along here and wrapping back. The applicant wasn't real excited about the landscaping, but it is in the landscape ordinance, so, therefore, it is avoidable -- or unavoidable. I'm sorry. It's getting late. This property -- we even looked at -- we even met with PAL Soccer, because at the last public hearing people said, well, you know, why don't you make it a park, why don't -- you know, did you look at ball fields and stuff? Yes, we did. We contacted PAL Soccer, they came in, my staff and I, we laid out -- we got their criteria, we laid out ball fields, parking, they had like a vendor area, to see if this property in this configuration could accommodate that type of use. We did that at no cost to them and I didn't charge the client for the work either. So, we just did it as kind of a benefit for them, because I thought that would be a great use. They went to their lender, they came back, and I talked to the gal and she said we cannot get -- we can't get the financing. The amount of financing that we can get, it wouldn't even cover single-family residential property that has no sewer. I mean that's kind of where their budget was. So, that kind of went out the window. But I just want the Council to know we did explore different ideas as far as uses on this property. As I told the Planning and Zoning Commission, there has to be some use -- I mean we can't just draw a circle around the plant and say these 450 acres, we can have absolutely no uses. We have got to find something that can coexist with the plant and the neighbors. I worked diligently with your staff and Anna was very pleased with what we were proposing, because she thought that this is a right step and this is one of the first parcels, with the exception of Ten Mile Mini Storage that's going -- you know, that's of any size that's Meridian City Council May 25, 2004 Page 33 of 59 going to develop next to the plant and so she thought that this would, obviously, set the type of tone and be the type of development that the city would be in favor of. Staffs conditions, we are in agreement. The only thing that my client was -- was not pleased with the Planning and Zoning Commission to delete a C-Store or gas station out next to the arterial. We made the argument at the Planning and Zoning Commission that that would be a conditional use. That does not necessarily mean that it is an allowed use, if it's a conditional use. If the Council believed a particular use to be inappropriate, too intensive for what we have as far as the surrounding uses, they would, obviously, have the ability to deny that. We thought that that was a good enough safety factor in there, but the Commission -- because most of the negative comments were the fact that the neighbors said we fear a convenience store and gas station, we do not want to see 24 hours a day, but not all C-Stores are 24 hours a day, not all C-Stores are a nuisance, I guess. We all stop and get gas; we all need a gallon of milk. I have had multiple people ask me when in this area are they going to put a convenience store. I lived out there and I got to drive clear over to Fairview to get gas. So, I mean as the north Meridian area expands and more houses are occupied, the need is there. I guess it's the Council's purview to determine what -- where are those appropriate locations, but you need to keep in mind the more services we provide in these suburban areas, the less trips we are creating out on the arterials out into the Fairviews and Eagle Road areas. The second issue was the issue of access and I -- as Brad put it, I guess my problem with that is the principal of the thing. We design to Ada County Highway District standards, we go through traffic studies, we work with their staff, my staff report, my traffic study, everything says specifically all access locations conform with Ada County Highway District policy manual. I have never had the city staff tell me an access was inappropriate if I met all standards. So, I fear that this is a precedent setting thing, that even though we are designing to standards, we have traffic engineers that are saying this is appropriate, they don't have any policy or standards to go from when they are making a determination whether it is appropriate or inappropriate. So, I'm concerned about that being a precedent setting thing. If we are not going to rely on Ada County Highway Standards, then, I guess maybe Meridian needs to come up with their own standards. Maybe they take over their streets like Nampa. I don't know the answer. But we have to design to something. It is right in, right out, we are going to have to build turn lanes and we felt that that was an inappropriate condition. Do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Becky, I do have a problem and I'm not trying to say that I'm -- and I know I'm not smarter than ACHD, but I do not like those entrances that close to the intersection. I think it can be designed -- and I would like to see the biggest share of the traffic going off the interior road there at the two entrances onto Ustick and onto Ten Mile. We have already got some stuff in Bridgetower dumping in on -- close to the stop sign on that area. I don't know -- and I think it could be designed -- that's on the roadway. Now, on the convenience store and a gas station. I think it's great. I think that area needs Meridian City Council May 25, 2004 Page 34 of 59 something out there. I don't like people driving through my subdivision to get to gas and convenience stores and there is nothing out there. So, I do agree with you on that. But I just -- I just don't like the traffic flow on this and I don't think it's -- I don't think it's so much the traffic transportation, I think it's as the Mayor said, I think it's a safety issue. McKay: Madam Mayor, Councilman Bird, if I could respond to that. In -- with full access to an intersection, what Ada County Highway District policy manual states is we have got to come back 440 feet. That's from edge of pavement of the future build out of Ten Mile back to my edge of driveway. This approach and this approach meet or exceed the 440. This one here, Councilman Bird, is 220. Bird: And that's what I don't like. McKay: And that's the one that you're concerned with. Two twenty is right in, right out only. And I guess from the perspective, those do seem close. At Bridgetower we have no right in, right outs, they are all 440 and greater. Interconnectivity will also help as far as the number of vehicles entering those. For commercial type uses you're not going to get -- I don't think that would be viable as a commercial corner if you had to come in and, then, wind your way through to get over to here. You can't capture the traffic. Bird: I have no problem with those, Becky, but -- McKay: It's this one. Okay. It's this one right there. Bird: It's this one that I have a problem and you can dump -- you can dump those into the commercial -- into a C-Store or whatever it is. Gas station. It's just that one there that's so close. I think it will really cause some -- even if it's a right in, right out, you're still -- you're still causing the congestion, I believe. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. On that -- that's one entrance, I guess, Mrs. McKay, I would have the same concern as Councilman Bird has. It looks like Krispy Kreme's corner to me and -- McKay: I didn't do that. Nary: And it seemed like a good idea at the time and -- it seemed like a good idea at the time, because I was one of the people up here that said, oh, that seems like that will work and now I have to say, yeah, we approved that and it doesn't really work very well. And that's what that one entrance -- it appears there is adequate access to this property with both the streets to have some connectivity from the rear street, as well as the other two access points to be able to get to that commercial piece, that I think those are adequate, but that one piece does strike me as a safety concern, being so close to the corner and so close to the other entrance as well. That one is a hold up to me. Meridian City Council May 25, 2004 Page 35 of 59 De Weerd: We all know what right in, right out means, too. Unless you have an island - McKay: Don't get caught going left. De Weerd: Yes. Unless you have an island to deter them -- McKay: Yes, I have seen that and done that myself. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And just a quick comment on the right in, right out. If I'm -- essentially -- and I'm not an ACHD commissioner, but the right in, right out theory is, obviously, this right here is going to become congested as a viability for a commercial project, the way I see this platted right now is that sits alone by itself and so the only traffic that you will be able to capture without someone crossing a large amount of congestion will be traffic traveling from -- from north to south and I'm not sure that, in my opinion, that that would be a great commercial corner for someone that could only attract traffic from one direction. De Weerd: Thank you, Mr. Wardle. Any further questions for the applicant? Okay. Thank you. McKay: Thank you. De Weerd: Okay. I do have one person officially signed up and that's Kathleen Denny. Denny: Do I give my name again? De Weerd: Please. For the record. Denny: Kathleen Denny, 3009 West Wilder. If you could put the aerial view picture back up for me. Hawkins-Clark: Sorry, we are -- Denny: Technical difficulties? Hawkins-Clark: Yes. Experiencing them. But we will get it up as soon as we can. Denny: Okay. As far as the development in the area, I have no problem. My problem is the safety issue in that. I live directly across the street from that in the Hartford Estates. We got buses picking up kids along Ten Mile and on Ustick and dropping them Meridian City Council May 25, 2004 Page 36 of 59 off and it's like right where the driveways are going to be. That's -- my concern is the safety issue for the kids. We have got a ton of kids in that neighborhood and they are having to bus them out to the different schools in the area and I know the junior high and the high school, that they drop off on that side of the street coming in from Ten Mile after school. And would be a major concern for me. Thank you. De Weerd: Thank you. Denny: Other than that, j have no problem with the development. De Weerd: Okay. Thank you. Any questions? Bird: I have none. De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone else who like to provide testimony? Step forward. And I don't think I saw your hand up when we swore people in, so -- N.Denny: No. I was kind of-- De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? N.Denny: Yes, it is. De Weerd: Thank you. N.Denny: My only concern is the type of businesses -- De Weerd: Oh, if you will, please, state your name and address. N.Denny: Nathan Denny, 3009 West Wilder. I'm her husband. De Weerd: Thank you. N.Denny: -- is the type of businesses we are going to allow to go inside there, like pornography places or, you know, adult places or stuff like that, you know, so, no, there is that little nasty place down there on Black Cat and Franklin down there that I kind of avoid, you know, because my grandkids ask me what that is every time I go by, so that would be my only concern is the type of business that we are going to allow in there. A gas station would be very cool there. I don't have to go all the way over to Linder and get gas, so that's alii have got to say. De Weerd: Thank you. Brad, how far is that church from that corner? Do you recall? Is it quite a ways? Okay. I think we have an ordinance that says you can't have adult entertainment by a sewer treatment plan. Isn't that correct? Meridian City Council May 25, 2004 Page 37 of 59 Nichols: Madam Mayor, there are those who would argue that's the right place for it. Bird: In the sewer. De Weerd: Thank you, Mr. Nichols. I don't think I recognized you. Okay. Is there anyone else who would like to provide testimony? Mr. Crane. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Crane: Yes, it is. De Weerd: Thank you. Please state your name and address. Crane: My name is Charles Crane. [live at 3600 West Ustick Road. I'm, actually, here in favor of this project, which is kind of a big flip-flop from the last time you guys saw me. Our six hundred pound guerilla has come in with tucks and tails and I really appreciate the developer having a meeting that talked with the neighborhood and, actually, listened to us. Some other meetings I have been to the developer tells you what they are going to do. They have no intention of listening to the neighborhood, but in this instance the developer has really listened to some of the comments the neighbors have made and have, actually, seen some changes on their plan and I just wanted to comment on that and thank the developer for part of it. I do have a concern with the traffic. I drive down Franklin and Ten Mile in that corner and as the years have gone by it's become increasingly obvious that if you have an intersection with too much traffic, it backs up way down the road and that's what I'm thinking this extra driveway on Ten Mile would contribute to that intersection being a place to stop and park for 15, 20 minutes while congestion slows everything down. So, I would hope you guys follow the recommendations of Planning and Zoning to restrict that access that's close to the entrance and do internal connections to that property. The only concern I have is a convenience store. With the three other corners being approved for residences -- if we could go back in time and say, well, let's make this a business corner, but in the past we have approved three corners to be residential, so we need to keep that in mind. Even though this would be a nice commercial corner, we have already approved three corners of it to be residences. So, if we do allow some kind of heavy commerce, we should keep in mind that people sleep there, their bedrooms are near there, if we could at least limit the hours or put some restrictions on it to make it a livable corner still for the people that have residences. Two other minor points I'd like to have the developer put on record. The pathway on the north -- or the top right corner, it ends in the power substation property. I would like to have something in the development agreement that they will work with either the Nampa-Meridian Irrigation or the substation people to align that pathway with another connection to finish that last little bit and if also she would mention on the bottom left corner next to my property there is a pumping station and we had talked about it early and she had said that they might go and move that somewhere else, but I'd like to have her put that on the record. That's all. Meridian City Council May 25, 2004 Page 38 of 59 De Weerd: Okay. Mr. Crane -- any questions for Mr. Crane? Thank you. Okay. Is there anyone else who would like to provide testimony? He definitely is a sheriff. He definitely has to be sworn in. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Borquist: Yes. De Weerd: Thank you. Please state your name and address. Borquist: Dana Borquist, 3125 West Wilder Court. Madam Mayor, Members of the Council, I appreciate your time. I live -- if you could put the aerial or the one with the yellow that shows the residential -- I live relatively close to -- I live right there. If my hand would stop shaking. Anyway, as Madam Mayor indicated, I'm in law enforcement and rm okay with most of this development. I know it's a difficult area to develop and I applaud the developer for at least going out of the box and looking at different varieties to put in there. However, I do have major concerns, as well as many of my neighbors, about convenience stores and all night stores being that close to residential neighborhoods. We all built knowing that that was a vacant area. However, if you look at the two other corners that we are on, it's all residential. I think Councilman Bird put it correctly when he said he doesn't like people driving through his area to get gas and I know from experience that if you drive around town in Meridian, you will find most of the gas stations that are here have rental homes or trailer parks right next door to them. Property goes down, I could almost say with certainty that most of the convenience stores have had major crime activity -- criminal activity, whether or not they are armed robberies or just common petty theft that occur all of the time. We have pathways that go into our subdivision that are accessible directly across the street from one of these entrances and I think we would draw that negative behavior right into our backyards, if you will. I would like to see you uphold the recommendations from Planning and Zoning that at least limit them to not have the gas stations, car washes, the all night activity stores and limit it to more things like banks and such. The other issues I have are with traffic. I see all the time where cities have the perfect opportunity to say no to some recommendations that ACHD has and you have many problems right here in Meridian with traffic issues and we are just asking for more problems if we create more driveways, if you will, and you have the perfect opportunity to limited that and Itm sure your chief of police would agree that that invites, you know, more resources from them to write more accidents and more congestion. ACHD I don't think is planning on improving any of those roads untfJ 2008 and that goes up until Ustick and, then, nothing further north. And if you have these large businesses, there is going to be a major draw of resources and lane usage in that area. So, again, I would -- I like most of the recommendations. I would ask that you limit the use of the commercial back to light office or whatever zoning that would be, that limits the hours to regular business hours, like until 5:00 or 6:00 p.m. Thank you. De Weerd: Okay. Thank you. Any questions? Nichols: Madam Mayor? Meridian City Council May 25,2004 Page 39 of 59 De Weerd: Mr. Nichols. Nichols: Excuse me. If I may. Would you have the same objection to a convenience store that had to close at 11 :00 and couldn't work and couldn't open until 6:00 A.M.? Borquist: Yes, I would. It draws the same clientele, same activity. Nichols: Okay. De Weerd: I know it would draw my kids there to buy candy, so -- you know. Any questions? Anyone else like to provide testimony? Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Wilder: It is. De Weerd: Thank you. Please state your name and address. Wilder: Janet Wilder, 3340 North Ten Mile Road. And we are the lot they were talking about with the circle drive. J wrote this down, because I knew I wouldn't remember it all. First, let me say that I was at the meeting where it was decided to zone the property around the wastewater treatment plant as mixed use wastewater treatment plant and the reasoning behind it was to buffer the residential area away from the wastewater treatment plant. Allowing the corner to become commercial I feel brings the sewer plant to us on the corner, instead of buffering us from it. So, I'm totally opposed to any commercial on the corner. I'd like to see it light office and access from within, instead of the two entrances that they plan on Ten Mile. I think they could do it that way and it would be -- would kind of enclose the whole development, instead of affecting the neighbors so much, I guess. On or about November 4th, 2003, we received a letter from Engineering Solutions concerning a neighborhood meeting about proposed McNelis Subdivision to be held on Monday, November 17th at 6:30 at Meridian City Hall. I attended this meeting, along with -- I think there were other neighbors and Sheri Stiles representing Engineering Solutions. We were shown the plans and told what they wanted to do. At that time I voiced opposition to the two commercial lots on the corner, because of the location and the driveways. I asked if they could access them from the commercial roadway that runs through the center of the property and was told they couldn't and that we needed to move. Sheri told me that she would ask about a different access and let me know. To date I haven't heard from her. I would have appreciated a notice of the ACHD hearing in March. Now I find that it's too late to appeal it. Also, it's my understanding that -- oh, another thing about the ACHD. I spoke with them today and they told me that they don't notify neighbors about their hearings and it's kind up to the developer to let anyone that might be affected know about the meeting. As far as I know, none of the neighbors knew about it or I certainly would have been there. Also, it's my understanding that at such time as a traffic light is installed, a median will be put in that goes 50 feet beyond the driveway, which is affected and that puts it back almost to our driveway. And on the school bus issue, I know for a fact there Meridian City Council May 25, 2004 Page 40 of 59 is two busses stop there morning and night for kids, right -- well, driveway's just not that far from the driveway they propose across street and I don't know why the school bus stops there, but it does. And there is times through the day that traffic is backed up past our drive, past our northern driveway now even. So, I just see a huge traffic problem there, if these driveways are allowed. So, that's alii have to say. Thank you. De Weerd: Thank you. Any questions? Thank you. Okay. Is there anyone else who would like to provide to testimony? Please step forward. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Weber: Yes. De Weerd: Thank you. Please state your name and address. Weber: My name is Steve Weber and I live at 390 -- oh, I'm sorry -- 3139 West Purdeau Court and I spoke last time, as well as I do this time representing -- I have -- there is one other family that lives in the subdivision right next door to me and I spoke for quite a few families, but found out just recently that the developer is trying to get the convenience store and gas station back into the proposal. So, that's why I was late and I apologize for that. I didn't get on the list and as well as there was a lot of people that weren't able to make it because of that. We thought, basically, that was off the plate, based on the proposals of Planning and Zoning. So, we were actually against the whole development -- and I don't know if you guys were forwarded on the 150 signatures that we had against it. It only took us, you know, a few hours over a period of a couple days to get that little of signatures. There was a lot of negativity and a lot of people against the development altogether and as the night went on with the Planning and Zoning, we kind of -- we kind of talked back and forth and we changed our minds somewhat that they asked us if we would be willing to allow the development if they would take the convenience store and gas station out of the contingency. They do -- they did -- the developer says that it's -- we still have the right to come back and protest it again or whatever when it comes up for whatever is going to go in there, but I mean there was enough opposition that the Planning and Zoning recognized that there would be opposition every time and if the developer is in the true interest of the residents in the area, they would recognize that now and remove that concern. We are not -- we were somewhat against the commercial, but we would rather see something like a bank or some other thing like that come in or even limited office space, rather than a convenience store. And the same comment, we don't want people coming into our neighborhood, because it will draw traffic into the area that would never have come there through subdivisions and through the connecting roads. We were told by -- I think it was one of the managers at Albertson's that there will be a gas station there in a year at the Albertson's on that corner. I don't know if that's true or not, but that seems like a more suitable place for a commercial type business. And we would just like you guys -- the panel here to take that into consideration and as well as take the experience of the Planning and Zone for Meridian into consideration against that. ( Meridian City Council May 25, 2004 Page 41 of 59 De Weerd: Thank you. Do you have any questions for the -- no? Thank you so much. Okay. Is there any further testimony? I guess I would like Bruce to please come forward. I think we have a couple questions. Or I have a couple questions for ACHD. If you will, please, state your name and address. Mills: Madam Mayor, Council Members, Bruce Mills, Ada County Highway District, Garden City. De Weerd: Bruce,] guess I have a question in terms -- I was a little concerned with the comment that there is no public noticing when these applications coming from it -- in front of ACHD and I'm not familiar with your process. Could you tell us what that is? Mills: Madam Mayor, that is correct, actually. Ada County Highway District has 19 days from when we receive a development application to turn it around and get it back to the lead agency, as we are not the lead agency, and that's what one of the requirements for notification are. We, actually, don't have public notification -- we don't have enough time to do it, for one thing, and it's not a requirement that we have. We do place things on our website several days before our meeting, but that is the only way at this present time that we work with these other agencies. We have explored ideas before, but they have never come to fruition with perhaps getting something put on your public notification signs that would at least say for traffic concerns contact ACHD with a phone number or something, but we -- but, anyway, that is -- that's where we are at at this time with public notifications. De Weerd: Now, I guess this would be for Mr. Nichols or Brad. When we send out our public noticing, would the date at ACHD have already been set that we can include it in ours? Hawkins-Clark: Madam Mayor, no. When we receive the applications, we get them to the city clerk's office, who usually just within a matter of a couple of days distributes the 30 copies around to all the agencies and departments. So, we are transmitting our applications, you know, long before Ada County Highway District can know when their dates are set. So, they do hold the tech review meetings, you know, which invites city staffs to come and talk with their staff and the developers about the projects, but, again, that's not a publicly noticed thing, so -- De Weerd: Wow. Mr. Wardle. Wardle: Madam Mayor, just a quick question. Heard Mr. Mills say that they don't provide noticing because they are not the lead agency and so I guess taking that into consideration on this, Meridian is -- the City of Meridian is the lead agency for this project; is that correct? Mills: Mr. Wardle, that's correct. We are a recommending body to the city. Meridian City Council May 25, 2004 Page 42 of 59 Wardle: Okay. And just to follow up, Madam Mayor, it seems to me that in that case that the City of Meridian has all the public hearing requirement for that? That -- I guess what I'm saying is we are getting a recommendation from ACHD, but you're not -- you're holding a public hearing -- I shouldn't say that. I'm sorry. You're holding a public hearing, however, it's part of our process to notify the residents affected and incorporate that into our hearings. Mills: Mr. Wardle, it's not your requirement to notice our hearings, it just your requirement to notice your own. It's possible when -- when your public notification is sent out to those people, even though you don't know a date of an ACHD hearing, that something could be put in there that's -- that mentions that ACHD will also be examining this and holding a meeting and for more information contact this number. That's possible, I think, maybe, but Brad is right, when he sends his notification out, we still don't know when our hearing is going to be at this point Wardle: Madam Mayor, just, I guess, a quick comment to agree with the comment that the Mayor made at the beginning of this. While the City of Meridian is not the lead on road changes, I do believe we have a commitment to safety within our city and so just following up with some of those questions of Bruce. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. I guess I would probably go even further. I think it is, as you said, Mr. Mills, and correct me if I'm wrong, it is merely a recommendation from ACHD as to the curb cuts and the locations and the roadways and the like. How the roads are built is what ACHD really has jurisdiction over, but it is the city's ultimate decision on whether or not to agree with those recommendations; isn't that correct? Mills: Mr. Nary, that's correct. Basically, especially in looking at the two driveways in question on the west side Ten Mile, again, they meet spacing wise ACHD policy. The 440 feet away from the intersection for a full access and the 220 for a limited right in, right out access. While they meet our minimum policy requirements, you certainly have the ability to decide whether you wish to keep them or change them. Nary: Thank you. De Weerd: Now, if they meet your minimums on an arterial -- are those arterials? Arterial requirements? Mills: Correct. De Weerd: Okay. And I would like to get back to the north Meridian plan that I have assumptions are still out there somewhere and being worked on, but on intersection improvements, where are we at with intersection improvements in this north Meridian Meridian City Council May 25, 2004 Page 43 of 59 area and can you ask funds to go towards the lighted intersection improvements and have you? Mills: Madam Mayor, at the present time the impact fees that we collect are for projects that are in the 20 year capital improvements plan and I believe there are some intersections -- I don't know how many of them are in the north Meridian plan, but there are several in there and there are also a few roadway segments. Obviously, those were based on a Compass model run that was performed years ago -- a few years ago, anyway, and when Compass updates that model, no doubt they will update the demographics and it will show that north Meridian, obviously, in the last couple of years is growing much faster than they had previously modeled. I believe at that time that they run that model and that we update our capital improvements, which is right now about two and a half more years away. When that is done, that will likely show additional signals and additional roadway improvements in the Meridian area, which, then, will be funded in that particular way. We do not at this present time have any extraordinary impact fees that we are adding on in the north Meridian area. We are leaving some language in our -- in our site specific requirements that says that we are asking that there not be an opposition for developments that are being approved, that they could still fall under some type of an extraordinary impact, but we have not analyzed in any way at this point in time how we come up with those fees and charge them. De Weerd: So, you're saying that in order to do that, you need to wait for an update Compass model and that's two years off? Can they be asked to update theirs sooner than that? Mills: Madam Mayor, the latest schedule that I got for them was that their model would be updated -- I'm trying to get the years right, but ACHD put our capital improvements plan into place in October of 2003, so it would be in October 2006 where we would be looking to update it and I believe Compass is going to have their model done in late 2005 or the start of 2006. That's the latest date I have heard from them. De Weerd: I guess if Brad Watson can forward a request to Gary Smith and the transportation task force or maybe the request can go through our Planning and Zoning representative, but this really needs to be visited and I do believe we still have open- ended conditions in development agreements that state the development would adhere to whatever recommendations came out of the north Meridian plan and that should be certainly a consideration by Council to be added to this development as well. So, anything that is recommended through the north Meridian plan can be participated on by this development as well. I guess that's the only questions I have for you. Is there any further question from Council? Thank you, Bruce. Okay. Is there any further testimony by the public? Okay. Would the applicant like to come up and respond? McKay: Becky McKay. I'll just hit on a few of the key points. Mr. Denny asked about inappropriate uses, such as adult businesses. They were not on our approved list of acceptable uses in any three of the zones. Mr. Crane has been very supportive. I'd like , ! Meridian City Council May 25, 2004 Page 44 of 59 to thank him. He gave us a lot of good comments and he was very pleasant to work with. For the record, I will work with Nampa-Meridian Irrigation District to make sure that the pump station is not located directly across from his bedroom window, because there is some noise associated with them, even though they are in an enclosed building. So, I told him the location on the plan right there at that southwest corner was just an arbitrary location that we would work with Nampa-Meridian to get our actual point of delivery. But I'd like to go on the record that we will make sure that it's not outside his bedroom window. Concern about the C-Stores that's pretty common. That's why I believe we -- that type of use goes through a conditional use process, because there are places that are appropriate, there are places that are inappropriate, and it's always the purview of a city council to determine what is a good location. Also, as Councilman Wardle indicated, the market determines what is a good location. He may be right. This may be in appropriate; it may not be able to capture enough trips to be a preferable site. Concerning Mrs. Wilder and her access, I guess one thing that I looked at -- I did look at her access location. She does have a loop drive, so she is not backing -- having a backing motion onto the arterial. I guess one question I had is when the Wilder's sold their property, which became Hartford Estates as a residential subdivision, but, yet, kept their home on the out parcel, why they did not provide for any internal access when they have a cul-de-sac -- this is one inch equals 50 feet. There is a cul-de-sac it looks to be about 35 feet from their property line and that would have, therefore, allowed a second means of access, so she was not directly fronting on the arterial. And in hindsight, I mean they are a developer, they probably didn't think about at some point in time Ten Mile could be five lanes, but now the realization is here and so I'd just like to, you know, make sure that the Council is aware of -- I can't correct mistakes of the past and we try not to repeat those. Rountree: Promise? McKay: We try. Bird: So do we. McKay: I think these uses are as good as it gets. This property has to have some type of use. We have got to be able to coexist with residential and the sewer treatment plant, as I stated before. I can't think of any better uses than what -- the mix that we have got. We have got a little -- you know, a different variety to appeal to different markets. I don't see this property as developing very quickly, because this area is just starting to grow and we may be a little ahead of the game as far as, you know, a lot of office out here or flex space or something like that, but I think those are the appropriate uses and J think the city recognizes that we have got to find something to put next to the plant and I believe this is -- this is it. Do you have any questions? Nichols: Madam Mayor? De Weerd: Yes, Mr. Nichols. Merldian City Council May 25, 2004 Page 45 of 59 Nichols: Madam Mayor. Becky, did I hear you address Mr. Crane's concern about the pathway and its connection to Ten Mile? McKay: No, sir. Madam Mayor, Members of the Council, and Mr. Nichols, that's Idaho Power property, so I can't -- I can't obligate Idaho Power, I can't construct on Idaho Power property, I can only bring the pathway so that it abuts them. I guess I would recommend that the city talk with Idaho Power. They are usually pretty good about trying to work with the municipalities. Mr. Crane indicated that he had spoken with someone from there and they had indicated they were going to use -- install a lot of landscaping, buffering, making sure that this substation was esthetically pleasing. So, as far as Incorporation of the pathway, it could go across Idaho Power property or it could go on Nampa-Meridian property, because they now own Five Mile Creek in fee simple. We don't have any easements on this, I don't believe. I think that's the property line where their boundary ends. So, there is two options to extend that path, but I don't know what I can -- you know, I can't force Idaho Power to do anything. De Weerd: Brad, has that already been annexed in? Okay. So, they need to come through for annexation and zoning. Hawkins-Clark: Yes. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Becky, on the off chance that Idaho Power doesn't want a pathway running along their property -- I know Mr. Crane was talking about this sidewalk, but there is, obviously, an internal sidewalk here; right? McKay: Yes, sir. Nary: So, why not connect the path right there, as an alternative, if this can't be accomplished, rather than haVIng a path that starts here and ends there and has a no man's land in the middle, why not at least connect it all the way through, since there is a public sidewalk access right here. McKay: Madam Mayor, Councilman Nary, that's correct, you could come down and make that connection there. I think the idea of the multi-use path is it would follow the creek. So, if Idaho Power is uncooperative, I know you guys have worked on agreements with Nampa-Meridian where those pathways go onto their property. I don't know -- so, there is another option. I guess the Council could put some type of a safety factor in the condition that maybe a pathway easement be provided in the event that this outlet cannot be obtained and, then, I guess the parks department, if Idaho Power didn't and build it and wouldn't cooperate, they would have an easement that -- they could Meridian City Council May 25, 2004 Page 46 of 59 construct it and bring the pathway out. I guess that's an option, too. I would think it would be in Idaho Power's best interest to be cooperative and I found them to be quite reasonable. They -- you know, they need to be politically correct most of the time. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I have a question, Ms. McKay. And I'm familiar with the -- or I guess I'll make a statement and ask a question. I'm familiar with the term flex space and my idea of flex space is the single story building next to where our Planning and Zone Department is on Water Tower with office in the front and roll-up doors in the back. Could you further define a contractor's yard for me? McKay: Like, for example, Madam Mayor, Councilman Wardle, like a plumber, they typically have things that are stored, but they have to be stored out of sight, either enclosed or like a yard. Say a heating and cooling company, you know, electricians, they may have rolls of different materials and -- like I said, it's got to be obscured, it can't be visible and I guess you -- I think the ordinance requires that, but if you have concerns, you could always add a condition that in the event that they had materials stored on the site, they would have to be either in an enclosed building or behind a sight-obscuring fence, if you're worried about esthetics. And I think I've had projects where that condition was placed upon it, because I don't know -- I can't tell you exactly who those users are going to be, but I want to make sure that -- that since they are internal, they won't be coming back through the conditional use process, being internal, that we make sure that they provide an esthetically pleasing environment. Wardle: Madam Mayor, thank you, Becky, that's exactly what I was talking about, so -- McKay: Thank you. De Weerd: Any further questions? Okay. Wardle: Madam Mayor -- and just a comment on my comments on the convenience store and I'm going to agree with Keith, mostly because if you look at this development, I live -- or my home is somewhere right there and there are many Saturday mornings where I woke up and wished that the convenience store was right here, so I could get gas for the lawn mower. However, understanding that, I do agree with neighbors that the residential properties which border it on the three sides would make that somewhat of a nuisance to the neighbors and so I -- while I agree with the -- in theory that, that type of use may be nice for some of the residents, it would put other residents, which are directly affected, in essentially, a nuisance zone and so that's my opinion on the convenience store section of this project. Bird: Madam Mayor? Meridian City Council May 25, 2004 Page 47 of 59 De Weerd: Mr. Bird. Bird: And to say that -- you know, I don't think that we are saying that definitely just -- there is going to be a convenience store and a gas station there, it's going to -- a lot like Shawn said earlier, it's going to take what the market demands out there. But -- and it's in a CUP, so they have to come back before the Council to get approval to put it in anyway. I just -- I don't know, I just hate to see that we would tie their hands to get a Fred Meyers or an Albertson's that wanted a gas station. Some gentleman stated that Albertson's in -- on Ten Mile and Cherry Lane was going to get a gas station. They have tried twice and, we have turned it down. They are not big enough. They don't have enough parking lot. So, I think that -- I just don't want to see it stricken as an area that could be explored. And nobody's going to go out there and stick something up that isn't going to be profitable. So, that was my statement on it. And I think that area does need a gas station. I don't know about a convenience store. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I would agree with Councilman Bird as well, that all the Planning and Zoning did, which I don't agree with, is strike that as an option to consider and the CUP as the method in which to address those concerns. I lived across the street from a convenience store, a Circle-K, for nine years. It is not by itself a problem. There can be problems. We have seen lots of good ones built here in this community, like Hark's Corner. [don't think those people having bought those houses right behind Hark's Corner at the corner of Linder and Franklin because it's built nicely, it's done well. It can be done well and that's what the CUP process is for to be sure it is done well. I respect Deputy Borquist's opinion about the type of clientele that some of these draw, but they don't all draw that. They are nice convenience stores. There are lots of them in lots of areas. Some of the older ones do front rental properties and trailer parks, as was stated, but rental parks and trailer property is not bad people. So, you know, to have the option to consider it in the future, I don't have a problem with that. That's the purpose of the process is to make a determination at the time they ask for it, whether or not it was appropriate. The people that -- on those three corners have fences -- if my recollection is right, there is fences on everyone of these properties that are on that corner -- if you have that other picture up, Brad. On that this -- there is a fence that runs all along this property on both sides. There may be an opening in the fence, but there is a fence on both sides. There is a wall on this property on the corner and right now there is a single family home on the corner, but there is fences all along here. I mean this is not like this is some invitation to mayhem and crime in this corner just because there is a C-Store there or a gas station two years, five years from now. Councilman Bird's right, they have turned down the gas station at Albertson's at Ten Mile twice in the last eight years. So, you know, for this area, with the growth and development there, that is at least a reasonable use to consider at some point in the future. Everything else -- this is great. We asked these folks with this property to do something else that they had tried. We turned it down; they came back with exactly what we asked them to do. We Meridian City Council May 26, 2004 Page 48 of 69 asked them to come up with flex space, we can make some changes, as Mrs. McKay suggested, regarding making sure that any contractor type of yard is in an enclosed building or in some covered space or site obscuring space in the rear of the property. I think I do agree with Councilman Bird, though -- and I don't know whether or not we need to continue the plat, but I can't agree to that right in, right out driveway 220 feet from the corner. But other than that, this is a good project and this is a good option for this project to consider at some point in the future. If it doesn't work and all of those neighbors come back and the Council, whoever is sitting here at that point in time decides not to do it, that's the risk the developer takes. They know that. But just to wipe that out now just doesn't make any sense. De Weerd: Is there any further comments? Rountree: Nothing left more to say. De Weerd: Okay. Hawkins-Clark: Madam Mayor? De Weerd: Yes. Hawkins-Clark: If I could just point out for the record and for the public, that the way that the development agreement is worded, that the hours of operation in the I-L and L-O areas would be restricted -- now I just lost it. Oh, there it is. 7:00 a.m. to 10:00 p.m. in the I-L and L-O. That is the way that it's worded and I believe they are in agreement with that, but just -- that is the way that the condition is worded right now. It does not address the corner, the C-G, but it does address the rest of the project. De Weerd: Thank you, Brad. Okay. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Nobody else has anything to say, well, I would move that we close Items 17 and 18, the public hearings for McNelis Subdivision by Falcon Creek, LLC. Nary: Second. De Weerd: It's been moved and seconded to close Items 17 and 18. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Is there any further discussion or is there a motion that anyone would like to make to consider? Meridian City Council May 25, 2004 Page 49 of 59 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the annexation would we close the road at that time or that would be under the preliminary plat? De Weerd: Oh, Mr. Nichols. Rountree: Mr. Nichols. De Weerd: I thought you would just talk without it. Nichols: Madam Mayor, Members of the Council, what you have done in the past is if you're going to require a condition, such as limiting the number of accesses from the arterial, that you do so in the annexation and zoning requirements, as a condition that would be included in the development agreement and that would be part of what you would do there. So, if there -- if you're going to eliminate an access, then, you would do that in the annexation and zoning. And also you would also want to address the issue of -- if you're going to restrict uses, I'd also recommend that you restrict them in the annexation and zoning. De Weerd: And if they were to add a condition regarding the north Meridian plan conditions. Nichols: Yes. De Weerd: All under zoning. Okay. Or annexation and zoning. Bird: Annexation and zoning De Weerd: Right. Were you making a motion or-- Bird: No. I was asking a question. De Weerd: Is Mr. Nary making a motion? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I would move the approval of AZ 04-004, the request for annexation and zoning for McNelis Subdivision, to include also in the development agreement a couple of additional conditions that the access point onto Ustick that was right in, right out as shown on the preliminary plat be eliminated, that there be a pathway easement for Meridian City Council May 25, 2004 Page 50 of 59 connectivity between the north and south point of the pathway on the northern part of the property line, that the additional conditions is that on the I-L properties, that if a contractor yard is constructed, that the materials must be either in an enclosed building or behind site obscuring fences in the rear of the property and that the convenience store and gas station be included as conditional uses that can be considered for the C-G zone on the -- on the corner of Ten Mile and Ustick. Does that cover all the conditions? Is that the area we should cover, Mr. Nichols? Nichols: Madam Mayor, Members of the Council, Councilor, I believe you said Ustick instead of Ten Mile. Nary: You're right. You're correct. Told from everybody. It was right in, right out on Ten Mile, not Ustick that would be removed. Rountree: Cross-access. Nary: And that -- thank you. And that there be cross-access between the commercial properties and the L-O properties that abut the rear street. Bird: And if -- would this include if -- in a contractor's yard that any company vehicles, lettered company vehicles and stuff, be behind fencing or enclosure, too, so that they are not out in the public view? Nary: Overnight. Bird: Yeah. Nary: Right. Yes. That all of the -- all types of company vehicles and equipment would be also behind sight obscuring fencing in the non-working hours. And I think that's -- I think that's all of those. Bird: I'll second it. De Weerd: Okay. As long as you don't ask me to repeat that. Is there any further discussion or questions? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just discussion. I agree with the motion almost in total. The one part that I can't agree with and, obviously, I have expressed it before, is the convenience store, so -- De Weerd: Thank you. Meridian City Council May 25,2004 Page 51 of 59 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A question on the cross-access. Is that to all lots? Nary: You know, at this juncture, yeah, I would say to all lots, because they are going to have to decide exactly where the lots are going to be, so if that won't work, they are going to have to come back and ask for it to be amended, so yes. Rountree: Thank you. De Weerd: Okay. Any further discussion? Ms. Deputy Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, nay; Nary, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Thank you. Okay. Item 15. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I'd move the approval of PP 04-004, the preliminary plat for McNelis Subdivision, with the appropriate changes in regards to the plat regards to the right in, right out access on Ten Mile and for the plat, Mr. Nichols, is there -- do the other conditions need to be present as well that we added to the development agreement or just the driveway? Nichols: Madam Mayor, Members of the Council, and the cross-access. Nary: Oh, and the cross-access. Thank you. The cross-access also be to all properties adjacent to commercial property on the corner as well. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item 16. Any further discussion? Okay. Mrs. Deputy Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, nay; Nary, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Thank you. Okay. And Item 16, CUP 04-004. I'm sorry. Item 18. We just did both of them. Okay. [just wanted to remind staff, if we can make comments on the Meridian City Council May 25, 2004 Page 52 of 59 updated Compass model -- or model and the transportation task force, as well as if we can also put some kind of notification that transportation meetings will held at ACHD and to have a contact number or a website. If you could work something out in that between Planning and Zoning and the clerk's office, that would be very appropriate. I guess I did not know that the public was not noticed on those hearings. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If I might make a comment to staff. I applaud you and appreciate your comments on traffic in this particular application and more of it would be appreciated. De Weerd: Here. Here. Nary: Nothing more needs to be said. Item 19: Public Hearing: PP 04~003 Request for Preliminary Plat approval of 2 building lots on 2.7 acres in an I-L zone for Cafarelli Subdivision No.2 by Shawn Fickes - 1950 West franklin Road: De Weerd: Okay. Item 19 is Public Hearing PP 04-003. I will open with staff comments. Hawkins-Clark: Thank you. This application does just involve the one -- the one request and that is to re-subdivide an existing lot in Cafarelli Subdivision. Cafarelli Subdivision are the three lots that front franklin just about a quarter mile -- excuse me -- about a quarter mile west of Linder Road. The Sanitary Service Company and Meridian School District have this property immediately to the west. There is all industrially zoned land surrounding this. It is already annexed in and is zoned light industrial. They are not proposing any changes there. The request is to basically just do a split of the lot into two buildable lots. The property does have -- does show a shared access ingress- egress easement here on the east boundary with the existing building and lot that's there. There is, as you probably well know, a private -- about a 50, 55 foot wide road easement that is constructed by the school district to serve their bus facility here and what the application -- or the Planning and Zoning Commission is recommending to you is that -- that there only be in the future one point of access, possibly, to that roadway and that would be this 25 foot wide easement that you see graphically depicted here between the two lots. However, as was testified at the Planning and Zoning Commission hearing by the applicant, Mr. Bigham with the school district, they have had conversations, they really don't know exactly, is my understanding, of whether this will become public or not. It think he envisions it will. Until there is a final determination on whether this is going to be public or not, the recommendation is to close off the access until some agreement is made in the future between all the parties as to how this will be utilized, if there is a signal on Franklin, et cetera. So, at this point they are showing a 20-foot wide easement all the way up the whole west boundary adjacent to that Meridian City Council May 25, 2004 Page 53 of 59 roadway. That would be, basically, a landscape easement and this 25 foot cross- access for future potential access there. Until that point this shared driveway would be used between the two lots. Eight Mile Lateral does run on the north boundary of this property, which has a pretty good size easement on it. That's to be left open. So, I think those are the main highlights that staff has to offer on this one. De Weerd: Thank you, Brad. Any questions? Okay. Is the application here? Kevin, were you already sworn in? Amar: I am not. De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Amar: It is. De Weerd: Thank you. Please state your name and address. Amar: For the record, Kevin Amar, address 114 East Idaho, number 230, in Meridian. I am here representing Cafarelli Subdivision NO.2. As Brad stated, it is a simple lot split or we are requesting a simple lot split. We have read and understand the conditions of approval that are being asked of us and we do agree with those conditions of approval. Some of the items with respect to the issues that Brad had raised, the access to this site currently is using the existing access as was approved with Cafarelli Subdivision off of Franklin Road. So, we are not requesting any new accesses, in fact, using the existing access that is currently being used by Regal Industries. Also, with respect to the road on our western boundary, it is not known at this time when that road will be public and we understand until it becomes such, we have no right to access that. For that reason we are putting a landscaping strip -- actually creating an additional lot -- two additional lots, one in this location and one in this location, for the express means of landscaping, understanding that in the future we can -- we can access that roadway when and if it becomes public. So, that is looked at, so there will be -- there will be access. Other items we are comfortable meeting or wanting to do two uses that are allowed within this -- within this zone and asking for a simple lot split. De Weerd: Thank you. Any questions? Mr. Nichols. Nichols: Mr. Amar, is this property where the overgrown weeds in the landscape is along Franklin? Is that where this is? Amar: If you can call them weeds. There are big trees. Nichols: And there is a bunch of grass. It's not a well-maintained landscape. Meridian City Council May 25, 2004 Page 54 of 59 Amar: Not well maintained. No. And it was the last lot within Cafarelli Subdivision, so it has become the dumping yard of anything and everything out there. It definitely needs cleaned up. Nichols: Since I drive by it several times, I notice there is a lot of concrete debris and -- you're going to maintain the landscape strip along Franklin there? Amar: Well, we are going to improve it It needs -- it needs developed at this point. If you want any fill, you could -- you're welcome to run out there and -- Bird: Help yourself. De Weerd: How generous. Amar: And that offer is extended to any of you. Rountree: It's free. Nary: When he says any of you, he means anyone in the City of Meridian. Amar: Yeah. Nary: Not just the seven of us sitting up here. Amar: That's correct. De Weerd: Doug, do you need any dirt? Amar: Well, we don't have any of that. It's just all concrete. Bird: I was just going to say -- De Weerd: Oh, concrete. Bird: We haul that stuff off. De Weerd: Okay. I'm sorry. Is there any further questions? It must be late. Amar: Not as late as it could be. Thank you. De Weerd: Is there anyone else who would like to provide testimony on this item? Okay. Any further comment, questions, soap box statements? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Council May 25, 2004 Page 55 of 59 Bird: Nobody's yelling out, so I'll move we close Item No. 19, Cafarelli Subdivision No. 2, PP 04-003. Rountree: Second. De Weerd: It's been moved and seconded to approve this item. Is there any further discussion? Bird: No. No. Close the hearing. De Weerd: I'm sorry. Close the Public Hearing. Am I trying to move this along too fast? Rountree: Give us another 30 seconds. De Weerd: I'm sorry. The motion was to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we accept the preliminary plat for Cafarelli Sub No.2, Item No. 19, PP 04-003. Wardle: Second. De Weerd: Okay. It's been moved and seconded to approve Item 19. I am sure of that motion now. Mrs. Deputy Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 20: Ordinance No. Commission Ordinance: Parks and Recreation De Weerd: Okay. Item 20 is Ordinance 04-1080. Would the Deputy City Clerk please read this ordinance by title only? Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1080, an Ordinance of the City of Meridian, Idaho, repealing Chapter 2, Title 2 of Parks and Meridian City Council May 25, 2004 Page 56 of 59 Recreation Commission of the Meridian City Code, providing for conflict, validity, savings clause and providing for an effective date. De Weerd: Thank you . You have heard the ordinance 04-1080 by title only. Is there anyone who would like hear it read in its entirety? Don't say yes and leave. Nary: We can reconsider the last one. Nichols: Madam Mayor? De Weerd: Yes, Mr. Nichols. Nichols: Madam Mayor, I would ask that in the motion to approve that we amend the caption to include the words and reenacting a new Chapter 2, Title 2. I missed that in the draft. I'm sorry. De Weerd: Council, I guess I had -- we had this in front of us in a pre-Council and I guess I just had a couple of questions and -- or items that I would like to hear some discussion on. The first one would be in item 22-1-B4, which on page two, and that's talking about ex-officious and this is where they chose to move the youth representative and make it a non-voting and I didn't know what the purpose was for making the youth member a non-voting member. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Let me ask you a question, Mayor. Is that the last one? Because we got one that we didn't discuss before pre-Council and, then, we got another one and I'm quite shocked that it's on the agenda. We got another one that was -- and I have not had a chance to go through and see what the changes were on the -- on the second one we got from the attorneys. We just got it the end of last week, I think it was, wasn't it, Tara? Green: I believe it was May 14th that we received the latest one. Bird: May 14th. Nary: Madam Mayor? De Weerd: Yes. Nary: And maybe, Mr. Bird, maybe we should set it over. The direction -- and I could be wrong, but my recollection was the direction after pre-Council was we made the recommended changes and said put it on the Council agenda, so that is why it's there. But we have had some technical difficulties accessing the information this weekend, so I mean maybe it would be better to set this matter over and -- to give us that time. Meridian City Council May 25, 2004 Page 57 of 59 Bird: Well, I think the Mayor's got a couple of good points and [ don't -- can't remember if that's what -- there was a couple of little changes and I can't remember if that was one of them. Why get a youth on there if we are not going to let them vote? I want their voice. I mean I think they -- I think they got every right to have a voice. De Weerd: Well, since we have not had the opportunity to take a look at this in complete -- in total, why don't we continue this until next week. We will just put it on next week's agenda and bring your comments and -- Mr. Nichols? Nichols: Madam Mayor, Members of the Council, I think the only change that was made -- and I -- ] believe this is it -- it was on page two in item three, we changed the wording with regard to membership on the Parks and Rec. Commission of a resident of the area of impact. We had before may include a resident of the area of impact, but in the proposed agreement that we forwarded to Ada County, which is modeled after the Boise city, Ada County agreement with regard to collecting park impact fees, that agreement requires one membership from -- at least one from the area of impact. So, I did -- I did make that change before it came back to you, but I think that should be the only change. I think the rest of the provisions were as before, we just simply cleaned up the comment language and took those things out. But, you know, we invite, you know, whatever scrutiny you want to give it and whatever changes you want to make. De Weerd: Yeah. And I appreciate that. I think when it was on the pre-Council, there was still the question as to what the county would ask for, but also I think there was some cleaning up and taking some stuff out, blue and red and stuff like that. So, this is the first time we have seen it in black and white and I believe it was the direction of Council to get the blue and red and stuff out, to have it in a more readable form, and so it is appropriate that we just continue this until next week. I'm sure Mr. Wardle and Doug Strong would probably have liked to have reported on this tomorrow tonight at the commission meeting. Is that tomorrow night? Oh, that was last week. Where I am? Wardle: Madam Mayor, typically, the second Wednesday of each month, so -- De Weerd: Okay. Well, they can report on it next month, then. Bird: A least that's what it's been for six years. Nary: Madam Mayor? De Weerd: Yes. Nary: I was going to say on the youth member, probably the one area that -- and the youth members on the Boise commissions, the one area that they have found the most success in having a voting member is the parks commission, in having the youth members. So, it, actually, has been by far the most successful and Mr. Hall, the parks director -- I'm not speaking for him, but I think would echo that. He's said that to me Meridian City Council May 25, 2004 Page 58 of 59 more than once, that they found that to be a valuable member of the commission was the youth member. So, I would agree that it doesn't really make much sense to have that position and not have them be a voting member. Bird: And their commission is so successful. It's been so successful. Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I'd like to ask Mr. Wardle if he knows why they didn't want that youth to be a voting member. Wardle: Madam Mayor, Mr. Bird, I do not recall that being addressed and I'm going to defer to Director Strong to ask if he remembers that specific discussion. Strong: Madam Mayor, Members of the Council, please, restate the question. De Weerd: Go ahead. Wardle: Doug, we have a question as to in the previous ordinance, the youth member was a voting member and in this current version is not. I couldn't recall a specific discussion. Strong: I believe that's correct. I don't think there has been any discussion about youth member participation in the past at all. I don't recall whether it's even addressed in the previous ordinance or not. I think there is a clause that there may be a youth member. I believe that's the way it's stated. De Weerd: I guess-- Bird: Thank you. That answers mine, Mayor. De Weerd: -- it was in the recommendation by the commission and it has been stricken and, then, put somewhere else in a different way. So, it had been in there. Anyway, we can discuss that next week and -- Wardle: Thank you, Madam Mayor, and I was just going to suggest that we do hold this over and I know that from the commission's standpoint, just to report back to you, they are anxious to see this, but -- to see it approved and passed. However, they would like it done correctly, so that they can -- they can really utilize it to benefit the city. And with that -- I'm sorry. Mr. Nichols. Nichols: Madam Mayor? De Weerd: Yes. Meridian City Council May 25,2004 Page 59 of 59 Nichols: Madam Mayor, Members of the Council, if we could -- if you come next week prepared to tell us what changes you will make, then, I will come back with a clean one and we can clean up the title and have it a week later. So, rather than me cleaning up the title and, then, revising it again, if you choose to change some of the language, I'll just leave it alone for now and you can tell us next week what changes you want to make. De Weerd: Okay. Sorry. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I would move with that that we continue Ordinance No. 04-1080 to June 1st, 2004. Rountree: Second. De Weerd: Okay. It's moved and seconded to continue this to next week, June 1 st, 2004. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. [would entertain a motion to adjourn. Rountree: So moved. Nary: Second. De Weerd: It's been moved and seconded to adjourn. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:07 P.M. ATTEST: (TAPE ON FILE OF THESE PROCEEDINGS) S~~~ 't!1 MAYOR T MY DE WEERD \\\I\llllllll/1I1 \\\ M~. 'It '\\\~f Of ,cRlb 11/1 ,,\ ....:-.., -~4 ~;, ~ c).... ~OR t--v "~.... ~ ...cP' filr(: ~ ~ ~ 6 ~ 2 ~ G / !fJ/C4-- DATE APPROVED - Q. '\" 0 ~ ~"7.A u,sr 1C:\ ' ,';~ :..:~ ~ 'V v !~<".,~ "'"... ~ C 'f)' ,,;...' ....1;; OU'\lT'{, ,,\ III d .. ,.,\ liJ;li...j; ~i\"'\\\ May 20, 2004 MERIDIAN CITY COUNCil MEETING APPLICANT May 25, 2004 ITEM NO. 8 REQUEST Discussion of Area of City Impact 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: ~ # C '0,,":3 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs shall become property of the City of Meridian. May 20, 2004 MERIDIAN CITY COUNCil MEETING APPLICANT May 25, 2004 ITEM NO. ~ REQUEST Sewer Service Discussion by Ralph Perez of Briarwood Corporation 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: s-cO - st \)S \J\ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. May 7, 2004 MERIDIAN CITY COUNCil MEETING APPLICANT May 11, 2004 ITEM NO. ~ REQUEST Sewer Service Discussion by Ralph Perez of Briarwood Corporation 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: ~dJ <"c()ILS . dAd 1bl/ ~'] ~1/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. . . - - ~- .. . --. .......- 1- - - Briarwood Corporation 8970 W. Duck Lake Drh'c, Boise ID 83714 April 29, 2004 RECEIVED APR 3 0 2004 c~ ofMeriditm. CitY Clerk Office Mayor and Council City of Meridian Meridian. ID Re: Sewer Service agreement Dear Mayor and Council, We would like to request a hearing before the Mayor and Council, perhaps at the May II pre-council meeting. On behalf of the Eagle Sewer District (unaffiliated with the City of Eagle) and ourselves, we are proposing ajoint agency-to-agency agreement for sewer treatment. Within the Sewer districts area of service there is approximately 350 acres of undeveloped land, which cannot be serviced now or anytime in the foreseen future. However, the City of Meridian has trunk I ines in close enougb proximity to provide service to this area. We understand that the primary responsibility of the city is to provide for its own area of service, and that available additional capacity would have to be determined. The area in question is located in Eagle City's Area of Impact and is designated for no more than one unit per acre ofresidentiaJ development, a very low density. Another understandable concern that may arise, would be setting some kind of precedence for the "City of Meridian" providing sewer outside its own area. We believe the nature of the agency-to-agency agreement would remove this concern. The Eagle Sewer District and the City of Garden City have similar agreements with the City of Boise, which have worked well for many years. We understand that any costs associated with detennining capacity and/or actually hooking into your system would be our responsibility. Thank you for your time and consideration in this matter. Jf you require any additional infonnation, please feel free to contact me at (208) 76]-4342. You may also correspond by mail to 8970 W. Duck Lake Dr. Boise, ID 83714. ~'Y' 0 {1/ RalP~ ~ Vice President, Briarwood ~ ~ APR 29 '04 15:54 208 322 5954 PRGE.02 . r r"'~.J,.,I' . '11:::', 1II:::'..E.o 1- - - Briarwood Corporation 8970 \VJ. Duck Lake Drive. Boise lD 83714 Mayor and Council City of Meridian Meridian, ID RECEIVED APR 3 0 2004 Cjty ofMerldian CitY Clerk Office April 29, 2004 Re: Sewer Service agreement Dear Mayor and Council, We would like to request a hearing before the Mayor and Council, perhaps at the May 11 pre-council meeting. On behalf of the Eagle Sewer Dislrict (unaffiliated with the City of Eagle) and ourselves, we are proposing ajoint agency-to-agency agreement for sewer treatment. Within the Sewer districts area of service there is approximately 350 acres of undeveloped land, which cannot be serviced now or anytime in the foreseen future. However, the City of Meridian has trunk lines in close enough proximity to provide service to this area. We understand that the primary responsibility ofthe city is to provide for its own area of service, and that available additional capacity would have to be detennined. The area in question is located in Eagle City's Areaoflmpact and is designated for no more than one unit per acre of residential development, a very low density_ Another understandable concern that may arise, would be setting some kind of precedence for the "City of Meridian" providing sewer outside its own area. We beljeve the nature of the agency~to-agency agreement would remove this concern. The Eagle Sewer District and the City of Garden City have similar agreements with the City of Boise, which have worked well for many years. We Wlderstand tbat any costs associated with determining capacity andJor actually hooking into your system would be our responsibility. Thank you for your time and consideration in this matter. If you require any additional information, please feel free to contact me at (208) 761-4342. You may also correspond by mail to 8970 W. Duck Lake Dr. Boise, 1D 83714. 4Z'Y. 0 e/ Ral~ ~ Vice President, Briarwood k ~ /:;v;I! f 7ah1P7-~ --- - ~It- W~ b~ ~ IK- {/yv 1M- fha'd 11~fr1l(.rVvtYl~ t'{ ~ k d/(fG,f,t.J6J, ~~ RPR 29 '04 15:54 208 322 5964 PAGE. 02 C) c: .- c.. 0- ra :E z~ ifJf' >l'! .... Q,) c: .... (1) .... c: - ~ c: :::J o o ra 't:S <C '" 1 Z :z: .-I' f~ lC) Ci i";I " t'f) 'o:t ^e :i Co /. - Il) M N . to T""' T""' .... .!ll c 1~" !~' l~_ ~ " .' : <<i Ciii' "'" g:,~-g 2> .E_~:~ ~e:3~ ~ 8z ~ ~:2 ; 'ij]..,!;:(~ OJo(!) :::5 -[<:;58 g- ~~ {g ~ ~o: i <Il00 E >o,LL EE51m - Q.(J) oW ~"';:Il'l Ew"'" E "'In 0 g€o= "5 <:;1-- '" o.ol--E 8m~! .9 ~(I):;S $~n:g ';E~g ~f!co:O- ED: ~:c ~ ffi.!! r: g- en.!!!.!!! E ~ ns..c It} wCl.!!!:c ~~~:: <:",0 .21 0.., '!;;; a. 2n~: ,g ~C"''' ",l!!,s~ ~~5~ ~ .. ,$ 0 III .., s ~ 8 .. ~ 15 ~<i ~ .. .r;. D b /. ~ .l:> "" ~ 0:1:; ~ ~ .. ~ U .D lQ ...~... "8 c c a15 .. c .. ~ 15 o~ ~ ~~m ~ D "" ~ .. .. ~ .. r;;a a u .r;. ~ ~ i -: !i "C :z: ~ow ~ .. u .. .. :II z :E ~ u" ... _ 0 fIl (l] Q,. u <!) w .. ~ 'X 'X"" 'X II! I-JOO 000000 , r. ~. :r ~j J~ t"' ~ \s\Pi /~> '7 ,'->-ot '-5. ~..g &~ rJ.l ~ ~ .- ~ .~~ \f.J; .I # a.. -1 0.. . .' , 0 - ~ ~ = S = C'.l Q:l ~ ~ <F'"" D :;:,- ~ g <( 0 ..!EM :.E ~ ro..-- om (1)"-- 0 a.:: ro ~..-- Page 1 ATTACHMENT "A" - Agreement for Engineering Services North Chin den Independent Parcel Flow Study J-U-B # J-U-B's understanding of the project includes: 1. Investigating (or Estimating) the hydraulic impact of adding 3 parcels (study area) (approximately 240 acres) as shown on Exhibits 1.1 and 1.2 to the City of Meridian's collection system. This analysis will include: Option 1 - Service to all (3) parcels with LS on Linder Road. Option 2 - Service to (2) eastern parcels with LS on~ _ I'D parceL Master planning services beyond the study area will not be provided. -;v- 2. Providing an opinion of probable construction cost for the off-site sewer improvements, both options. SECTION 1 Client Information and Responsibilities: The following data and/or services are to be provided by the OWNER without cost to J-U-B. 1.1 Provide ongoing review ofthe J-U-B work and timely consideration of issues at a time acceptable to both the OWNER and J-U-B. 1.2 Provide conceptual layouts and improvements ofthe parcels, 1.3 Provide land use information for the parcels. 1.4 Secure written approval from the City of Meridian Public Works department to use the Meridian 2003 Sewer Master Plan HYDRA model and base mapping. 1.5 Serve as a liaison with the affected municipalities and sewer districts. SECTION 2 Services to be Performed by J-U-B: J-U-B shall furnish services specifically limited to the following: 2.1 Base mapping J-U-B shall purchase digital color ortho-photography in the study area as produced by COMPASS. Two sections are anticipated. CD's will be given to the OWNER at the end of the project. J-U-B shall prepare base mapping using the available aerial topographic mapping in the study area including the portions ofthe collection system in the draft 2003 Meridian \\Boisefiles\public\ProjecIManagers\SL8\ Temp Page 2 Sewer Master Plan. Mapping beyond the study will not be provided lIDless available with the City's Sewer Master Plan Model. 2.2 Assumptions and Evaluation of Flow Conditions. J-U-B shall use the OWNER provided zoning and land use information and aerial mapping to estimate the ultimate future flow that may potentially discharge to the receiving sewer from currently undeveloped areas. Assumptions in this determination are as follows: III per capita flow contributions from parcels will be computed using parameters used in the 2003 Sewer Master Plan Update and resulting peak flows will be added to the HYDRA files at the Chinden Trunk at Linder Road. E These peak flows from undeveloped land will be added in HYDRA to the current modeled peak flows to determine the modified peale flows in each sewer segment. J-U-B shall use the OWNER provided information to generate and evaluate: III Estimated ultimate peale flows generated from the parcels in both options 1 and 2, III Estimated incremental flows in the Meridian system considering both options, III anticipated depth over diameter (dID) impacts in each sewer segment from the receiving manhole on the Chinden Trunk to the WWTP> and . Anticipated reserve capacity impacts in each sewer segment from the receiving manhole downstream to the WWTP. Analysis shall be conducted using Meridian 2003 Sewer Master Plan HYDRA model. Evaluation shall be based on flows as published in the 2003 Sewer Master Plan Update. 2.3 Opinion of Probable Construction Cost J-U-B shall prepare an opinion of probable construction cost for off-site sewer improvements for both options as shown in Exhibits 1.1 and 1.23. These opinions of probable construction cost for each alternative will be provided in enough detail only for general comparisons and planning purposes. \IBoisefileslpubliclProjectManagerslSLBITemp Page 3 2.4 Letter Report and Exhibits J-U-B shall prepare and submit 5 copies of a briefletter report describing the methods, assumptions, and resulting impacts to the collection system. Additionally, an opinion of probable construction cost spreadsheet and modeling results including dID and remaining capacity will be attached to the letter report. Two drawing exhibits will be furnished for a graphical representation of the options. 2.5 Additional Services J-U-B will be available for consultation with OWNER regarding City comment and review of the modified model. This shall be on a time and materials basis. It is anticipated that a half day or less will be required. SECTION 3 Basis of Fee and Billing Schedule The OVVNER shall pay J-U-B for its services and reimbursable expenses as follows; Items 2,1 through 2.4 on a lump sum basis for $ 8,249.20 Item 2.5 on a time and material basis for $ 778.80 TOTAL AMOUNT: $ 9.028.00 The basis for calculation of fees is presented in Attaclunent "B". \\BaisefileslpublicIPrajeclManagers\SLB\ Temp tv tvtvtvf'.> "tl .. '.l:>- l...:> N '-" Wt B b1 [ * C li1 ~ ~~1f,'~ ~ $- ~. 0- :% _, (/l (/l 'Z. 0. '3 E=. ~ %,~ (\> ~ :f 0 iO::l-o~ ~ ::l ;.<. 5' W ~ (\> 0 5'~ 0 -0- -0 cP 0- C/) o O::l -' TTI (,.) 0 (\> ?-o(})::l ~ :2 \ll(/l\l)tO s:- o g ::l....::l (/l 0. P. 'Z. S- ur ~, 12 ~ .:!' ()) -g. - '::i 0 ~ 0 ~. .... ~ g. ~ ~ ""' g Cil a. -..-' 0 .::;: ::l ::l 0" g, ~ c. .... "Ii (/l ~ III ..., C .... 0 Z- '3 g () 5- ~ C"- O -0 ~ 1J; (/) """ S ~ (II c. ~ S '? 0 0 0 Ut C;n ~ 0 0 .... .> 0 000 ~ ~ ~ ~~i;5 0 0 CO CP 0 tv-".l:>-O ~ ~ b1 bbb~ 0 000 z 0 ~ ~ (') :t % ~ -g. Z ; 0 tl) ~ (') ~ 0 ~ c. :r. ::l 0 ~ ~ ~ ~ - """ ~ "'0 -l ':;$ ~ tP 0 (') tT\ r- "T\ b ~ ~ c S. :t o S ,;;[ ~ ~ f"" ~ o " ~ o ~ c: ::0 ~ z ""'" o ~ ~ f"" -Yt g .l:>- W -" b to 0 5' (\> U; ~ ~;;' CP ::l 0 b IP -' to(\> 0 (\>~ ""' 't; ~ -" b 0 {fl n ~Q (\> IP .... ~g' b 0 (\>to <:1- ;:r -Yt 9 .... tfl (\> .., b ~ 0 g 0 :i- lI'J U;* ..... -\ -\ 0 IP $" ()) ~ 7' t-) tv -" .... (::) 0 g b 0 0 0 ..;. .> ....0 t-) ~ oN tJ'\ 00' $ ~ ~ 0 0 '0 b 0 0 -YtY'l-Yt-Yt ~ ~ tfl~N"" ~ "0 ".... .t:> -~ ~~ -l .l:>-.l:>--".l:>- -~ (jJ \.O....(jJo Co i;5~'t~ CO 0 May 20, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT May 25, 2004 ITEM NO. 6 REQUEST Proclamation for American legion Poppy Day proclaimed Saturday, May 29. 2004 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DE?T: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. i RECEIVED MAY 1 2 200~ , {i~irfP.~~ . ~ P r CITY OF ~~" ':~. L/VLerzdian ID,\HO ". .......< r, 'fc_\ l!;",t ~ . J :1.:15.'\ fU,t Tw-: 1.-"';"\ tiE \- c"\l-. MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William 1. M. Nary Keith Bird Charles M. Rountree Shann Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/ fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/ fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/ fax 898-9551 - Building 660 E, Watertower Lane Suite 150 887-2211/fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/ fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/ fax 884-1159 '....ex, ." " '.' V l /7 City of Meridian City Clerk Office I ::iI/leE t, ':903 May 11, 2004 President Kay Vallerie Commander Paul Vallerie American Legion Unit #113 22 West Broadway Meridian, ID 83642 Dear Kay and Paul, Thank you for including city officials in your efforts to recognize those who have served our nation. I would be more than willing to help the American Legion and American Legion Auxiliary honor our brave men and women by wearing the poppy you recently sent. I will read the proclamation declaring Saturday, May 29 as American Legion Poppy Day in the City of Meridian on Tuesday, May 25th during the City Council Meeting at 7:00PM. I would be honored if you and/or your members could be present for this reading. As well, I would be pleased if you would lead us in the pledge to our flag at this same meeting. Thank you again for your letter. I have passed the poppies on to the city Council members for them to wear on May 31st. Please let me know if you can join us at the meeting on May 25th. Best regards, ~a-- Mayor, City of Meridian CITY HALL 33 EAST IDAHO AVENUE IvIERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK-F.\X 888-4218 KU~I'\N RESOURCI'.S-E\X 884-8723 FINANCE & UTILITY BILLING-FAX 887-4813 ~IAYOR'S OFFICE-FAX 884.8119 ~ -0 ~ e ~ ~ ~ ~ ~ o 0 ~A ... ~ 0\-0 ~r-\ ~ 2: ~.:.B A .... ... \--\ ~i ::.~ ~ 0 rfJ. ~ ..... ~ u ~~ e ~ ..... ~ ~ .... -U ~ o i:lS ~A ~t: ~ ?--\ ~~ ~ ~ ... 0 -0 ..... \.-I tlI) ~ ~ ~~ ~ ~ ~..... u ~ 'C e 6) e e ~~ .. ~ ~ ~ ~.. .~ ,-~ ... \--\ o ~ ~ ~ e Q) "S '.:1\ Q! ,.. C. ,:n I~ \:.:: I.... 1'1< ,a Ic::.~ I ,S ::;. ItSl~ ~ICl- 1-.... I c::. c::. I 'g-:;j ~ ~I. '\'-' ..; ,~ ~ ';> .~ i 't; o p. ,.. IQ! ~\1 \% \s \ c:. \0 ~r~ \ c:. \ r;\l \ c;l ~~\! ~ .% ~ 1 p. Amurican lQ i/i~ifr~18~~~~^~""- May 4, 2004 Mayor Tammy de Weerd 33 East Idaho Avenue Meridian, Idaho 83642 ~l 0 6 'F'~4 .~i1f{,\"()l^r~. (jI~1rlCE C~T}~ OF~..tr:~~...:,~ :)!L\:~! Dear Mayor de Weerd, The nearly one million members of the American Legion Auxiliary, the world's largest patriotic service organization of women, are asking every elected and appointed official at the local, state and national level to wear a poppy on the observance of Memorial Day, Monday, May 31,2004. Your poppy is enclosed and we ask that you wear it in honor of the millions of Americans who have willingly served and who are currently serving our nation, all too many of who have made the ultimate sacrifice. Additionally, I am asking if you will declare Saturday, May 29, American Legion Poppy Day in the city of Meridian. A proclamation is enclosed for your consideration. American Legion and American Legion Auxiliary members will distribute poppies on Saturday, May 29, 2004 in front of D and B Supply Company on Fairview Avenue in Meridian from 10:00 a.m. to 4:00 p.m. The poppy also honors the hospitalized and disabled veterans who make these red, handcrafted flowers. The poppy continues to provide a financial and therapeutic benefit to those veterans who construct them, as well as benefiting thousands of other veterans and their families by the revenues collected from poppy distributions. In the battle fields of Belgium during World War 1, poppies grew wild amid the ravages of war. The overturned soils of battle enabled the poppy seeds to be covered, allowing them to grow and forever serve as a reminder of the bloodshed of war. We still recognize the sacrifice of our veterans and those serving our country today. Please help the American Legion and American Legion Auxiliary honor these brave men and women by wearing the enclosed poppy on Memorial Day. J look forward to your response. Thank you. Sincerely, ./ I ..:.~~~ "t,: ~~Legion Auxiliary Unit #113 President CZ;J-.yU~ , Paul Vallerie, American Legion Post #113 Commander 22 Wast; Broadway Meridian, Idaho BS642 Cfflander's Cffteld 9n C;}landers 'i1telds the popPies blow !Between the crosses, row on row 'Ghat mark our place; and in the sky <0h~lfl)st" i,b;rave~t fl., {" ........."... (!)catt ':,;,g:g?1qU]U'~~l;f1Mltn;)'tneJoe;...'. .. o au from atltn~an.ds ~e t,~!!!:$AI , e you ..;)'eJl:(jiil,td11.igh. 9f ,e break faith with us who die We shall not sleep, though popPies grow an ffJZan ders fields. John rBtCcerae May 20, 2004 MERIDIAN CITY COUNCIL MEETING V AR 04-002 May 25, 2004 APPLICANT Packard Estates Development, LLC ITEM NO. 5-~ REQUEST Findings - Request for a Variance for reduction of the setback of the existing house on Lot 21, Block 5 from 20 feet to 13.55 feet for Packard Acres Subdivision No.3 - south of East Ustick Road and east of North locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Jb}- 'l1Qd ~ Date: 0 -I Phone: Emailed: ::te.{jJey~@vWlc;I. Yle-r Staff Initials: (flld- Materials presented at publiC meetings shall become property of the City of Meridian. See attached Findings ~ MAY 2 4 2004 interoffice MEMORANDUM - City Of Meridian City Clerk Office To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Packard Acres Subdivision No.3! V AR-04-002 Date: May 24, 2004 Will: Pursuant to City Council's action at their May 18,2004, meeting, pertaining to the Variance application by Packard Estates Development, LLC for the proposed Packard Acres Subdivision No.3, and Council's denial thereof, please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF VARIANCE in Packard Acres Subdivision No.3. This may be presented to the Mayor to obtain her signature, and after you have executed the Findings please present copies to the Applicant, Planning and Zoning, Public Works and the City Attorney. If you have any questions please advise. Z:\Work\M\Meridian\Meridian I 5360MIJ>ackard Acres Sub NO.3 AZ-04-005 PP-04-006 VAR-04-002\ClerkDenialPP Memo 0521 04.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05-18-04 IN THE MATTER OF THE ) REQUEST FOR A VARIANCE FOR ) REDUCTION OF THE SETBACK ) OF THE EXISTING HOUSE ON ) LOT 21, BLOCK 5 FROM 20 FEET ) TO 13.55 FEET FOR PACKARD ) ACRES SUBDIVISION NO.3, ) LOCATED ON THE WEST SIDE OF ) WINGATE LANE (PRIVATE), ) APPROXIMATELY 2,000 FEET ) SOUTH OF USTICK ROAD, ) TOWNSHIP 3 N., RANGE 1 E., ) SECTION 5, MERIDIAN, IDAHO ) ) BY: PACKARD ESTATES ) DEVELOPMENT, LLC ) ) APPLICANT ) Case No. V AR-04-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on May 18,2004, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City Council takes judicial notice, and the hearing was opened on the variance application and Anna Powell Planning Director for the Planning and Zoning Department, Police Chief Bill Musser, Pat Tealey, Dave Battaglia, Dale Sharp, Helen Sharp, and Mike Spink, and the City Council based upon its Findings of Fact and Conclusions of Law and Decision and Order in this matter, does hereby deny the application for variance approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF V ARlANCE FOR PACKARD ACRES SUBDIVISION NO.3 - (V AR-04-002) PAGE 1 OF4 FINDINGS OF FACT 1. The applicant is requesting a variance for the reduction ofthe setback from 20 feet to 13.55 feet for the existing house which is located on proposed Lot 21, Block 5. The variance is requested from the 15 foot front yard setback which is allowed in the R-4 zone. The 15 foot front yard setback applies to the projected living space with the parking to be setback at 20 feet. 2. The variance would be inappropriate due to the fact that the existing home is a little over 13 feet from the edge ofright-of-way, and due to the odd angle of the house, the side of the house would be about 13 feet from the street. Additionally, the driveway to the existing garage is recessed and angled from the road. If the variance was granted, if you moved a total of 106 square feet of building area it would encroach into the setback. Additionally, the garage would have six square feet that would encroach into the setback area. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 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, that the Council does hereby deny the application for variance approvaL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF VARIANCE FOR PACKARD ACRES SUBDIVISION NO.3 01 AR-04-002) PAGE 2 OF 4 ) ( 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code g 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. /S-f By action of the City Council at its regular meeting held on the --=-day of V~ , 2004. ~---~~- BY.~~ Tammy de e.a . Mayor, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF V ARlANCE FOR PACKARD ACRES SUBDIVISION NO. 3 (VAR-04-002) PAGE 3 OF 4 Attest: Copy served upon Applicant, the Plarming and Zoning Department, Public Works Department and City Attorney_ By: ~~QJY\J Dated:Jbno A,~D4- City Clerk's Office Z:\Work\M\Meridian\Meridian 153GOM\Packard Acres Sub No.3 AZ-04.005 PP-04-006 VAR-04-002\FFCLOrdDenyVAR.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF VARIANCE FOR PACKARD ACRES SUBDNISION NO.3 (V AR-04-002) PAGE40F4 May 20, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT BRS Architects AZ 03-022 May 25, 2004 ITEM NO. -U.. D REQUEST Findings - Request for annexation and zoning of 5 acres from RT to C-G zones for Kissler (Dealy Parcel) - southeast corner of East Ustick Road and North Eagle 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 f\.p0()'P Contacted: Emailed: Phone: Vy, .tb" v Materials presented at public meetings shall become property of the City of Meridian. RECEI,TED MAY 1 ~ 2004 City OfMericlian City Clerk Office WI-UTE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINI US JU~]E K~EIN FISCHER WM. F. GlGRAY, III T. GUY HA~LAM. WIL~IAM A. MORROW WIL~lAM F. NICHOLS. CHRISTOPHER S. NYE PIiIUP A. PETERSON TODD A. ROSSMAN DAVID M. SWARTLEY PAME~AJ. TARLOW TERRENCE R. WHITE.. NICHOLAS L. WO~~EN ATTORNEYS AT LAw NAMPA OFFICE 5700 E. FRANKLlN RD., SUITE 200 NAMPA, IDAHO 83653.8402 TEL. (208) 466-92 72 FAX (208) 466-4405 . Also admitted in OR .. Also admitted in WA March 1, 2004 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: KISSLER / ANNEXA nON AND ZONING FINDINGS / DEVELOPMENT AGREEMENT / AZ ORDINANCE & CERTIFICA nON OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-03-022 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICA nON 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) and/or developer(s) signatures. After the Coullcilmeeting, ifCoUllCil 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 owner(s) and/or developer(s) for signatures. Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findin2:s of Fact and Conclusions of Law and Decision and Order Grantin2: Application for Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Wm. F. Ni 101s Z:\Work\M\Meridian\Meridian I 5360M\Kissler (Dealy Parcel) AZ-03-022\FFCL and ORD and SUM ORD Clerk Llr 03 01 04.da.: BEFORE THE MERIDIAN CITY COUNCIL C/C 02/24/04 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 5 ACRES FOR ) THE KISSLER/DEAL Y PARCEL, ) LOCATED IMMEDIATELY EAST ) OF THE KISSLER ANNEXATION ) APPLICATION (18 ACRE PARCEL) ) NEAR THE SOUTHEAST CORNER ) OF THE INTERSECTION OF ) EAGLE ROAD/SH 55 AND USTICK ) ROAD, MERIDIAN, IDAHO ) ) Case No. AZ-03-022 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BRS ARCHITECTS, APPLICANT The above entitled annexation and zoning application having come on for public hearing on 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, ffi1d Billy Ray Strite, appeared and testified, ffi1d 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 ffi1d Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code 99 67-6509 and 67-6511, and Meridian City Code ~9 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING FOR KISSLER (AZ-03-022) PAGE 1 OF 21 ( 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 5 acres in size and is located on the south side of Us tick Road, approximately 570 feet east of Eagle Road/SH-55, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Plmming Area as defined in the Meridian Comprehensive Plan. 4. The owner of record of the subject property is James A Kissler, LLC. 5. Applicant is BRS Architects. 6. The property is presently zoned RUT and consists of rural residential/agricultural land. 7. The Applicant requests that the property be zoned as C-G (General Retail and Service Commercial). 8. The subject property is bordered on all sides by rural residential/agricultural property (zoned RUT, Ada County). 9. The Applicant submitted a Concept Plan and incorporated his 5 acres with the Annexation and Zoning of the Kissler/Cobbs/Ruwe application, Case No. AZ-03-0I8, for the 5 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLlCA nON FOR ANNEXATION AND ZONING FOR KISSLER (AZ-03-022) PAGE 2 OF 21 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 of the 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. 11. 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 govermuental subdivisions providing services in the City of Meridian pJanllingjurisdiction, 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 Special Recommendations of the Planning and Zoning Commission as follows: 1. The Applicant shall coordinate with the Intermountain Gas Company to include the outparcel owned by that company (Ada County Parcel No. Sll04223200) in the legal description for the Kissler/Dealy annexation application. B. Adopt the Recommendations of the Meridian Plmming & Zoning Depmtment as follows: ANNEXA TION AND ZONING SITE SPECIFIC CONDITIONS 1. The legal description, stamped approved by Public Works on September 23,2003, meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Plannin~ Area. 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 prope11y owner. The DA shall require that all future uses within the boundaries of this am1exation only be approved through the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ-03-022) PAGE 3 OF 21 Conditional Use Permit process. 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 atmexation: Trat1sportation Policies Applicable to the Kissler-Dealv Annexation: . "Large dewlopment proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding lat1d uses, They should be examined for ways to encourage all forms of transportation 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, Meridiat1 should seek ways to encourage alternative modes oftrat1sport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such meat1S 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 of Iife. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. Newat1d existing developments should ensure that the guidelines laid out in this plan at'e adopted. Mixed Use Development Policies Applicable to the Kissler-Dealv Annexation: . "Where feasible, multi-fmnily 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 m'ea is encouraged with the development application or, depending on the scope of the development, prior to a formal 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; FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXA TlON AND ZONING FOR KISSLER (AZ-03-022) PAGE 4 OF 21 · Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. C. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 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. 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 of 300-feet from any other public 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. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING FOR KISSLER (AZ-03 -022) PAGE 5 OF 21 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. 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 Jess 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 APPLICA TlON FOR ANNEXATION AND ZONING FOR KISSLER (AZ-03-022) PAGE 6 OF 21 9. It is the respons] bility 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 tenus and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix D of the International Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Dep31tment. 4. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department. 5, All internal & external access roads shall have a radius of28' inside 31Id 48' outsideradius. 6. That all internal and extemal access roads shall have a 20' wide fire lane available at all times. IFC 7. Roads which are greater than 150' in length will be required to be provided with 311 approved turn-around. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA TJON AND ZONING FOR KISSLER (AZ-03-022) PAGE 7 OF 21 8. All building uses and storage practices shall comply with the International Building & Fire Codes. 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. 13. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject property 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 (staff analysis is in italics below policy): 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 otherwise required per ordinance." The subject property falts within the MU-Regional designation. There is an existing residence within 300 feet of the eastern boundary of the property. No existing or proposed schools are within 300 feet of any portion of the property. The applicant has stated a wilLingness to have all future development proceed through the CUP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ-03-022) PAGE 8 OF 21 process. . "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"; No development application vvas submitted with the annexation, but it is anticipated that development will occur in a phased manner. It is likely that the subject property will develop in tandem with the Kissler property to the west. Given the narrow parcel configuration and limited access points to Ustick Road, Staff believes it would be beneficial to the City, adjacent property owners and future developers to have a conceptual site/master plan preparedfor this area to demonstrate internal access/circulation and buildingfootprints, etc. If the Commission and/or Council want to review a conceptual site plan prior /0 a de/ailed CUP application being submitted, such a requirement may be addressed as part of the DA. (See Site Specific condition #3 below.) . "Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged"; The property is adjacent to existing low density residential uses. A transitional use is not specifically called out but could be addressed as part offuture CUP applications or as part of a conceptual master plan, as noted above. Stafffinds that transitional uses could be addressed as part oj future CUP applications. . "Residential density allowed of 3 to 40 units/acre"; Not applicable. No residential uses are proposed. . "No upper limit of non-residential uses (square footage)." (See Chapter VII, pgs. 97-98, for the above-mentioned mixed use policies.) . "Permit new. . .conm1ercial 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) The Public Works Department is currently completing construction oJthe South Slough Trunk extension in the vicinity of this annexation. The sewer project extends the trunk line to Eagle and Leslie Drive and Eagle and UstickRoad intersections. Municipal water is currently available in Ustick Road. The legal descriptionfor the annexation does not FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLTCA TION FOR ANNEXATION AND ZONING FOR KISSLER (AZ-03-022) PAGE 9 OF 21 place the property contiguous to the existing city limits, but the property would become contiguous if the pending Kissler annexation application is approved. . "Encourage high-tech, research, pharmaceutical firms and high-quality retail facilities," (Chapter IV, Goal II, Obj. A) · "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) The subject property has fi'ontage on an arterial roadway (Ustick). If uses adjacent to the existing residential land to the east are controlled either through a CUP or zoning, future development could complement adjoining residential areas. . "Develop incentives for high-density development along major transpOltation corridors to support public transportation system," (Chapter VII, Goal IV, Obj. D, #7) 14. The general vicinity of this project is experiencing a rapid change from agricultural and low density residential uses to commercial/urban type development. Mm1icipal 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 subdivision located in Boise City less than 600 feet east of the subject parcel. W.H. Moore Company, who owns the 55+ acres at the nOlthwest comer of Ustick and Eagle, has had numerous discussions with the City regarding their intentions to develop a commercial/office parle 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. The Dealy parcel is 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING FOR KISSLER (AZ-03-022) PAGE 10 OF 21 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 all development and landscape buffer ordinances are exercised. Some uses may be disturbing to existing residential uses to the east. 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 appear to be adequate to service this property. 18. It is found that this development will not cause excessive additional requirements at 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 oftlle 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, a CUP shall be required for future uses. 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 Ustick Road should be restricted and comply with FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA IrON AND ZONING FOR KISSLER (AZ-03-022) PAGE 11 OF 21 ACHD policies in order to preserve the capacity and movement on these roadways at build-out. 21. It is found that the proposed annexation will not result in the destruction, loss or damage of natural features. 22. It is found that the annexation of this property would be in the best interest of the City for the following reasons: . increased commercial land base available to future developers; . increased property tax revenue; . municipal services are available to the area; and . application substantially complies with the Comprehensive Plan. It is also found that, based upon the information submitted in the application, it is difficult for the Commission and Council 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 almexation and zoning designation. 24. It is also fcund 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 ofthe affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ-03-022) PAGE 12 OF 21 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 alU1eX real property upon written request for annexation alId the real propeliy being contiguous or adjacent to city boundaries and that said propeliy lies within the al'ea of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may mmex real propeliy 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 MeridialI has exercised its authority mId responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, IdalI0 Code by the adoption ofthe 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 mId are applicable to this Application: Chapter VII, pgs. 97 and 98 Chapter IV, Goal I, Ob j. A, #6 Chapter IV, Goal II, Obj. A 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 OrdinalICe at S 11-7-2 K as follows: FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING FOR KISSLER (AZ-OJ -022) PAGE 13 OF2I (C-G) General Retail And Service Commercial District: The purpose of the 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 mterial 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 cOlmected 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 authority to place conditions upon the almexation ofland. See Butt vs. The City ofldaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if mmexed, shall meet and comply with the Ordinm1ces ofthe City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which peltains 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 elYt.;,'r 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 5 acres to (C- G) General Retail and Service Commercial is granted subject to the terms and conditions of this Order hereinafter stated. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ-03-022) PAGE 14 OF 21 2. The application is for annexation and zoning of5 acres. The legal description shall be prepared by a Registered Land Smveyor, 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: B. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The Applicant shall coordinate with the Intermountain Gas Company to include the outparcel owned by that company (Ada County Parcel No. S 11 04223200) in the legal description for the Kissler/Dealy annexation application. B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANNEXATION AND ZONING SITE SPECIFIC CONDITIONS 1. The legal description, stamped approved by Public Works on September 23, 2003, meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject propelty is within the Urban Service Planning Area. Essential City services will be made available to the subject property. 3. Prior to the mmexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the property owner. The DA shall require that all future uses within the boundaries of this annexation only be approved through the Conditional Use Permit process. 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 mmexation: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING FOR KISSLER (AZ-03-022) PAGElS OF21 Transportation Policies Applicable to the Kissler-Dealy 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 of transportation 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 oftranspOli. 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 of life. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. Mixed Use Development Policies Applicable to the Kissler-Dealv 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 formal 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. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ-03-022) PAGE 16 OF 21 domestic purposes such as landscape irrigation. C. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 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. 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 ofthe 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 necessmy 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 of 300- feet from any other public roadway (measured centerline to centerline). 3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of 230-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 ofITD for Eagle Road frontage. Submit a letter from ITD regm'ding 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 Trmlsportation Department's District III Traffic Engineer Dan Coonce at 334-8300. 6. Comply with all Stmldm'd Conditions of ApprovaL FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ-03-022) PAGE]7 OF 21 Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans, 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 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. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLTCA TION FOR ANNEXATION AND ZONING FOR KISSLER (AZ-03-022) PAGE 18 OF21 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 plalU1ed 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 grallted pursuant to the law in effect at the time the Challge in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix D of the International Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apali. 2, Operational fire hydrants and temporary or pellllallent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Depaltment. 4. Final approval of the fire hydrallt locations shall be by the Meridiall Fire Depmtment. 5, All intemal & extemal access roads shall have a radius 01'28' inside and 48' outside radius. 6. That all internal and external access roads shall have a 20' wide fire lane available at all times. IFC 7. Roads which are greater than 150' in length will be required to be provided with all approved turn-around. 8. All building uses and storage practices shall comply with the International Building & Fire Codes. 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 Februm'y 24, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ-03-022) PAGE]9 OF 2] 2004 City Council meeting, and which Concept Plan is hereby approved. 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 (C-G) General Retail and Service Commercial District, and Meridian City Code S 11- 7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the 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 of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521. An affected person being a person who has an interest in real propel1y 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. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ-03-022) PAGE200F21 I, By action of the City Council at its regular meeting held on the 2'5 t'- day of ffiCUA/ 6 ,2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED~ VOTED~ COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD VOTED \'il}/ L MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 6-26-04 MOTION: APPROVED:~_ DISAPPROVED: VOTED t'"'-" ~~R~~; William G. Berg, Jr., City ler c . Attest: SEAL ~ & g 0-Q ,cs 2 /~) u,sr lSi, f? ~ Copy served upon Applicant, the P]m{iiifi.~ ..~1). Qmn~~i-tment, Public Works Department and . .fl/I, '-'ut11 "i ~ \\\\' the CIty Attorney. ilf/lliiiil nl\\\\\ Dy:~\(l~ City Clerk Dated: Tu \(\ ~ ___\ ) dLOL\: Z:\Work\M\Meridian\Meridiun ] 5360M\Kissler (Dealy Parcel) AZ-03-022\AZFfCI&Order.doe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ-03-022) PAGE 21 OF 21 ;"' .f LETTER OF TRANSMITTAL R:EiCEIVED HAY 1 1 2004 CITY 0:1)' MERIDIAN ZONING ARCHITECTS 1010 S.AlIante Place, Suite 100 Boise, ID 83709 (208) 336-8370 FAX 336-8380 To: City of Meridian P & Z .....". .__.......~G& Date: 5/7/04 Job No. 03022 Attention: Brad Hawkins Clark Re: Kissler Annexation WE ARE SENDlNG YOU X Attached-Via: Pickup Delivery Mail Fed. Exp. The following: Shop drawings Prints Plans Samples Specifications Copy of letter Change order Copies Date No. Description 1 Intermountain Gas annexation approval These are transmitted as highlighted below: For approval For your use As requested For review and comment REMARKS: COpy TO: SIGNED: Billy Ray Strite/cw Original File RECEIVED BY: DATE: C:\W1NDOWS\Favorlles\BRS Letter of TronsmittaL-Revise<J.uol .? I, J','VV\. R~ ~1V1e~ 5.<;t; S.L6/f' Kd ( J~~;n:) ,~d (Address) (City) (State) lntermounialn Gas. record owner of the "regulator Station" located on the South side of Ustick Road, approximately 600' East of Eagle Road, grant their approval to the City of Meridian to join the Annexation approved under AZ-03-022.. Dated this 4- ( I da~-:f~L~ 2004 /-~ ~ RECETVED ~ '--= (:~tUr?l SUBSCRIBED AND ;~~~'~ ~~., f~e the day and year first above written. MAY 1 1 lDt1f ('. .\\~ c--. 0 l cmolt~,---~' .._, . (\ ~j0._ ,::::)..-,,-~"x.V.~ PLtL~ .. J:. !..i,,_q.. 1'" Notary Public for Idatfo ReSiding at ~ ...,,,,, 'LD My Commission Expires 2 '. 2. 1.- 2. DO! ""UIU.,." ....",,' SINGl, 'q'...... ...... v~ ....."0.. €/>. "".. ~ LY .." .... 0 .. ~ ~ .0. .Go ~ ~ :: ",,: 0'\ A.R Y ~ :. :-.:+ .~: * :2: · .- .. - : 0 4IP (/: : .. 0 \.... ': 11' ~ pu" \.. .. C : '; .~o ..- ~ .: ~ 0.. . ~..... "" .f'l' ......... \v' ~~.. """" -'l TE o\~ .......... """I,n III".... r 1 May 20, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT PPN, LLC PFP 04-001 May 25, 2004 ITEM NO. t,e. r REQUEST Findings - Request for Preliminary / Final Plat approval for 3 residential building lots and 1 common lot on .73 acres in an R-15 zone for Troy Place Subdivision - 1236 East 2 1/2 Street 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 ArpfOVU Emailed: Phone: ___. vY\At'" Materia s presented at public meetings shall become property of the City of Meridian. Date: 5--~Lf Staff Initials: RECEIVED MAY 1 ~ 2004 Interoffice City Of Meridian City Clerk Office MEMORANDUM To: William G. Berg, Jr;) Wm. F. NiChOltrrKf Troy Place Subdivision By: PPN, LLC From: Subject: File No. PFP-04-001 - Findings of Fact and Conclusions of Law and Order of Conditional Approval of PreliminarylFinal Plat Date: May 17,2004 Will: Regarding the above referenced matter, please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROV AL OF PRELIMINARY/FINAL PLAT, for approval and signature by the Mayor and yourself. Please serve a conformed copy of the FINDINGS upon the applicant, with a Certificate of Service in the file, and conformed copies to the Planning and Zoning Department, Public Works, and the City Attorney. If you have any questions please give me a call. Z:\Work\M\Meridian\Meridian 1 5360M\Troy Place Subdivision PFP-04-00 I CUP-04-003\Bcrg PFP MEMO 05 17 04.drc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) FOR PRELIMINARYIFINAL PLAT FOR ) APPROVAL OF 3 BUILDABLE LOTS AND 1 ) COMMON/OTHER LOT ON 0.73 ACRES IN ) AN R-15 ZONE FOR TROY PLACE ) SUBDIVISION, LOCATED ON THE EAST ) SIDE OF EAST 2 'l2 STREET, GENERALLY ) EAST OF MAIN STREET AND ) APPROXIMATELY 1,300-FEET SOUTH OF ) FAIRVIEW AVENUE, IN SECTION 7, ) TOWNSHIP 3 NORTH, RANGE 1 EAST, ) MERIDIAN, IDAHO ) ) PPN,LLC ) ) APPLICANT. ) ) ) C/C 05/11/04 . CASE NO. PFP-04-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT The above entitled matter coming on regularly for public hearing before the City Council on May 11,2004, and Anna Powell Planning Director, Shawn Nickel, and Tom Stephens, appeared and testified at the hearing, and the City Council having received a report from Craig Hood for the Planning and Zoning Department and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record ofthis matter the recommendation to City Council ofthe Planning and Zoning Commission and the applicant having submitted the Plat Drawing described as follows, "TROY PLACE SUBDIVISION SITUATED IN THE SE Y4 OF THE NW 1'4 OF SECTION 7, T.3 N., R. 1 E., B.M., CITY OF MERIDIAN, ADA COUNTY, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT- TROY PLACE SUBDIVISION - (PFP-04-001) PAGE I OF? IDAHO 2004, 03133sd1.dwg 01/13/04, ANDERSON-DAVID & ASSOCIATES, INC., HANDWRITTEN DATE: 13 JAN 04", PPN, LLC submitted for preliminary/final plat approval, and which preliminary/final plat application is herein received and adjudged by the City Council, pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Amended Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned R-15 (Medium High Density Residential District), and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 E] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. It is found that the subdivision to be in conformance with the Comprehensive Plan. The site is currently designated as "High Density Residential" on the Comprehensive Plan Future Land Use Map and zoned R- 15. In Chapter VII of the Comprehensive Plan, "High Density" residential areas are planned for development of multi-family homes in areas where urban services are provided. Residential densities may exceed eight dwelling units per acre. This residential development might include duplexes, apartment buildings, townhouses, and other multi-unit structures. A desirable project FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT- TROY PLACE SUBDIVISION - (PFP-04-001) PAGE 2 OF 7 would consider the placement of parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses. The following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan are applicable to this application as follows: Chapter VII, Goal I, Objective C, Action item 2 Chapter VII, Goal IV, Objective C, Action item 2 Chapter VII, Goal IV, Objective C, Action item 9 Chapter VII, Goal IV, Objective C, Action item 10 Chapter VII, Goal V, Objective A, Action item 14 Chapter VI, Goal II, Objective A, Action item 3 The applicant has requested modifications to the standard lot size, setback, driveway and frontage requirements of the R-I5 zone. It is found that if the applicant complies with the conditions included in these Findings, the lot configuration and overall design of the subdivision will be in general conformance with the City of Meridian Comprehensive Plan. 3. If approved, the developer will be financing the extension of sewer, water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future residents will be fire and police services. The site is serviced by city water and sewer currently. The City of Meridian owns and maintains an existing sewer line that bisects this property. The Preliminary Plat indicates that this main may not be within it's existing easement. The applicant shall confirm the location of this line and grant the City an easement for the line if it is outside of the existing easement. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT- TROY PLACE SUBDIVISION - (PFP-04-001) PAGE30F7 On January 23,2004, ajoint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire and Police Departments have submitted comments and conditions, which are listed in paragraph 2 of the Decision and Order hereinbelow. It is found that public services can be made available to accommodate the proposed development. 4. The developer is installing sewer, water, and utilities for the development at their cost. It is found that the subdivision will not conflict with the capital improvement program. 5. It is found that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. 6. Staff is not aware of any health, safety or environmental problems associated with this subdivision. There has not been identified any environmental problems that may be associated with the development of this site. ACHD considers road safety issues in their analysis, and ACHD staff has recommended, with conditions, approval of the subject subdivision. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELlMINARY/FINAL PLAT- TROY PLACE SUBDIVISION - (PFP-04-001) PAGE4 OF 7 1. The PreliminarylFinal Plat of the applicant as evidenced by "TROY PLACE SUBDIVISION SITUATED IN THE SE Y4 OF THE NW Y4 OF SECTION 7, T.3 N., R. I E., RM., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2004, 03133sdLdwg 01113/04, ANDERSON-DAVID & ASSOCIATES, INC., HANDWRITTEN DATE: 13 JAN 04", has been submitted for preliminary/final plat. 2. The conditions of Staff pertaining to the Preliminary/Final Plat comments are as set forth in the Memorandum to the Mayor and City Council from Craig Hood for Planning and Zoning Department, and Bruce Freckleton, Engineering Technician, III, dated: P & Z Hearing Date: March 18, 2004 Transmittal Date: March 15, 2004, listing 9 Site Specific Conditions - Preliminary and 11 Site Specific Conditions - Final Plat, and 7 Standard Plat Conditions, a true and conect copy of which is attached hereto and marked Exhibit !lA", and consisting of twenty pages, and by this reference incorporated herein, and the response letter from Shawn Nickel of Land Consultants, Inc. dated March 16, 2004, a true and conect copy of which is attached hereto and marked Exhibit "B", and consisting of two pages, and by this reference incorporated herein, and with the additional requirements from the City Council from their meeting of May 11, 2004, and the requirements are as follows, to-wit: 1. The revised Landscape Plan submitted by the applicant dated April 8, 2004 is hereby approved. 2. The applicant shall continue to work with the neighbor Tom Stephens concerning the actual pin placement of the property between the two properties. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT- TROY PLACE SUBDIVISION - (PFP-04-001) PAGE 5 OF 7 3. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the Citis requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements; and NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY IFINAL PLAT - TROY PLACE SUBDIVISION - (PFP-04-00I) PAGE60F7 By action of the City Council at its regular meeting held on the 25th day of -ro~ ,2004. \\11111111/111/ \\\\ ll.ll 1/// ..,......\, Of tlIlBr/,Q '/I.; ", ::\.~ ~ /// .::::.::: 0 If\PORA 7; lip' ~ 2' v~cP ~o ~ J~~~l~ ~ \ William G. Berg, Jr., City Clerk -:::. . ~0u", .0 2 ~~, 1().~ \."Jf 1S~ . -{'.$' '.-:///;r CAU1M-"-"" 'f)~".::-'::- 'fl v Pl & ~ J ~ Copy served upon Applicant, the Planning/ffild:Zpn1rrg lJepartment, Public Works Department and City Attorney. Attest: BY:~k (L m Ailll'(\ , City Clerk Dated: J"lin( - \ ,;:)CXJLt Z:\Wor\..:\M\Meridian\Meridian 15360M\Troy Place Suhdivision PFP-04-001 CUP-04-003\PFP FfCls.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROV AL OF PRELIMINARY /FlNAL PLAT - TROY PLACE SUBDIVISION - (PFP-04-00 I) PAGE 7 OF 7 f CITY COUNCIL MEMBERS Keith Bird William LM. Nary Shaun Wardle Charles M. Rountree "l.."",\, '. 'C. '., \1 V J .yl l /~ / 'Q bY ./ir/11F,. ' . . ),s rl" J!" fflE^S\3Rb~'~mc, 'i.1903 CITY HALL (208) 8884433 - Fax 8874813 MAYOR Tammy de Weerd ~ P / CITY OF'+.-,,_ L/YLerldian PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 IDAHO LEGAL DEPARTMENT (208) 466.,9272 - FAX 4664405 STAFF REPORT: P & Z Hearing Date: March 18, 2004 Transmittal Date: March 15,2004 To: Mayor, City Council and Planning & Zoning Commission From: Craig Hood, Associate City Planner (IN c:-d Bruce Freckleton, Senior Engineering Tech.~ Subject: Troy Place Subdivision . Preliminary and Final Plat (PFP) Approval of Three (3) Buildable Lots and One (1) Common Lot on 0.73 Acres, for Troy Place Subdivision, by PPN, LLC. (File No. PFP- 04-00 I) . Conditional Use Permit (CUP) Approval for a Planned Development (PD) Consisting of Two (2) Four-plexes and One (1) Tri-plex with Reductions to Building Setback Requirements, Lot Size, Lot Frontage and Driveway Standards in the R-15 Zone, by PPN, LLC. (File No. CUP -04-003) We have reviewed the aforementioned applications and now offer thefollowing 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 & BACKGROUND The applicant, PPN, LLC., has applied for PreliminarylFinal Plat (PFP) and Conditional Use PermitIPlanned Development (CUP/PD) approval of three (3) multi-family lots and one (1) common lot onO.73 acres. The site is located on the east side of East 2~ Street, approximately 450-feet north of Carlton Avenue, in an R-15 (Medium High Density Residential) Zone. This property is currently designated "High Density Residential" on the 2002 Comprehensive Plan Land Use Map. The subject development is eligible for a combined preliminary/final plat application because the proposed subdivision does not exceed four lots, there are no new streets being dedicated or widened, and this development is not located within a floodplain, hillside or the like (MCC 12-3-3). Two of the three buildable lots are proposed to contain one four-plex each. The third buildable lot contains an existing tri-plex that was recently approved by the City (CUP-03-038). The gross density of the development is 15.06 dwelling units per acre. As part ofCUP-03-038, the applicant converted an existing home into an apartment house, and gained approval for a new driveway off 2~ Street, with additional off-street parking. The subject application includes the development and subdivision of the back portion (east) of the existing parceL Exhibit "A" 1 of20 Planning & Zoning CommissionlMayor & City Council Hearing Date: March 18,2004 Page 2 Within the context of the zoning ordinance, both tri-plexes and four-plexes are considered apartment houses. The site lies within the R -15 zone, and apartment houses are a conditional use in the R -15 zone. The CUP /PD includes a request for reduced street frontage, reduced building setbacks, reduced lot sizes, and a driveway modification in the R-15 zone. (See chart below for a comparison and summary of proposed exceptions.) Street Frontage in R-15 Zone- City Minimum Requirement 50 feet Building Setback in R-15 Zone- City Minimum Requirement 20 foot (front/street) 15 foot (rear) 5 feet per story (side) Lot Size in R-15 Zone- City Minimum Requirement 2,400 square-feet per D.U. ProDosed Minimum o ProDosed Setback 3 feet 9 feet 6 feet (not per story) Proposed Minimum 4,000 square-feet per lot In addition to the reductions listed above, the applicant is proposing to provide access to all eleven dwelling units, via a 25- foot wide common access drive. Staff is supportive of the proposed access to the site. See Special Consideration "A" in the Conditional Use Permit Analysis below. In exchange for the reductions mentioned, the applicant is proposing to construct a basketball court, and a BBQ pit area for the residents of the development as amenities for the PD. See Special Consideration "B" under Conditional Use Pennit Analysis below for detailed analysis of the proposed amenities and open space requirements. The subject applications (PFP and CUP/PD) were submitted concurrently to the Planning and Zoning Department for review. Staff has provided a detailed analysis and recommended conditions of approval for the requested preliminary/final plats and conditional use permit applications below. Staff is recommending approval of the applications, with the conditions outlined in this report. CURRENT OWNERS OF RECORD Troy and Tawnee Palmer are the current property owners, and Troy Palmer has submitted notarized consent for PPN, LLC and SLN Planning, Inc., to submit the subject applications. LOCATION & SURROUNDING USES The subject property is located on the east side of East 212 Street, generally east of Main Street and approximately 1,300-feet south of Fairview Avenue, in Section 7, Township 3 North, Range 1 East. The following uses surround the subject property: North - Single-family residential, zoned R-15 / Vacant, zoned R-15 South - Salon/Spa, zoned R-15 / Single- family residential, zoned R -15 East - Multi-family residential, zoned R-15 Exhibit "A" 2 of20 Planning & Zoning Commission/Mayor & City Council Hearing Date: March 18,2004 Page 3 West- Multi-family residential (duplex), zoned R-15 / Cole Valley Christian School, zoned L-O PRELIMINARY PLAT ANALYSIS Sections 12-3-3.1.2 and 12-3-5.D of Meridian City Code read as follows: In determining the acceptance ofa proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; This site is currently designated as "High Density Residential" on the Comprehensive Plan Future Land Use Map and zoned R-15. In Chapter VII of the Comprehensive Plan, "High Density" residential areas are planned for development of multi-family homes in areas where urban services are provided. Residential densities may exceed eight dwelling units per acre. This residential development might include duplexes, apartment buildings, townhouses, and other multi-unit structures. A desirable project would consider the placement of parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): · "Develop standards for integrating medium-to-high density residential into existing subdivision development." (Chapter VII, Goal I, Objective C, Action item 2) The applicant is applying for a Planned Development, the common method of getting higher density residential projects approved in existing residential areas or subdivisions. · "Require screening and landscape buffers on all development requests that are more intense than adj acent residential properties." (Chapter VII, Goal IV, 0 bj ective C, Action item 2) The applicant will be required to provide adequate screening and perimeter landscaping. See Special Consideration "C" below, · "Adopt land use designations which will allow for housing opportunities for all income levels." (Chapter VII, Goal IV, Objective C, Action item 9) · "Support a variety of residential categories (low-, medium-, and high-density single- family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (Chapter VII, Goal IV, Objective C, Action item 10) Exhibit "A" 3 of20 Planning & Zoning Commission/Mayor & City Council Hearing Date: March 18, 2004 Page 4 · "Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares." (Chapter VII, Goal V, Objective A, Action item 14) · "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The applicant will be required to construct sidewalk on 2~ Street abutting the site. The applicant has requested modifications to the standard lot size, setback, driveway and frontage requirements of the R -15 zone. Staff finds that if the Commission and Council grant the applicant the requested modifications with the CUP/PD, and the applicant complies with the conditions included in this report, the lot configuration and overall design of the subdivision would be in general conformance with the City of Meridian Comprehensive Plan. Please see Conditional Use Permit Analysis below for further assessment of the proposed development and associated deviations from development standards. B. The availability of public services to accommodate the proposed development; If approved, the developer will be financing the extension of sewer, water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future residents will be fire and police services. The site is serviced by city water and sewer currently. The City of Meridian owns and maintains an existing sewer line that bisects this property. The Preliminary Plat indicates that this main may not be within it's existing easement. The applicant should confirm the location of this line and grant the City an easement for the line if it is outside of the existing easement. See Special Consideration "R" and Site Specific Condition #6 of the Preliminary Plat below. On January 23, 2004, a Jomt agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire and Police Departments have submitted comments and conditions, which are listed at the end of this report. Staff finds that public services can be made available to accommodate the proposed development. Staff recommends that the Commission and Council reference the comments and conditions from the various agencies and departments, regarding their ability to adequately service this project. C. The continuity of the proposed development with the capital improvement program; Exhibit "A" 4 of20 Planning & Zoning Commission/Mayor & City Council Hearing Date: March 18,2004 Page 5 Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not conflict with the capital improvement program. D. The public financial capability of supporting services for the proposed development; Staff finds that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. Staff recommends that the Commission and Council reference any written and/or verbal testimony submitted by the Meridian Police and Fire Departments with regard to their capability to serve the proposed development. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff is not aware of any health, safety or environmental problems associated with this subdivision that should be brought to the Councilor Commission's attention. Staff has not identified any environmental problems that may be associated with the development of this site. ACHD considers road safety issues in their analysis, and ACHD staff has recommended, with conditions, approval of the subject subdivision. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. SPECIAL CONSIDERATIONS (PRELIMINARYIFINAL PLAT) A. Access and Parking: As part of the CUPIPD application, the applicant is requesting a waiver of the requirement to provide public street frontage to each lot. Rather than constructing a public or private street, the applicant is proposing to construct a common drive aisle for all 11 dwelling units to use as access to the public street system. See Special Consideration "A" in the Conditional Use PennitAnalysis below. Cross Access Agreement: The applicant is proposing to utilize one access point onto 212 Street to serve the development. ACHD staff has previously reviewed and approved the access point for compliance with policy. The access point, drive aisle, and parking are all part of the common driveway lot (Lot 1, Block 1). Therefore, the applicant should be required to either provide a note on the plat stating that Lot 1, Block 1, is a common lot for ingress/egress and parking for all of the lots in the development, AND/OR record a cross parking/cross access agreement for all of the lots within the subdivision to utilize Lot 1, Block 1. Maintenance of Lot 1, Block 1, should also be provided for with a note on the plat, AND/OR a recorded document such as CCR's. See Site Specific Condition #2 and Special Consideration "A" in the Conditional Use Permit Analysis below. Drive Aisles and Parking Design: As stated earlier, the applicant is not proposing to construct a public or private street for this development. The proposed common drive aisle lot (Lot 1, Block 1) is 25-feet Exhibit "A" 5 of20 Planning & Zoning Commission/Mayor & City Council Hearing Date: March 18, 2004 Page 6 wide and includes 90-degree parking stalls, off the driveway, for all of the units. Staff is supportive of the general design of the proposed driveway, with one notable exception. The east leg of the driveway is longer than 150-feet and requires a Fire Department approved turnaround. To remedy this, the applicant should rotate the three eastern most parking stalls to face east, not south as proposed. This will make the driveway, east ofthe proposed Fire Department turnaround/basketball court, less than ISO-feet. NOTE: The applicant has submitted a revised site plan reflecting the above-requested change. At the Planning & Zoning Commission hearing, staff will provide analysis of the revised drive aisle and parking design. All areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. All curbing adjacent to the turnaround and entrance areas shall be painted red and signed "No Parking Fire Lane". See Site Specific Condition #3 and Special Consideration "A" in the Conditional Use Permit Analysis below. B. Buildin~ Setbacks: The required front setback in the R-15 zone is 20 feet. The required side setback is 5 feet per story. The required rear setback is 15-feet (MCC 11-9-1). The varied orientation of the multi- family buildings makes it difficult to delineate the front, rear and side setbacks, as the yards between the tri-plex on Lot 4 and the proposed four-plex on Lot 3, as well as the yards on the adjacent properties, do not match up. The applicant has requested that the required building setbacks be reduced. Staff is supportive of allowing the proposed building setbacks because the applicant has requested this as part of the Planned Development and because this modification will allow for the higher densities as envisioned with the Comprehensive Plan for this area. See Conditional Use Special Consideration "A" below for further analysis. C. Landscape Plan: The submitted landscape plan, prepared by Tamura & Associates, and dated 1-7-04 is not approved as submitted. The following should be included in a revised landscape plan: Street Buffers: Meridian City Code 12-13-10-4 requires a 10-foot wide landscape buffer along local streets. In accordance with Meridian City Code, the applicant should provide a 1 O-foot wide landscape buffer along 212 Street. Said landscape buffer shall be delineated on the plat. Said landscape buffer shall not preclude the construction of hard-surface driveways. Landscaping shall be in accordance with MCC 12-13-10. Existing Trees: Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that may be removed (MCC 12-13-13-3). Land Use Buffers: Meridian City Code 12-13-12-5 requires a 20-foot wide landscape buffer between multi-family and single-family uses. Meridian City Code 12-13-12-2 requires the land use buffer to be provided by the higher intensity use and to be located on the building site of the higher intensity use. As part of the approval for the salon directly to the south, the City granted a modification to code for the landscaping adjacent to the subject site. Currently there are some low-lying shrubs from 2'i2 Street to Exhibit "A" 6 of20 Planning & Zoning Commission/Mayor & City Council Hearing Date: March 18, 2004 Page 7 approximately 50-feet into the site along the shared property line. There is a 6-foot tall wooden fence and a screened garbage receptacle past the shrubs. Because the higher-intense salon was not required to provide a buffer to the subject site, staff is recommending that the applicant not be required to provide the "standard" buffer. On the submitted landscape plan there are nine trees shown along the south property line, with no new fencing. The width between the proposed four-plexes and the south property line is approximately 9-feet. Staffis supportive of the proposed southern setback/buffer design as shown on the submitted plans. On the submitted landscape plan, the applicant is showing a 5-foot wide landscape buffer on the north property line (between the existing single-family home to the north). As part of the approval for CUP- 03-038, the City Council required the applicant to construct fencing adjacent to the single-family home to the north. Said fence shall be limited to 3 feet in height for the first 20 feet (measured from the west property line), if the fence is a solid "closed vision" fence. This fencing requirement was approved as an alternative to the standard landscaping requirement. NOTE: The applicant still needs to pay the additional fee for the alternative compliance application/review (See Site Specific Condition #5 below). The width of the other perimeter landscaping is consistent with the Landscape Ordinance. However, MCC 12-13-11-2 requires one tree per thirty-five lineal feet with shrubs, lawn, or other vegetative groundcover, adjacent to vehicular use areas along the perimeter of a development. Therefore, five trees shall be installed along the north property line, east of the single-family lot, and three trees shall be installed along the east property line. D. Covenants, Codes, and Restrictions: In the applicant's submittal letter, it is stated that there are not going to be any CCR's. However, after talking with the applicant the advantages of compiling CCR's seem to outweigh not compiling them. Staff recommends that for maintenance and operation purposes of the common areas, the applicant assemble CCR's for this development. See Site Specific Condition #7 below. E. Pressure Irrigation: Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The applicant has indicated that the Nampa & Meridian Irrigation District will own and operate the required pressurized irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. See Site Specific Condition #8 below. F. Ditches, Laterals, and Cat).als: 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 MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral Exhibit "A" 7 of20 Planning & Zoning Commission/Mayor & City Council Hearing Date: March 18, 2004 Page 8 users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval cannot be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. See Site Specific Condition #9 below. G. Fire Hydrant: The Meridian Fire Department has indicated a need for a fire hydrant on this site (See Fire Department Comments/Conditions below). The applicant should coordinate fire hydrant location and construction with the Meridian Fire Department and Public Works Departments. See Site Specific Condition #6 in the Final Plat Site Specific Conditions below. H. Sewer EasementlLine: The City of Meridian owns and maintains an existing sewer line that bisects this property. The Preliminary Plat indicates that this main may not be within the existing easement. The applicant should confirm the location of this line and grant the City an easement for the line if it is outside of the existing easement. See Site Specific #6 in the Preliminary Plat Site Specific conditions below. SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. Applicant shall meet all of the requirements of CUP-03-038, CUP-04-003, and PFP-04-001 as a condition of the subject Preliminary Plat. 2. Lots 2, 3, and 4, Block 1, shall utilize a common drive aisle, as proposed. There is no frontage requirement for Lots 2, 3, and 4, Block 1. Said common drive aisle shall be constructed a minimum of 25-feet wide, with gravel and asphaltic concrete paving as outlined in Meridian City Code 12-4-14. Provide a note on the plat stating that Lot 1, Block 1, is a common lot for ingress/egress and parking for all of the lots in the development, AND/OR record a cross parking/cross access agreement for all of the lots within the subdivision to utilize Lot 1, Block 1. Maintenance of Lot 1, Block 1, shall be provided for with a note on the plat, AND/OR a recorded document such as CCR's. The applicant shall provide the required documents prior to the City Engineer's signature of the final plat. 3. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have a Fire Department approved turn around. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. All landscape areas adjacent to the driveway/parking lot, shall be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. All curbing adjacent to the entrance and all turnaround areas shall be painted red and signed "No Parking Fire Lane". 4. The submitted landscape plan, prepared by Tamura & Associates, and dated 1-7-04 is not approved as submitted. The following additions shall be included in a revised landscape plan: . Provide a 10- foot wide landscape buffer along 2 Jh Street. Said buffer shall either be provided for in a common lot, OR easement. The width of the buffer shall be measured from the west property line. Landscaping of the buffer shall be in accordance with MCC 12-13-10. · Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required Ex11ibit "A" 8 of20 Planning & Zoning Commission/Mayor & City Council Hearing Date: March 18,2004 . Page 9 landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). · Construct fencing adjacent to the single-family home to the north. Said fence shall be limited to 3 feet in height for the first 20 feet (measured from the west property line/right-of-way line), if the fence is a solid fence. · Add five trees along the north property line, east of the single-family lot (beyond the fencing). · Add three trees along the east property line. · Other than along the perimeter of the development, new fencing shall be prohibited. 5. Prior to the City Engineer's signature of the final plat, pay the additional fee ($60.00) for the alternative compliance application/review to the Planning & Zoning Department. 6. The applicant shall confirm the location of the existing sanitary sewer line bisecting the property, and grant the City an easement for the line if it is outside of the existing easement. 7. Maintenance of all common areas shall be the responsibility of the Troy Place Home Owners' Association. 8. Underground year-roood pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized. the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1- 2. 9. 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 MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. SITE SPECIFIC CONDITIONS (FINAL PLAT) 1. The applicant shall meet all of the requirements ofCUP-03-038, CUP-04-003, and PFP-04-001, as a condition of the subject preliminary plat. 2. Depict a 10-foot wide landscape buffer adjacent to 212 Street on the final plat. Said landscape buffer shall be shown on Lots 1 & 4, Block I, but shall not preclude the construction of a driveway. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be Exhibit "A" 9 of20 Planning & Zoning Commission/Mayor & City Council Hearing Date: March 18, 2004 Page 10 submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 4. All sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. Prior to signature of the final plat by the City Engineer, all sidewalks shall be constructed or a surety shall be provided in accordance with MCC 12-5.3. 5. Amend the following notes to read: . NOTE 5: Add a "d" to the fourth word in the last sentence. . NOTE 6: Change note to read: "Building 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-04-003) which allowed for reduced setbacks, lot sizes, lot frontages, and reduced access width." . NOTE 9: Add a note stating that the landscape easement/lot along 212 Street shall be maintained by the Troy Place Home Owners' Association. The maintenance of all common areas shall be the responsibility of the Troy Place Home Owners' Association. 6. Unless otherwise approved by the Meridian Fire Department, provide a new fire hydrant to serve this site. The applicant shall coordinate any required fire hydrant design, location, and construction with the Meridian Fire Department and Public Works Departments. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period oftime not to exceed 24 hours for all storms up to and including a 100-year storm event. (All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances.) 8. Place the 24.99 foot dimension to the .'Point of Beginning" on the face ofthe plat. 9. Correct the bearing from the calculated point to the center of section to NS.OooOO;OO"E. 1 O. The applicant shall confirm the location ofthe existing sanitary sewer line bisecting the property, and grant the City an easement for the line if it is outside of the existing easement. 11. A final plat shall be filed with the County Recorder within one year after written approval by the Council (MCC 12-3-8). The Applicant shall have one year from the approval date ofthe final plat, to begin construction of the public utilites and one year thereafter to complete construction of those public facilities (MCC 12-2-4). STANDARD PLAT CONDITIONS: Exhibit '.A" 10 of20 Planning & Zoning Commission/Mayor & City COlUlcil Hearing Date: March 18, 2004 Page 11 1. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 2. Streetlights may be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the applicant. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 3. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 1 OO-year storm events. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results offield studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 4. Coordinate mailbox locations with the Meridian Post Office. 5. 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. 6. 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. 7. Staffs failure to cite specific ordinance provisions or terms ofthe approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms ofthe following and may approve a conditional use permit ifthey find evidence presented at the hearing(s) is adequate to establish (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; On the submitted site plan, the applicant has shown enough parking to accommodate the proposed uses. Although the site is large enough to accommodate all of the features required Exhibit "A" 11 of20 Planning & Zoning CommissionlMayor & City Council Hearing Date: March 18,2004 Page 12 by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. Relief from the frontage, setback, driveway, and lot size standards were specifically requested in the conditional use permit (CUP/PD) application. Staff finds that none of the proposed lots meet the frontage, setback, or lot size standards of the R-15 zone. Staffis supportive of the requested lot frontage, setback, driveway, and lot site deviations because all of the proposed buildable lots within the subdivision have access to the common parking/drive lot and the proposed lots can accommodate the proposed building envelopes with a modification to the standard setbacks. See Special Consideration "A" below for detailed analysis of the allowable setbacks for this development. Meridian City Code 12-13-16 requires all multi-family developments to provide common open space that equals or exceeds ten percent ofthe gross land area. Common open space means land exclusive of street rights-of-way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. At a minimum, common open space lots shall include one deciduous shade tree per 8,000 square feet and lawn, either seed or sod (MCC 12-13-16-5). In addition to the common open space requirement, Meridian City Code 12-6-2.AA states that all residential planned developments shall provide each dwelling unit with at least one hundred square feet of useable private open space, such as a patio or deck. The applicant has not addressed the common open space or the useable private open space requirements for this development. See Special Consideration "C" below. Staff finds that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance and/or by modifying the requirements through the Planned Development and Alternative Compliance processes. 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; Staff finds that the proposed development is harmonious with the current Comprehensive Plan Land Use Map (2002) which designates the property as "High Density Residential". (See Preliminary Plat Analysis "A" for detailed information regarding this finding.) Stafffinds the development plan is, or can be made to be, in compliance with the requirements ofthe Zoning Ordinance and the adopted Comprehensive Plan, if the applicant complies with the Site Specific and General Conditions contained herein. 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; Exhibit "A" 12 of20 Planning & Zoning Commission/Mayor & City Council Hearing Date: March 18, 2004 Page 13 Staff finds that the proposed apartment houses will be compatible with other uses in the neighborhood and with the intended character of the general vicinity, which is essentially a mix of residential and commercial uses. The Council and Commission should consider public testimony when determining if the proposed use will change the essential character of the general vicinity. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate the proposed use will have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained in accordance with the Site Specific and General Conditions of approval. Staff recommends that the Commission and Council rely upon public testimony, staff s analysis, and other agency comments when determining if the proposed uses will adversely affect the other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; The subject site has adequate access to Fairview Avenue and Main Street via local streets in the area. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to the site and surrounding properties. The site is serviced by city water and sewer currently. Staff finds that the proposed development is currently adequately served by the essential public facilities and services listed above. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Because this is an infill site and because public facilities and services are provided to the site and the surrounding vicinity currently, staff finds that the proposed use will not be detrimental to the economic welfare of the community, nor will it create the need for any new facilities or services to be paid for by the public. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; This development is estimated to generate 29 additional vehicle trips per day (18 existing) based on the Institute of Transportation Engineers Trip Generation Manual. The proposed residential use is consistent with the existing residential use on the site. Staff does not anticipate that the Exhibit "A" 13 of20 Planning & Zoning Commission/Mayor & City Council Hearing Date: March 18, 2004 Page 14 proposed use, will be detrimental to the general welfare of the community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated by the proposed residential use. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct a new 25-foot wide driveway off East 2~ Street, located near the site's north property line. ACHD staff has reviewed and approved this one vehicular approach to the site. Staff finds that the proposed use and associated approach will not create significant interference with any traffic on the surrounding public streets. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff is not aware of any natural, scenic or historic features in the general vicinity of this proj ect. Staff finds that no site improvements associated with the conditional use application should damage natural, scenic or historic features in the area. SPECIAL CONSIDERATIONS (CUPIPD) A. Reduced Standards: The applicant has requested approval of a PD to allow reduced development standards including, reduced building setbacks, lot sizes, driveway design, and frontage requirements. Staff recommends approval of the requested modifications of standards because the proposed buildable lots within the subdivision have access to the common parking/drive lot and the proposed lots can accommodate the proposed building envelopes with a modification to the standard setbacks. Setbacks/Separation: The applicant has requested that the required building separations for the multi- family structures be reduced to: 3-foot front, 9-foot rear, and 6-foot side (not per story). Staff is supportive of allowing the proposed multi-family building setbacks because the applicant has requested this as part of the Planned Development and because this modification will allow for the higher densities as envisioned with the Comprehensive Plan for this area, without sacrificing the integrity of the site. Construction materials used on the structures with modified setbacks/separation should be approved by City of Meridian Building Department and in accordance with the most recent Uniform Building Code. See Site Specific Condition #2 below. The Commission and Council should also consider if the requested modifications and staff recommendations are acceptable for the PD application, Lot Size: Staffis supportive of the requested lot site deviations because all ofthe proposed buildable lots can accommodate the proposed building envelopes with a modification to the standard setbacks, as requested. See Site Specific Condition #3 below. Frontage/Common Drive Aisle/Parking: City Code allows street frontage for three or four lots sharing a common driveway to be reduced to 10 feet (each)(MCC 11-9-1). The applicant is not proposing any frontage for Lots 2 and 3, Block 1, Essentially, the proposed common parking and drive aisle on Lot 1, Exhibit "A" 14 of20 Planning & Zoning Commission/Mayor & City Council Hearing Date: March 18,2004 Page 15 Block 1, equate to a private road/service drive that all of the units/lots will share. As long as a cross- access agreement is provided for all of the lots to use the proposed Lot 1, Block 1, staff believes that the proposed common parking/drive lot meets the intent of the standard frontage requirement. Staff is supportive of the requested lot frontage deviations because all of the proposed buildable lots within the subdivision have access to the proposed common parking/drive lot. See Site Specific Condition #4 below. Staff recommends that access to the development be provided from a 25-foot wide (minimum) drive aisle off 2'12 Street, located near the north property line. Because the length of the drive aisle exceeds ISO-feet, the drive aisle should be built to ACHD standards to facilitate access and to ensure that the drive aisle can bear the weight of garbage trucks, fire trucks, and other emergency vehicles. See Site Specific Condition #5 below. The proposed common drive aisle lot (Lot I, Block I) is 25-feet wide and includes twenty-two, 90- degree parking stalls, off the driveway. There are 25-feet from the back of the parking stalls to the opposite side ofthe driveway. The design of the parking area meets City Code and staffis supportive of the general design of the proposed parking areas, with two exceptions. The fifth parking stall from 2'12 Street is only 8-feet wide. Meridian City Code requires standard parking stalls to be 9-feet wide by 19- feet long (MCC 11-13-4.F). Designated compact stalls may be constructed to a width of7 Yz feet-wide (minimum) by 15-feet long (MCC 11-13-4.G). The east leg of the driveway is longer than ISO-feet and requires a Fire Department approved turnaround. To remedy this, the applicant should rotate the three eastern most parking stalls to face east, not south as proposed. This will make the driveway, east ofthe proposed Fire Department turnaround/basketball court, less than ISO-feet. See Site Specific Conditions #6 & #7 below. B. Amenities: As part of the PD, the applicant is proposing to construct a basketball court and a barbeque area. There is an existing sidewalk from the parking areas to the tri-plex entrance on Lot 4, Block 1. The applicant is proposing to construct a 5-foot wide sidewalk in front of the new four-plex units on Lots 2 and 3, Block 1. Staff is supportive of the general design of the proposed amenities as they appear t~ be appropriate to the size and uses ofthe proposed development. See Site Specific Condition #8 below. The Commission and Council should review the proposed amenities and determine if they are "appropriate to the size and uses of the proposed development" (MCC 12-6-2.e). The applicant should also be required to construct sidewalk on 2'12 Street abutting the site (see ACHD staff report). C. Miscellaneous: Below are some ordinance requirements that have not been addressed, or need to be further clarified, by the applicant to ensure compliance with Meridian City Code. Open Space: Meridian City Code 12-13 -16 requires all multi-family developments to provide common open space that equals or exceeds ten percent of the gross land area. Common open space means land exclusive of street rights-of-way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. At a minimum, common open space lots shall include one deciduous shade tree per 8,000 square feet and lawn, either seed or sod (MCC 12-13-16-5). In addition to the common open space requirement, Meridian City Code 12-6-2.AA states that all residential planned Exhibit "A" 15 of20 Planning & Zoning Commission/Mayor & City Council Hearing Date: March 18, 2004 Page 16 developments shall provide each dwelling unit with at least 100 square feet of useable private open space, such as a patio or deck. The applicant has not addressed either one of the open space requirements. Staff recommends that the applicant comply with the above-mentioned ordinance requirements for open space and present, at the public hearing, calculations explaining how the required common and usable private open space requirements will be met for the multi-family development. See Site Specific Conditions #9 & #10 below. Trash: MCC requires all trash and/or garbage collection areas for commercial, industrial, and multi- family residential uses to be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (41) in height or within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash or garbage as determined by the Administrator shall be provided. The applicant is proposing to enclose the garbage enclosures within the existing and proposed garages. The applicant should coordinate this proposal and garbage pick-up location with Sanitary Services Company (SSC). See Site Specific Condition #12 below and the attached comments from SSC at the end of this report. Signage: On the submitted site plan, a sign is proposed within the common Lot 1, Block 1. This sign is not approved with this application. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. SITE SPECIFIC CONDITIONS (CONDITIONAL USE) 1. All conditions of the previously approved, CUP-03-038, and concurrent Preliminary/Final Plat (PFP-04- 001) shall also be considered conditions of the subject Conditional Use Permit (CUP-04-003). 2. The minimum building setbacks for this development shall be as follows: 3-foot :front, 9-foot rear, and 6-foot side (the front orientation of the building on Lot 4, Block 1, shall be west; the front orientation of the buildings on Lots 2 and 3, Block 1, shall be north). Construction materials used on the structures shall be approved by City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 3. The minimum lot size for each buildable lot in the development shall be 4,000 square-feet. 4. There shall be no minimum frontage requirement for the lots within the development. 5. Access to the development shall be provided from a 25-foot wide (minimum) common drive aisle off2Y:z Street. The cross section ofthe drive aisle shall be built to ACHD standards for weight bearing purposes. 6. Standard parking stalls shall be 9-feet wide by 19-feet long. Designated compact stalls may be constructed to a width of7Y:z feet-wide (minimum) by I5-feet long. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. Exhibit "A" 16 of20 Planning & Zoning Commission/Mayor & City Council Hearing Date: March 18,2004 Page 17 7. The east leg of the common driveway is longer than ISO-feet and requires a Fire Department approved turnaround. The applicant shall either rotate the three eastern most parking stalls to face east, not south, OR construct a Fire Department approved turnaround at the east end ofthe development. All curbing adjacent to a turnaround areas shall be painted red and signed "No Parking Fire Lane". 8. As amenities for the planned development, construct a basketball court and a barbeque area. All lots within the development shall be provided with access to said amenities. Access shall either be provided with a note on the final plat, AND/OR within the CCR's. 9. Provide common open space that equals or exceeds ten percent of the gross land area for the development (excluding the landscape buffer on 2'i2 Street). Provide landscaping within the common open space in accordance with MCC 12-13-16-5. Present, at the public hearing, calculations and/or drawings that explain how the required common open space requirement will be met for the multi-family development. 10. Provide each dwelling unit with at least one hundred square feet of use able private open space, such as a patio or deck. Present, at the public hearing, calculations and/or drawings that explain how the required usable private open space requirement will be met for the multi-family development. 11. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 12. Coordinate the location and design oftrash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit an approved plan by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 13. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. 14. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature ofthe final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 15. Existing landscaping shall be protected and retained. A detailed landscape plan will be required when applying for a Certificate of Zoning Compliance. The landscape plan shall include mitigation measures for any trees that are removed. All trees installed within this development shall be a minimum of three- inch (2") caliper in size. GENERAL REQUIREMENTS Exhibit "A" 17 of 20 Planning & Zoning Commission/Mayor & City Council Hearing Date: March 18, 2004 Page 18 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act 4. Submit a drainage plan designed by a State of Idal10 licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal must be designed in accordance with Department ofEnviromnental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off- site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. Trash: The trash enclosure(s) shall be enclosed on at least three (3) sides by a solid wall or sight- obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1C. 6. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 7. A building permit shall be obtained prior to the start of construction. 8. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. 10. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. Exhibit "A" 18 of20 Planning & Zoning CommissionlMayor & City Council Hearing Date: March 18,2004 Page 19 Other Al!encylDepartment Comments & Conditions SANITARY SERVICES COMPANY (SSe) 1. Waste enclosure access: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of60 feet frontal clearance for such containels. 2. Waste enclosure pad: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a concrete pad inside of all enclosures. 3. Waste enclosure gate locks: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has gate locks for both open and closed positions. 4. Waste enclosure dimensions: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum 10 feet clearance inside of the enclosure gates with the gates in the open position. 5. Waste enclosure bumpers or stops: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has bumpers or stops inside of the enclosure to prevent the container from damaging enclosure walls and gates. 6. Waste enclosure user access: When possible, design the enclosure with an easy pedestrian access point other than the front gates. This will ensure less mess in the enclosure as well as reduce gate damage. MERIDIAN PARKS DEPARTMENY 1. Standards for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. MERIDIAN POLICE DEPARTMENT 1. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 2. The north fayade shall be designed to include windows that look onto the parking areas and/or other public areas. 3. Submit a revised landscape plan that demonstrates the following: the proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. In addition, any interior fencing shall allow visibility from the street or shall not exceed three feet in height if solid fencing is used. Exhibit "A" 19 of20 Planning & Zoning Commission/Mayor & City Council Hearing Date: March 18,2004 Page 20 MERIDIAN FIRE DEPARTMENT 1. A fire hydrant will be required to serve this development. Final Approval of the fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side ofthe hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius 0[28' inside and 48' outside. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. All curbing adjacent to the turnaround and entrance areas shall be painted red and signed "No Parking Fire Lane". RECOMMENDATION Staff recommends approval ofthe submitted PreliminarylFinal Plat (pFP-04-001), and Conditional Use Plermit (CUP-04-003) applications, with the conditions listed herein. Exhibit "A" 20 of20 .::.l:iO ':l~ ::>t:;'(,3 P.02/03 .% Land Consult(~ts, Inc. 52 N. 2nd Street · Eagle, Idaho 83616 · Office208.938.3812 · Fax 208.938.5873 ~ ~ March 16, 2004 l\.'~l~'\ {''( 1)'<\ ~-<;: p, '* ,. ll' 1 I ...3. ~',,i,,,"y;> -<,.,....,.-' ~~~. _.-ll. 1.A AR i " fif)f'l) lVt '.. 1 ~ t..~.Jt ~~ Meridian Planning and Zoning Commission City of Meridian 660 E. Watertower Lane, Suite 202 Meridian, Idaho 83642 . ty U{/,;t~!lj;jl;';'L RE: Troy Place Subdivision - Planning and Zoning Review Comments Dear Commission; With regards to the comments listed within the City Staff report dated March 15, 2004 for the Troy Palmer Subdivision planned unit development preliminary and final plat applications that win be before you on March 18m, please except the following reply to those commenl'S. PreliminarY Plat Site Specific Conditions: L -OK; 2. - OK, a Dote will be placed upon the prelim1n3l)' and final plat prior to City Council approval; 3. -OK; 4. - OK, the landscaping plan shall be updated and resubmitted to staff prior to City Council; 5. - OK; 6. - OK; 7. - OK; 8. - OK; 9. - OK; Preliminary Plat Site Specific Conditions: 1. - OK; 2. - OK; 3. - OK; 4. - OK; 5. - OK, All notes to be revised and resubmitted to staffprior to City Council; 6. - OK; 7. - OK; 8. - OK) to be revised and resubmitted to staff prior to City Council; 9. - OK. to be revised and resubmitted to staff prior to City Counci1~ 10. -OK; 11. -OK. All req,uirements - OK Standard Plat Conditions: MAR 16 '04 15:45 Exlub:f I' B /I / of ;L 208 938 5873 PAGF iii? ___ -'~v ...,10l"J t"'.~..j/l::lS . / " Site Specific Conditions (Conditional Use} L - OK; 2. - OK; 3. -OK; 4. - OK; 5. - OK; 6. - OK; 7. - OK; 8. - OK; 9. To be discussed with P&Z Commission 10. To be discussed with P&Z Commission 11. - OK, revised plans to be submitted prior to City Council 12. - OK; 13. - OK; 14. -OK; 15. -OK All additional comments and recommendations contained in the Staff Report are acceptable to the applicant upon approval by the Planning and illning Commission and City Council. Please include our comments as part oftbe record for Troy Place Subdivision. Please contact me if any questions may arise. Sincerely, ~/~ Shawn L. Nickel Representing PPN, LLC E;JL.'h;f "13 #I d-tJ-F;;L MAR 16 '04 15:45 208 938 5873 TOTAL P.03 PAGE. 03 May 20, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT PPN, LLC CUP 04-003 May 25, 2004 ITEM NO. U. t: REQUEST Findings - Request for a Conditional Use Permit for a Planned Development to allow for a multi-family development consisting of 1 tri-plex and 2 four-plexes with reduced street frontage setbacks, & minimum lot width requirements in an R-15 zone for Troy Place Sub - 1236 E. 2 1/2 Sf. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~ t\ (V; ~ ~vL Date: 5 -at{ Emailed: ~cuo f\ (t01~l\d CDVlSuJtai"'ts. n e~ Staff Initials: COMMENTS See attached App r(j\.Q Phone: mliY Materials presented at public meetings shall become property of the City of Meridian. RECEIVED MAY 1 8 200~ interoffice MEMORANDUM City Of Meridian City Clerk Office To: William G. Berg, Jr. From: William F. Nichols Subject: BY: PPN LLC FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR TROY PLACE SUBDNISION IN AN R-15 ZONE File No.: CUP-04-003 Date: May 17, 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\Meridian\Meridian 15360MlTroy Place Subdivision PFP.04-00 I CUP-04-003\ClkLtrCUPffcls&Order.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/11/04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR ) CONSISTING OF TWO FOUR- ) PLEXES AND ONE TRI-PLEX ON ) 0.73 ACRES IN AN R-15 ZONE FOR ) TROY PLACE SUBDIVISION, ) LOCATED ON THE EAST SIDE OF ) EAST 2 Yz STREET, GENERALLY ) EAST OF MAIN STREET AND ) APPROXIMATELY 1,300-FEET ) SOUTH OF FAIRVIEW AVENUE, ) IN SECTION 7, TOWNSHIP 3 ) NORTH, RANGE 1 EAST, ) MERIDIAN, IDAHO ) ) PPN~LLC, ) APPLICANT ) ) Case No. CUP-04-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on May 11,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Plalllling Director for the Platming and Zoning Department, Shawn Nickel, and Tom Stephens, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 28 having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 11, 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 May 11, 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 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R -15 zone and by reason of the provisions of the Meridian City Code ~ 11-17-4, a public hearing was required before the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 28 Council on this application. 4. The property is located on the east side of East 2 Y2 Street, generally east of Main Street and approximately 1,300-feet south ofFairview Avenue, in Section 7, Township 3 North, Range 1 East, Meridian, Idaho. 5. The owners of record of the subject property are Troy and Tawnee Palmer, and Troy Palmer has provided notarized consent for the subject application. 6. Applicant is PPN, LLC. 7. The subject property is currently zoned R-15. The zoning district ofR-IS 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 including two (2) four-plexes and one (1) tri-plex. The Planned Development designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses and exceptions, including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan ofthe City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 28 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Approve the revised site plan from Anderson David, dated March 11, 2004, with additional requirements that a landscape island be constructed in the proposed parking area, to break up the 13 proposed parking stalls; that the Fire Department approve the revised site plan; and that appropriate signage be installed for the no parking area adjacent to the accessible stall, as noted on the plan (see site specific condition #16 below). 2. Add a site specific condition requiring additional evergreens shrubbery on the north side of the property, adjacent to the existing single-family home (see site specific condition #17 below). B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE) 1. All conditions of the previously approved, CUP-03-038, and concurrent Preliminary/Final Plat (PFP-04-00 1) shall also be considered conditions of the subject Conditional Use Permit (CUP-04-003). 2. The minimum building setbacks for this development shall be as follows: 3-foot front, 9- foot rear, and 6-foot side (the front orientation of the building on Lot 4, Block 1, shall be west; the front orientation ofthe buildings on Lots 2 and 3, Block 1, shall be north). Construction materials used on the structures shall be approved by City of Meridian Building Department and in accordance with the most recent International Building Code. 3. The minimum lot size for each buildable lot in the development shall be 4,000 square- feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF28 4. There shall be no minimum frontage requirement for the lots within the development. 5. Access to the development shall be provided from a 25-foot wide (minimum) common drive aisle off 2 'is. Street. The cross section ofthe drive aisle shall be built to ACHD standards for weight bearing purposes. 6. Standard parking stalls shall be 9-feet wide by 19-feet long. Designated compact stalls may be constructed to a width of 7 'is. feet-wide (minimum) by IS-feet long. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 7. The east leg ofthe common driveway is longer than ISO-feet and requires a Fire Department approved turnaround. The applicant shall either rotate the three eastern most parking stalls to face east, not south, OR construct a Fire Department approved turnaround at the east end of the development. All curbing adjacent to a turnaround areas shall be painted red and signed "No Parking Fire Lane". 8. As amenities for the planned development, construct a basketball court and a barbeque area. All lots within the development shall be provided with access to said amenities. Access shall either be provided with a note on the final plat, AND/OR within the CCR's. 9. Provide common open space that equals or exceeds ten percent of the gross land area for the development ( excI uding the landscape buffer on 2 'is. Street). Provide landscaping wi thin the common open space in accordance with MCC 12-13-16-5. 10. Provide each dwelling unit with at least one hundred square feet of useable private open space, such as a patio or deck. 11. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission. 12. Coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit an approved plan by SSC, for the proposed trash enclosure location and design. An dumpster(s) must be screened in accordance with MCC 11-12-1.C. 13. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5- 2.K. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 28 14. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature ofthe final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 15. Existing landscaping shall be protected and retained. A detailed landscape plan will be required when applying for a Certificate of Zoning Compliance. The landscape plan shall include mitigation measures for any trees that are removed. All trees installed within this development shall be a minimum of three-inch (2") caliper in size. 16. The revised site plan from Anderson David, dated March 11, 2004, is approved with additional requirements that a landscape island be constructed in the proposed parking area, to break up the 13 proposed parking stalls; that the Fire Department approve the revised site plan; and that appropriate signage be installed for the no parking area adjacent to the accessible stall, as noted on the plan. 17. Install additional evergreen shrubs on the north side of the property, adjacent to the existing single- family home. Coordinate the design of the landscaping adjacent to the existing single- family home with Meridian Plmming and Zoning staff. GENERAL REQUIREMENTS 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate pennits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 28 5. Trash: The trash enclosure(s) shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1C. 6. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 7. A building permit shall be obtained prior to the start of construction. 8. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 11 0% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. 10. As part of a conditional use permit, the City of Meridian may Impose additional restrictions/ conditions. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on 2 Y2 Street abutting the parcel. Improvements shall be constructed to one-half of a 36-foot street section. 2. Utilize the existing access into the site located 5-feet south of the northern property line and pave the driveway its full width of 25-feet as proposed and at least 30-feet into the site beyond the edge of pavement of 2 ~ Street. This location meets District policy and is approved with this application. 3. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 28 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use ofthe property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 28 the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: I. A fire hydrant will be required to serve this development. Final Approval of the fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. All curbing adjacent to the turnaround and entrance areas shall be painted red and signed "No Parking Fire Lane". E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design ofthe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 28 F. Adopt the Recommendations ofthe Meridian Parks Department as follows: 1. Standards for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. G. Adopt the Recommendations of the Sanitary Services Company (SSe) as follows: 1. Waste enclosure access: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 feet frontal clearance for such containers. 2. Waste enclosure pad: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a concrete pad inside of all enclosures. 3. Waste enclosure gate locks: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has gate locks for both open and closed positions. 4. Waste enclosure dimensions: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum 10 feet clearance inside of the enclosure gates with the gates in the open position. 5. Waste enclosure bumpers or stops: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has bumpers or stops inside of the enclosure to prevent the container from damaging enclosure walls and gates, 6. Waste enclosure user access: When possible, design the enclosure with an easy pedestrian access point other than the front gates. This will ensure less mess in the enclosure as well as reduce gate damage. H. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a land use change application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 28 1. Adopt the Recommendations of the Meridian Police Department as follows: 1. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 2. The north fac;ade shall be designed to include windows that look onto the parking areas and/or other public areas. 3. Submit a revised landscape plan that demonstrates the following: the proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. In addition, any interior fencing shan allow visibility from the street or shall not exceed three feet in height if solid fencing is used. (See paragraph K.l. hereinbelow.) J. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Troy Place Subdivision will have a significant impact on school enrollments at Meridian Elementary, Meridian Middle, and Meridian High SchooL 3. We can predict that these homes, when completed, will house two (2) elementary aged children, one (1) middle school aged child, and one (1) senior high aged student. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. K. Adopt the action of the City Council taken at their May 11, 2004 meeting as follows: 1. The revised Landscape Plan submitted by the applicant dated April 8, 2004 is hereby approved. 2. The applicant shall continue to work with the neighbor Tom Stephens concerning the actual pin placement of the property between the two properties. 13. On the submitted site plan, the applicant has shown enough parking to accommodate the proposed uses. Although the site is large enough to accommodate all the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 28 development standards. Relief from the frontage, setback, driveway, and lot size standards were specifically requested in the conditional use permit (CUP/PD) application. It is found that none of the proposed lots meet the frontage, setback, or lot size standards of the R-15 zone. Staffis supportive of the requested lot frontage, setback, driveway, and lot site deviations because all of the proposed buildable lots within the subdivision have access to the common parking/drive lot and the proposed lots can accommodate the proposed building envelopes with a modification to the standard setbacks. Meridian City Code 12-13-16 requires all multi-family developments to provide common open space that equals or exceeds ten percent of the gross land area. Common open space means land exclusive of street rights-of-way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. At a minimum, common open space lots shall include one deciduous shade tree per 8,000 square feet and lawn, either seed or sod (MCC 12-13- 16-5). In addition to the common open space requirement, Meridian City Code 12-6-2.A.4 states that all residential planned developments shall provide each dwelling unit with at least one hundred square feet of use able private open space, such as a patio or deck. It is found that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance and/or by modifying the requirements through the Planned Development and Alternative Compliance processes. 14. It is found that the proposed development is harmonious with the current Comprehensive Plan Land Use Map (2002) which designates the property as "High Density Residential" . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 28 It is found the development plan is, or can be made to be, in compliance with the requirements of the Zoning Ordinance and the adopted Comprehensive Plan, if the applicant complies with the Site Specific and General Conditions contained in the Staff Report. 15. It is found that the proposed apartment houses will be compatible with other uses in the neighborhood and with the intended character of the general vicinity, which is essentially a mix of residential and commercial uses. 16. It is not anticipated that the proposed use will have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained in accordance with the Site Specific and General Conditions of approval. 17. The subject site has adequate access to Fairview Avenue and Main Street via local streets in the area. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to the site and surrounding properties. The site is serviced by city water and sewer currently. It is found that the proposed development is currently adequately served by the essential public facilities and services listed in paragraph 12 hereinabove. 18. Because this is an infill site and because public facilities and services are provided to the site and the surrounding vicinity currently, it is found that the proposed use will not be detrimental to the economic welfare of the community, nor will it create the need for any new facilities or services to be paid for by the public. 19. This development is estimated to generate 29 additional vehicle trips per day (18 existing) based on the Institute of Transportation Engineers Trip Generation Manual. The proposed residential use is consistent with the existing residential use on the site. It is not FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 28 anticipated that the proposed use, will be detrimental to the general welfare of the community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated by the proposed residential use. 20. The applicant is proposing to construct a new 25-foot wide driveway off East 2 11 Street, located near the site's north property line. ACHD staffhas reviewed and approved this one vehicular approach to the site. It is found that the proposed use and associated approach will not create significant interferences with any traffic on the surrounding public streets. 21. There appears to be no natural, scenic or historic features in the general vicinity of this project. It is found that no site improvements associated with the conditional use application should damage natural, scenic or historic features in the area. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. ~67-6503). 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 provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 28 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 ofthe 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 establislunent 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 oftraffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium High Density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 28 Residential District (R-15), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code ~ 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modifY the 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 ~ 11-1 7 -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; B. Control the sequence and timing of development; C. Control the duration of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 28 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 including two (2) four-plexes and one (1) tri-plex in an R-I5 zone located on the east side of East 2 Y2 Street, generally east of Main Street and approximately 1,300-feet south of Fairview Avenue, in Section 7, Township 3 North, Range 1 East, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Approve the revised site plan from Anderson David, dated March 11,2004, with additional requirements that a landscape island be constructed in the proposed parking area, to break up the 13 proposed parking stalls; that the Fire Department approve the revised site plan; and that appropriate signage be installed for the no parking area adjacent to the accessible stall, as noted on the plan (see site specific condition #16 below). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 28 2. Add a site specific condition requiring additional evergreens shrubbery on the north side of the property, adjacent to the existing single-family home (see site specific condition #17 below). B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE) 1. All conditions of the previously approved, CUP-03-038, and concurrent Preliminary/Final Plat (PFP-04-001) shall also be considered conditions ofthe subject Conditional Use Pennit (CUP-04-003). 2. The minimum building setbacks for this development shall be as follows: 3-foot front, 9- foot rear, and 6-foot side (the front orientation ofthe building on Lot 4, Block 1, shall be west; the front orientation ofthe buildings on Lots 2 and 3, Block 1, shall be north). Construction materials used on the structures shall be approved by City of Meridian Building Department and in accordance with the most recent International Building Code. 3. The minimum lot size for each buildable lot in the development shall be 4,000 square- feet. 4. There shall be no minimum frontage requirement for the lots within the development. 5. Access to the development shall be provided from a 25-foot wide (minimum) common drive aisle off2~ Street. The cross section of the drive aisle shall be built to ACHD standards for weight bearing purposes. 6. Standard parking stalls shall be 9-feet wide by 19-feet long. Designated compact stalls maybe constructed to a width of712 feet-wide (minimum) by IS-feet long. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 7. The east leg of the common driveway is longer than ISO-feet and requires a Fire Department approved turnaround. The applicant shall either rotate the three eastern most parking stalls to face east, not south, OR construct a Fire Department approved turnaround at the east end of the development. All curbing adjacent to a turnaround areas shall be painted red and signed ''No Parking Fire Lane". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 28 8. As amenities for the planned development, construct a basketball court and a barbeque area. All lots within the development shall be provided with access to said amenities. Access shall either be provided with a note on the final plat, AND/OR within the CCR's. 9. Provide common open space that equals or exceeds ten percent of the gross land area for the development (excluding the landscape buffer on 2'i1: Street). Provide landscaping within the common open space in accordance with MCC 12-13-16-5. 10. Provide each dwelling unit with at least one hundred square feet of useable private open space, such as a patio or deck. 11. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission. 12. Coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit an approved plan by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-l.C. 13. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5- 2.K. 14. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 15. Existing landscaping shall be protected and retained. A detailed landscape plan will be required when applying for a Certificate of Zoning Compliance. The landscape plan shall include mitigation measures for any trees that are removed. All trees installed within this development shall be a minimum of three-inch (2") caliper in size. 16. The revised site plan from Anderson David, dated March 11, 2004, is approved with additional requirements that a landscape island be constructed in the proposed parking area, to break up the 13 proposed parking stalls; that the Fire Department approve the revised site plan; and that appropriate signage be installed for the no parking area adjacent to the accessible stall, as noted on the plan. 17. Install additional evergreen shrubs on the north side of the property, adjacent to the existing single-family home. Coordinate the design of the landscaping adjacent to the existing single- family home with Meridian Planning and Zoning staff. GENERAL REQUIREMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 28 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. Trash: The trash enclosure(s) shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1 C. 6. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 7. A building permit shall be obtained prior to the start of construction. 8. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 11 0% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. This conditional use pennit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 28 10. As part of a conditional use permit, the City of Meridian may impose additional restrictions! condi tions. D. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on 2 ~ Street abutting the parcel. Improvements shall be constructed to one-half of a 36-foot street section. 2. Utilize the existing access into the site located 5-feet south of the northern property line and pave the driveway its full width of25-feet as proposed and at least 3D-feet into the site beyond the edge of pavement of2 ~ Street. This location meets District policy and is approved with this application. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF .LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 28 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal reliefis granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. A fire hydrant will be required to serve this development. Final Approval of the fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 28 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. All curbing adjacent to the turnaround and entrance areas shall be painted red and signed "No Parking Fire Lane". E. Adopt the Recommendations ofthe Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for storm water disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Standards for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. G. Adopt the Recommendations of the Sanitary Services Company (SSe) as follows: 1. Waste enclosure access: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 feet frontal clearance for such containers. 2. Waste enclosure pad: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a concrete pad inside of all enclosures. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 28 3. Waste enclosure gate locks: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has gate locks for both open and closed positions. 4. Waste enclosure dimensions: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum 10 feet clearance inside of the enclosure gates with the gates in the open position. 5. Waste enclosure bumpers or stops: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has bumpers or stops inside of the enclosure to prevent the container from damaging enclosure walls and gates. 6. Waste enclosure user access: When possible, design the enclosure with an easy pedestrian access point other than the front gates. This will ensure less mess in the enclosure as well as reduce gate damage. H. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a land use change application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. I. Adopt the Recommendations of the Meridian Police Department as follows: 1. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 2. The north fa<;:ade shall be designed to include windows that look onto the parking areas and/or other public areas. 3. Submit a revised landscape plan that demonstrates the following: the proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. In addition, any interior fencing shall allow visibility from the street or shall not exceed three feet in height if solid fencing is used. (See paragraph K.l. hereinbelow.) J. Adopt the Recommendations/Comments of Joint School District No.2 as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 28 ( 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Troy Place Subdivision will have a significant impact on school enrollments at Meridian Elementary, Meridian Middle, and Meridian High School. 3. We can predict that these homes, when completed, will house two (2) elementary aged children, one (1) middle school aged child, and one (1) senior high aged student. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. K. Adopt the action of the City Council taken at their May 11,2004 meeting as follows: 1. The revised Landscape Plan submitted by the applicant dated April 8, 2004 is hereby approved. 2. The applicant shall continue to work with the neighbor Tom Stephens concerning the actual pin placement of the property between the two properties. 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. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 25 OF 28 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 ofthe project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCe 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 26 OF 28 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 w6521 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 ofthis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. '2Sth By action of the City Council at its regular meeting held on the _ day of mllJ , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED* COUNCILMAN BILL NARY COUNCILMAN KEITH BIRD VOTED~ MA YOR TAMMY de WEERD (TIE BREAKER) VOTED --- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 27 OF 28 DATED: 5.15- 04- MOTION: APPROVED:L DISAPPROVED: Attest: ~p - - eopy served upon the Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. BY,Ju.o. _~, N\ City Clerk's Office Dated: ~f'C,' I :;'OO<L FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 28 OF 28 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/11/04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR ) CONSISTING OF TWO FOUR- ) PLEXES AND ONE TRI-PLEX ON ) 0.73 ACRES IN AN R-15 ZONE FOR ) TROY PLACE SUBDIVISION, ) LOCA TED ON THE EAST SIDE OF ) EAST 2 Yz STREET, GENERALLY ) EAST OF MAIN STREET AND ) APPROXIMA TEL Y 1,300-FEET ) SOUTH OF FAIRVIEW A VENUE, ) IN SECTION 7, TOWNSHIP 3 ) NORTH, RANGE 1 EAST, ) MERIDIAN, IDAHO ) ) PPN, LLC, ) ) APPLICANT ) ) Case No. CUP-04-003 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on May 11, 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 including two (2) four-plexes and one (1) tri-plex in an R-15 zone located on the ORDER CONDITIONAL USE PERMIT (CUP-04-003) PAGE 1 OF 12 east side of East 2 Y2 Street, generally east of Main Street and approximately 1,300-feet south of Fairview Avenue, in Section 7, Township 3 North, Range I East, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Approve the revised site plan from Anderson David, dated March 11,2004, with additional requirements that a landscape island be constructed in the proposed parking area, to break up the 13 proposed parking stalls; that the Fire Department approve the revised site plan; and that appropriate signage be installed for the no parking area adjacent to the accessible stall, as noted on the plan (see site specific condition #16 below). 2. Add a site specific condition requiring additional evergreens shrubbery on the north side of the property, adjacent to the existing single-family home (see site specific condition #17 below). B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE) 1. All conditions of the previously approved, CUP-03-038, and concurrent PreliminarylFinal Plat (PFP-04-00 1) shall also be considered conditions ofthe subject Conditional Use Permit (CUP -04-003). 2. The minimum building setbacks for this development shall be as follows: 3-foot front, 9- foot rear, and 6-foot side (the front orientation of the building on Lot 4, Block 1, shall be west; the front orientation of the buildings on Lots 2 and 3, Block 1, shall be north). Construction materials used on the structures shall be approved by City of Meridian Building Department and in accordance with the most recent International Building Code. 3. The minimum lot size for each buildable lot in the development shall be 4,000 square- feet. 4. There shall be no minimum frontage requirement for the lots within the development. 5. Access to the development shall be provided from a 25-foot wide (minimum) common drive aisle off2Y2 Street. The cross section ofthe drive aisle shall be built to ACHD standards for weight bearing purposes. ORDER CONDITIONAL USE PERMIT (CUP-04-003) PAGE 2 OF 12 6. Standard parking stalls shall be 9-feet wide by 19-feet long. Designated compact stalls maybe constructed to a width of7"h. feet-wide (minimum) by IS-feet long. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 7. The east leg of the common driveway is longer than I 50-feet and requires a Fire Department approved turnaround. The applicant shall either rotate the three eastern most parking stalls to face east, not south, OR construct a Fire Department approved turnaround at the east end of the development. All curbing adjacent to a turnaround areas shall be painted red and signed "No Parking Fire Lane". 8. As amenities for the planned development, construct a basketball court and a barbeque area. All lots within the development shall be provided with access to said amenities. Access shall either be provided with a note on the final plat, AND/OR within the CeR's. 9. Provide common open space that equals or exceeds ten percent ofthe gross land area for the development (excluding the landscape buffer on 2"h. Street). Provide landscaping within the common open space in accordance with MCC ] 2-13-16-5. 10. Provide each dwelling unit with at least one hundred square feet of useable private open space, such as a patio or deck. 11. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission. 12. eoordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZe) submittal, the applicant shall submit an approved plan by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with M CC 11-12-1. C. 13. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5- 2.K. 14. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature ofthe final plates) by the eity Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. ORDER CONDITIONAL USE PERMIT (CUP-04-003) PAGE 3 OF 12 15. Existing landscaping shall be protected and retained. A detailed landscape plan will be required when applying for a Certificate of Zoning eompliance. The landscape plan shall include mitigation measures for any trees that are removed. All trees installed within this development shall be a minimum of three-inch (2") caliper in size. 16. The revised site plan from Anderson David, dated March 11, 2004, is approved with additional requirements that a landscape island be constructed in the proposed parking area, to break up the 13 proposed parking stalls; that the Fire Department approve the revised site plan; and that appropriate signage be installed for the no parking area adjacent to the accessible stall, as noted on the plan. 17. Install additional evergreen shrubs on the north side of the property, adjacent to the existing single-family home. Coordinate the design of the landscaping adjacent to the existing single- family home with Meridian Planning and Zoning staff. GENERAL REQUIREMENTS 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. Trash: The trash enclosure(s) shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1 C. ORDER CONDITIONAL USE PERMIT (CUP-04-003) PAGE 4 OF 12 6. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 7. A building permit shall be obtained prior to the start of construction. 8. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. 10. As part of a conditional use permit, the City of Meridian may Impose additional restrictions/ condi tions. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on 2 Y2 Street abutting the parcel. Improvements shall be constructed to one-half of a 36-foot street section. 2. Utilize the existing access into the site located 5-feet south of the northern property line and pave the driveway its full width of 25-feet as proposed and at least 3D-feet into the site beyond the edge of pavement of 2 ~ Street. This location meets District policy and is approved with this application. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. ORDER CONDITIONAL USE PERMIT (CUP-04-003) PAGE 5 OF 12 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 AeHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of ORDER CONDITIONAL USE PERMIT (CUP-04-003) PAGE 6 OF 12 the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. A fire hydrant will be required to serve this development. Final Approval of the fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. All curbing adjacent to the turnaround and entrance areas shall be painted red and signed "No Parking Fire Lane". E. Adopt the Recommendations ofthe Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. ORDER CONDITIONAL USE PERMIT (CUP-04-003) PAGE 7 OF 12 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 the Meridian Parks Department as follows: 1. Standards for Mi tigati on of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. G. Adopt the Recommendations ofthe Sanitary Services Company (SSe) as follows: 1. Waste enclosure access: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has drive~on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 feet frontal clearance for such containers. 2. Waste enclosure pad: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a concrete pad inside of all enclosures. 3. Waste enclosure gate locks: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has gate locks for both open and closed positions. 4. Waste enclosure dimensions: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum 10 feet clearance inside of the enclosure gates with the gates in the open position. 5. Waste enclosure bumpers or stops: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has bumpers or stops inside of the enclosure to prevent the container from damaging enclosure walls and gates. 6. Waste enclosure user access: When possible, design the enclosure with an easy pedestrian access point other than the front gates. This will ensure less mess in the enclosure as well as reduce gate damage. H. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a land use change application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. ORDER CONDITIONAL USE PERMIT (CUP-04-003) PAGE 8 OF 12 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. I. Adopt the Recommendations ofthe Meridian Police Department as follows: 1. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 2. The north fayade shall be designed to include windows that look onto the parking areas and/or other public areas. 3. Submi t a revised landscape p Ian that demonstrates the fo llowing: the proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. In addition, any interior fencing shall allow visibility from the street or shall not exceed three feet in height if solid fencing is used. (See paragraph K.1. hereinbelow.) J. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Troy Place Subdivision will have a significant impact on school enrollments at Meridian Elementary, Meridian Middle, and Meridian High School. 3. We can predict that these homes, when completed, will house two (2) elementary aged children, one (]) middle school aged child, and one (1) senior high aged student. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. K. Adopt the action of the City Council taken at their May 11, 2004 meeting as follows: 1. The revised Landscape Plan submitted by the applicant dated April 8, 2004 is hereby approved. 2. The applicant shall continue to work with the neighbor Tom Stephens concerning the ORDER CONDITIONAL USE PERMIT (CUP-04-003) PAGE 9 OF 12 actual pin placement of the property between the two properties. 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 complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to ORDER CONDITIONAL USE PERMIT (CUP-04-003) PAGE 10 OF 12 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.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 967-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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. 25~ By action of the City Council at its regular meeting held on the day of m~ ,2004. ORDER CONDITIONAL USE PERMIT (CUP-04-003) PAGE 11 OF 12 SEAL rJ C: cS", ~~Q/ ^' o~ 'J 0~. U-3r 1S\ . ~ ,.f ';. "i ,-",'\;- " -; f'A \v ,'- ';tll.~VUt>rr{. \\\" Copy served upon the Applicant, the Plaruii'ftg'and\~()riing Department, Public Works Department and City Attorney. Tammy de e \\\\lllllllHUII \\\ 1l.A1;e" III "'\1 Of M<...r(I/), 'I" ,'- A!~ ~.A 'I' ;.$' (;.' :f\POfW -11--~-/ :: .<;,0 ~ ~ l ~ 0 ~ ayor eity of Meridian Attest: By: , i~o..)J ~ I UL City Clerk's Office Dated: 3lLf\...L 'l ;) 004-. Z:\Work\M\Meridian\Meridian I 5360MlTfOY Place Subdivision PFP.04-001 CUP-04-003\0I'derCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-04-003) PAGE 12 OF 12 ( May 20, 2004 MERIDIAN CITY COUNCIL MEETING RZ 04-001 May 25, 2004 ITEM NO. -" It ~ APPLICANT Merlyn and Brandon Schmeckpeper REQUEST Order Accepting Withdrawl of Application - Request for a Rezone of .353 acres from R-4 to O-T zones for NIDA YS Addition - 230 West Pine Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Arrro~ Vf)ate: 'i) -;;;;;....L! Staff Initials: Phone: ~ Contacted: Emailed: Materials presented at public meetings shall become property of the city of MeridIan. ( RE EIVED MAY 1 4 2004 City Of Meridian City Clerk Office WHITE PETERSON ATTORNEYS AT LAw KEVIN E. DINIUS JULIE I(~EIN FISCHER CHRISTOPHER D. G,lllllERT WM. F. GIGR.oW, III T. GUY HALL"M H JlllS. HOltNKA JOHN R. KORMANIK' WIlLIAM A. MORROW WIlLIAM F. NtCHOLS .. 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 CHRtSTOPHERS. NYE PHrLlP A. PETERSON TODD A. ROSSMM~ TERRENCE R. WHITE ... . Also admitted in CA .. Also admitted in OR ... Also admitted in WA May 14, 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: Merlyn and Brandon Schmeckpepper / Nidays Addition / Order Accepting Withdrawal of Application for Rezone (RZ-04-001) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER ACCEPTING WITHDRAWAL OF APPLICATION FOR REZONE for approval and signature by the Mayor and yourself. Please serve a copy ofthe ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Very trol y yours, Wm. F. Nichols z:\ Work\M\Meridian\Meridian 1 5360MINidays Addition RZ-04-00 I CUP-04-005\Clel'k Withdrawal Ltr RZ 05 14 04.doc BEFORE THE MERIDIAN CITY COUNCIL C/C 05/11/04 IN THE MATTER OF THE ) APPLICATION OF MERL YN AND ) BRANDON SCHMECKPEPPER ) FOR REZONE OF .353 ACRES FOR ) NIDAYS ADDITION, LOCATED AT ) 230 WEST PINE AVENUE, ) MERIDIAN, IDAHO ) ) CASE NO. RZ-04-001 ORDER ACCEPTING WITHDRAWAL OF APPLICATION FOR REZONE The applicant having withdrawn the Application for Rezone for Nidays Addition, during the hearing held in front of the City eouncil on May 11; 2004, the withdrawal is hereby accepted and the matter is dismissed. By action of the City Council at its regular meeting held on the 25th day of {Y\L~ , 2004. Attest: - - - ORDER ACCEPTING WITHDRAWAL OF REZONE FOR NIDA YS ADDITION - RZ-04-00 1 Page 1 of2 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. BY~~~ffi-t'9- . City Clerk Dated: f-I-~f ff'":. ," \ ob.:.. .u \\7. ,!?;J:: vi:) C?J....... ~ ~:? v(./n_ ><;'.0 ~ C() "J IS1:. X" '" Z:\ Work\M\Meridian\Meridian I 5360MlNidays Addition RZ-04-00 1 CUP-04-005\Ol'derAccePtingWithdnl~vatkz:q~i fy,rr'( . ~~"....~~ '///i.. C '.. ~ ~\\\\ , t i I j I ! ~ ~ 'l t 1 \ \' \ ORDER ACCEPTING WITHDRAWAL OF REZONE FOR NIDAYS ADDITION - RZ-04-001 Page 2 of2 May 20, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT May 25, 2004 REQUEST Safety Consulting and Advisory Services - First Link Safety ( ITEM NO. ~ 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 Arr(6Y G Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEIVED MAY 20 2004 City Of Meridian City Clerk Office Memo To: Brad Watson From: Lenard Grady fi~ CC: Gary Smith Date: 5/20/2004 Re: Proposed Agenda Items for May 25, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the May 25 City Council consent agenda: Safety Consultinq and Advisory Services - First Link Safety Attached is a contract with First Link Safety for $2,OOO/month for 6 months and renewable for an additional 6 months. First Link will help implement our developing safety program. They will provide the necessary training and documentation to get us up to current standards. In addition, they will help investigate accidents, incidents, and close calls. With the size of our group, we can not justify a full time Safety Director. This is a good alternative. Recommended Council Action: The Public Works Department recommends that City Council approve the $12,000 contract with First Link Safety for Consulting Services and authorize the Mayor to sign it. From the desk of... Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Jdaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 gradyl@meridiancity.org May 12, 2004 City of Meridian Attn: Lenard Grady 660 E. Watertower, Suite 200 Meridian, 10 83642 Dear Len: Enclosed is our revised agreement and copy of "Part 1 (Draft) by HDR" as you requested. Please let me know if you have any further questions or revisions. Sincerely, ~ _l hdwvf\..J.-./ 1ZVd'- c..BU Bob Kohnke FIRST LINK SAFETY SERVICES 1717 N. 17th St., Boise, ID 83702 - (208)941-6818 "A Safety & Risk Management Company" ( AGREEMENT FOR SAFETY SERVICES Between City of Meridian Health and Safety Program and First Link Safety, Inc. First Link Safety, Inc. agrees that it will provide safety consulting and advisory services for the implementation, administration and monitoring of The City of Meridian's safety program. Services include; initial review and update of safety program as needed, provide current information on regulatory changes, program start-up review, site safety consultation, accident investigation, monthly review, safety training, and regular project site audits. Safety Training is to Include: . Areas required as outlined in table 4-1, "Training Requirements." First Link Safety, Inc. agrees to the following: · Review and implementation of the safety program by July 1,2004. · Site Audits - on a regular basis, unannounced. . Regular safety meetings with crews - as required. · Provide Safety Training of Personnel - as required by The City of Meridian. · Review and implementation of the HDR document "Health and Safety Program," revised 04 April of 2004. This document is part of this proposal as outlined. Note: Jobsite audits are neither guaranteed nor warranted to be accurate nor complete. It is the best good faith effort of First Link Safety, Inc. to note some, but not all, hazards seen at the site of the review and suggest remedial action. In making the review, and providing the audit report, neither the writer, nor First Link Safety, Inc., intends to, nor does undertake any obligation to the contractor(s) being reviewed. This report is not intended to indicate that any hazards are adequately controlled, nor that any conditions exist, nor changed in accordance with the recommendations of this report, meet the requirements of any applicable federal, state or local law, regulation or ordinance. The City of Meridian agrees to pay Two Thousand Dollars and 001100 - $2.000 per month for the above detailed services. The payment will be made to First Link Safety, Inc. upon receipt of an invoice. Additional costs incurred by First Link Safety, Inc., including but not limited to; copies and supplies, travel outside the Boise, Idaho metro area, auto mileage, hotel and airfare will be reimbursed to First Link Safety, Inc. by The City of Meridian. This agreement will be for a duration of a 6 month period, renewable for an additional 6 months per agreement by both parties. Robert J. Kohnke, President First Link Safety Services Tammy de Weerd, Mayor The City of Meridian First Link Safety, Inc. 1717 N. 1ih St., Boise, ID 83702 Cell: 208.941-6818, Fax: 208-384~9039, Pager: 208-388-3508 "A Safety and Risk Management Company" < HEALTH AND SAFETY PROGRAM I Page 1 of 18 1.0 DEPARTMENT HEALTH AND SAFETY POLICY STATEMENT The City of Meridian Department of Public Works (Department) has always been committed to providing our employees with a safe and healthful workplace. No activity conducted by Department employees is so important that we cannot afford to conduct the activity in a safe and healthful manner. This written program is testament to the Department's commitment to employee health and safety. We believe every employee is entitled to a safe and healthful work place, and should contribute to maintaining such an environment. It is for this reason that the Department maintains a policy to comply with all City of Meridian Health and Safety (CMH&S) Occup3tional he3!th and 83fety regulations. The Department also accepts the responsibility for providing appropriate health and safety training for our employees, and providing employees with the means to conduct their activities in a safe manner. Our management and supervisory personnel are encouraged to develop and foster attitudes that are conducive to providing a safe and healthful workplace for our employees. These individuals are also responsible for the implementation of health and safety practices throughout the organization. Finally, we expect all employees to be genuinely committed to cooperate with all aspects of our health and safety program while conducting their activities. Only through the' joint effort of our entire work force can we succeed in providing all of our people with a work place that is free from unnecessary dangers. Gary Smith, PE Public Works Director City of Meridian, ID City of Meridian, JD. Approved By: Smith, Grady, Clinton and H&S Program Rev. 1{} Shawcroft Revision Date: 04=l-/G413/04 HEALTH AND SAFETY PROGRAM I Page 2 of 181 2.0 HEALTH AND SAFETY ORGANIZATION 2.1 Purpose and Background This Department Health and Safety- (H&S) Program has been developed to assist in the recognition of unsafe conditions, and the prevention of injuries resulting from exposure to these conditions. The Department recognizes that (A) this plan is constantly evolving, as new hazards are encountered and new knowledge is gained, and (B) that a written, formalized safety program is only effective if it is understood, accepted and implemented. While this section describes the organizational framework of individuals that are tasked with specific responsibilities, it is also understood that every Department employee is also represented in this structure, and has the important task of implementation. 2.2 CMH&SOrganizational Structure This section depicts the Department Health and Safety Program's organizational structure and describes the responsibilities and functions of each component. The health and safety organizational structure is shown in Figure 2-1. The Director of Safety has the ultimate responsibility of developing and implementing this Health and Safety Program. Structurally, the Safety Steering Committee will oversee the program's effectiveness, and facilitate, stimulate, and maintain interest in Department health and safety issues across the Water, Wastewater and Engineering Groups. The Department Safety Committee will be the primary means of facilitating communication and coordination between management and employees on matters of health and safety. The Safety Committee also serves as an open forum for discussing changes in rules and regulations. programs, and potential new hazards. The key person in this structure is the Director of Safety, who, with support from the Safety Steering Committee, is responsible for the overall direction and management of the Program. The Director of Safety reports to the Public Works Director, who reports to the City of Meridian Mayor. In order to implement this program at the Group level, each Group (Water. Wastewater and Engineering) has an individual selVing as a Safety Representative (SR) on the Department Safety Committee. Each SR is responsible for coordinating health and safety issues for their respective Group, On issues relating to safety. they report to and receive guidance from the Director of Safety. At the Group level, the SR consults with, and provides health and safety guidance to, each Group Superintendent/Manager and employees. City of Meridian, 10. Approved By: Smith, Grady. Clinton and H&S Program Rev. lQ Shawcroft Revision Date: 044/0413/04 HEAL TH AND SAFETY PROGRAM I Page 3 of 181 FIGURE 2-1 . HEALTH AND SAFETY PROGRAM ORGANIZATION Public Works Director Gary Smith, PE ~ Safety Steering Committee ... Director of Safety ... To Be Determined Director of Safety ~ To Be Determined Safety Committee City Enoineer Brad Watson, PE Water Group SR To Be Determined Water Superintendent Rick Clinton Wastewater Group SR To Be Determined Wastewater Superintendent Group Superintendents John Shawcroft Engineering Group SR To Be Determined Water Superintendent Staff Enoineer .... ~ Rick Clinton Len Grady ~ ~ Director of Safety To Be Determined Wastewater Committee Secretary Superintendent To Be Determined Group Superintendent John Shawcroft To Be Determined Sta#-Enaineerina ., ech 3 Committee Secrebry Bruce Freckleton beB To 80 Deter:Tl!nod GFaEiy ! ~ Department Employees All Water, Wastewater and Engineering Group Employees City of Meridian, 10. Approved By: Smith, Grady, Clinton and H&S Program Rev. 19 Shawcroft Revision Date: O~/Q.:l.13/04 HEAL TH AND SAFETY PROGRAM I Page 4 of 181 2.3 Safety Steering Committee 2.3.1 Composition The composition of the Safety Steering Committee includes the Director of Safety (Chairman) and selected personnel from within the Department. It is intended that most members will be at the manager level, and that members from Water, Wastewater and Engineering will be included. The current members and their positions are as follows; . Director of Safety (Chairman) - To Be Determined . City Engineer - Brad Watson, PE . Water Superintendent - Rick Clinton . Wastewater Superintendent - John Shawcroft . Staff Engineer - Len Grady . Committee Secretary - To Be Determined Safety Steering Committee membership will normally include personnel from the above positions, however, the Department does recognize the advantage of receiving fresh perspectives on our safety program and encourages any employee mooting tho requirements outlinod herein to volunteer for participation. Membership application will be directed to the Chairman; nominations will be generated within, and approved by, the Committee. 2.3.2 Purpose The Safety Steering Committee has the responsibility of reviewing the Department Health and Safety Program and providing recommendations for revisions necessary to keep the Program current with Department changes, needs, and demands. The Director of Safety wilt conduct annual internal health and safety assessments of the respective Group activities, and report the findings to the Safety Steering Committee. The Safety Steering Committee, in turn, will report the results of their findings to the PubJic Works Director. The Safety Steering Committee acts in an advisory capacity. Substantive changes to the Department Health and Safety Program must be approved by Department management throughvia the Safety Steering Committee. The Safety Steering Committee will meet once a year, at a minimum, or more frequently as required. The Director of Safety will provide initial meeting agendas to all Safety Steering Committee members; however, each meeting will include time for open discussion of concerns raised by any member. City of Meridian, JD. Approved By: Smith, Grady, Clinton and H&S Program Rev. 1G Shawcroft Revision Date: 044/94-13/04 A ,\\ w\ ~~ 25. ~. ~". o~ ~'CA ~. ~ HEAL TH AND SAFETY PROGRAM I Page 5 of 181 The Safety Steering Committee will meet to: · Review all pertinent facts surrounding any "Serious Accident" (See definition, Section 6.1) occurring since the last Committee meeting. . Discuss the Department Health and Safety Program and evaluate effectiveness. . Conduct an annual review of the status of the Department Health and Safety Program for presentation to the Public Works Director. This task will be performed by the Director of Safety. Discuss ways of improving employee health and safety education, including the preview of proposed accident prevention or safety training materials or presentations. . Review employee suggestions for workplace or project health and safety improvements. Review results of the annual health and safety assessments. Review progress on solving problems previously identified and recommending solutions. Discuss where observance of safe practices or unsafe conditions needs to be improved. Meeting minutes will be recorded by the Director of Safety Steering Committee Secret::lt)' and provided to all Safety Steering Committee members. Minutes will contain: · Date(s) and location of the meeting. · Names of the members present and absent. · Safety issues discussed. (Each issue written in the minutes must be numbered and described for future reference). · Safety issues still unresolved, their status, and next action to be taken. · New action items that were addressed. (Individual responsibilities will be defined along with prospective due dates). Meeting minutes will be prepared by the selected committee secretary, distributed and permanently retained by the Committee Chairman. These City of Meridian, 10. Approved By: Smith, Grady, Clinton and H&S Program Rev. 1Q Shawcroft Revision Date: 044/M 13/04 HEALTH AND SAFETY PROGRAM I Page6of18I minutes shall be available for employee review, upon request to the Chairman. 2.4 Department Safety Committee The Department believes in employee involvement in safety, and has found that the use of a safety committee provides an excellent forum for issue identification and resolution. Therefore, a Department Safety Committee will be established as follows: 2.4.1 Composition The Department Safety Committee will be composed of one Safety Representative from each Group (Water, Wastewater and Engineering), the Director of Safety, at least one of the Group Superintendents and selected Department personnel, one of who will serve as secretary. The committee will select one of the SRs to chair the committee. Committee membership appointments shall normally be for two years, but this is subject to modification, based on unique situations that may be encountered. The Department encourages eveI)' interested employee to selVe on the safety commfftee. The Committee shall meet at least once every month. 2.4.2 Purpose Each SR is responsible for monitoring health and safety conformance in their Group and advising the Safety Committee on ways to improve the administration and implementation of the Health and Safety Program. The purpose of the Committee will also be to facilitate, stimulate, and maintain interest in health and safety within their respective Groups. Meeting agendas will be prepared by the Safety Committee Chair with the assistance of the Director of Safety, and will be provided in advance to all Committee members. The Committee will meet to: · Review and discuss health and safety issues that arise in day-to-day activities, in anticipation of unusual projects, or as a follow-up to projects of special interest regarding health and safety. · Review employee suggestions for health and safety improvements. · Review the outcome and factors involved with any accidents or State compliance audits. . City of Meridian, rD. Approved By: Smith, Grady, Clinton and H&S Program Rev. if} Shawcroft Revision Date: 04+/iJ4-13/04 HEALTH AND SAFETY PROGRAM I page70f18! . Discuss where observance of safe practices or work conditions needs to be improved. . Talk, demonstrate, or preview audio-visual presentations on appropriate accident prevention or safety training materials. /p'f Y JY of . Identify future safety training needs. Identify. for budqeting purposes. resources needed to implement health & safety improvements or proQrams and provide to steerinq committee bv March 1 annuallv. Meeting minutes will be recorded by the Committee Secretary and provided to all Committee members. The minutes must contain: . . Date/Location of meeting. . Names of the members present and absent. . Synopsis of all topics discussed. . Safety issues still unresolved, their status, and next action to be taken. . Each issue written in the minutes must be numbered and described for future reference. . New action items must be addressed. This also means individual responsibilities must be defined along with prospective due dates. Meeting minutes will be placed in a dedicated file, made available for personnel review, and retained for a minimum of three years. City of Meridian, lD. Approved By: Smith, Grady, Clinton and H&S Program Rev. 10 Shawcroft Revision Date: O#/Q..:l.13/04 1 HEAL TH AND SAFElY PROGRAM 'page 8 of 18/ 3.0 PERSONNEL RESPONSIBILITIES The purpose of this section is to clearly describe the duties and responsibilities of each position in the Health and Safety Program organization. 3.1 Director of Safety 1. 2. \)- 3. t;(\ \ 4. 5. 6. 7. 8. ?\ ~\i ~ . :\:0' 9. J\ \A,\t \?( f' The Director of Safety serves as the central initiator and promoter of the Department Health and Safety Program. He/she is instrumental in communicating and enforcing health and safety regulations and guidelines. The responsibilities of this individual include: Investigating the cause-effect relationships pertaining to occupational illnesses and injuries that occur to employees. Investigating and resolving issues of non-compliance with CMH&SOSHA regulations. Serving as a central focus of consultation for issues related to occupational health and safety. Developing and managing all aspects, ::md personnel, of the Department Health and Safety Program to achieve maximum benefit based on the resources available. Assessing and evaluating the status of employee understanding and implementation of the Health and Safety Program. Serving as a central infqrmation/guidance point for selection of health and safety equipment. Being the primary originator and/or reviewer of health and safety documents. Creating the quality assurance tools necessary to mInimiZe risk of financial loss due to inadequate or uneducated acts of employees or due to the creation of unsafe conditions. Conducting an annual H&S Assessment of Department Facilities and Personnel, and submitting tt)e results to the Safety Steering Committee. City of Meridian, ID_ Approved By: Smith, Grady, Clinton and H&S Program Rev. 1(} Shawcroft Revision Date: 044/G+ 13f04 HEALTH AND SAFETY PROGRAM I Page 9 of 18/ 3.2 Group Superintendents/Managers Each Group Superintendent/Manager is responsible for the overall implementation of the Health and Safety Program within his/her control. The Group Superintendents/Managers or his designee, with input from the Group SR, is responsible for verifying that the resources or activities listed below are completed: · Assures that the SR (or his designee) attends and actively represents the Group at the Department Safety Committee meetings; · Appropriate (awareness level and formal) H&S Training has been completed. or scheduled, in order to prevent untrained personnel from exposure to safety hazards; · Personal Protective Equipment (Hardhats. Safety Glasses. Gloves, Safety Footwear. Life Vests. etc.) and other safety-related equipment (harnesses. lifelines. tripods. combustible gas indicators, etc.) is available to personnel. as needed; · Each GroUP2 budget includes provisions for H&S training and equipment; · H&S issues are addressed and corrective actions implemented; · Assistance is provided to the SR in addressing H&S issues. 3.3 Safety Representatives Each Group has a Safety Representative who is responsible for implementing and monitoring the Department Health and Safety Program at the Group level. The Safety Representatives report to the Director of Safety on health and safety issues. Specifically. the Safety Representative is responsible for. 1. Initially investigating all accidents or incidents to discover the causes, filling out the accident investigation form. and submitting these findings to the Director of Safety (for further clarification. see Section 6.0). 2. Aiding personnel in the maintenance of current medical sUlVeillance and training credentials and obtaining safety equipment. 3. Assisting Group Superintendents/Managers with health and safety issues. City of Meridian, ID. Approved By: Smith, Grady, Clinton and H&S Program Rev. if} Shawcroft Revision Date: 044/(;).:1.13/04 HEALTH AND SAFETY PROGRAM I Page 10 of 18 I 4. Providing health and safety training, when possible, consistent with their knowledge level, and coordinating with the Director of Safety when training assistance is needed. 5. Attends and actively represents the Group at the Department Safety Committee meetings. 6. Maintains records required by CMH&Soccupationai hoa!th ~nd safety standards. 7. Maintains office safety equipment, or delegates this task (with Group SuperintendentlManager concurrence) to other qualified employeellil. 8. Maintains the Group's written copy of the Department Health and Safety Program. 3.4 All Department Employees Every Department employee has a responsibility to comply with all provisions of the Department Health and Safety Program. These responsibilities include: 1. Being thoroughly familiar with applicable portions of the Department Health and Safety Program. 2. Attending initial health and safety training courses, awareness training sessions, and any subsequent health and safety seminars as requested by their Group Superintendent/Manager or SR. 3. Proper maintenance of personal protective equipment in their possession. 4. Adhering to health and safety work rules, regulations, procedures and instructions, and precautionary measures necessary to avoid unsafe practices and non-compliance with CMH&SOSH/\ policY-fegubtrone at their respective work locations. 5. Reporting to their Group Superintendent/Manager and SR all injuries, illnesses and near-miss incidents (see Section 6.1 for definition of near-miss incident). 6. Conducting only those activities that they believe they can do safely. City of Meridian, 10. Approved By: Smith, Grady, Clinton and H&S Program Rev. 10 Shawcroft Revision Date: O#/G..:f.13104 HEALTH AND SAFETY PROGRAM I Page 11 of 181 4.0 EMPLOYEE TRAINING 4.1 General Information The Department recognizes that information and training are two key elements in avoiding occupational injuries. In order to. avoid injury, employees must recognize potential hazards, and then know how to control or avoid the hazard. Thus, to safely complete their required tasks, Department employees must be properly trained to conduct their assignments in a safe, efficient manner. Department safety training programs are designed to inform personnel of: (1) potential hazards which may be encountered, (2) the appropriate actions to implement to protect themselves against these hazards, and (3) CMH&SOSHl\. regulatory requirements. The training content and format will va!)', according to the evolution of the program, but there will always be a bias towards hands-on, live instructor presentations (when possible). While initial and periodic refresher training will be provided in accordance with CMH&SOS!-!.^, health and safety regulations, additional supplemental training will- be provided if it will assist employees in avoiding injury. 4.2 Training Requirements The Department has identified various safety training topics applicable to some, or nearly all, Department activities. These training topics have been classified as either mandatory (all employees are required to receive) or task- specific (exposure to particular hazards require specific training), based on assumed activities. Task-specific training will be in-depth by design, and provide the knowledge necessa!)' to recoQnize and control associated hazards. This training is required for employees whose job duties require that they are present and exposed and cannot avoid the related activity/condition. SRs, in coordination with their superintendent/manager, will decide which employees shall receive task-specific training, based on their knowledge of the employee's assignments. Training should be provided as soon as the need is identified and scheduling permits. The SR shall work with their Superintendent/Manager to identify and accomplish the required training; the Director of Safety is responsible for assisting the SRs in completing all training needs. Training topics and the required minimum training, by position, are presented in Table 4-1. City of Meridian, 10. Approved By: Smith, Grady, Clinton and H&S Program Rev. 1G Shawcroft Revision Date: 044lG-+ 13/04 Page 12 of 181 HEALTH AND SAFETY PROGRAM Table 4-1 Training Requirements Topic CH&S Procedure #) Field Personnel Office Personnel GENERAL Defensive Drivina (H&S Pro # ) M M Ememency Action Plan (H&S Pro # J M M First Aid/CPR (H&S Pro # TS TS Portable Fire ExtinQuishers ( H&S Pro # ) TS TS Violence in the Work Place ( H&S Pro # ) M M TASK SPECIFIC HAZARDS LockoutlTagout (H&S Pro # ) TS None Cranes and Hoists (H&S Pro # ) TS None Electrical Safety (H&S Pro # ) TS None Excavation Safety (H&S Pro # ) TS None Fall Protection (H&S Pro # ) TS None Hydro-cleaner (H&S Pro # ) TS None Hvdrochloric Acid Gas Cleanina System (H&S Pro # ) TS None Ladder Safety (H&S Pro # ) TS None Machine Guardino (H&S Pro # ) TS None Motor Vehicles and Material Handling Equipment None (H&S Pro # ) TS Noise (Hearing Conservation) (H&S Pro # ) TS None Permit-ReQuired Confined Spaces (H&S Pro # ) TS None Powered and Vehicle Mounted Platforms None (H&S Pro # ) TS Powered Industrial Trucks [Forklifts] None (H&S Pro # J TS Slip, Trip and Fall Prevention (H&S Pro # J TS None Traffic Safety (H&S Pro # ) TS None Water Safety (H&S Pro # ) TS None Weldina, Cutting and Brazina (H&S Pro# ) TS None ENVIRONMENTAL HAZARDS BioloQicaJ Hazards (H&S Pro # .> TS None Cold Stress (H&S Pro # ) TS None Heat Stress (H&S Pro # ) TS None CHEMICAL HAZARDS BJoodbome PathoQens (H&S Pro # ) TS TS Chemical HVQiene [Lab Safetvl (H&S Pro # ) TS None Hazard Communication (H&S Pro # ) M M PERSONAL PROTECTIVE EQUIPMENT Personal Protective Eauipment (H&S Pro # ) TS None Respiratory Protection (H&S Pro # ) TS None M = Mandatory training for all employees TS = Task specific training based on job duties City of Meridian, JD. Approved By: Smith, Grady, Clinton and H&S Program Rev. 1Q Shawcroft Revision Date: 04+/Q.:l-13f04 HEALTH AND SAFETY PROGRAM .1 Page 13 of 181 4.3 Delivery of Training Department employees conduct a multitude of tasks, often requiring that employees receive highly specialized training to safely complete the tasks. While most Department tasks are repeated on a frequent basis, some infrequent tasks where an employee may conduct a specific task (e.g., confined space entry, aeration basin diffuser cleaning, etc.), and then go long periods without repeating the task, requires that competent trainers be permanently available on short notice for refresher training. The Director of Safety, coordinating with the SRs, is responsible for overseeing the development of the in-house training resources, managing the training schedule, and maintaining a fist of current trainers. If specialized knowledge is needed, where in-house capabilities are inadequate, then outside vendors will be utilized. In general, the Director of Safety or an outside vendor will provide training with the assistance of the SRs. 4.4 Documentation All health and safety training must ~e documented. There are a variety of methods to document that an employee attended, participated in and successfully completed training. The most common way is to prepare a written Training Documentation form (see Template included as Attachment 4-1 to this Section). This form should contain a written synopsis of the training content, length of time, identification of the trainer, location of the training, and the names of the attendees. This should be routed through the attendees at the start of training, and all attendees should sign, in ink. It is recommended that the attendee also include their employee identification number, in case the signature is illegible. Based on Attachment 4-1, each trainer will develop his or her own training documentation forms for the specific topic presented. Some CMH&SOSH/\ m:1:1d3tod training requires that training be "certified" (e.g., PPE, Hazardous Waste Operations). Trainers will be cognizant of these requirements and document such training appropriately. Since task-specific training prepares employees to identify and control safety hazards, additional documentation is required. This documentation should either be in the form of a hands-on exercise and/or written test to document that the employee has retained sufficient knowledge to safely complete the required task. These tests must be retained indefinitely. Originals of all training documentation shall be forwarded to the respective SRs for retention. A copy of the record will be forwarded to the Director of Safety . City of Meridian, ID. Approved By: Smith, Grady, Clinton and H&S Program Rev. 19 Shawcroft Revision Date: O#/G4 13/04 I HEALTH AND SAFETY PROGRAM r page140f1S! (NAME) SAFETY TRAINING SIGN~IN SHEET SUBJECT: DATE TOTAL TIME: FACILITATED BY: LOCATION: START: FINISH: The City of Meridian Public Works Department conducted formal or awareness training class for various employees, on the topic . The intent of this training was to acquaint the participants with the following: · The basic contents of the H&S Procedure (# ~ Name of procedure) · (Highlights of class) The format of this training consisted of verbal presentation and open discussion of the (Name of training) hazards listed above followed by a question/answer period. Each attendee received a copy of the (Name of training) Training Handout. The following employees attended the training: NAME 10# Group (PRINT LEGIBLY) 1. 2. 3. 4. 5. 6. 7. City of Meridian, ID. Approved By: Smith. Grady, Clinton and H&S Program Rev. if). Shawcroft Revision Date: 044-/G4-i 3/04 HEALTH AND SAFETY PROGRAM I Page 15 of 181 5.0 ACCIDENT NOTIFICATION. & INVESTIGATION This Section presents the procedures that Department employees should follow if involved in an accident. 5.1 Definitions Accident - An accident is a situation that results in physical injury (no matter how slight). Accidents can be divided into two broad categories: minor or serious. Minor accident - An accident that does not result in the injured employee having to remain overnight in a medical setting, receive extended medical treatment or require the injured employee to be absent from work other than the date of injury. Examples might include sprains. strains. bruises, moderate abrasions/simple lacerations. etc. Serious Accident - An accident that reauires the iniured emplovee to receive any of the following: (a) medical care beyond first aid (would include stitches. broken bones, etc.). (b) remain overnight in a medical facility, or (c) miss work on any day following the date of injury. Incident - A situation that does not result in physical injury. As used here, includes situations that could result in minor (e.g., abrasion, sprain, etc.) injury. Near-Miss Incident - Any incident where no iniury occurred, but where the potential for significant injury (e.g., fractures, loss of consciousness, crushing, amputation, death) existed. Examples might include being struck by moving equipment/vehicles, electrical shock, falls, trench cave-ins, etc. Catastrophe - An OSHA term meaning the occurrence of either of the following: A. The death of one or more employees, or B. The hospitalization for treatment of three (3) or more employees. 5.2 Notifications If an accident occurs, the first obligation of co-workers is to assist the victim and obtain medical assistance. If the victim is a Department employee, following the release of the victim to the medical authorities, the Department employee(s) knowledgeable about the accident (this may be the injured employee, if able to do so) must notify the proper Department Superintendent. The Superintendent will notify the SR. Director of Safety, and Public Works Directorcont:Jct. City of Meridian, 10. Approved By: Smith, Grady, Clinton and H&S Program Rev. 1Q Shawcroft Revision Date: OWM 13/04 HEALTH AND SAFETY PROGRAM Page 16 of 181 When any Department employee is injured, the following rules will apply: 1. The knowledgeable employee (hereafter called the "reporting employee") should immediately notify his/her Superintendent/Manager (who will notify the SR), and verbally relay all pertinent and known facts surrounding the accident. Do not discuss the incident with any outside employees or employer. If the Superintendent/Manager is not available, the reporting employee should contact his/her SR directly (who will notify the Superintendent/Manager). 2. The reporting employee shall complete an Accident/Incident Report and submit it to the SR, who will forward the original to the Director of Safety, and keep a copy for reference until an initialed report is returned from the Director of Safety. At that time, the SR should place a copy in the Group file. The next notification step depends on the severity of the accident. 2a. If the accident is "minor". no further notifications are necessary. The SR should discuss the causes, results and preventative measures with the Superintendent/Manager, and present at the next Department Safety Committee meeting. 2b. If the accident is "serious". then the SR or Superintendent/Manager will verballv notify the Director of Safety. The SR shall perform an accident investigation (see Section 5.3). The SR should discuss the causes, results and suggested preventative measures with the Superintendent/Manager, and present at the next Department Safety Committee meeting. 2c. If the event is a "catastrophe", per the above definition, then the Superintendent/Manger will notify the Public Works Director and Director of Safety as soon as feasible, following the accident. The Director of Safety, with the assistance of the SR, will conduct an accident investigation as soon as practical. The Director of Safety should discuss the causes, results and suggested preventative measures with the Superintendent/Manager, and present at the next Department Safety Committee meeting. 5.3 Investigation Procedures All serious accidents and near-miss incidents involving Department personnel will be investigated by the appropriate SR. The investigation should be initiated immediately following the occurrence, and completed within 3 to 5 days. Any related reports from external sources (police, insurance carriers, laboratories) should be attached, or forwarded to the Investigation Report recipients as they become available. Should a "catastrophe" occur, the Director of Safety shall perform the investigation. City of Meridian, ID. Approved By: Smith, Grady, Clinton and H&S Program Rev. lQ Shawcroft Revision Date: 04+tG:1-13f04 HEALTH AND SAFETY PROGRAM I Page 17 of 181 NOTE: As used in the following discussion on accident investigation procedures, the term "accident" is meant to include Serious Accidents.' and Near-Miss Incidents, as defined above. An SR should complete an Accident Report. (See. example following this Section). The purpose of this investigation is not to assign blame or find personal fault, but to reconstruct those direct and contributory factors that created the conditions, which allowed the accident/near-miss incident to occur. In this way. the Department can identify the various factors, and by eliminating one or more of the contributing factors. can eliminate the situation that generated the incident/accident. An accident investigation is a method by which the underlying root causes of the accident/incident are discovered. Most accidents result from a complex set of factors, which interact to create the environment that results in the accident If one or more of these causative factors can be altered or eliminated, then the accident would not occur. The goal of any fonnal accident investigation is, therefore, to identify the set of causative factors. for the prevention of future reoccurrence. In performing the accident investigation, the SR should attempt to: . Reconstruct the conditions which led to the accident/incident (collect the facts) . Describe and document (include sketch, photos, videotape, diagrams, etc.) how the accident/incident occurred . List witnesses and conect written statements when possible . Identify and discuss the causative factors . Identify management or programmatic deficiencies . Offer opinion as to the best method of preventing the reoccurrence of the accident/incident The SR shall submit the original Accident Report to the Director of Safety7 and give a copy presenting investigative conclusions to the Superintendent/Manager for review. Following review, the Director of Safety will contact the injured employee for additional information if necessary, write his findings, and redistribute to the SR, affected employee(s) and others as necessary. If corrective actions are recommended, the SR will present these at the Department Safety Committee meeting, and initiate implementation. City of Meridian, ID. Approved By: Smith, Grady. Clinton and H&S Program Rev. 10 Shawcroft Revision Date: 044-IM 13/04 HE A L T H (.. SA FE T Y City of Mert~.cin I Public Works Departmellt .... 660 E. Watertower Lane I Meridian, 10 [ 83642 :::::::::::::::::,,:~f:~!'Qs~IL!:~:S:tQ:~:~I,::~:~:EQBI::::::::::;:~:~:~:~:?:;::~~~,;:~:~~~~?',~::L~~~;3::9,~~~?';1:~:~:!':::::::,,:::::::::::::::::::: 1. 0 ACCIDENT An accident is a situation that results in physical injury (no matter how slight). Can be divided into serious or minor. o Serious An accident that reQuires the injured employee to receive any of the following: (a) medical care beyond first aid (would include stitches, broken bones. etc.), (b) remain overnight in a medical facility, or (c) miss work on any day following the date of injury. o Minor An accident that does not result in the injured employee having to remain overnight in a medical setling, receive extended medical trealment or require the injured employee to be absent from work other than the date of injury. Examples might include sprains, strains, bruises, moderate abrasions/simple lacerations, etc. o CATASTROPHE An OSHA tenn meaning the occurrence of either of the following: a. The death of one or more employees, or b. The hospitalization for treatment of three (3) or more employees. o NEAR-MISS INCIDENT Any incident where no iniury occurred, but where the potential for Significant injury (e.g., ftactures, loss of consciousness, crushing, amputation, death) existed. Examples might include being struck by moving equipment/vehicles, electrical shock, falls, trench cave- ins, etc. o ILLNESS Not resulting from a sudden trauma; typically caused by prolonged exposure to air contaminants Of biological pathogens (heat stress, viral, bacterial, fungal, etc. Includes injectable animal poisons - snakebite, spider). Also includes cumulative disorder; i.e., wrist, elbow. Project Name: Accident/Incident Location: Nearest City/State: Project No.: DatefTIme of Accident/Incident: Project Manager/ DatefTime Reported: Employee Supervisor: To Whom: 2. Person(s} affected: Name: Phone: I 3. Witnesses: Name: Phone: I 4.. Health Care Treatment Facility Used: 0 None Name; Address: Phone: 5. Treating Physician/Health Care Provider: 0 None Name; 6. Was Medication Administered/Prescribed by Treating Physician/Health Care Provider? 0 Yes 0 No Over-the-Counter Over-the-Counter but Prescription Strength 7. Did you miss any days away from work ~ than the day of accidenUinjury?: 0 Yes 0 No If Yes, how many? Distribution: Original to Director of Safety for comments and distribution. o Superintendent 0 SR o Injured Employee Revised 01101/04 HEALTH & SAFETY ACCIDENT/lNCIDENT REPORT 8. Person(s} Treated 0 None Name; Extent of Injuries: 9. Describe the Accident, the project activity being performed, and just how the accident occurred: (Please be descriptive, use Proper names, etc.) (Additional information can be continued on Page 3.) 10. Causative Factors {What circumstances contributed to the hazardous incidenl?}: (Additional information can be continued on Page 3.) 1. 2. 3. 11. Prevention (What changes, if made, would prevent the circumstances from reoccurring?): (Additional information can be cont on Page 3.) NAME OF PERSON SUBMITTING REPORT: DATE: PHONE: For Use by Director of Safety: (Addifional information can be continued on Page 3.) Record on Injury 300 Log 0 NO 0 YES Number of Sheets attached: HE A L T H & SA FE T Y City of Meridian I Public Works Department 660 E. Watertower lane I Meridian, ID I 83642 :",,;;:,,;;;;::::::~fg:!:Q~~IL!:!:;!S~:tQ~:~I:::~~:~QB,I:::::;::::::~~:~:~~;::~~~~:~~~~~~~J::E~;~,~::9,~~:~:~?,~~:~:~:?,:;;:::;::::::,,;;:::::;:::;:: Please use this page for additional information and include number of question you are continuing. I HEALTH AND SAFETY PROGRAM 'page 18 ot18 6.0 PERSONNEL POLICIES 6.1 Safety Program Enforcement The Department firmly believes that aU employees want to do a good job, and that, given the proper tools and training, will do a good job. Therefore, it is expected that our employees will follow the procedures set forth in this Program. If deficiencies are discovered involving the disregard or violation of proper safety rules and guidelines set forth in this Program, the offending employee will be retrained as necessary, again instructing the employee on the proper conduct expected. This retraining, and the circumstances necessitating it, will be documented in writing and retained in the employee's personnel file for a minimum of one year. The Employees Superintendent/Manager is responsible for performing these actions. If, after retraining has been accomplished, the offending employee continues to exhibit a disregard for the safety procedures, then the responsible Superintendent! Manager shall consult with the Director of Safety. If the Superintendent/Manager and the Director of Safety agree that the employee has continued to act with a blatant disregard for safety rules, the employee will be removed and placed on unpaid leave from work for the remainder of the day and at least one additional day. The circumstances necessitating the work removal will be documented in writing and retained in the employee's personnel file for a minimum of one year. If the offending employee continues to exhibit a disregard for the safety procedures, the responsible SuperintendentlManager and the Director of Safety shall consult with the Public Works Department Director. If the consensus of the meeting is that the employee has continued to act with a blatant disregard for safety rules, the employee will be subiect to termination? dismisseG. The circumstances necessitating the dismissal will be documented in writing and retained in the employee's personnel file for a minimum of one year. NOTE: This wit! have to be approved bv City Council. All Department employees are expected at all times when engaged in work activities on behalf of the Department, to comply with the health and safety policies and procedures as discussed in this Health and Safety Program. City of Meridian, ID Approved By: Smith, Grady, Clinton and H&S Program Rev. 0 Shawcroft Revision Date: OM/G13/04 May 20, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT May 25, 2004 ITEM NO. --.It. \ REQUEST Resolution - City of Meridian's CARE Statement 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: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Resolution A -L\J~ Ixllf'(~. 0 T \t' r-tsol LL.{t ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. May 20. 2004 MERIDIAN CITY COUNCIL MEETING Department Reports May 25. 2004 APPLICANT Planning and Zoning Department ITEM NO. ~ REQUEST Dicussion of Draft DA with Lamont Kouba and Robnett Construction, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY 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: SETrLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~rscUSS(d Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. rag\:< ~ U~ ~ Tara Green RE EIVED From: Brad Hawkins-Clark [hawkinsb@meridiancity.org] Sent: Tuesday, May 18, 20041:31 PM To: bergw@cLmeridianJd.us; 'Tammy de Weerd' Cc: 'Bill Nichols'; greent@cLmeridian.id.us; 'Anna Powell'; 'Julie Downer' Subject: Request for 5-25 Pre-CC Agenda Item MAY 1 8 2UO~ City Of Meridian City Clerk. Office Mayor and Will, I'd like to request a 10 minute agenda item for the May 25 Pre-City Council Meeting. It's a draft DA with Lamont Kouba and Robnett Construction, Inc. Attached is a 1-page memo explaining the issue and the draft DA. Bill, I have included in the DA a couple of legal questions for your feedback at the Pre-City Council Meeting, if possible. Thanks, Brad Hawkins-Clark 5/18/2004 To: Mayor de Weerd and City Council From: Brad Hawkins-Clark ~\.\L cc: Bill Nichols, City Attorney Will Berg, City Clerk Date: May 18, 2004 Re: New Development Agreement with Lamont Kouba and Robnett Construction RE(;EIVE MAY i 8 2004 City Of Meridian City Clerk Office Memo As some of the City Council members may recall, in 2002 the City approved a CUP for Bobby's Transmission on the 2.3 acre parcel south of Ultra Touch Carwash on E. Fairview Avenue. The parcel is owned by Mr. Lamont Kouba. Due, at least in part, to a City-imposed condition that eleven (11) parking spaces be provided on the parcel to accommodate off-street parking required for Ultra Touch and the failure to enter into a Development Agreement (DA), the Bobby's Transmission CUP project never materialized. However, the requirement for a DA to be entered into remains in effect before any future development can occur on that parcel. It now appears that Robnett Construction, Inc. has worked out a compromise with Ultra Touch on the 11 parking spaces and they have a pending Preliminary Plat application before the P&Z Commission which reflects this compromise. They are also preparing a cross-access/cross-parking easement. Since they are entitled to a one time building permit on the parcel, they also have a Certificate of Zoning Compliance application in our office for a new building (which would be constructed before the new plat is recorded). However, they are being held up on the CZC because of the pending DA issue. Attached is a draft DA that Robnett Construction submitted to the City, with suggested staff modifIcations. I would like to briefly discuss this DA at the May 25th Pre-City Council Meeting and have it placed on the June 15t Regular Consent Agenda for adoption, if the City Council agrees. Since the original DA was never executed and this is not an amendment, I'm requesting it be processed as though it were an original DA (e.g. without a Miscellaneous application). Robnett Construction would like to proceed with their first buildIng moving and this DA is the only hold-up for their CZC. I will be available for questions at the May 25th meeting. DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. LaMont Kouba, Owner 3. Robnett Construction. Inc., Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2004, by and between CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY", and LAMONT KOUBA, herinafter called "OWNERS", whose address is HC 79 Box 210, Melba, ID 83641. and Robnett Construction. Inc., hereinafter called "DEVELOPER", whose address is 172 S. Academy Avenue. Suite 170. Eagle. 10 83616.-;- RECITALS: 1.1 WHEREAS, "Owners" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. 9 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owners" or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS,"City" has exercised its statutory authority by the, enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning ofland; and 1.4 WHEREAS, "Owners" and/or "Developers" have submitted ana application for annexation and zoning of the "Property1.s" described in Exhibit A, and has requested a designation of (C-G) General Retail and Service Commercial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owners and/or Developers made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and ( 1.7 WHEREAS, City Council, the day of ~1997, has approved certain findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the Owners and/or Developer enter into a development agreement before the City Council takes final action on annexation and zoning designation, and/or conditional use permit; and 1.9 OWNERS and/or DEVELOPERS deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, City requires Owners and/or Developers to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance # 629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration ofthe covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision ofthe State ofIdaho, organized and existing by virtue of law of the State of Idaho. 3.2 OWNERS: means and refers to LaMont Kouba, whose address is HC 79 Box 210, Melba, Idaho 83641, the party owning the said property being developed and shall include any subsequent owner( s)l developer( s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section 1. 1-7-2 (K) which are herein specified as follows: Construction of tfflf-QJJrofessional office buif.dings subdivision on {Lfflt currentlv undeveloped parcel south of Ultra Touch Car Wash off of E. Fairview Ave Development shall be consistent with the Zoning & Subdivision Development Ordinances in effect at the time of develomnent and with the Meridian Comprehensive Plan Gcnc;.ali::cd Future Land.e Use Map which designates the property as }.1i.',-cd Planned UscCommercial. , and go thrOl:gh the plan:zcd d<:',:c!opmcnt p:.occss and as conditiol1alllscs. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: A. Owners and/or Developer shall develop the Property in accordance with the following special conditions: Adopt the recommendations of the planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. Construction and placement of aID' wide asphalt pathway, as called for in a memo from Tom Kuntz dated August 9, 2002, shall be coordinated with the Meridian Parks and Recreation Department. 2. In addition to the requirements ofthe Findings of Fact and Conclusions of Law set forth in attached Exhibit B, Owner shall provide eleven (11) parking spaces to the adjoining Ultra Touch Car Wash parcel located immediately north of the property described in Exhibit A:; which ele?Oil (11) parking . spaces shall be thoso spaces locutcd immcdiutely in the Northv/est corncr of the property described in Exhibit f... A cross parking, access easement to effect this condition shall be recorded prior to issuance of a building permit for the property described in Exhibit A. The Planning and Zoning department must review and approve the agreement prior to recording. This agreement is reasonable because: a. The Ultra Touch Conditional Use Permit was approved after a lot split was approved. b. The Ultra Touch Conditional Use Permit Site Plan and Application showed parking on the parcel that was not sold to Ultra Touch, which parcel is the subject of this Development Agreement. c. If the off parcel parking is discontinued, Ultra Touch will then be out of compliance with Meridian's Parking Ordinance. d. LaMont Kouba owned the property on which Ultra Touch applied for their Conditional Use Permit, and as Owner consented to the site plan showing the parking spaces to be built by Ultra Touch and now used by Ultra Touch. e. Ultra Touch provided and paid for the parking lot now built on the parcel which is the subject of this Development Agreement f. A cross-parking access easement, which shall be approved by the Planning and Zoning Department, shall be provided for the eleven (11) parking spaces. 3. The applicant shall comply with the annexation and zoning findings, conditions, and requirements, that are attached hereto as Exhibit "B", along with the conditions and requirements listed within this Development Agreement. GENERAL COMMENTS 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adjacent properties of rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 2. Provide signage in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State ofldaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho eities and Counties and City of Meridian standards and policies. Off-site disposal into surface waters is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. Trash: The trash enclosure shall be enclosed on at least three sides by a solid wall or sight -obscuring fence at least four feet in height in accordance with Ordinance 11-12-1. C. Coordinate location and construction requirements with Sanitary Services, Inc. 6. Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. 7. A Certificate of Zoning Compliance (eZC) and a building permit shall be obtained prior to the start of construction. A detailed landscape plan, prepared by a licensed landscape architect or other landscape professional, shall be submitted with the CZC application. &. This Conditional Use Permit shall be ','aIid for a maximum period of 18 months. If construction has not begun 'Nithin this timeframe, a nevI conditional ooe-pennit shall be obtained prior to the start of devolopment. INITIAL POINTE DEVELOPMENT AGREEMENT SITE SPECIFIC CONTITIONS OF APPROVAL 1. There shall be no loitering, littering or excessive noise pollution in the common parking lot. 2. No vehicles shall be left in anyone parking stall for a period longer than 48 hours. 3. A speed limit of 10mph shall be imposed on the common parking lot 4. Parking lot and cornmon area maintenance and repair, trash collection and snow removal fees shall be assessed to property owners based on the percentage of total parking stalls assigned to said property owner. 5. Ultra Touch car wash shall have access to the eleven (11) designated parking stalls and designated trash enclosure only. SITE SPECIFIC CONDITIONS OF .^~PPROV,^..L 1. The .\pplicant shall meet the requirements and conditions of the Findings of Pact and Conclusions of La'.','... and the property be developed as a commercial planned development or under the CUP process. The .\pplicant may obtain a copy ofItem "1" abo'/c from th-e City Clerk's Office. The primary items in the Findings of Pact and Conclusions of Lay,' that impact the subject deyclopment are listed in 1;'19 (pg 22 and 23). 2. .\ Signed and recordcd copy of the D..^~ must be completed prior to issuance of a Certificate of Zoning Compliancc for the subject application. The Dl~ shall address among other things, the fourteen (11) items listed in 71 12, pt;:. 18 of the Findings of Pact and Conclusions of Law for the .^..nnexation. 3. To comply v/ith Ordinance 12 13 12, the .^..pplicant shall pro';ide a twenty five (25) foot buffer on the north side ofthe existing access road and a t'rventy (20) foot buffer to the '.vest boundary, from the south property line north approximately 130 feet. A portion afthe existing sewer access road shall be permitted to be included '.'lithin the t'.venty five (25) foot buffer along the south property line. ..^L minimum fourteen (11) foot ';lido ne'.'1lundscapc buffer shall be added between the se'.vef access road and the proposed office building. 1. Comply with ordinance 12 13 11 2, Design Guidelines for 8tormwater ..^seus, in th~ detailed design of the storm pond sh:O'.vn in the southwest comer. Submit details with the Certificate of Zoning Compliance application. 5. .^Jl parking and areas of circulation shall be improved ';/ith a hard surface in accordance with Ordinance 11 13 1.D. the Site Plan shall be revised to show the '..shiele storage area as a hard surface to comply with this ordinance. Slats or other scrcening shall be added to the chain link fence on the south side adjacent to resid ences. . 6 ^ ' . . ~pphcant shall c portion of the fi ontact the Parks and R . I:l:ture Fi"e 114'1 ecreatlOE: E)' property. If so sub .' . I e Creok path.,. . lwc;er;o aotermie . r"'lHired by 0': PM:II. reviaea Site PIBR ;:: wIll impoot the S<!bjec; elf ""y s & Recrent" t reflects an ' . 7. San;;o 8 we D"l'artment. ) lmproveffi""ts . ry ewer and'" t eXisting .. n a or service t th' mum lines adjacent to the 0, IS parcel shall be "ia . 8 , .. Slle.' so,,'.ce lines fr . , . ffillllflID""' o' " effi m z; mCtt e I' sho"'n e 1.. a Iper tree sk 111.. n n tuo "'est '..:I. a ue nlant..:l . I ., s.ue f;, ~ Ou ,n t;,' p..mer shall be ot le.,I;O t.e building. The ]..';;~c lll:e pMkillg let i,]oOO square feet in u ,. ape area within th' 8t " 'ee, IllSlde ef." IS unuard Condit' u18 curbing ..""e" . 1 . ...ppro'(al ^ d 1. ' l>'" e . . .. 0 Ceuftly IIi~"''', n' ", <"t]fig iffigetio . . - '5".,..y ulslriot n facilities shull b 2. Jill utility Fe! . 0 reloeetcd oRt,ide of th . ;,' ooatlOl> e ; e flgl1t of ,n t e Slto shall1..e t.. os s associated mi"" . .,e)'. t:l tlorne e n ttt imp , )' the developer rovmg street frol'lta 3. R...I . ge, ellUttillg 1:' ace any ex' t' d IS Ing duma s amaged during the co ge curb, gutter and ' Cofl!ltrnotioa s" ll.truclioli of ilie "aewelk and any tl1 c",oe, at 387 6280 . propaaed aO'lelo at ffiOY be 4. Utili!' (\nth file n_cr) j;. p:;Cflt. Celltect ) street wls . or netslls, unless appro"ed l,n pa'/ement less than 8"","", at 38' 1ft writing b' th five )'eara old Me 7 6280 C"'ith ~l)- e DistrIct C not allo"'ed .. " e numil \ . enlllcl b .. 5. All de,i 00), for dotails on'lIUction U' gn and constfl t' . .cllghwa)' D" lie lOn shall b ' istoct Pol' , e In accord . supplemeffis C .e) Manual ISP' eaee WIt;' tile · d Ordia""ee,' onstruetioo 8"",ee ' .vC StaOOores .. e CORnty Stele of Mol um:" specifieolly \~a/ :~eeffi!re. ""d all "l';OO IlJIprovcd ill s aUI',,,!,o,e d .e iCrem. An e' l',ea;,le ACHLl 6. Th' "" oertify 011 impmvcm Rglftoer registered ie th e eppheolll shall ;, . ""t ~l"",. e of lmildi . su mlt ro':iscd I Ie ' . n g perm.tl (or otk P I!fl.9 for staff 0 qutrod design ell er ro~uired . pprcval, prier t . angcs. porn..ts' ...". h . 0 ,"SUOlice 7> n lllCtt In co 7. COR_clioli fjloratCB ""l' , use ans applicable ' property de"cl reqmrcments of tt.. . opment shall B . tie .'\da C ' e III confo o unty Hi r.-hm . rmance '?lith II on" OJ' DIStrict . n floor to District appro'.'al for occupancy. 8. Payment of applicable road impact fees arc required prior to building construction in accordance '.vith Ordinance #195, also kno':;n as Ada County Highv!ay District Road Impact Fcc Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right of ':.'ay. The applicant at no cost to ,,'\CHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1 800 312 1585) at least two full business days prior to breaking ground 'vVithin .\CHD right of way. The applicant shall contact :\CHD Traffic Operations 387 6190 in tho 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 ':alid unless they are in ':.'riting and signed by the applicant or the applicant's authorized representative and an authorized rcprescntati'/e of the Ada County Highway District. The burden shall be upon the applicant to obtain '.vritten confirmation of any chango ITom the Ada County HiglT,vay District. 11. .\ny char.ge by the applicant in the planned use of the property '.vh1ch is the subject of this application, ooall 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 Highv/ay District of its intent to change the planned use of the subject property unless a 'Naiver/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. }~dopt the recommcndations of the Meridian Fire Department as follows: 1. That a fire flo'lI as required by the Uniform Fire Code is provided to service the entirc project. Fire hydrants shall be placed an ayerago 0[350 feet apart. 2. Final approval of the fire hydrant locations shall be by tho Meridian Fire Department. 3. .^JI radii shall be 28 feet inside and 18 feet outside radius. 4. }. 20 foot wide firc lane shall be available for access to all buildings 5. The proposed building and use shall comply with the 1997 Uniform Firo Code and applicable National Fire Protection Association Standards. Adopt the Recommendations of the Central District Health Department as follows: 1. It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stonn water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Adopt the Recommendations of the N amp a & Meridian Irrigation District as Follows: 1. The N amp a & Meridian Irrigation District's Fivemile Drain courses tlu-ough the southwest comer of the above-mentioned proposed project. Any encroachments will require approved plans and a signed License Agreement. 2. any storm drainage leaving the site or returning into the Fivemile Drain will require a Land Use Change/Site Application. Adopt the recommendations of the Meridian Parks & Recreation Department as Follows: 1. We need a 10' wide asphalt path adjacent to the east side of 5-mile Creek-as part of the Conditional Use Permit. The pathway could be constructed over the top ofthe 20' sewer easement and should be the length of sewer line 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owners and/or Developers or Owners and Developer's heirs, successors, assigns, to comply with Section 6 entitled "Condisions Governing Development" of subject Property of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in LC. S 67-6509, or any subsequent amendments or recodifications thereof. 7. eONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION Owners and/or Developers consent upon default to the de-annexation and/or a reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners'! and "Developers" and if the "Owners" and "Developers" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Ownersll and/or "Developers" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Owners" and/or "Developers", "Owners" and/or "Developer's heirs, successors, assigns, or subsequent owners of the "Propertyll or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property'r, this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Owners" and/or "Developers" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of '1City" or apply to any subsequent breach of any such or other covenants and conditions 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners" and/or "Developer's" cost, and submit proof of such recording to "Owners" and "Developers", prior to the third reading ofthe Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Propertyll contemplated hereby, the "city" shall execute and record an appropriate instrument ofrelease of this Agreement. 11. ZONING: "Cityll shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owners" and/or "Developers", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "Cityl1 and "Owners" and "Developers" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Ownern and "Developers" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian eity Code 9 12-5-3, to insure that installation of the improvements, which the "Owners" and/or "Developers" agrees to provide, if required by the "city". 14. CERTIFICATE OF OCCUPANCY: The "Ownersl1 and/or "Developers" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the nCity" and "Owners" and/or "Developers" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the nCity". 15. ABIDE BY ALL CITY ORDINANCES: That "Owners" and/or "Developersll agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY c/o City Engineer City Of Meridian 660 E. Watertower, Ste 200 Meridian, ID 83642 OWNER LaMont Kouba HC 79 Box 210 Melba, ID 83641 With copy to: City Clerk City of Meridian 33 E. Idaho Ave Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "Citisl1 corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of 110wners" and/or rtDeveloper'\ to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and/or "Developers" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and/or "Developers" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owners" and/or "Developers" and I1City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Propertyt' herein provided for can be modified or amended without the approval of the City Council after the "eityr' has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "property" and execution ofthe Mayor and eity Clerk. ACKNOWLEDGEM.ENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: LaMont Kouba CITY OF MERIDIAN By: Mayor DeWeerd Attest: CITY CLERK (STATE OF IDAHO) :ss COUNTY OF ADA) On this day of in the year of before me, a Notary Public, personally appeared LaMont Kouba, known or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same. (SEAL) Notary Public for Idaho Residing at: Commission expires: (STATE OF IDAHO) :ss COUNTY OF ADA) On this day of in the year of before me, a Notary Public, personally appeared " known or identified to me to be the Mayor and Clerk respectively, of the City of Meridian person who executed the instrument and acknowledged to me that he executed the same. (SEAL) Notary Public for Idaho Residing at: Commission expires: (. RECEIVED MAY 1 It 2004 Interoffice Memorandum City Of Meridian City Clerk Office To: William G. Berg, Jr. (originals via email) Cc: Mayor Tammy de Weerd (copies via email) From: William F. Nichols RE: Resolution and Certificate of Clerk for City of Meridian's CARE Statement Date: May 14, 2004 Please find attached the Resolution and Certificate of Clerk for the City of Meridian's CARE Statement. This Resolution is now ready to be presented to the Mayor and City Council. If you have any questions please advise. Z:\ Work\M\Meridian\Mendian 1 5360M\ResolutiollS City Ha1l12004\Berg Memo for Res Celt Clk for CARE Slatement 05 1404.doc RESOLUTION NO. 04- Lf 34 BY: Kef/A !J/rc6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN MAKING CERTAIN FINDINGS TO ADOPT A CARE STATEMENT (CUSTOMER SERVICE, ACCOUNTABILITY, RESPECT, EXCELLEENCE) FOR THE CITY OF MERIDIAN. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, the Mayor and Council have the authority [pursuant to I.e. ~ 50-302] to establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian, pursuant to Idaho eode 63-1311 (a), to establish a CARE Statement for values for customer service for the City of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1: ADOPTION OF THE CARE STATEMENT: The eARE Statement for the City of Meridian, is hereby approved, established and authorized to be as follows: Customer Service We will respond to customers in a genuine, positive, and timely manner. Interactions will be solution~oriented, where staff meets and exceeds expectations by listening to customers and following through on their concerns. Accountability We understand our role in the organizational team, know our jobs, and accept that each of us is responsible for our own work, choices, and actions. RESOLUTION ADOPTING A CARE STATEMENT PAGE 1 OF 2 Respect We will be trustworthy and courteous. We honor and accept people with diverse opinions and backgrounds. Excellence We will be professional beyond the parameters of our job while being creative, innovative, flexible and adaptable to community needs. Care We provide our best for the community we serve. We will provide quality service to our customers and positive development of our staff that promotes and expects accountability, respect and excellence. SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect on the ZSI-h.. daYOf~2004. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 25th day of 'm~ ' 2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 25 jt, day of mal J ' 2004. Attest: RESOLUTION ADOPTING A CARE STATEMENT PAGE 2 OF 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: I. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws ofthe State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. . That as the City Clerk of this C~ I am the custodian of its records and minutes and do hereby certify that on the 25 day of m~ ' 2004, the following action has been taken and authorized. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN MAKING CERTAIN FINDINGS TO ADOPT A CARE STATEMENT (CUSTOMER SERVICE, ACCOUNTABILITY, RESPECT, EXCELLEENCE) FOR THE CITY OF MERIDIAN. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, the Mayor and Council have the authority [pursuant to LC. ~ 50-302] to establish resolutions not inconsistent with the laws of the state of Idaho as maybe expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian, pursuant to Idaho Code 63-1311(a), to establish a CARE Statement for values for customer service for the City of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1: ADOPTION OF THE CARE STATEMENT: The CARE Statement for the City of Meridian, is hereby approved, established and authorized to be as follows: Customer Service We will respond to customers in a genuine, positive, and timely manner. Interactions will be solution-oriented, where staff meets and exceeds expectations by listening to customers and following through on their concerns. Accountability We understand our role in the organizational team, know our jobs, and accept that each of us is responsible for our own work, choices, and actions. Respect We will be trustworthy and courteous. We honor and accept people with diverse opinions and backgrounds. Excellence We will be professional beyond the parameters of our job while being creative, innovative, flexible and adaptable to community needs. Care We provide our best for the community we serve. We will provide quality service to our customers and positive development of our staff that promotes and expects accountability, respect and excellence. SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect on the ~5+h day of 1\\9 ,2004. 2' STATE OF IDAHO, ) : ss: County of Ada, ) On this day of , in the year 2004, before me a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires: Z:\Work\M\Meridian\Meridian 1 5360MIResolutions City Hall\2004\Celt Clk Adopting CARE Statment 0514 04.do:: ** TX ,... ~MATI ON REPORT ** AS OF MAY 25 'El4 PAGE. 01 , Co"" CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PGS CMDll STATUS 04 OS/25 22:44 PUBLIC WORKS EC-S 131'06" 003 122 OK e5 OS/25 22:45 12084664405 EC--S 01'07" 003 122 OJ< 06 e5/25 22'47 8841159 EC-S 01'e7" 003 122 OK 07 OS/25 22:49 2008840744 EC--S 01'06" 10103 122 OK 00 e5/25 22:5e POLICE DEPT EC-S 01 'e7" 003 122 OK 09 OS/25 22'52 8985501 EC--S 01'06" e03 122 OK 10 135/25 22:53 LIBRARY EC--S el'27" ee3 122 OK 11 135/25 22:55 92083776449 EC--S el'06" 0133 122 OK 12 OS/25 22:57 200 388 6924 EC-S 131'27" 0m 122 OK 13 OS/25 22:59 21088886854 EC--S 101'06" 1303 122 OK 14 105/25 23:131 200 SSS 03ge EC-S 01 '06" 003 122 OK 15 OS/25 23:02 128300040 G3--S el' 25" 8133 122 OK 16 OS/25 23; e4 200 387 6393 EC--S 01 '06" 0133 122 OK 17 OS/25 23:06 ADA CTY DEVElMT EC--S 131'06" e03 122 OK 18 OS/25 23:e8 8885e52 EC--S el'e6" ee3 122 OK IS OS/25 23: es CHERRY lANE G3--S e2'e?" 003 122 OK 2e OS/25 23: 12 !DAHO ATHLETIC C EC--S 01'07" 0E13 122 OK 21 e5/25 23' 14 to PRESS TR I BUNE EC--S el'06" ee3 122 OK 22 OS/25 23: 16 20888867e1 EC--S 01 '06" e03 122 OK 23 e5/25 23:2e 3610160 EC--S 01'56" 003 122 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 25, 2004 at 7:00 p.m. City Council Chambers 2. 1. Roll-call Attendance: .....1!.- Shaun Wardle ~ Bill Nary -X- Charlie Rountree ~ Keilh Bird -L Mayor Tammy de Weerd Pledge of Allegiance: Community Invocation by Ray Allen, Chaplain for American Legion; Pr r-SCf\tt-d 3. 4. Proclamation for American Legion Poppy Day proclaimed Saturday, May 29, 2004: Ancnkd Adoption of the Agenda: Approve (W;: Amcrdro 5. G. Consent Agenda: A. Approve Minutes of April 20, 2004 Pre-Council Meeting: ~~ B. Approve Minules of April 27, 2004 Pre-Council Meeling: APprove:. C. Approve Minutes of May 11, 2004 City Council Regular Meeting: Ap~ D_ Findings of Fact and COnClusions of Law for Approval: AZ. 03- 022 Request for annexation and zoning of 5 acres from RT to CG zones for Kissler mealv Parcel} by eRS Architects - southeast comer of East Ustick Road and North Eagle Road: ~D"""<<=- E. Findings of Fact and Conclusions of Law for Approval: PFP 04- 001 Request for Preliminary Final Plat approval for 3 residential building lots and 1 common lot on .73 acre in an R-15 zone for Trov Place Subdivision by PPN, LLC -1236 East 2 % Street ~ F. FindIngs of Fact and Conclusions of Law for Approval: CUP 04- 003 Request for a Conditional Use Permit for a Planned Devalopment to allow fOr a multHamily development consisting of 1 tri.plex and 2 four-praxes with reduced street frontage, setbacks and minimum lot Morid;." City C""n'iII\B/tIllb - M>y 2$_ 2004 P-t<l 00 A11",.,.,;,,[, p"..entod "l"Ibliolll<dmp.o.n bo......\l<op<<t)' oftb< Cit)' .f),\qjdim. Anyon. ""'rinsa<<onwnodotton fordioobiliti..,..l"od 10 "''''Utl.DIe _Of b<vriov pI.... .....01 u.. Cily Clorl.:'. om.. .. SBS-4<43ht I=t 4S -. prior 10 tbt 1"JI>lic rotains. ( ** TX CONFIRi"hdON REPORT ** \. AS OF MAY 21 '04 11:,:58 PAGE. 81 CITY OF MERIDIAN ----~---------------------------------------------------------------------------~----------- 81 02 DATE TIME TO/FROM OS/21 16:47 ID PRESS TRIBUNE 85/21 16:48 2088886781 MODE EC--S EC--S MIN/SEC PGS 01'08" 083 1211'0121" 81213 CMDI:I STATUS 11216 OK 11216 OK t'1t'OSt' l.....6Sr ~( YlLbl.J..V NOtl.~ - \1 UJ~U~;I CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 25, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle _ Bill Nary Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Kevin Moyer, Meridian First Baptist Church: 4. Adoption of the Agenda: 5. J:1roclamation for American Legion Poppy Day proclaimed Saturday, May 29, 2004: 6. Consent Agenda: A. Approve Minutes of April 20, 2004 Pre-Council Meeting: B. Approve Minutes of April 27, 2004 Pre-Council Meeting: c. Approve Minutes of May 11, 2004 City Council Regular Meeting: O. findings of fact and Conclusions of Law for Approval: AZ 03- 022 Request for annexation and zoning of 5 acres from RT to C-G zones for Kissler (DealY Parcel) by BRS Architects - southeast corner of East Ustick Road and North Eagle Road: E. Findings of Fact and Conclusions of Law for Approval: PFP 04- 001 Request for Preliminary Final Plat approval for 3 residential building Jots and 1 common lot on .73 acre in an R-15 zone for Trov Place Subdivision by PPN. LLC - 1236 East 2 Y2 Street: F. Findings of Fact and Conclusions of Law for Approval: CUP 04- 003 Request for a Conditional Use Permit fOT a Planned Development to allow for a multi-family development consisting of 1 tri-plex and 2 Mcridi~n ClIy Council Agond.:i - May 25,2004 pagc I oD AllllU\lerials pltll<:nted 3t public meeti.cgs shall bcoomc l"OjlCllY of the CityofMcricli~". MyOll'> clCl-iling ~ccommoda6on fllr dhsbili{jes rela{e~ tu documonlS 3.\\dfor be<1ring~ 1'1l:U<c ccnlllcr we Cil)' Cl",k's Office at 888-4433 at leust 4S houls prior \0 the pubtic lTIetting *>1< TX ~MATlON REPORT ** rOo':'. ,,;,.,: FlS OF MAY 21 '04".:'~;46 PAGE. 01 CITY OF MERIDIAN MODE EC--S EC--5 EC--S EC--5 EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S G3--S EC--S MIN/SEC PGS 01'40" 003 01'00" 003 01'00" 1303 131'01" 003 00'59" l!l03 00'59" 003 00'59" 003 131' 18" 1303 00'59" 003 01'17" 003 00'59" 003 01'00" 003 01'16" 083 01'133" 003 00'59" 003 01'08" 003 01'57" 003 01'013" 003 CMD~ 105 106 106 106 106 le6 106 106 106 106 106 106 106 186 106 106 106 106 STFlTUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK 13 15 16 17 18 20 21 22 23 24 25 26 27 28 29 313 31 32 DFlTE TIME TO/FROM OS/21 16'14 3810160 OS/21 16' 18 PUBLIC WORKS OS/21 16'19 12084664405 OS/21 16:21 8841159 OS/21 16:23 2088840744 OS/21 16:25 POLICE DEPT OS/21 16'26 8<385501 135/21 16:28 ~18RARY OS/21 16'30 92083776449 135/21 16:31 268 388 6924 OS/21 16:33 2088886854 OS/21 16:34 268 895 03913 OS/21 16:36 128300040 OS/21 16:38 268 387 5393 OS/21 16:39 ADFl CTY DEVELMT 135/21 16:41 8885052 85/21 16:43 CHERRY ~FlNE OS/21 16:45 IDAHO ATHLETIC C CITY OF MERIDIAN t'lt'OSt' 1....651- -to( Y\..Lb.U..(.I NO tll,iJ.. - \ I u..u~ UU' ) J 4. Adoption of the Agenda: 6. Consent Agenda: CITY COUNCIL REGULAR MEETING AGENDA _ Shaun Wardle _ Bill NalY Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: Tuesday, May 25, 2004 at 7:00 p.m. 1. Roll-call Attendance: City Council Chambers 3. Community Invocation by Kevin Moyer, Meridian First Baptist Church: 5, Proclamation for American Legion Poppy Day proclaimed Saturday, May 29, 2004: #~. Approve Minutes of April 20, 2004 Pre-Council Meeting: B. Approve Minutes of April 27, 2004 Pre-Council Meeting: C. Approve Minutes of May 11,2004 City Council Regular Meeting: o. Findings of Fact and Conclusions of Law for Approval: AZ 03- 022 Request for annexation and zoning of 5 acres from RT to c-G zones for Kissler (Dealy Parcel) by 8RS ArChitects - southeast corner of East Ustick Road and North Eagle Road; E. Findings of Fact and Conclusions of Law for Approval: PFP 04- 001 Request for Preliminary Final Plat approval for 3 residential building lots and 1 common Jot on .73 acre in an R-15 zone for Trov Place Subdivision by PPN, LLC - 1236 East 2 Y2 Street: F. Findings of Fact and Conclusions of Law for Approval: CUP 04- 003 Request for a Conditional Use Permit for a Planned Development to allow for a multi-family development consisting of 1 trl-plex and 2 M.,;di~"Ci'YC.uncil Ag,.d>- May 25, 2004 P'B.loD All moreti.l< p."""'<d "po.li. m'.IUlg;: $hoJl b<<omo propcny oflhoCilyofM'ridl:rn, /u1ycne cksiriat. \!'ccommo&1'-iOtl fhr dis1bililies id;Sled La... dDC.I.nncn~ 3lldIorhe:1rin.!:S pl",-<o'O"IllOT IMCiLy CI<tI;', Offi.. ~t 8S~-4433 011,",,48 bOll" p~Ort. th, publi. mooh"~