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Home My WebLink About2004-11-09 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, November 9,2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve 3. Discussion of TVTV Treasure Valley Public Access Television: Presented (*25 minutes) 4. Discussion of North Meridian Area Plan: Discussed 5. Discussion of Storm Water Drainage Ponds: Discussed 6. Discussion of EMS District: Presented I 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 - November 9,2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN PRE~COUNCIL MEETING AGENDA Tuesday, November 9, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle L Christine Donnell I Charlie ,untree )( Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: ~o v..e..- 3. Discussion of TVTV Treasure Vallev Public Access Television: (*25 minutes) fJrL f'e-tvr.ed.) 4. Discussion of North Meridian Area Plan: t14?UA'.-JUd- 5. Discussion of Storm Water Drainage Ponds: d/s- cu.r.re c:L 6. Discussion of EMS District: fJYe~uLl d(JGUJr-e~ "'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 - November 9, 2004 Page 1 of 1 AI! 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. i ** TX CO, <MATI ON REPORr *'" AS OF NOV 05 '04 _' :54 PAGE. 01 CITY OF MERIDIAN Df:!TE TIME TO/FROM MODE MIN/SEC PGS CMDl:I STATUS 16 11/05 17:36 PUBLIC WORKS EC--S 121121'25" 12101 053 OK 17 11/05 17:37 12084664405 EC--S 00'27" 001 053 OK 19 11/05 17:40 8841159 EC--S 00' 26" 001 053 OK 21 11/05 17:43 2088840744 EC--S 013'26" 001 053 OK 22 11/OS 17:43 POLICE DEPT EC--S 00'26" 001 053 OK 23 11/135 17:44 89855131 EC--S 013'24" 001 053 OK 24 11/05 17:45 LIBRARY EC--S 00'30" 001 053 OK 25 11/05 17:46 92083776449 EC--S 00'25" 001 053 OK 26 11/05 17:47 3686924 EC--S 60'26" 001 053 OK 27 11/05 17'48 2088886854 EC--S 00'24" 001 053 OK 28 11/05 17:49 208 895 0390 EC--S 130'25" 001 053 OK 29 11/05 17:50 1283000413 G3--S 013'29" 001 053 OK 30 11/05 17:51 208 387 6393 EC--5 00'25" 1301 053 OK 31 11/05 17'52 f:!Df:! CTY DEUELMT EC--S 00'26" 001 053 OK 32 11/05 17:53 8885052 EC--S 010'25" 001 053 OK ctG;~;dl(;[n"' ~lO"H() ~ ~r. ....~;tJ,".... I ;."...0--: r f'lt~..""~t',V..J MAYOR Tammy de Weerd On COUNCI1. MEMB5RS W,lliom L. M. Nary Keith Bird Chftrl~s M. R()unlrC~ Shaun Wardle Cnr DEPARTMENTS Fire 541l F:. Franklin RQad 888. t2341 [Ok S9S.039D P"r~s & Rect'C"lion 11 E. Bower Strp.N 888-3579 f fax 898.550t Plonning & Zoning 660 c. W.; tel'tower Lane Suite 202 884--5533{f.~ 88B-6S54 Police 1401 E. Waterlower tone 888-6678 f hx 846-7366 Public Wa,k. 66D f,. Walerluwer Lane SuH~ 200 898-5500/ fax 89&-9551 - Buildj ns 660 E. Wat.'rtoweJ' Lonl! Suire 150 887-2211/ fax 867-1297 - SeWN (WWTP) MOl N. ten Mile Rood 888-21911 fox 854-0744 . Wntt!'T 2235 N. W. 8th Street 888.5242/fo); 884-1159 Hea~e... r6~:f-1rr 'Pu.b\lc- /Jo+tC~ . IhClf\KJ; ~ " >.c. ~ " V ..If li:\i 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, November 9, 2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items whiCh aTe on the regular scheduled City Council meeting as well as the following issues: - Discussion of TVTV Treasure Valley Public Access Television - Discussion of North Meridian Area Plan - Discussion of Storm Water Drainage Ponds - Discussion of EMS District The public is welcome to attend the meeting. DATED this Slh of November. 2004. J. ..Jt:ta-'p WILLIAM G. BERG, CITY HAL.L 33 EAST IDAHO AVENUE MElllDIAN. WAllO 83642 (20R) 888-4433 cm' CL~I1'-I~X Il!lH'~~113 HUMMI ""~O\iI1C.S-hIX 864.812:, I'IN,"'E" (ITII.lTI BILLlNC-I<IX 887.4R13 !Jh\'on'~ (lfl'lc~-r>\x IlIH.6Jl9 AS OF NOU 05 '04 18:05 PAGE. 01 *'" TX CONF1'" 'HT I ON REPORT *'''' CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDIt STATUS 01 11/05 17:55 CHERRY ~ANE G3--S 00'01" 000 053 INC 02 11/05 17:55 CHERRY ~ANE G3--S 00' 01" 000 053 INC 03 11/05 17:57 CHERRY LANE G3--S 00'00" 000 053 INC 04 11/05 17:57 CHERRY ~ANE G3--S 00'34" 000 053 INC 05 11/05 17:58 IDAHO ATH~ETIC C EC--S 00'2G" 001 053 OK 05 11/05 17:59 ID PRESS TRIBUNE EC--S 00'26" 001 053 OK 07 11/05 18:01 2088885701 EC--S l:l0' 25" 001 1353 OK 08 11/05 18:05 38101G0 EC--S 00'36" 081 053 OK THIS DOCUMENT IS STI~L IN MEMORY -------------------------------------------------------------------------------------------- '11/-: .~"- cUe;;dzCrn lO.\HO MAYOR Tammy de Wet.:td em: COUNCIL MEMBeRS William T.. M. Nary Keith Bird Charles M. Rounlre~ Shaun Wardle en y D"E.I'AR'fMENTS Fire 54rJ F.. Franklin Road 8SS. t134/ [(IX 895-0390 Parl<s {$< Recreation 11 E'. !:lower Slrp-PI 888-3579/ fax 898.5501 Planning &; lOlling 660 1>. W"lel'tower Lane Suite 202 884-55331 iax: 88S-68S4 l""H~ 1401 E. Watcrlower Lan" 888.66781 f3x 8-i6-7J66 Public Work~ 660 1>. W~lertower L.,!\c Suite 200 898-5500/ fax 898-9551 - Building 660 E. W~t.~rtower Lane Suite 150 887.2211 I fax 887.1297 . Sewer (WWIP) 3401 N. Ten Mile Ro~d 888-Wn / f~x 884-0744 - W.ller 2235 N. W. 8th Street 888.5242/ fa~ 884- \ 159 HeQ~e... t6~t- b- 'Pubt1c.... fJanc.e::.. . Iho.A(l..S ". \. <' ,} /> f~ 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, November 9, 2004 at 6;00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as tha fallowing issues: - Discussion of TVTV Treasure Valley Public Access Television - Discussion of North Meridian Area Plan - Discussion of Storm H1atar Drainage Ponds - Discussion of EMS District The public is welcome to attend the meating. DATED this 51n of November, 2004. ,/. 0t:ta-.~ WilLIAM G. BERG, CITY HALL 33 EAST IDAHO AVENUE MEBlDIAN. IDAllO 83642 (lOR) 888-4433 eli\' C~I~ll~-m;.,: aSK-42IS HUMMI Ht.OliRCES-l\\X SS4.8n:~ I'INM;CE " "Tn,Il'\, 1l1~~ING-I'~X 887-41\13 ~li\YOn'~ l,)fFIC~-I7\X 1l1l+'6JJ9 ** TX CONFIRMRTION REPORT ** 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 30 32 DRTE TIME TO/FROM 11/05 16:44 3816160 11/05 16: 45 PUBLI C WORKS 11/05 16:45 12084664405 11/1215 16:46 8841159 11/65 16:47 212188840744 11/05 16:48 POLICE DEPT 11/05 16:49 898551211 11/1215 16:56 LIBRARY 11/05 16:52 3886924 11/1215 16:53 2688886854 11/85 16:54 128301211214121 11/05 16:55 268 387 6393 11/65 16:56 8885652 11/65 16:57 CHERRY LANE 11/05 16:58 IDAHO ATHLETIC C 11/05 16:59 ID PRESS TRIBUNE 11/85 17:8121 208888671211 11/05 17:05 9212183776449 11/1215 17:1217 288 895 6398 11/05 17:18 RDR cry DEUELMT RS OF NOU 85 '84 17:1121 PAGE. 81 MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--5 EC--S EC--S G3--5 EC--S EC--S G3--S EC--S EC--S EC--S EC--S EC--S EC--S CITY OF MERIDIRN MIN/SEC PGS 0121'29" 12101 66'2121" 12181 08'21" 801 66'26" 601 00'20" 001 00'20" 801 00'20" eel 00'22" 81211 0121'19" 12101 1210'19" 661 00'25" 12101 00'19" 01211 08' 19" 861 8121'39" 801 8121'28" eel 6121'28" eel 66'21" 61211 8121'26" eel 0121'28" eel 88'21" 12101 CMDl:t 851 051 051 12151 12151 851 051 051 051 12151 851 051 051 12151 12151 12151 12151 12151 12151 051 t1-CQsc.. fcs+ 4-d Pub\\C- No+tc.c, - lh~J;) CITY OF MERIDIAN PRE..cOUNCIL MEETING AGENDA Tuesday, November 9, 2004 at 6:00 p.m. City Council Chambers 1. Roll-calJ Attendance: STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK _ Shaun Wardle Christine Donnell Charlie Rountree Keith Bird - _ Mayor Tammy de Wgerd 2. Adoption of the Agenda: 3. Discussion of 1VTV Treasure Vallev Public Acce&$ Television: 1. '" AS OF NOV 109 '04 104:21 PAGE.01 ** TX CONFIRMHflON REPORT ** CITY OF MERtDIAN 01 102 DATE TIME TO/FROM MODE MIN/SEC PGS 11/109 1a4: 15 CHERRY LANE 53--5 010'35" 12110121 11/109 104:21 CHERRY LANE G3--5 100'102" 000 THIS DOCUMENT IS STILL IN MEMORY CMD~ STATUS 1053 I NC 1053 I NC ------------------------~-----------------------------~------------------------------------- olfe;:;dl{;rn~ ID.\HO MAYOR Tammy de We~rd CITY COUNCIL MEMBERS Willbm L. M. Nllry Keith Bird Chftrles M. Roulltr~ Shaun Wardle erlY DEPARTMENTS Fire 540 ". Fr~nk]jn Road 8S8- 'l.234 / [;'IX 895-0390 Park$ fk Rect.:lation 11 E. Bower SlCMI 888-3579! fax 89iVi501 Planning & Zoning 660 E. WMerlower Lane Suite 202 884-5533/ fax 888-6854 Police 14{)1 E. WatC1'tower Lam; 88B-W78 f fax 846-7366 l'\lblic Work, 660 F.. Walertower L<mc Suite 200 898-5500! fax 89S-9551 - Building 660 E. Wah~rtowef lane Suite 150 887-22'11 f fax 86'7-1297 - Sewer (WWTP) 3401 N. 'l\~n Mile R(')~d 886-2191 /fax 8S~.0744 . W.lteI 2235 N. W. 8th Street 888.5242 f fax 884-1159 i, Mea~e... f6~f- U 'Puh~lc- /Jattc.~ - IhOf\K.S .:: ....~'" 't >I t~ :f &> ,""" flU NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE [S 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, November 9, 2004 at 6:00 P.M- The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Discussion of TVTV Treasure Valley Public Access Television - Discussion of North Meridian Area Plan - Discussion of Storm Water Drainage Ponds - Disoussion of EMS District The public is welcome to attend the meeting. DATED this 5th of November, 2004. 1/ _ -.drd4--:p WILLIAM G. BERG, CITY l-IALL... 33 cAST IDAHO AVENUE MEHIDIAN, IDAIIO 83642 (20fl) 888-4433 CITY CLI:Ilt;-r;\x SflR.4218 HUMAN ~l':WI.it\CGS-n'X 88'H1n:~ 1'IN,\/,CE", 11'l'fJ.I'IY BILllNG-.....X 887-4R13 MhVflfI'':; ()~I'IGG-r.,\\: 8~4'8Jt9 AS OF NOV 09 '04 04:15 PAGE. 01 ** TX CONFIRMATION REPORT ** CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 32 11/109 04: 14 CHERRY LANE G3--S 1010' 34" 000 053 INC ~--------------------------------------------------------~---------------------------------- Hta~e.. t6~f- h 'PLLbt1c- 1Jo+l.c.~ - IhOf\KS r. . ~. .\~~~. J' , ../1.* ~~;dian"~ .\ ID.\HO l ,.IF MAYOR Tammy de We:erd On: CUUNCIL MEMBERS William L. M. NC.1Y Keith 13iId Charles M. ROLlnlrc~ Shaun Wardle Cn Y DEI'AR'fMENTS Fire 54[) r::. Franklin Road 888-12341 fax 895-0390 Parl~$ &: Recreation 11 E. Bower Srr~('t 888-3579/filx 1398.550\ Planning & Zoning 660 1:::. W~tl:'l.tow~r Lane SlIite 202 884-5533/ tal( 888-6R54 Poli(e 1401 E. Wa!CTtower La 11<> 888-6678! fax 846-7366 Public We,rko 660 r:. Walettower Lane Sui!,:, 200 898-5500/fax 898-9551 - Building 660 E, W.::.t",rtoweJ' Lane ;)U he 150 887-22111 [ax 887-1297 - Sewer (WW1P) J401 N. 1'l~n Mile Road 888-2.1911 bx 854-0744 - Water 2235 N. W. 8th Street 888-52421 fax 8H4-1159 m NOTICE OF PRE~COUNCll MEETING MERIDIAN CITY COUNCIL NOTICE lS 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; November 9,2004 at 6:00 P.M_ The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the fOllowing issues: - Discussion of TVTV Treasure Vafley Public Access Television - Discussion of North Meridian Area Plan - Discussion of Storm Water Drainage Ponds - Discussion Of EMS District "",;~.. CITY HALL 33 EAST lDAHO AVENUE MEHlDIAN. IDAIIO 83fl42 (20R) 888-4433 Cln CLP.n~-,,\~ !HlH'4:d18 r1U~J,\N tU-:SO\jnCES-n\~ $8.\.872:~ 1'11'I<I1\CE;:. 1"1'11.1'1'1' IlILLlNG-r>\X 887-4A!3 M,I,\'M':'; Ot'I'I(;t;-I'(\~ iJ1l4'8119 ; .~-:S-1~~~ I J:t~~:~~ cM;;~;d/;n" ~ff' ' IDAHO MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-12341 fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/ fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-55331 fax 888-6854 Police 1401 E. Watertower Lane 888-66781 fax 846-7366 Public Works 660 E. Watertower Lane Sui te 200 898-55001 fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N. W. 8th Street 888-52421 fax 884-1159 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, November 9,2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Discussion of TVTV Treasure Valley Public Access Television - Discussion of North Meridian Area Plan - Discussion of Storm Water Drainage Ponds - Discussion of EMS District \\\\11111111111/ \\\\ .- Ulr- II/I ,,\\ -{ 01- IVicfTf/) Iii. ..........' 0 f l....i." ....~ .$'" (j 01(,POR,q I: .';'" '~.. :; .:$'v ~ -S - ~ - ~.- - - :: SEAL :: f? :::: ,r.LERK CjO .2 ~"76 lZsr 1~1 '. ,-"'/ .{?2: '// ':.1 ~^~.,:-' // Co 'W ., //1/11 VNT"{'." ,\\\" 1;11. . .' . \1'"" , ~ d i ,'; I \\ The public is welcome to attend the meeting. DA TED this 5th of November, 2004. j/ . -.d1Z&.-: P- WILLIAM G. BERG, CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK-FAX 88R.4218 HUMAN RESOUHCES-FAX 884.8723 FINANCE & UTILITY BIl.LlNG-FAX 887.4R13 ~II\YOR'S OFFICE- FAX 884.8!]9 11-cosc... fos+(~ Pub\fe- Ncmc.c.. -Th~~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, November 9, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of TVTV Treasure Vallev Public Access Television: (*25 minutes) 4. Discussion of North Meridian Area Plan: 5. Discussion of Storm Water Drainage Ponds: 6. Discussion of EMS District: *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 - November 9, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's OffICe at 888-4433 at least 48 hours prior to the public meeting. ~p /CITYOP '-/YLerldltin~ MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888~ 1234/ fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/ fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/ fax 888-6854 Police 1401 E. Watertower Lane 888-6678/ fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/ fax 898-9551 - Building 660 E. Water tower 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 ; p~QseJ~~f-h 'PLlbt1c- lVopceJ ~OJ\KS ! ( 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, November 9, 2004 at 6:00 P,M, The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Discussion of TVTV Treasure Valley Public Access Television Discussion of North Meridian Area Plan - Discussion of Storm Water Drainage Ponds - Discussion of EMS District The public is welcome to attend the meeting. DA TED this 5th of November, 2004. / . 0r-~~ WILLIAM G. BERG, CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 C!TY ClERK-l,\X 888.4218 HU~lr\N RESQURCES-F.\X 884.8723 F1Nr\NCE & UTILITY BilLING-FAX 887.4813 MAYOR'S OFFICE-Fr\X 884.8119 ( November 19, 2004 MERIDIAN CITY COUNCIL MEEfING APPLICANT November 23, 2004 ITEM NO. 5..D REQUEST Approve Minutes of November 9, 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: SmLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ {}tP~ 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 Tuesday, November 9, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve 3. Discussion of TVTV Treasure Vallev Public Access Television: Presented (*25 minutes) 4. Discussion of North Meridian Area Plan: Discussed 5. Discussion of Storm Water Drainage Ponds: Discussed 6. Discussion of EMS District: Presented I 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 - November 9, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. ~nlrl"'i".o I"fCC!-i,in.., ~"'l"'nmmM'3Hn.f"III f,.",. i"'Um~hmtice rol'::l-+.cu"" t,... ....n...'unon+c:: ~r"Irl/^r h,Q,Grinne Meridian City Pre-Council Meetina November 9. 2004 The Meridian City Pre-Council meeting was called to order at 6:00 P.M. on Tuesday, November 9, 2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Christine Donnell, Shaun Wardle and Charlie Rountree. Others Present: Brad Watson, Kenny Bowers, Anna Canning, Bill Johnson, Rich Green, Bill Musser and Will Berg. Item 1. Roll-call Attendance: X Christine Donnell X Shaun Wardle X Keith Bird X Charlie Rountree Mayor Tammy de Weerd x Item 2. Adoption of the Agenda: Bird: If no changes, I would entertain a motion to accept the agenda as published. Rountree: So moved. Wardle: Second. Bird: It's been moved and seconded to adopt the agenda as published, All in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Discussion of TVTV Treasure Vallev Public Access Television: Bird: Mr. Nary do you want to introduce the lVTV? Nary: Thank you Mr. President, members of the Council. This item on your agenda, Mayor De Weerd and myself had met with the folks with Treasure Valley Television about a month ago to discuss a proposal that they have put together on some possibilities that they think would be very valuable to the city and there are some costs to them. Some of them are related to the franchise agreement that we have with Cable One. But, we asked them to come tonight to do the full presentation for you. With that, I will let them take it from there. Chris: The full presentation starts with about a five-minute video if you will indulge - Meridian City Pre-Council Meeting November 9, 2004 . Page 2 of 21 Bird: Would you mind introducing yourself, ma'am? Chris: I am Teri Chris. I am Station Manager of Public Access Television, Channel 11 in Boise, This is Gail Dyer; she is the Executive Director of our board. We put together a small presentation. We are carried on Cable One, Channel ii, so if you are not a cable subscriber you don't receive this programming, but we are carried through 65,000 homes through the Treasure Valley. (Presentation displayed). Chris: Well, that's a little bit - some of a sampling of our public access station and as you probably heard the City Council in Boise is a little overwhelmed at the response that they have gotten from coming on air. This is something we would like to bring to the City of Meridian too. There is a lot of reasons to bring your City Council meeting to air besides a vanity or something, but it does interest people. You will be -I know the City here and anyone who is on Public Access, first of all they are a little bit shocked at the number of people that watch it and second of all City Council is really shocked how many people stay and listen to what is going on because - you know, the City Council meetings, I think the last one was a really hot contested meeting that went until 1: 15 in the morning and you would not believe the calls we had for copies of that tape because there were so many people that were down there from the City of Boise having testimony and they wanted to either see their dad on tape or hear what their testimony was and see how it turned out. There is a lot of interest in the City Council meeting and r know there is in Meridian, too. But, not everybody gets up and drives down for the meeting, sometimes they just want to sit at home and tune on to 11 and see what is going on. So, what I put in front of you was a little proposal of what we put together when we met with your Mayor and Bob was that what we are looking to start at if this is something that you are interested in - a basic proposal is we are looking to take about three percent of the franchise fee, which is about $5,000 and what this would enable us to do is to just bring one camera down here to start the City Council meeting. This is how we started Boise's meeting, just with a single camera shoot. It would capture the whole meetings and then we would have to replay, air that on Thursdays. Your meetings are Tuesday nights, it would take a day to turn it over and we would re- air that on Thursday nights at 7:00 and we provide you with a VHS copy of the tape so that you would have it. It's pretty basic. It's pretty simple and for $5,000 we could cover the equipment and the person to come down here and do it. We could start that as early as January, but what we foresee for the City of Meridian as well as other cities in the Treasure Valley is that the cities start using our station in the way that public access should be used; and that is to use us in a wider variety for other community events you have going on. To do this we are looking at a $65,000 start up fee for the next fiscal year. This is a start up fee that comes out of Cable One. It has to be negotiated by the city and for the City of Boise they negotiated $250,000 start up. This is, however, high it's always Meridian City Pre~CouncilMeeting November 9, 2004 . Page 3 of 21 negotiation wherever you start. The Cable will bid you down. This will start your City Council, your public access and basically what it will purchase is a remote van to come out here on Tuesday nights and shoot your City Council meeting. This would be a two-camera switch shoot. It would take you away from the one camera panning back and forth. It would be a switch shoot. It would be professionally done every Tuesday nights and the van also could be used to shoot other events throughout the city. Boise decided to take about $55,000 and put remote cameras into their City Council, which mayor may not be something that you wanted to do. The one thing this City Council has to do is negotiate fiber optics to the City Hall and the Mayor was saying that this is a hall that might be moving in the near future and that you are outgrowing your facility and want to move it. So, I don't consider at this point negotiating the fiber optics to this point - to this building right here would be feasible for you. You should wait to wherever you are going to move it to and have it moved - it can be expensive. That is something the city has to negotiate with Cable too. This would allow us to hook up to the fiber optics with the van and go live with your City Council meeting. We would need the $65,000 for the van. You would have to negotiate a franchise fee - the fiber optics - negotiate 10 percent of your franchise fee, which would be the $65,000 and you would have to bring the fiber optics in here-what else? Right now the current cable subscribers pay a dime per subscriber. I don't know if they do that in the City of Meridian, but in Boise, everyone who subscribes to cable pays a dime. This is a fee that we are trying to bring up to 30 cents and it was a fee that we would want the City of Meridian as. This covers our capital cost. It would come to $21,000 for the first year. This would up the van from the City Council shoot to your high school football shoots. High school football takes a lot more camera equipment, a lot more cable and a lot more equipment to a nice job with that and that we would need that $21,000 to bring that van up to football shoots, but then we would like to take a football of the week, brought to you by the City of Meridian and TVTV and broadcast that on Channel 11. We have done that with the Boise School District. They paid us last year to do it, we'd like to do it for the City of Meridian, but we would like the cost to be covered by the City of Meridian and we had a wonderful response from the parents of the high school kids. They wanted dubs of the tape. They had wonderful stories. One woman wanted a dub of the tape and I didn't have it done it time and she broke into tears about it, which I thought was odd and overwhelming and she said, you don't understand my ex-husband is in Coeur d'Alene and he is dying of cancer and without that tape he doesn't see his son play football. I was overwhelmed. I didn't know, but it does touch the public and if we are out there shooting the football games, if we are shooting city events the people in Meridian see where their money is going and I think that it's appreciated when they see that this football game or this city advantage was brought to them by the City of Meridian and the schools don't have to pay for it out of their own very limited budget. So, we have the 30 cents that would be an ongoing fee, 30 cents of subscriber and that would be $21,000 a year coming to the station to cover capital, upkeep on the van and upkeep of the facility itself. Our facility is located on 6225 W. Overland. It's a communion media center and ( Meridian City Pre-Council Meeting November 9, 2004 Page 4 of 21 even now anyone from Meridian can come down there and for $40 a year they can get a half an hour airtime and make their own television. We have a full- fledged studio, three editing bays and field cameras that we train people to use and the people of Meridian can go out and use this facility. Obviously this facility is not (inaudible) sustaining at $40 a year. It's the view of the board and the people that run this station that public access has to be cheap to the people at all times. They have to have access to the airwaves or for us there is no democracy, but it's not public access if we charge what it would cost. So, we need the cities in the Treasure Valley to help support this like they would support a library, so the people here in Meridian can come out there and use that. What else we are going to ask from the City of Meridian is 10 percent ongoing of your franchise fee, This is operating expense for us. It comes to $15,000 and this would hire an employee part time for us to one come out and shoot the football games, come out and do the City Council games and also help us out at the facility. So, that is our general proposal for this right now. But, are there any questions I could answer? Bird: Council any questions? Rountree: Mr. President. Bird: Mr. Rountree, Rountree: You indicated there are currently 65,000 cable subscribers- Chris: That's throughout the Treasure Valley. Rountree: How many in Meridian, do you know? Chris: I think it's 7,000 - a little over 7,000 is what Meridian has through Cable One. Rountree: Thank you. Bird: Any other questions? If not, I have got a question for her. You say football games - are you involved with the Channel 17 that does already telecast our football games and stuff like that? Chris: That's Cable One this year. They bid that out to the school. It's the school district of Boise that's paying for that this year. I am not sure what their deal is. They negotiated with Cable One for that. I am not sure if it will happen again if Cable One can't turn it into a profit. They might do it, just as outreach, but if it doesn't - if it's not a profitable venture for them I am not sure that they will do it again, but we did it the year before for the Boise School District. They did it this year. Meridian City Pre~Council Meeting November 9, 2004 Page 5 of 21 Bird: Thank you. Donnell: Mr. President. Bird: Ms. Donnell. Donnell: A couple of questions. First of all this is start up fees that you talked about, but there is ongoing expense and that will be ongoing expense to the city. Chris: The ongoing expense to the city would be ten percent of the franchise fee. Donnell: So, when that grows that also grows? Chris: Yes. Donnell: I also noticed in a letter that you have sent previously that there wouldn't be a need to determine where the - and I don't know much about fiber optics, but the city hall would have to be wired. Is that what you were talking about -? Chris: To go live. You have to have the fiber optic wiring. The City of Boise it was fairly close to them and they brought it into their city hall and there is two reasons for you to - first you have to find out the closest fiber optic is and second I know you are thinking about moving and that would be too expensive if you are going to move it. It's also something you could plan on if you are building a new city hall, you could plan on adding the - bringing the fiber optics in as part of the expense and maybe at that time adding your own remote system in and it ran about $55,000 for Boise and that included the fiber optic. But, I did talk to Linda Roach who is Executive Director at Cable One in Boise and she said it all depends on how far away it is and what the cost would be for the City of Meridian. Donnell: Mr. President, follow up? Bird: Ms. Donnell. Donnell: Am I to understand this right. You are not a part of Cable One? You are separate from Cable One? Chris: Yeah, we are non~profit television station; we are ran by a board of about 11 people right now and we have actually only one full time employee and two part times and volunteers that keep the station running. Donnell: And so your non-profit status is that - that allows you to write for grants? ( ( Meridian City Pre-Council Meeting November 9, 2004 Page 6 of 21 Chris: We do write for grants. We haven't had a lot of successful grant writing. We have had a few successes and we hope to find more equipment grants, but there are a lot of good causes out there besides freedom of speech and so we are up against those same type grant writings. Donnell: So, did you say there were 11 staff members? Chris: No, there is only one full time and two part times. Equivalent of two staff members at the station right now. We come on air at 5:00 every night. We run our first straight programming through till eleven. Then we bring in - we have a city bulletin board we run where we have community events, things like that. We bring in satellite programming the arch channels things like that through the night and it's seven the next morning we rerun everything that ran the night before so everything gets aired twice. Donnell: Another question Mr. President. Bird: Go ahead Ms. Donnell. Donnell: By the time I say that, I almost forget what my question is. I am so used to just blurting it out. Have you done any kind of survey to find out actually what your viewer-ship is or whatever that word is? Chris: Well, we are trying to work something out with Cable One right now to mail out our survey in their envelopes, which they are willing to do if we get - to pay for one, we just don't have that kind of income. Most stations do surveys to sell commercials, which we do not do. We are nonprofit, noncommercial; no one can sell anything on the station. But, it would be nice to have numbers and if we can find a nice inexpensive way to do that, definitely we are trying to that and we are trying to work out something this fall with Cable One, so they will mail them and people mail back to us. Nary: Mr. President. Bird: Mr. Nary. Nary: Just to give the Council, Mayor a little more information. I did talk to the Finance Department about what the franchise fees that we currently collect have been on the Cable One contract and last year it was approximately $81,000. So, just so you know what that number was and to at least echo some of the comments that were on the screen, I know in Boise they have had a significant number of folks respond that they have watched this program and do try to keep up. Now of course part of that is because it's live, I mean that certainly helps that, but I would concur with what was said in that that there was quite a bit of viewer-ship that they do have from Cable. Meridian City Pre-Council. Meeting November 9, 2004 Page 7 of 21 Chris: I will agree, the City of Boise was I would say a tad reluctant. They didn't want to be on television. What if they said something inappropriate, but it was a producer at our station, just an independent Boise resident who wanted to go down and shoot the City Council meeting and he started doing it and thaf1s totally his right and privilege and then he would use his airtime to air it and the city started getting such a huge response at that point they agreed to spend $55,000 to put in camera equipment to get a little nicer look on their shoots because just one camera aired two days later, every Thursday night, they just started getting major response that they thought it was worth paying for. So, I know they couldn't be more pleased and neither could we. It's part of our mission statement - we are public access right now, but really we want to be PEG, which is public, educational and government. One of the things we want the City of Meridian to do is ask cable for a second channel for us to operate and that would also separate our government shows from our public shows as you can guess our public shows are just anyone who comes off in training, it can be anything they have to say so long as they are not breaking the law that they say, but there are also sometimes lower quality productions, things like this and the government, I know, would just be a huge help for the government to - even though we would be from the same station, have a separate channel for them. It separates them from the public and gives them a little more leeway so they are not tied into everybody's public opinion. So, that is one of the things we are extremely and in the end we want three channels. One for public, one for education and one for government. That is our dream for the Treasure Valley and we want to service the City of Meridian, Caldwell, Nampa and we want to be the Treasure Valley's station and use to our fullest potential. At this point we are only three years old and I don't think people have even come close to tapping the potential of the station. It all takes money, but it can definitely be used a lot better than it is now. Wardle: Mr. President. Bird: Mr. Wardle. Wardle: If an option to go live were in place, how would you decide which of the City Council meetings were to be live? Chris: Well, first of all we loved to have a second channel and then we wouldn't have to, but eventually it's going to have to be first come, first served. But, that's what we hope to, you know, not have to say that just yet and we would love to do three channels, three live. Is it the whole Treasure Valley that does Tuesday night? Am I close in assuming that the City Council meetings are Tuesdays? De Weerd: Mondays and Tuesdays. Chris: Okay, well that might help us with some right there and spread that out a little bit more. Meridian City Pre-Council Meeting November 9. 2004 Page 8 of 21 Bird: Any other questions? Madame Mayor? De Weerd: No, Mr. President. I guess we have heard on what they would like from us, but I would like you to expend a little bit more on your vision on the education component and how you see that best utilized, in particular, if you go valley wide. Chris: If we go valley wide, I know that a lot of public access stations have a lot more educational program and they bring in satellites and this way a school or a teacher could program through a satellite through us, a specific program that she wants her kids to see in class. She can call us. We can rearrange it, set it up and then Tuesday at 10:00 this program is going to air in her classroom, she just has to turn to Channel 11 and she can view it. Things like this and the footballs games, things like this to reach out through the community with educational sports, kids programming, this is what the education view I see is the schools viewing this a lot better. I would love to have the morning menus on there, the kids' - this is what's going in our school. I would love to see a little 15, 20-minute show from each school. They have these little radio - most of them are closed circuit with little cameras and they already do a little T.V, show at most high schools, this is what's grnng on, this is our bulletin board, this is what's on lunch. I would love to take that to air too. De Weerd: Follow up, Mr. President. Bird: Go ahead, Mayor. De Weerd: You had also mentioned training that you could do cross training. Chris: This would be a great governmental use. I was thinking that I know a city down in Santa Rosa and there Fire Department uses their public access and a group of men came down and tried to use the equipment, which may sound over their head, but it's not. They loved it. They all trained to run the equipment and camera and like a couple times a month they'll come into their station, they will do a training live and all the other stations just have to tune into that channel and watch the training. This was a huge expense saver for the Fire Department because usually they have to go around from station to station and repeat the training for every man at every station. This way they only did one training, everyone watched on television, the training was done and she just thought it was a great way use of our public access channel. So, that was another one. Bird: Any more Mayor? Council what is your pleasure? I think we need to think on this and do some checking myself before I am ready to even think about it real serious. How about the rest of you? Rountree: I'd be there. Meridian City Pre-Council Meeting November 9, 2004 Page 9 of 21 Bird: Well, thank you very much for coming. We will get back to you. Chris: Thank you. Maybe we could bring a camera down a couple times and shoot it and you could see how much feedback you get. Item 4. Discussion of North Meridian Area Plan: Canning: I have forgotten to do one thing, sorry. I have a slide coming up that has some of these talking points, but I will go ahead and start. We did meet with ACHD staff regarding the open end condition in the North Meridian area stating that if such time as there was a condition put on the North Meridian area plan that those developments that were in that area would comply with that. There has been discussion, as you know back and forth as to what that may mean. At the last joint meeting you had with ACHD staff started to come up with a couple ideas of what maybe we could do regarding intersections and right of way (inaudible) and working within the capital improvement projects, so we did get together with ACHD staff and what we decided was kind of two things. One would be that the capital improvement plan will begin updating at about one year and that isn't a one-year process, so it's a three-year cycle. We have kind of been in a dead year for the last year and then they will start up again and have one in a couple of years. But, in that capital improvement plan, we should get better demographics, reflecting what's going on in the Meridian area, particularly the north Meridian area. That's been a lot of the issue is that COMPASS projections just miss the mark on what was going to happen in that north Meridian area. Then once we get the better demographics that means they can funnel more funding to that area. One of the things that is going to be different in this new capital improvement plan is that they will put in intersections, not just roadways, but actually the intersection analysis and by improving the intersections, they are not going to - it's going to put off the need for the additional lanes on the roadways, so there is going to be two things. There is intersection analysis as well as roadway analysis. That should enable a lot more projects in kind of a better ranking of those projects based on need because they are separated rather than being put together. So, that should be another way that we could get to some of these intersection improvements that are needed in our North Meridian area, Then regarding right of way, by putting the intersections in as a separate item, if they get those intersection improvements done it pushes off the, as I said before, pushes off the need for additional lanes, which means less right of way, which means they are requiring less right of way over time, so it does seem to be kind of a win, win doing it that way. Also, we talked about putting sidewalks in easements, not in the right of way. As you know, we require for the residential subdivisions on the arterials, we do require a detached sidewalk and sometimes it meanders in and out of the right of way; a lot of times it's not in the right of way at all. What ACHD would like to do is just require those to be an easements, since we do have the large landscape buffers and that also minimizes some of the need - the money they have to spend to acquire right of way and as a side line to that, it's not directly related, but we have i Meridian City Pre-Council Meeting November 9, 2004 Page 10 of 21 also discussed as part of the code revisions that right now that five feet of pathway you have - it doesn't count in your landscape buffer, so like if your landscape buffer, your street buffer is 25 feet, right now it means that really you have to do 25 feet plus the 5 foot for the sidewalk, so it's 30 feet from the edge of right of way to the fence line, basically, One of the things that we did talk about was for that any street buffer that was larger than 10 feet we kind of waived that requirement that that be an additional five feet. So, that's kind of a win, win also. ACHD isn't having to expend as much money, we get our detached sidewalks, the developers are giving up less land. They get to call it theirs instead of right of ways, so that was another win, win. The last one that may need a little further refinement as time goes on, but we did ask that during the development review process if ACHD could give us a little better ideas of how those intersections relate just to the improvements that we are asking for in the City of Meridian. Right now they have got a list of 100 intersections throughout the county that they look at and those are all ranked. So, the Meridian ones might be 7,49, 56, 99 you know there is a long list for the county as a whole and we said well what if you were able to tell us okay of all the Meridian intersections that we know you are interested in, this pops up as number two. This is an important one for the City of Meridian, now it might be 49 on their list, but at least going into the Council hearing, you all will know that this is an important intersection for you and that may influence what you want to do during a request for annexation during a development agreement. Maybe there are things we can negotiate as far as those intersections improvements. If you all know how that intersection relates to the ones that we are looking at for the City of Meridian as a whole. Then they would also give you an idea of whether that intersection warrants signalization. So, there are many of them on our list that don't meet the warrants for a signal and so they would give us that information as well during the development review process. This would require some cumulative analysis on their parts, so I think that that's the part that maybe we need to work on refining, but they seemed willing to start looking at that and address those issues. So, that's what staff has come up with. I can answer questions and also Gary Inselman from ACHD and he can fill in any blanks I may have left or answer any additional questions. Bird: Thanks Anna. Any questions for Anna or Gary? De Weerd: Mr. President. Bird: Madame Mayor. De Weerd: I guess my concern continues to be in the timeframe and we are talking two years. There is a lot of building permits. I went to an economic forecast this morning and all the activities going on in North Meridian area and could be built out in two years. We will still need intersection improvements. I don't know. I guess I'd almost like to see us go to the developers. I know ACHD has their hands tied with how they have to plan with their capital improvement and their 20-year work plan. But, how we can find maybe out of the box ( Meridian City Pre~Council Meeting November 9, 2004 Page 11 of21 solutions with the development community to get those intersection improvements more timely than they are even listed on rank and file order in the list. You know, 49 on a rural intersection that's been slammed with 200 new homes, just doesn't give it a whole lot of priority and a long list of it. Then in this North Meridian area was supposed to be more specific in looking at the area and not as it fits in the county. but as it fits in that area. Canning: Madame Mayor, President Bird and that's what the last item was trying to get at. We recognized that the City of Meridian has a lot more flexibility than ACHD does. I mean, ACHD really - the only way that they can work is through the capital improvement plan. That was the hope on the development review stuff is that would be immediate. That would be information that they could start giving right away, not right of way. That would be our opportunity to say okay we know this is an issue; here is the problem, when those developers come that want to do projects that are going to use those intersections then we have that tool to negotiate something to work out of the box to use that or leverage that however we might. Not to say we couldn't do other things. De Weerd: So, how would that work with our open condition? Canning: Madame Mayor as far as I - to my knowledge that open condition there is nothing we can do with it. De Weerd: Well then let's get it off of there. Canning: Okay. Bird: Council any other questions? Rountree: Well, I would just reflect the same concerns, Mr. President, that the Mayor did in terms of times. De Weerd: Mr. President. Bird: Madame Mayor. De Weerd: I guess just one last thing I would ask that our attorney look at it and see if there is anything we can do. When we went into those conditions, it was with the anticipation that something would happen with at least the intersection improvements. I think that was the expectation that we even communicated out to the development community and before we just totally delete this - because I mean if there is nothing we can do with it we need to get it out of there. But, I would like a black and white answer on this. Can we do something? Because that was certainly the intention during - when we placed those findings on there that we would have something in form of how we can get a better flow of traffic in that area of town that I would just like to make sure that legally before we delete Meridian City Pre-Council Meeting November 9, 2004 Page 12 of 21 this condition that there's no hope to put something in there. Maybe ifs even talking to the original developers who were working with us to find out the direction they are coming from too. Bird: I agree with you Madame Mayor. I am sure the attorney can do that. I thought that's what we had the North Meridian Plan for and the developers did buy in with it and I thought so did ACHOr but evidently we get different views from every different person. We have got to be consistent. I feel that if we are not consistent we are in trouble and I think we are in trouble. Because I am like you and Charlie I think it's going to develop and pass us by. Any other questions or statements, Council? Thanks Anna, very much. Canning: Can I add one statement to the last discussion? Bird: Yes, go ahead. Canning: If - and I have to admit that most of the advice regarding the open end condition has come from ACHD, since they are the road people, so if the city attorney has some ideas, it's not that planning staff is trying to dodge work, I just am not aware of anything that could be dona. Bird: Thank you, Anna. We are not in anyway implying that. Item 5. Discussion of Storm Water Drainage Ponds: Canning: At the same meeting we also had a good discussion on storm water drainage, although I think there is some issues that we need guidance from the City Council on as well as we probably need to have it discussed during a joint meeting, but I am going to throw these up here for your consideration at this time. There were two things that we need. One would be kind of an understanding of what we are getting as far as what kind of landscape plan and then tied to that would be the maintenance. So, the first thing is that we need to know what we are approving and then we~d go ahead and maintain it. What we have been - we being planning staff have been advocating storm water drainages and that they do comply with the street buffer requirements, meaning that they provide the full width of the street buffer in the area, the one tree per 35 feet and then some sort of low maintenance ground cover. Now it doesn~t have to be a sod, it could be a fescue or it could be shrubs, but some sort of ground cover that would eventually be easy for the Parks Department to maintain as - 1~11 get to that in a little bit. Then internally, some sort of vegetation. ACHD is by and large been proposing dry land grasses, which most of the year they look like weeds, but it would be low maintenance. It is vegetation that is holding that dirt in place. Then the one tree per 8,000 square feet, which is our standard landscaping requirements for subdivision open space or residential open space. Then to adhere to the other storm water drainage (inaudible) standards, which are the slopes primarily, the use of rocks, things like that. Now, if they were to meet those standards, staff Meridian City Pre-Council Meeting November 9, 2004 Page 13 of21 feels that you wouldn't need to do a land use buffer around them. But, if they are not meeting those standards and they are more of a constructed facility whether it's a lot of concrete and if it looks like an industrial facility then we probably need to have some sort of land use buffer, which would be more like the street buffer requirements where we have got some screening and things like that. So, that's the planning staffs suggestion is to what these plans should look like, that's what we have been advocating. The one that is going in on Locust Grove and Franklin would meet these standards. The one that went in on Overland and Meridian is not meeting these standards, so there is the kind of the difference in what they look like and actually Steve Siddoway met with ACHD earlier today to talk about the one on Meridian and Overland and you will probably be hearing about that I think. I don't think ACHD left very happy, but that's staffs ideas on those and this has been talked about. I think this is probably the first time it's been written down for ACHD to see and then regarding the maintenance, if we agreed to the plan, the Parks Director has said he would be happy to send someone out there to maintain and all he asks is that City Council remember that during budget time and that's the discussions we have had now, so it's just to date that would be it. It does represent the more of these that we take on for maintenance; it does represent an obligation by the city or by the Parks Department on behalf of the city to maintain these. I think ACHD indicated that they don't anticipate a lot of I think it was just one more regional facility such as the one that is going in at Locust Grove and Franklin. The smaller ones would probably be just within the subdivisions and maintained by those homeowners. Bird: Council any questions for Anna? Rountree: Mr. President I have a couple. Bird: Mr. Rountree. Rountree: Just to get a sense of fairness here. When the City of Meridian develops a parcel, say one of our Parks doing up paying impact fee? Canning: You mean to ACHD? Rountree: Yes. Canning: The Parks Director is indicating that we do. Rountree: That confirms what I thought. I know of only one entity in the State of Idaho that is exempt with complying with zoning and/or ordinances of local entity and it's not ACHD, so I guess if they are developing these facilities in the City of Meridian, they are not exempt from our landscape requirements, nor am I of the opinion they are exempt from maintaining and operating those facilities. Particularly in light of Meridian having (inaudible) other half of the fairness pay impact fees when we are developing our own property another governmental Meridian City Pre-Council Meeting November 9, 2004 Page 14 of21 entity in this particular area, So, the comments I have seen from ACHD in writing that why are we paying the - why isn't the City of Meridian overjoyed to take these things on? I think they need to take a look at themselves and I guess that's my opinion on this particular matter. I don't see any room for negotiation at this point. I think that jf they need drainage facilities, that's part of the road - their roads have to meet their standards and I think they also have to meet the community standards and as such they need to bear those costs. We are having to meet their standards with our facilities. We are having to pay impact fees as well. So, I guess when you balance it all, I think - I mean I understand their budgetary plate, but Meridian's not overrun with buckets of money either. I agree maybe we ought to sit down and talk about it, but when we got a level playing field then I am going to be more willing to listen to it. Having said that - Bird: I couldn't have said it better, Charlie. I agree word for word and I think it is time that we do sit down and they are going to charge us impact fees - I don't know why we jump so fast to take on the maintenance stuff. You know good and well that some of these means hiring new people, having other equipment. We pay our share of impact fee to them when we develop a park and I am like Charlie, I think we need - that's something that really needs to be talked out between the two entities. Any other? De Weerd: Mr. President. Bird: Madame Mayor. De Weerd: I guess I appreciate staff trying to find a good middle ground here. The areas that we are talking about are highly visible and they are in entry corridors and they leave a lasting impression, in my opinion and on our city not necessarily it is not signed that this is an ACHD facility that looks really bad. I do understand your concern. I share that myself because come budget time I know what the request will be. So, maybe and we did ask that these two items that we had a chance to discuss it here before -- (Tape turned over) De Weerd: -- in a joint session with ACHD, but perhaps something that Doug can also do in between this time and when we get together in a joint session is come up with what that maintenance would cost. Maybe even find an agreement between the city and ACHD because they are not maintainers of landscaping and I don't think they necessarily need to enter into that business. But, if we can offer it at a reasonable cost that we can also recognize that this is a visual anesthetic that we would like that would be an amenity to our community, I think itls something that we can also come back with to them with. Rountree: Mr. President. ,."" I. Meridian City Pre-Council Meeting November 9, 2004 Page 15 of 21 Bird: Mr. Rountree. Rountree: You know I think if we are asking more in lines of amenities than we have a responsibility to look at taking on what ACHD would not normally take on and in terms of long-term maintenance I haven't seen a willingness, but I would hope there is a willingness that we could work out maintenance arrangements, but on a lump sum basis, not on a it's on (inaudible) a dying kind of a basis and I think that way our tax payers are getting a fair deal spread around. Wardle: Mr. President. Bird: Mr. Wardle. Wardle: I would agree with Councilman Rountree's earlier statements as well as his last statements in the fact that right now regardless of the cost to maintain these facilities, I am not willing to step out and say let's do it regardless of whatever the cost is. For me it's more of a taxation issue for the citizens and I agree that we make everyone else in the community follow standards and the Highway District makes us follow their standards when we develop our property, so I am not sure that we should jump out and take this on without further review. Rountree: Mr. President. Bird: Mr. Rountree. Rountree: I have a question for Doug. Are other cities - or Gary or whatever, are other cities in ACHD's area of influence being asked or being required to maintain drainage facilities. Strong: Mr. President, Councilman Rountree I am not sure of that, but I do know that the City of Boise maintains landscape quarters along the connector and areas like that and you will see their parked trucks (inaudible) maintain - so some kind of an agreement in place with the City of Boise to maintain those areas. As a point of clarification I thought this is a very good discussion because what's in front of us is we received an agreement from ACHD that for our review and the decision to sign it to maintain these drainage areas, there is no signature on an agreement yet, so this very timely discussion and I think it's a decision that both the city and ACHD wants to make so we know how to go forward. Both sides of the discussion has been presented very well and there is benefits both ways. The impact of the maintenance would fall upon our department, so we look at it as something that we can do, but it would probably impact operating dollars, at least minimally; with a seasonal worker or someone that would have to go out and maintain the area on occasion. Bird: Thank you. Mayor, you will see before we meet with them that we will have some kind of an idea from the Park's Department on cost? ( Meridian City Pre-Council Meeting November 9, 2004 Page 16 of 21 De Weerd: Yes, Mr. President. Doug, if you could pull together some estimates of what it would cost staff time, so when we have this discussion with the Commission, we have those numbers in front of us. And, if maybe during staff presentation of this, if you can tell us if you have similar agreements, Gary, with other municipalities similar to that we would appreciate that information as well. Okay? Bird: Thank you. Okay, any others on this? Mr. Clerk? Berg: Mr. President just to remind you that meeting is one week from tonight. It will start at 5:30 here at our Council Chambers. Bird: Thank you Mr. Clerk. Item 6. Discussion of EMS District: De Weerd: Mr. President I guess - Kenny did you want to introduce this? Do you want me to just go ahead and introduce Don? Bowers: That would be fine. De Weerd: Mr. President Don Alloway is with us tonight he is the chair of the blue ribbon EMS task force that the commission had put together and he and Kenny and I met last week to discuss the petition that is out there regarding EMS District that I think we briefly discussed prior to this meeting and I appreciated many of the comments that Mr. Alloway had shared with us and some of his concerns in the 12 recommendations that the task force brought and just wanted to provide a little bit more information about the dissolving of the district and recreating it and some of those items. How did I do Don? Alloway: Thank you Madame Mayor, Mr. President, Council members. My name is Don Alloway and I did serve as the chair to the Ada County Blue Ribbon Task Force on emergency medical services. There were ten of us that served some seven months and attended 54 hours of meetings, took public testimony for eight hours. My personal library is over 2,000 pages of testimony and materials and throughout this period of time, our initial charge was to review the provision for emergency medical services in Ada County and the only guidelines that we had was that we were not invited to bring forth any recommendation that would create a system that would give (inaudible) service to the citizens of Ada County and the second charge was that we were not to bring forth any recommendations that would create a system that would put the service providers in more harm than they already were in and these are fair sideboards to put on a task force. As a result of hours of studying consideration we came up with 17 recommendations and presented them to the County Commissioners on May 27,2004. In the final report that looked like this, one of those recommendations the task force was Meridian City Pre-Council Meeting November 9, 2004 Page 17 of21 divided equally on and that was whether to mandate disclosure of response times in connection with real estate sells, so that property buyers would know what the response times were in the area they were looking to buy and that has been set aside as probably it's appropriate to on the task force splits. One of the recommendations was that we consider an area wide single agency to handle emergency medical services. That's a long term goal that I still support because I think it's more efficient if it's done right, but it includes consolidating municipalities and county governments and I am not sure that I am young enough to see that come to fruition. The other 15 recommendations take the existing Ada County Emergency Medical Services division of Ada County and make recommendation for changes that make it more efficient through better utilization of resources and more intelligent dispatching of those resources to scenes and also to look into ways to finance it. As I am sure many of you know there was a Medicare change in the middle of 2002 that had the effect of taking about $1,400,000 in revenues away from the Ada County Ambulance District and that shortfall is not to be made up through efficiencies or getting rid of waste. Everybody on the task force came to the same conclusion that we need to increase our taxes in order to be able to fund an ambulance service and there has never been any question in my mind and hopefully not in yours that Ada County needs an ambulance service for all of us. We looked at one legislative option, which would have been to allow an ambulance district to go to the public to get a super majority vote to be able to bypass the three percent budget cap that I am sure you all are very aware of and for two years running we went Ada County and the Idaho Association Counties went to the legislature, yet the bill didn't even get printed this January. So, the only option left that could make a short fall is to dissolve the existing ambulance taxing district and create a new taxing district, which then allows the County Commissioners to set a levee of up to four tenths of one mil for the provision of ambulance services in Ada County. So that end yesterday, maybe some of you saw it on the news yesterday, I presented to the County Auditor a petition or a series of petitions signed by just under 200 registered voters and property owners in Ada County requesting that the County Commission hold a hearing on that and they have tentatively set December ih for that hearing. Now, I met with Chief Bowers and Mayor De Weerd to talk a little bit about this issue and try to enlist or support. At the time that the task force was disbanded in May, we had the concurents of the Ada County Fire Chiefs and I believe and I believe Chief Bowers was among those that supported our recommendations and I believe he still does. I also believe that the majority of the fire chiefs at this point and time don't back the disbanding of the taxing district and creating a new one charging more taxes and there are a couple of reasons for that and frankly, I can't say that I disrespect the man for taking that stance. There are some things that have happened since then that would call to a reasonable person's mind a question as to whether the Ada County EMS Management is serious about heeding all of the recommendations of the task force and along those lines, I wondered should I petition the Commission? After asking myself that question every time I had to come back to the answer we'll need additional money to have an ambulance service and we Meridian City Pre-Council Meeting November 9, 2004 Page 18 of21 need an ambulance service, so the petition is a correct thing to do and I urge you to show up at the hearing on December ih and support it. What I am also going to do at that hearing is urge that the County Commission do something other than they have indicated they are thinking of doing. They talked to the media yesterday in connection with the petition that I presented and indicated that they might have to raise taxes to the full .4 mil levee. Right now the levee is at .1227 mils, which in round dollars gives tax revenues for ambulance service of about 2 % million dollars. If we set a levee at .2 mils in round numbers that will give us $4 million or a $1.5 million more than we have, I think that is more than adequate to do what we need. If we set it at 4 mils that gives revenues $8 million. $5.5 million more than they currently have to offset a short fall of a $1.4 million and to do whatever else they wish to do and one of the problems that personally I saw and this is my personal opinion, I believe there is a lot of competition between firefighters and paramedics over the provision of medical services. I think there is territories that are being staked out and are trying to be protective and at the time that we produced our final report, each of the task force members had the opportunity to add comments to the 17 recommendations, Many of us did. If anybody had a comment, it got attached verbatim to the report and they are all in the report and it was my comment that I believe that Ada County EMS had a minimum of $600,000 in waste in their existing budget. Since that time, Ada County EMS has brought forth an emergency medical services coverage enhancement plan that was disclosed to the Mayor's at a meeting with the Mayor's and the County Commissioners last month that I attended and briefed them on the EMS and that particular enhancement program creates five additional ambulances with single paramedic. The program says that they are transport capable ambulances. The program doesn't indicate that they have been given orders not to transport and that they are simply another unit responding. That program costs about $1.25 million in salaries alone every year and doesn't transport one more patient to the hospital. I plan to go to the public hearing on December 7th and I plan to encourage the Commission to dissolve the ambulance taxing district and to create a new one and to create it with a level that is adequate for the funding of the ambulance district and I personally believe that that level is around .2 mils and I also plan to encourage the County Commissioners to fully implement all 15 of those recommendations. One of the big cost savings recommendations that we made was to utilize our existing resources in the community. The biggest of those resources are our firefighters and the fire halls and equipment and your chief as did every other chief in Ada County offered their facilities for use by Ada County EMS, sometimes without cost, sometimes with minimal cost and so far a lot of that has been rejected. A good example, Kuna Fire Department operates an ambulance. They are not allowed to transport patients without an Ada County paramedic. Ada County has a full time, 24~hour paramedic and a chase car, a Chevy Suburban that follows the ambulance down the road. If the patient needs transporting the paramedic rides in the ambulance and the firemen, if they only need one technician in the back of the ambulance the firemen drives the chase car back. The cost of that to Ada County EMS is about a quarter of a million dollars per year. They have four Meridian City Pre-Council Meeting November 9, 2004 Page 19 of 21 employees that they have to hire to staff it 24 hours a day, plus benefits, plus the cost of the Chevy Suburban and operating it to with no purpose other than to follow the ambulance. I talked to the chief of Kuna Fire Protection District and he said that they would be more than happy to train paramedics and place them in their ambulance if they could get 90 percent of the tax revenues that come from their district to help support them, something between $70,000 and $90,000. So, instead of spending a quarter of a million dollars that they could spend $70,000 or $90,000 by sharing their revenues and allowing the Fire Department to participate. This is an example of the type of utilization of resources that we need to do and I am hear today to enlist your help in showing up at the public hearing on December ih and acting publicly and privately to our County Commission, urging them to go ahead and adopt an ambulance taxing district with an appropriate levee, but make it appropriate and not the maximum and conditioning that with their adhering to the recommendations of the task force, all of which I believe have real value to the emergency medical care of all of the citizens of Ada County including those of Meridian. I would be happy to answer any questions that anyone might have. Bird: Council, Mayor any questions? De Weerd: Mr. President. Bird: Madame Mayor. De Weerd: In discussing with Mr. Alloway, I guess I did not realize that our co- location of an ambulance would be a non-transport situation and rather than find creative ways to improve the situation it does get a paramedic onto the scene, but it still is a terrible duplication of service to our tax payer in that we now send one fire truck and two ambulances to the same scene and still would take one of our firefighters out of service to help with that. So, I do know we will need to talk further before we enter into the agreement on the co-location so we all understand what service we will be providing our citizens and making sure that we are improving it and leveraging our tax payer dollar rather than multiplying it. Bird: Madame Mayor I agree with you and we meant with them over at the fire stationj nothing was said that that wasn't going to be a transport ambulance and you not only tie up one fireman, you tie up the whole crew because they go in to picking u~ - have to go pick the fireman up. So, I hope everybody can make it out the 7 h and listen. I was fortunate enough to sit on two or three of the task force meetings and they did a great job and got to go over the results and they - out of consideration a lot of work went into that and there is a lot of good ideas that need to be implemented. Alloway: Mr. President, Madame Mayor if I could respond to that, too. To simply get a paramedic on the scene faster, you could train your firefighters for probably $45,000 a year in additional salary to get the paramedic there earlier there than i. Meridian City Pre-Council Meeting November 9, 2004 Page 20 of 21 the ambulance could come. It costs a quarter of a million dollars to staff a single paramedic ambulance, plus the cost of the equipment and state law prohibits transport of patients without a paramedic or an EMT in the back with the patient. So, a single person ambulance could not by statute be a transport vehicle. So, there are ways to do it. Having said that, I would certainly hope the Fire Department is not forced or does not take the stand to act independently. At several of our recommendations are recommended and integrated system where we utilize all of our resources, but operate under a unified medical directorship and with unified or common standing orders in single training program because the doctors emergency rooms stressed that if they knew exactly what's going to happen to the patient before the patient gets to the emergency room, they could be better prepared to save lives. Rountree: Mr. President. Bird: Mr. Rountree. Rountree: I just wanted to express my appreciation for all the work you and your Blue Ribbon Committee did. With what I have read and what you have presented tonight you are asking the right questions and bringing forth the right recommendations and I know how tough it is to sit through that many hours of meetings and that many hours of hearings and then have to digest it all and come up with some reason, but great job and I hope as you have directed us that Ada County Commissioners can review that information and come to a reasoned decision before they impose a 30 percent increase in taxes to the tax payers without particular good direction at this point from at least what I have heard from the media. De Weerd: Mr. President. Bird: Madame Mayor. De Weerd: I guess what I would like to do is perhaps work with out attorney and draft a letter of response from our city regarding the proposal and the petition in particular and voice some of that in writing prior to the hearing and would certainly appreciate any of the Council members that could join me at that hearing to provide testimony. That's not on a Council day is it? Donnell: It is. De Weerd: Well, I guess our letter would have to suffice it as well as our staff there. Bird: Oh, no. That's the one we are not going to have. ( Meridian City Pre~Council Meeting November 9, 2004 Page 21 of 21 De Weerd: Oh, that's right. Well, I won't be there. I would appreciate if any of you could attend then. We will work on drafting a letter for all of the signatures of our elected officials. Bird: Thank you. Any more Council? If not, I would entertain a motion to adjourn 8S our agenda is finished. Donnell: So moved. Rountree: Second. Bird: It's been moved and seconded to adjourn. All in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 7:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ! ( 12---'3 I tl4-" November 5, 2004 MERIDIAN CITY COUNCil MEETING APPLICANT November 9,2004 ITEM NO. 3 REQUEST Discussion of TVTV Treasure Valley Public Access Television AGENCY COMMENTS CITY CLERK: See altached 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 DE?T: 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: ~~ Contacted: Emailed: Date: Staff Initials: Phone: MaterIals presented at public: meetings shall become property of the City of Meridian. Treasure valleD PubliC Access leleuiSion RECEL {ED NOV - 9 2004 6225 W. Overland Rd. Boise,ID 83709 ph. 208.343.1100 fax 208.323.8447 www.tvpatv.org tvpatv@cableone.net on! You r City of Meridian Cit~ Clerk Office Community Gonnecti PUBLIC ACCESS SERVICES FOR CITY OF MERIDIAN What will the City of Meridian receive and what are the costs? . TAPING AND AIRING OF CITY OF MERIDIAN COUNCIL MEETINGS For 3% of City of Meridian's Franchise Fees from Cable One, approximately $5,000, TVTV will: l> Videotape weekly City Council meetings with professional, one camera shoot l> Air Meridian City Council meetings every Thursday night at 7 pm on Channel II l> Provide City of Meridian with a VHS video of each meeting for their permanent records COVERAGE CAN BEGIN JANUARY 1, 2005 . ESTIMATED COST OF REMOTE VAN: $86,000 (see list of remote vall equipment below) Start up fee of $65,000 from Cable One will purchase the remote van for city council coverage. $.30 per subscriber from Cable One, totaling $21,000, for the first year will cover equipment upgrades to the remote van which will enable TVTV to cover Meridian High School football games. This subscriber fee will be used for ongoing capital funding in subsequent years. 10% of the City of Meridian's franchise agreement annually from Cable One, will compensate halftime TVTV employee to be in charge of videotaping city government, high school and community events for the City of Meridian as follows. CITY GOVERNMENT COVERAGE: l> Weekly Meridian City Council meetings l> Mayor's Address to the City l> Candidate Debates l> Unlimited Public Service Announcements l> COVERAGE FOR MERIDIAN, CENTENNIAL, EAGLE AND MOUNTAIN VIEW HIGH SCHOOLS: l> "Game of the Week" - One Meridian School District high school home football game aired each week l> Commencement Ceremonies l> PLUS COVERAGE OF SIX COMMUNITY EVENTS ANNUALLY with additional events negotiable Treasure ValleD Public Access TeleuiSion Your Community THESE SERVICES COULD BEGIN OCTOBER 1, 200S .. 2 each - Camera with Studio Configuration .. 2 each - Camera with Handheld Configuration .. 1 each - Switcher .. 1 each - Audio Mixer .. 8 each - Video Monitors .. 1 each - Replay System (one camera angle only) .. 1 each - Commentator System .. 1 each - Master Record VTR .. I each - Used Van .. 1 each - Generator .. I each - Ale Power Transformer/Distribution .. 2 each - Misc. Cabling .. 3 each - TBC for misc. Inputs 6225 W. Overland Rd. Boise,ID 83709 ph. 208.343.1100 fax 208.323.8447 www.tvpatv.org tvpatv@cableone.net Connection! Your Community 6225 W. Overland Rd. Boise, ID 83709 ph. 208.343,1100 fax 208.323,8447 W\.\iW. tvpatv.org tvpatv@cableone.net Connection! Treasure ua11811 PubliC AeceSI JeleulSloD Honorable Mayor Tammy DeWeerd City Council Members City of Meridian .33 E. Idaho Ave. Meridian, ID. 83642 October 13,2004 Dear Mayor & Council Members . Thank you for your interest in Treasure Valley Public Access Television. We consider TVTV to similar to public libraries, museums and parks. These are services available to all city residents for little or no cost. Under contract with TVTV the City of Meridian will receive coverage of all local events including: · City Council meetings · Mayor's address to the City, candidate debates and other political or public affair events · High school football games and commencement ceremonies · Local arts, cultural, educational and religious events " Public service announcements TVTV will serve as an information source for citizens about City of Meridian meetings, programs and services and train City residents in media literacy and television production By contracting with TVTV, the City of Meridian will fulfill a federally-endorsed mandate to provide Public, Educational and Government programming (PEG) to Treasure Valley residents. We appreciate the opportunity to serve the City of Meridian as YOUR public access television station. Sincerely, ~J TREA.SURE VALLIY PU.LI~ ACCESS nUVISlolM TIftV 5,.",..oN foII"NAdR Terry Chrlstenot .0_ Oil DIIUC'I'OIlJI Gayle Dyer- Board ChaIr Dave walsh. Board Vice-Chair Susan Emerson . Board Past Chafr Dr. Peter Lutze Doug oppenheimer Kristina peterson Heather Rae Freddv Rosario Sherrl Rudal Judy McConnell steele cIndy Rosen Ben Sl1etlcl TREASURE VAllEY PIJBLlt: ACCESS TV 6225 OVEluANb ROAD BOISE, 10 83706 pJ","O 208 343 1100 F,,% 208343 1100 www.lvp"I....cfg 1V1VCoI:I"",,1< on CabloOt>ohl:. ",bI. 'Y'''''' "rd.,,, Iroh<l>lo "11""",,,,1 wilb Jf,. B.;,o CiIy C<>J,d MERIDIAN CI'I'Y COUNCIL COVERAGE PRDPOSAL PROPOSED SHORT TERM GOAL: BEGINNING JAN.I, 2005 - TVTV TAPES & BROADCASTS CITY OF MERIDIAN COUNCIL MEETINGS Budget Required: 3% of City of Meridian's Franchise Fees from Cable One, approximately $5,000. · videotape each City Council meeting to provide quality coverage. · broadcast bi-weekly Thursdays at 7 pm · provide a VHS video to City of Meridian oftheir"Council meetings as a permanent record. PROPOSED LONG TERM GOAL: BY OCT. 1,2005 -TVTV SERVES AS MERIDIAN'S PUBLIC ACCESS TELEVISION STATION PROVIDING LIVE COVERAGE OF CITY COUNCIL / P&Z MEETINGS AND TAPED COVERAGE OF OTHER LOCAL EVENTS; Budget Required: $65,000 start up funding from CableOne; 30 cents per Meridian CableOne subscriber to provide ongoing capital funding; 10% of City of Meridian Franchise Fees to provide operational funds, TREASURE VALLEY . PUBLIC ACCESS TILlVISION TV"rV IlITATION M_Aa.R Terry Christenot ..0_ UP DIR.~ Gayle Oyer- Board Chair Dave WalSh - Board vlce.Chalr Susan Emerson. Board Past Chair Dr. Peter:ll.ltze Doug Oppenheimer Kristina Peterson Heather Rae FreddV ROSarrO Sherrl RUdai Judy McConnell Steele cindy Rosen Ben Shedd rRIA.SUIIE VALLEY FiIlBLlC ACCESS TV 6225 OVERLAND ROAD BOISE, 10 83706 ~h",,~ 208 31\.3 1100 Fox 208 343 11 DO www.lVl.l;Itv.org TVlVc~""CobloOno be. ccblo .y>1om""dor" ~d..hi.. og...nwnlwilh ~'" Soi.. Ciyc.."".~ MElRIDIAN CITY COUNCIL COVERAall PROPOSAL In preparation for live coverage, TVTV urges the Meridian City Council to: Approach CableOne for: · Immediate start up funding in the amount of$65.000 to allow TVTV to purchase a remote two catnem switcher & used van to provide professional coverage of weekly meetings. · A second cable cast channel for City of MeridIan . · Thirty cents per Meridian CableOne subscriber to provide ongoing capital funding for the project. This could be effect~ve:within 90 days. Budget into FY 2006j 10% of then- Franchise Fees to provide operational funds for Public Access Television to employ pennanent stafffor coverage of City Council & P&Z meetings. Determine where the closest fiber optic lines are to Meridian City Hall and the cost to extend them to City Hall. (In order to go live, Meridian City Hall must be wired with fiber optics). TVTV - YOUR PUBLIC ACCESS TELEVISION STA TJON · Non-profit, non-commercial television station operating 24f1 on CableOne Channel 11. · Serves over 65,000 households in the greater Treasure Valley area. .. Uve broadcasts weekly Boise City Council meetings and other City events. .. Films and broadcasts wide variety of community events - political, cultural, religious, sports. · Airs thousands of hours of programs created by Treasure Valley producers and non-profits. Promotes dozens of public service announcements daily on free Community Bulletin Board .. Trained over 600 local producers and non-profits, including 30 meridian citizens, in studio/fierd production and editing. TVTV - THE PROGRAMMING YOU WANT Political: Boise City Council Meetings LIVE, Nuestra Voz, election debates, Werk's World, Democratic Caucus, ADA County Sheriff's Candidates, Java With Janet Miller, Democracy Now, Women and the Vote, Senator Crapo, Larry Craig wI The Commission On the Aging, Women of Color Alliance, Idaho Peace Coalition & Snake River Alliance Cultural: Cinco de Mayo, Irish Heritage, Bosnia and Philippine groups, Mid-eastern Belly Dancers Religious: Victoria's Faith, Outside Prison Walls, Free Again, OOPS, Worldwide Women of Peace, the Atheist Viewpoint, Baha'i Hours Life to Life, Center for Spiritual Living & Praise Inc. Sporls: Baseball Skills, American Legion 6asebafl, High School Football & TVeC College Baskettball TVTV - WORKING HARD FOR YOU Partnering with Governor Kempthorne and the Idaho Commission on the Arts to create documentary on 17 award winning Idaho artists including Cherie Buckner-Webb. Paul Revere and Bruce WiUis.,. Presenting four documentaries at the Flicks with first showing of Fahrenheit 911 bringing in a packed housE;3'...Welcomed Apprentice finalist Troy McClain to TVTV studio for filming of special project for Donald Trump...Sponsored Youth Camp featuring guest instructor Ben Shedd, co-creator ofthe Nova Series and Academy Award Winning film maker... Received Fund for Idaho Grant to train New Americans in video production... Awarded Commission on the Arts Grant to train teens to produce video ari through mentorships with Boise artists...Paltnered with Catholic Charities to train Marsing High School students and at-risk Hispanic youth from Caldwell High School... Showcased Treasure Valley's growing film producer community through involvement with the True West Film Festival, Boise State University Film Festival and Dead 8 Film Festival. I g g I ! :! .19 :!2 I ~ 'i t j :g ~ X III :@ ..J -J RI c: j u.. ::J ~ ~ b C) ~ ! 1 ~Q 0 (j c: ~ II) I i ~ II I III J ! ~ ~ '5 u. 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LL -i::f c o 0- m E CIJ 6 ':::I o o u 11) i5 .ri o to E CD 1:1 o :a;; '- .e s: CD 0l- e ;:l 'I:: ~ Ql "0 c: => o o ~ WOMEN OF COLOR ALLIANCE AS mlJ 11m bums in our bellies. so dott$ tire pa.serJon for polltlC81 and S()(;JaljustJre. October 13,2004 . To Whom It May Concern, Letter of Reference for Boise Public Access TV~TV I would like to take this time to express my support for Boise Public Access TV-TV. I am the Executive Director of the Women of Color Alliance (WOCA); an organization dedicated to the empowennent and advancement of Native, Immigrant, and Migrant, Latina and African American women in the state of Idaho. Our organization like so many non-profits, do not have the access to "big money" to get our issues and events out there by local TV, radio or major newspapers, all this is quite costly and we are unable to pay their high fee's. So we are dependent on Public Access TVTV to get our message . about who we are and what we are doi.ng in the state of Idaho. In the past year, WOCA has taken the opportunity offered by TVTV to do a show called, "WOCA Speaks" our show profiles women of color in and around the state of ldaho to express their concerns on issues that relate to local politics, to women sharing their . achievements and struggles. This show has been able to build a wide network for women in our organization and women who are interested in knowing more about the other women who may live their communities. Due to the vast distances women must travel and often live in complete isolation, our TV program, "WOCA Speaks') gives women the . ability to hear what other women are doing in Idaho. We could not have done this without the help and support of TV TV and their staff. Always professional and kind in assisting us with questions and ideas, TVTV has given a new voice to women in Idaho. Without TVTV, there would be a "silent voice" of the good and hard working organizations and individuals, who would not other wise have the ability to discuss important issues within our communities, TV TV is giving us that connection. If you have any questions, please feel to contact me at 208-344-4914 or by email at Sonya@wocaonline,org Thank you, Sonya Rosario PO Box 603 * Meridian, ill 83680 -}( Ph# 208-344-4914 * www.wocaonline.org DIRK KEMPmORNE Gov.eImOJr Mmk Hofflund Ow/!. lAurel HaU VaCw& Dan Hmpo!e E'xEct.n'M o,'liC1'Oll. 1;":;HIl..Io~; MArUNG Aooms P.O. Bill! BJ710 .Gelf(, lD 8312Q.OOOB 't; ;~. .-:" DFFlCll ADD~ 24fO OlJ.l'erti~ia.r:I ROlId Boise. ID S.3712 i"-l' !.'" PIfONE 20&J34.2119 r.soo.ART-FUNO FAX 20s.n+l186 lIIWw2.slalLUl..wmts October 12~ 20M To Whom It May Concern: It is my pleasure to offer a letter of support for Tl'el3SLlrC Valley Public Access Televisio~ TVTV~ a much n~ded public forum for citizens and organizations to tell their stories; a genuine grassroots organization. Treasure Valley Public Access Television and it's small but capable staffhas demonstrated an untiring ability to connect the university, the arts, and the community-which directly benefits so many ofns who live and work in Boise. Our assllciation vvitb. this organization began about three years ago. Since that time, the Commission has had the privilege ofworldng On projects with Terry Christenot1 Station Manager; Troy Shreve, the Programming Director and Teclmical Manager; Dr. Peter Lutze, former board chair and BSU professor; and many volunteers and students. TVTV fihned and then broadcast the presentations of keynote speakers from our two statewide ArtMatters! conferences in 2001 and 2003. Our most recent. collaborative project was for the creation of a videotape featuring recipients of the Governors Arts Awards. These vignettes demonstrated a high degree of professionalism from interviewer to film crew to editing and they will be expanded into a longer film documentary that will be aired on Idaho Public Television. It was a pleasure working with TVTV on the recent governor's arts award film project. Everyone displayed a remarkable commitment to the project and in addition were enthusiastic and professional. Treasure Valley Public Access Television is, and will continue to be~ an asset to the city of Boise and the surrounding community; as well as to the arts in Idaho. Peter Lutze said it well when he wrote "One of the reasons I have been so excited about public access is 1hat it is a practical instrument for the making of community through partnerships of non-profits, govermnent entities, and individual citizens." r couldn't agree more and they have my whole- hearted support. Respectfully, [L~ Dan Harpole, Executive Director . .,..... .~ ~ _ _. }.~:k,( ~Q) E Q) 0;11' -:5 tJ) 5t~ ~~ I'''~~~~''~ III as oi 'lfj (/l.tll to c_~ ,1)' ';;'.~-~ ~l~~ "WlJl ~ :e gl .~ e ill (l) ~EC C:1a ~~~i ~'i 0- ~~ lim ,ee 0(/)(1$":" 0(; ctD ::I :3 ~Q)C\!! ~i gl !:OlF ill 0.0 :gF .$a"'" 0 0- -c- 1a~~ as! ... ~-== I/l \!! . ~ ~.e f:~c ':;) ~([) III 9~~~~ \l~ . te 0 g.~ ~ 'O::p,,"%fIIO 8:a t ~e~ ;:1wg 0:1"0 .~ ~ 3"U101-eOE::) Q ~ 'f: ... 0 .!Ile~~~e:ti ~ - a <<litO gE \!l~(D-o ::l'O~ 15801 ~ ~Q)s:!~"'o ~ i ... "0 e ~:o."",o O.c.c o..Co ~ .' ~.g ,!:t .~ l~ \\1l~ __to C') .r;!! 0 &:. 3 o ~-t:: Q.. .. Q 0.. 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November 5, 2004 MERIDIAN CITY COUNCIL MEETING November 9,2004 APPLICANT ITEM NO, 4 REQUEST Discussion of North Meridian Area Plan 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: 'SoJ~ cJ;t Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meefings shall become property of the City of Meridian, November 5, 2004 MERIDIAN CITY COUNCil MEETING November 9, 2004 APPLICANT ITEM NO. 5 REQUEST Discussion of Storm Water Drainage Ponds 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: y;Y lli5 ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ~ ~ ~ ~ ,~ ~ '\:::) OJ c: ~ o r:::: :::l ..... 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Y\~ ~ ~ ~'"" "- ,\Jo\) '.~-..:. ~ ~ ~., ~ "\'~ I\) ~ \:5 .......... i\. ~~~ ~ --...) .......z '..; "'"~ N ~ " ~ ~ ~ ~ Q; \;) \.\ '\0 November 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Discussion of EMS District November 9, 2004 ITEM NO. 6 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: . J.fv}/ rJ;t 1 tJfft? Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridIan. MERIDIAN CITY COUNCIL MEETING Npyo?...,.,....6e--t- &~ IN/rrn-< (f 1'/ 20&74- ITEM NO. 6-~ APPLICANT REQUEST 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 COMP ANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CIty of MerIdian. JOANN C. BU1'I..ER M. GRE:C:;;ORY EMBREY LA.UREN MAIERS REYNOLDSoN MICHAEl.. T. SPINK (208) :388-1093 J B UTI.. E R@SB-A.TTORNE:YS.COM VIA FACSIMILE and Us. Mail November 8, 2004 RECEIVED NOV n 9 1814 MAYORS OFFICE C!'.ry OJ? MERIDIAN Mayor Tammy de Weerd City Council City of Meridian _ 33 E. Idaho Avenue Meridian, Idaho 83642 Re: Leeshire Subdivision, AZ 04-017, PP 04-024, C.UP 04-;026 Dear Masot de Weerd: This letter constitutes a request for reconsideratiolJ.!c1arification of the verbal c;lecision made by the Meridian City Council on September 7, 2004, and tIle written decision made on October 12, 2004, with respect to the matter teferen?ed above. . Through. discussions with tQe City's atto~ey, it has ~~c()me clear that our request for r~consideration (r:nade on Sept~rpber 28, 2004) was , premat,rre because the final decision had yet to be rtI,ade. It is very likely that all parties would benefit from a clear statem~nt of the "decisionJrom the City Council. Because the decision of the ColJilcil was not tQoroughly disCJlssed, the basis for denial of the application is unClear. Accqrding to Idaho Code 1$7-6519: ' - . .. . 4.. Whenever a governing ho~d. or zoning Of planning ~nd zornng commission grants or denies a perinit, .it shall specify: - . (a) The onijnaitce an4 standards us~d in evaluating the application; (b) The teas'olls for approval or dem?l; and . (c) The aqtions, if any that the applicant could tak;e to obtain a permit. 251 E. FRONT STRE;:~ 5urre;200 RO. BoX 639 BOISE, IDAHO 83701 208-388-1000 208-38a~1001 (F) .WWW.S8-ATTORNEYS.COM November 8, 2004 Page 2 In the Council's public hearing for Leeshire Subdivision many issues were discussed, however, the statutory direction above does not appear to have been met. The developer is seeking direction on design element modifications in order to obtain project approval. Respectfully, we ask the Council to reconsider its decision and: (1) approve Leeshire Subdivision; (2) tell the applicant what actions can be done to obtain approval; or (3) remand this matter to the Plamring & Zoning Commission for further consideration. The last action may be the most appropriate. The Planning & Zoning Commission did advise us at the Commission hearing that if the City Council denied the application the matter would be remanded to the Commission. > Very truly yours, ~J\~~c.CLlr JoAnn C. Butler JCB/gs cc: Barry Teppola oW'U'o;J....-r.........,.-.J'-',.} ~NYDER AND ASSOC ( PAGE el/02 WJLLlAM R. SNYDER &. ASSOCIATES, P.A. ATTORNEYS AND COUNSEI.ORS KP.ISTlN IS BJORKMAN MARK D, PEflISON' WILLIAM R. SNYDER 520 WEST FRANKUN STREET. UPPER LE:VEL BOISE. IDAHO 88702 (208) 336.9080 . TaGPHONE (208) 3<13-45G9 . FACS\W~~ MAJUNC ....ODRESS FOsr OFFICI:' SOX ~23B BOISE, IOAliO 83101.2.33a . Admll{"d II1ldsho S11d Cslrorl1ia W.w.t.WI'll19.QS1.COtl'1 November 9, 2004 R..~. 'C' r~~ If , i""'", '\':1 . ~. ~UJ \l:! NOY - 9 2004 City of Meddian City Clerk om~e VIA FACSIMILE (208) 888-4218 City Clerk City of Meridian 33 East Idaho Ave. Meridian, ID 83642 Re: PP 04-021 (Preliminary Plat Application-Folio. Inc.) CUP 04-023 (Conditional Use Permit Application-Folio. Inc.) Dear City Clerl~ Our office represents Folio, Inc., the applicant in the above-referenced applications. Folio VIlill be filing a petition for judicial review today of the denial of those a.pplications. Pursuant to IRe.p. 84(t), Folio is required to pay the estimated costs for preparation of the transcripts for the hearings on September 7, 2004, and September 21 , 2004, as well as the costs of preparation of the record. Folio "Will pay the estimated amounts for these items when that estimated amount is provided to our office and/or will pay the actual costs of preparation of these items when they are completed. Please prepare the estimates and forward them to my attention and I will see that they are paid vnthin 10 days of receipt. Also, our file indicates that the interested parties in this matter are the City of Meridian and my client, Folio, Inc. If the City believes that there are other parties to this matter, and has contact information for such parties, please provide that information so that these parties may be served. We do not currently have any contact infonnation for any other such party and therefore cannot serve the petition on them at this time. ~l,..'U"-''''..J-1',-,,'';);J ~NYDER AND ASSOC { PAGE 62/132 City Clerk City of Meridian November 9J 2004 Page 2 of2 I look forward to hearing from you. MDP/ cc: Folio, Inc. NOV 09 '04 15:27 Revised 11/9/04 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 9, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: by Chief Kenny Bowers & Asst. Chief Bill Johnson 3. Community Invocation by Craig Flinn, with Meridian Alliance Church: Presented 4. Adoption of the Agenda: Approve 5. Consent Agenda: Approve A. Approve Minutes of October 5, 2004 Pre-Council Meeting: Approve B. Approve Minutes of October 19, 2004 City Council Regular Meeting: Approve C. Findings of Fact and Conclusions of Law for Approval: AZ 04- 026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: Approve D. Findings of Fact and Conclusions of Law for Approval: CUP 04-035 Request for a Conditional Use Permit for a bank with drive up service lanes in a proposed C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: Approve E. Water Main Easement for Water Main Easement: Approve F. Streetlight Agreement for Cedar Springs No.4: Approve Meridian City Council Agenda - November 9, 2004 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 11/9/04 G. Streetlight Agreement for Lochsa Falls No.9: Approve H. Streetlight Agreement for Lochsa Falls No.1 0: Approve I. Streetlight Agreement for Lochsa Falls No. 11: Approve J. Award of Bid for 2004 WWTP Headworks Modifications to The Ewing Co., Inc. for $523,500: Approve K. Resolution No. 04450 : Disposal of Surplus Property - WWTP Equipment: Approve 6. Department Reports: A. City Clerk - Will Berg 1. Request to Change Date for Public Hearing for Kingsbridge Subdivision Annexation and Zoning, Preliminary Plat, and Conditional Use Permit for a Planned Development Applications: Approve Date Change to December 14, 2004 B. Parks Department - Doug Strong 1. Presentation on Adventure Island Playground: Certificate of Appreciation - Doug Strong and Brad Day C. Mayor's Office 1. Mayor's Report: Mayor's You Council - 14 D. City Attorney - Bill Nary 7. (Items Moved from Consent Agenda) 8. Tabled from November 3, 2004: FP 04-063 Request for Final Plat approval for 50 single-family residential building lots and 13 common lots on 15.34 acres in a R-8 zone for Sheridan Place Subdivision by Robert Chavez - east of North Locust Grove Road and north of East McMillan Road: Approve 9. FP 04-065 Request for Final Plat approval of 57 building lots and 6 other lots on 17.29 acres in a R-8 zone for Redfeather Estates Subdivision No.4 by Packard Estates Development, LLC - south of East Ustick Road and east of Eagle Road: Approve Meridian City Council Agenda - November 9, 2004 Page 2 oD All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 11/9/04 10. FP 04-066 Request for Final Plat approval of 27 building lots and 1 other lot on 7.38 acres in a R-8 zone for Redfeather Estates Subdivision No. ~by Packard Estates Development, LLC - south of East Ustick Road and east of Eagle Road: Approve 11. FP 04-067 Request for Final Plat approval of 56 single-family residential and office building lots and 6 common lots on 18.94 acres in R-4, R-8and L-O zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 & 2240 South Meridian Road: Table to November 23, 2004 Meeting 12. FP 04-068 Request for Final Plat approval of 10 commercial building lots on 3.80 acres in an L-O zone for Brockton Subdivision by Confluence Management, LLC - 3665 North Locust Grove Road: Approve 13. MI 04-015 Request for a Miscellaneous application approval to allow a one-time lot division to separate an un-platted parcel into two parcels in an I-L zone for Montaf.1Ue-Sauriol, LLC by Montague-Sauriol, LLC - 1127 East Pine Avenue: Table to November 16, 2004 Meeting 14. Public Hearing: PP 04-032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C-G zone for Central Valley Corporate Park No.6. This is a re-subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park NO.6 by Steve Wensel - 929 South Industry Way: Prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96- unit apartment complex to a 65-unit assisted living retirement facility in an R-40 zone for Devon Park II (Fairview Lakes) by Fairview Lakes, LLC - 824 East Fairview Avenue: Prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: MI 04-014 Request to amend the Development Agreement for Lot 1, Block 3, Parcel B of Resolution Subdivision No.1 by Lombard Conrad Architects - southeast corner of East Overland Road and South Millenium Way: Approve Meridian City Council Agenda ~ November 9, 2004 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clcrk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 11/9/04 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 9, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Bi1f Nary CM,..r!t'iV... ~hn.u.<.... X Charlie Rountree )( Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: hy C!tie!- /LeA B(}(A,I(.t:.r -I ;JrrJ-;Clziel' /3;/1 .,JbAIt5"dh.J 3. Community Invocation by Craig Flinn, with Meridian Alliance Church: tJ rU .e.-n;f-.e IIf....,- 4. Adoption of the Agenda: Al'prQV\e tt...( tL-fr\.(.,n..otc (;{.,. 5. Consent Agenda: ~ prP v..L.. A. Approve Minutes of October 5, 2004 Pre-Council Meeting: wrprv ~ B. Approve Minutes of October 19, 2004 City Council Regular Meeting: ~vv:- C. Findings of Fact and Conclusions of Law for Approval: AZ 04- 026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: apjJrovu:- D. Findings of Fact and Conclusions of Law for Approval: CUP 04-035 Request for a Conditional Use Permit for a bank with drive up service lanes in a proposed C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: 1Vf~~ E. Water Main Easement for Water Main Easement: af;J/"C>V'<.... F. Streetlight Agreement for Cedar Springs No. 4: CifjJ~ V'L G. Streetlight Agreement for Lochsa Falls No. 9: A?fJY-~ tf\C.. H. Streetlight Agreement for Lochsa Falls No. 10: ~V\<...-- Meridian City Council Agenda - November 9, 2004 Page 1 00 All materials presented at public meetings shall become propClty of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hoUl's prior to the public meeting. 11. Revised 11/9/04 I. Streetli~ht A~reement for Lochsa Falls No. 11: .a./fJrDr/'.(...,- J. Award of Bid for 2004 WWTP Headworks Modifications to The Ewing Co., Inc. for $523,500: ~~ K. Resolution No. tJ4- - 4--f"P Disposal of Surplus Property - WWTP Eauipment: a,fJr'i7v.c- 6. Department Reports A. City Clerk - Will Berg 7. 1. Request to Change Date for Public Hearing for Kinasbrid~e Subdivision Annexation and Zoning, Preliminary Plat, and Conditional Use Permit for a Planned Development Applications:..L.. A.. 4- dppriVtL tfCN/< ~~ 7V /Z-IT-P B. Parks Department - Doug Strong 1. Presentation on Adventure Island Playground: ;refeJ '). Cb'v-hh~.L f)~ qjJ~C(~-tttnJ - farad- kJ4:J C. Mayor's Office hPU,J afro":!} ;... 1. Mayor's Report: fJutfftP't-'.f rowf'A cP~c.Zt- - /4- I;:;}, elf-;;~.t.;!j ~jn..-. (Items Moved from Consent Agenaa)- Mfh/~ Tabled from November 3, 2004: FP 04-063 Request for Final Plat approval for 50 single-family residential building lots and 13 common lots on 15.34 acres in a R-8 zone for Sheridan Place Subdivision by Robert Chavez - east of North Locust Grove Road and north of East McMillan Road: /i.ff'Y77WC- FP 04-065 Request for Final Plat approval of 57 building lots and 6 other lots on 17.29 acres in a R-8 zone for Redfeather Estates Subdivision No.4 by Packard Estates Development, LLC - south of East Ustick Road and east of Eagle Road: ~f/oo-L FP 04-066 Request for Final Plat approval of 27 building lots and 1 other lot on 7.38 acres in a R-8 zone for Redfeather Estates Subdivision No. .[.by Packard Estates Development, LLC - south of East Ustick Road and east of Eagle Road: 4r~V"Jl- FP 04-067 Request for Final Plat approval of 56 single-family residential and office building lots and 6 common lots on 18.94 acres in R-4, R-8 and 8. 9. 10. Meridian City Council Agenda - November 9, 2004 Page 2 of3 AU materials presented at public meetings shall become propelty of the City of Melidiall. Anyone desiring accommodation for disabiliti es related to documents and/or hearing please contact thc City Clerk's Office at 8&&-4433 at least 48 hours prior to the public meeting. Revised 11/9/04 L-O zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 & 2240 South Meridian Road: Wace. It? 11--;Z-:!--ti4- 12. FP 04-068 Request for Final Plat approval of 10 commercial building lots on 3.80 acres in an L-O zone for Brockton Subdivision by Confluence Management, LLC - 3665 North Locust Grove Road: ~r.rc- 13. MI 04-015 Request for a Miscellaneous application approval to allow a one-time lot division to separate an un-platted parcel into two parcels in an l-L zone for MontaQue-Sauriol. LLC by Montague-Sauriol, LLC - 1127 East Pine Avenue: frl.;tL fo II-If-f)f 14. Public Hearing: PP 04-032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C-G zone for Central Vallev Corporate Park No.6. This is a re-subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No.6 by Steve Wensel - 929 South Industry Way: fJreftiAt.- .f'/ff e/.I /Ur-a.-IPDVaL. 15. Public Hearing: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96- unit apartment complex to a 65-unit assisted living retirement facility in an R-40 zone for Devon Park II (Fairview Lakes) by Fairview Lakes, LLC - 824 East Fairview Avenue: fJra.ptvLl. -rl-rt d.t Prr a-pprov~ 16. Public Hearing: MI 04-014 Request to amend the Development Agreement for Lot 1, Block 3, Parcel B of Resolution Subdivision No.1 by Lombard Conrad Architects - southeast corner of East Overland Road and South Millenium Way: ~ V~ Meridian City Council Agenda - November 9, 2004 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours priorto the public meeting. November 24, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT November 30, 2004 ITEM NO. 5..8 REQUEST Approve Minutes of November 9. 2004 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. Revised 11/9/04 CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, November 9, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: by Chief Kenny Bowers & Asst. Chief Bill Johnson 3. Community Invocation by Craig Flinn, with Meridian Alliance Church: Presented 4. Adoption of the Agenda: Approve 5. Consent Agenda: Approve A. Approve Minutes of October 5, 2004 Pre~Council Meeting: Approve B. Approve Minutes of October 19, 2004 City Council Regular Meeting: Approve C. Findings of Fact and Conclusions of law for Approval: AZ 04- 026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: Approve D. Findings of Fact and Conclusions of law for Approval: CUP 04-035 Request for a Conditional Use Permit for a bank with drive up service lanes in a proposed C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: Approve E. Water Main Easement for Water Main Easement: Approve F. Streetliqht Aqreement for Cedar Sprinqs No.4: Approve Meridian City Council Agenda- November 9, 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 hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. Revised 11/9/04 G. Streetliaht Aareement for Lochsa Falls No.9: Approve H. Streetliaht Aareement for Lochsa Falls No. 10: Approve I. Streetliaht Agreement for Lochsa Falls No. 11: Approve J. Award of Bid for 2004 WWTP Headworks Modifications to The Ewing Co., Inc. for $523,500: Approve K. Resolution No. 04-450 Disposal of Surplus Propertv - WWTP Equipment: Approve 6. Department Reports: A. City Clerk - Will Berg 1. Request to Change Date for Public Hearing for Kingsbridae Subdivision Annexation and Zoning, Preliminary Plat, and Conditional Use Permit for a Planned Development Applications: Approve Date Change to December 14, 2004 B. Parks Department - Doug Strong 1. Presentation on Adventure Island Playground: Certificate of Appreciation - Doug Strong and Brad Day C. Mayor'S Office 1. Mayor's Report: Mayor's You Council - 14 D. City Attorney - Bill Nary 7. (Items Moved from Consent Agenda) 8. Tabled from November 3, 2004: FP 04-063 Request for Final Plat approval for 50 single-family residential building lots and 13 common lots on 15.34 acres in a R-8 zone for Sheridan Place Subdivision by Robert Chavez - east of North Locust Grove Road and north of East McMillan Road: Approve 9. FP 04-065 Request for Final Plat approval of 57 building lots and 6 other lots on 17.29 acres in a R-8 zone for Redfeather Estates Subdivision No.4 by Packard Estates Development, LLC - south of East Ustick Road and east of Eagle Road: Approve Meridian City Council Agenda - November 9,2004 Page 2 of3 Revised 11/9/04 10. FP 04-066 Request for Final Plat approval of 27 building lots and 1 other lot on 7.38 acres in a R-8 zone for Redfeather Estates Subdivision No. !.,by Packard Estates Development, LLC - south of East Ustick Road and east of Eagle Road: Approve 11. FP 04~067 Request for Final Plat approval of 56 single-family residential and office building lots and 6 common lots on 18.94 acres in R-4, R-8 and L-O zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 & 2240 South Meridian Road: Table to November 23, 2004 Meeting 12. FP 04-068 Request for Final Plat approval of 10 commercial building lots on 3.80 acres in an L-O zone for Brockien Subdivision by Confluence Management, LLC - 3665 North Locust Grove Road: Approve 13. MI 04-015 Request for a Miscellaneous application approval to allow a one-time lot division to separate an un-platted parcel into two parcels in an I-L zone for Montaaue-Sauriol. LLC by Montague-Sauriol, LLC - 1127 East Pine Avenue: Table to November 16, 2004 Meeting 14. Public Hearing: PP 04-032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C-G zone for Central Vallev Corporate Park No.6. This is a re-subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park NO.6 by Steve Wensel - 929 South Industry Way: Prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: CUP 04~037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96- unit apartment complex to a 55-unit assisted living retirement facility in an R-40 zone for Devon Park II (Fairview Lakes) by Fairview Lakes, LLC - 824 East Fairview Avenue: Prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: MI 04~014 Request to amend the Development Agreement for Lot 1, Block 3, Parcel 8 of Resolution Subdivision No.1 by Lombard Conrad Architects - southeast corner of East Overland Road and South Millenium Way: Approve Meridian City Council Agenda - November 9, 2004 Page 3 of3 Meridian City Council Meeting November 9. 2004. The regular meeting of the Meridian City Council was called to order at 7:20 P.M., Tuesday, November 3,2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Shaun Wardle, and Christine Donnell. Others Present: Bill Nary, Will Berg, Anna Canning, Brad Watson, Bill Musser, Kenny Bowers, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Christine Donnell X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and call the City Council regular meeting to order. It is Tuesday, November 9th. It is 20 minutes after 7:00 and I will welcome you all and -- welcome you all here tonight and ask the city clerk to, please, start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Okay. Item 2 I have asked our fire chief and deputy chief to, please, lead us in the pledge of allegiance. Will you all raise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Craig Flinn, with Meridian Alliance Church: De Weerd: Thank you. Okay. Item 3 is our community invocation by Craig Flinn with the Meridian Alliance Church. Please join us in the community invocation or take this moment for a moment of silence. Flinn: God, we acknowledge your presence and you, you are a good, you are great. We know your love endures forever and it's new every morning and great is your faithfulness. God, we thank you for this great city that you have built and you are continuing to build and thank you for this team of leaders before me and citizens behind. God, we are in this city together. We pray for vision to be shared tonight from your heart through the presentations and decisions made, that there be wisdom from heaven to see your ways, there will be unanimity and one mindedness in moving ahead. So, Lord, I pray your blessing, I pray for peace, and pray for your provision for this meeting, in Jesus' name, amen. Meridian City Council November 9, 2004 Page 2 of 39 Item 4: Adoption of the Agenda: De Weerd: If you will allow me, I'd like to present you with one of our new City of Meridian pins and thank you for joining us. Before we get to Item 4, Kenny, I would like it if you could, please, step forward to the microphone. Chief Bower. The city missed an opportunity twice now to recognize our fire chief. Chief Kenny Bowers was appointed fire chief on December 30th, 1983, and he became a full time position on October 1 st, 1992. We failed to recognize the milestones that we have reached with Chief Bowers and also prior to him being appointed the fire chief he served as a volunteer for both our fire and our police department and so, Kenny, I'd like to take an opportunity to recognize you for your contribution to our community with something. Kenny, this is something that ICRMP had put together at one time and Will got a copy of it with their permission, of course, and got it framed and we would like to present this to you for the years of service to our community and in recognition for your dedication. Bowers: Well, thank you. It's been enjoyable. It's been fun. Thank you very much. De Weerd: So, thank you, Kenny. I didn't want you to get away without me doing that. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move -- well, we are going to have -- I need the resolution number on the resolution disposal or surplus and their consent. Do we have a resolution number? Wardle: 04-05 -- or excuse me. 04-450. Bird: Okay. And also the staff has asked us to -- which we will do when we get to them, is table No. 11 and No. 13, if anybody is here for that. And with that I would move that we adopt the agenda as revised on 11/9/04. Rountree: Second. De Weerd: Mr. Bird? Bird: Yes. De Weerd: In your motion if we could add an item under department reports, Item D, for our city attorney to give a report. Bird: He had already asked and I apologize for that and I would agree if the second would. Rountree: Second agrees. Meridian City Council November 9, 2004 Page 3 of 39 Bird: Okay. De Weerd: Okay. Thank you. The motion is to approve the agenda as amended. All those in favor say aye. All ayes Motion carries. MOTION CARRIED: ALL AYES, Item 5: Consent Agenda: A. Approve Minutes of October 5,2004 Pre-Council Meeting: B. Approve Minutes of October 19, 2004 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 04- 026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: D. Findings of Fact and Conclusions of Law for Approval: CUP 04-035 Request for a Conditional Use Permit for a bank with drive up service lanes in a proposed C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: E. Water Main Easement for Water Main Easement: F. Streetli~ht Agreement for Cedar Springs No.4: G. Streetli~ht A~reement for Lochsa Falls No.9: H. Streetliaht Aareement for Lochsa Falls No.1 0: I. Streetlight A~reement for Lochsa Falls No. 11: J. Award of Bid for 2004 WWTP Headworks Modifications to The Ewing Co., Inc. for $523,500: K. Resolution No. 04450 - WWTP Equipment: Disposal of Surplus Property De Weerd: Okay. Next item is the Consent Agenda. Bird: Madam Mayor? Meridian City Council November 9, 2004 Page 4 of 39 De Weerd: Mr. Bird. Bird: I would move we approve the Consent Agenda, including Resolution 04-450, and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda. Any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. City Clerk - Will Berg 1. Request to Change Date for Public Hearing for Kingsbrid~e Subdivision Annexation and Zoning, Preliminary Plat, and Conditional Use Permit for a Planned Development Applications: De Weerd: Okay. Item 6. Department Reports. We will begin with our city clerk. Berg: Thank you, Madam Mayor. Even though this probably wasn't my topic, we put it under my department. We had a request made to us in writing -- and I think you have a copy of that in your electronic files -- to change the date for the Public Hearing for Kingsbridge. The applicant's representative explained the situation that he was involved with, that he's asking to change that date, so he can make it to do a full presentation. I believe a representative from this project is also here tonight if you have any other questions to ask them. Thank you. De Weerd: Council, would you like to hear from the applicant or do you have discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd like to hear from the applicant, because we have set this when he was here and never heard anything about him not being able to be here at that time and there was a lot of people here that was under the impression that it's going to be a certain date. De Weerd: Okay. If you will, please, state your name. Meridian City Council November 9, 2004 Page 5 of 39 Clarneau: Madam Mayor, Members of the Council, my name is Randy Clarneau, and I'm the senior partner of Vision First, 661 South Rivershore Lane, Suite 120, in Eagle. 83616. Ken Elliott, who is a senior member of our team, who made the presentation at the last meeting, actually realized later that he is going to be out of the country during that time and because he is a senior member of our team and is probably most familiar with the discussions that have transpired with the neighborhood, with the staff, with the consultants and so forth, I think it would be a mistake to have the meeting without him, since he has a lot of that background and knowledge, and so he has requested on our behalf that we move that and we have also offered to notify the residents and pay for the cost of that or to pay for the cost if the city would want to notify the residents of the date change. And I think it would also, you know, give us a little more time for preparation. Not that we have a tremendous amount of need for that, but certainly would give us more time for preparation. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Yes. Mr. Attorney. Nary: Just for the Council's consideration, because the request came the day of the meeting, the notices -- and I think that's why it's under Mr. Berg's report -- the notices haven't been sent yet. There is adequate time to provide adequate notice under the statute for either the date that we originally set of November 30th or a reset date afterwards. So, it's within your discretion to do either one. Bird; Madam Mayor? De Weerd: Mr. Bird. Bird: If we was to reset that, it would be -- the first available one would be the 14th of December. Would that give -- that gives us time and everything to get it all noticed? De Weerd: And I believe that the offer has been that all of those that have signed up on the sign-up sheet to testify, mailings would be made to them as well? Clarneau. That's correct. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council November 9,2004 Page 6 of 39 Bird: If he's willing to do that, I'm certainly willing to change the date to December 14th, 2004. Rountree: Is that a motion? Bird: That's a motion. Rountree: Second. De Weerd: Okay. It's been moved and seconded to go ahead and put this to December 14th, with the notification going out to those within the typical mailing area, as well as those that were signed up to testify. So, is there any further discussion? Okay. All those in favor say aye. All ayes. Motion carries. You said aye? Wardle: Madam Mayor? De Weerd: Yes. Wardle: Not having been part of the former, I'm just -- I'm going to abstain. De Weerd: Abstain. Okay. So three ayes, one abstain. MOTION CARRIED: THREE AYES. ONE ABSTAIN. B. Parks Department - Doug Strong 1. Presentation on Adventure Island Playground. De Weerd: Okay. Thank you, Mr. Berg. The Parks Department. Doug, I guess before you go, Mr. Day isn't here yet? Bird: Yeah. He's here. De Weerd: Is he? Bird: He's right there in the back corner. De Weerd: Yeah. Boy, you clean up really nice, Brad. Didn't even recognize you. Well, thank you. Yes. Mr. Strong. Strong: Madam Mayor, Members of the Council, you'd like to start, then, with either this -- the Powerpoint presentation or the appreciation certificate. De Weerd: Yes, please. Meridian City Council November 9, 2004 Page 7 of 39 Strong: Okay. We will start with that. Madam Mayor, Members of the Council, I appreciate the opportunity to spend a few minutes talking about a very perfect partnership that we have going on in Meridian that will leave the City of Meridian with the first universally accessible playground in the state and will be kind of an icon for at least the park system and how partnerships can work to bring something of great benefit to the community. As many of you will recall, because you have been involved with this project from the very beginning, as it started with just an idea or dream and it's taken several years to make some progress to where we, actually, now on this coming Saturday will have the opportunity to open the first phase of the playground. I have a series of slides that show the progress and this -- you see the date it was September 10th, 2003, over a year ago we were out on just open ground at Settler's Park doing ground breaking and it was the opportunity to bring attention that there was going to be a playground there and there was -- at that time there was still, I think, concern that it was really going to happen, but the decision was made to move ahead and get things moving. So, this picture represents what the playground is all about is the opportunity for children of all abilities to come to an area where everyone can play together in a playground that's built to accommodate each of their individual needs and also promote their sensory development and individual development. So, as you can see in the background, the beginning of the excavation that started to form the first phase of the project and it -- there was a lot of underground work, earth moving, thousands of yards of dirt brought in to make the berm that was necessary for -- at the playground. And, then, it was time to start the community build part of the project and on August 25th of this year, all of this equipment that you see moved on these trailers became the first part of the playground to be built in a major community build project. The beginning of the day the site looked like this. As the day progressed on August 30th of the community build day, everything was laid out and over 300 community volunteers showed up to help assemble it and put it all together. So, during the course of the day there was a tremendous amount of activity and as you can see there was dust and noise and people lifting and doing all kinds of things and the guy standing on the ramp can show the OSHA approved -- Bird: I was going to say, all OSHA approved. Strong: -- way not to damage you're hearing is just stick your fingers in your ears. All the pieces were laid out and as you can see that these tops of different pieces of playground had to be manually moved over and put in place and everybody got involved. It didn't make any difference your age or whether you were male or female or what, it was a -- very much a joint event and at the end of the day, about 6:00 o'clock, everybody assembled for a picture and everything was there and in place. Now, in saying that, it doesn't mean that everything was bolted down and secure, it just meant that everything was put in place and, essentially, put together so that the next phase of the project could take place. And, essentially, what that amounted to is all that those pieces of play equipment that you see there that have a foundation or a base either had to be poured in concrete or bolted down. Some of that work was done with continued work by volunteers and much of the work was done by department staff and one of those staff members is here tonight that we will recognize a little bit later that did a Meridian City Council November 9, 2004 Page 8 of 39 tremendous amount of work on this project. I want to point out two things about this slide. This is the day that the surfacing -- the pour-in-place surfacing that we have heard much about in the news recently, was started to be laid out. I want to point out the two yellow poles that are in the parallel bars. You see the round circles at the base of the pole, that shows how they had to be secured. There is actually concrete poured around them and that was done by volunteers to secure them in place. Most of the equipment that you see on the left was, actually, bolted into the cement, which meant holes had to be drilled, bolts had to be put in place, and bolted down and any final adjustments to make sure that everything was plum had to be completed. This first layer of surfacing is about three inches thick. It's a -- it's a much coarser material than the top layer of surfacing and it goes down to form the base and you can't see any of the drainage system there, because they have covered it up, but under this base there is a drainage system throughout the playground that will take any water on the surface down through the rubberized surfacing, this is porous and, then, take it away from the playground, so there is never any standing water on the surface. So, this provides most of the cushion for the playground and it went in around all the equipment. I'm going to skip to another topic here for a minute before we get to the final surfacing. This is the railing that tomorrow morning the first section that's been powder coated and completed will be put in place at the playground is being fabricated in our shop at the department. On the left is Brad Day and on the right is Terry Whipple, our fabrication expert. The design was created by the Land Group and how to put it all together was up to Terry to do and he's been working for over a month now on several sections of the railing. The thing that makes it complicated is there is only one straight section, all the rest of it is curved and goes up and down hill. So, if you have ever seen any metal fabrication, that's not an easy job. This is the section that will be put in place tomorrow and you can see that's what it's going to look like when it comes back with all final welds complete and ground down and power coating in place, so it will be as colorful as the rest of the playground. So, there is still some sections of railing to be completed that you won't see if you're there on Saturday for the opening. We had to bring in domestic water lines and trenching, so that there could be water fountains and such at the playground and, then, this is the final surfacing that's a different kind of grain and it's about an inch thick that's put on top and it provides the color to the playground. This particular piece of playground equipment was installed professionally after the other major section of playground was put in and this is the surfacing around it and you can see some of the designs that are in the surface of the playground to give it kind of appearance of like water and sand and, then, dirt like a beach area. And this is another very colorful area of the major playground area that you saw earlier. This is a section of the playground, some of which was damaged by whatever individuals got in there before it was set up and had been replaced. The blue surfacing was what was damaged that is now, as you can see, in good shape. So, I want to emphasize that we will do our grand opening on this coming Saturday at 1 :00 o'clock at Settler's Park and everybody is invited to attend and participate in that and, hopefully, we will have a good day. And with that I also need to emphasize that this is just the first phase. As I mentioned earlier, it's about a third of what will actually end up being in the total playground. The second will be this section, which we are calling fish wreck, which is phase two, and you can see it has also a water theme and it's a zero depth water feature. And I want to read the words Meridian City Council November 9, 2004 Page 9 of 39 from -- that Angela Lindig put in her invitation to come this weekend about this second phase and she said we anticipate phase two will require approximately another 500,000 dollars in order to complete the zero depth splash pad, accessible swings, touchable waterfall, explorative sand area, bolder rock climbing areas and outdoor musical play area, as well as other park amenities, such as benches, tables, and shaded gazebos. All of these components will create a unique and sensory rich play area for kids of all abilities. And I think that's really the key to this entire playground is that it will be unique in the state and there isn't any child that would not be able to play here in some form or fashion and find a very sensory rich experience. So, with that I would entertain any questions you might have before we move into the next phase. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The only thing I'd like to have Doug testify on to start with, this is something that's a win-win for the city, because they are helping do this and, then, they turn it over to us and it's for the whole community. I mean it's for the whole Treasure Valley. It's the only one in here and I'm just very proud that we were the ones that got to select it and the ones that got to put it in. De Weerd: Thank you. Strong: Thank you. Actually, Councilman Bird, you bring up an important point. VVhen we planned the opening on the 6th there was a family from Ontario that had actually planned to come over for the opening. So, I think it will reach out to the entire valley and beyond, because it will -- it is so unique in the state and especially in this area. De Weerd: Well, this is certainly an amenity not only for Meridian and the region, it will be a one of its kind in the state of Idaho and they have found that throughout the country there are very few of these and they do have a wide appeal to a wide area surrounding where they are located, so people will travel miles where their kids can play together on such a facility and I guess, Doug, when we began dreaming about this playground, we never thought angles and curves and those kind of things. So, that -- which brings to the table a lot of people make these things happen and, actually, Becky McKay and her husband were an integral part of some of the underground work and appreciate that. It does take a lot of people. This has been a real community based effort, certainly spearheaded by Angela and she -- she and her husband Darin have been tremendous behind this. But also our staff as well and, Brad, we wanted you to be here today, because we wanted to recognize that -- I know this is part of your job, but you took it above and beyond. You have spent countless hours and maybe before I present you with a certificate of appreciation, I'd like Doug to expand on that. Meridian City Council November 9, 2004 Page 10 of 39 Strong: Thank you, Madam Mayor. I think with any project like this, as you have mentioned, there is certainly a long list of people that have made contributions to the project by community donations and community volunteer work. When that work is complete oftentimes what's left is the refinement of their efforts might be one way to say it. Like I mentioned, all of that equipment that was put in place needed to be bolted down, it needed to be trued up with levels and plums to make sure that everything fit like it was supposed to and transition points were smooth, so that kid in wheelchairs could navigate around the equipment safely without any barriers at all and I think in each department there is always somebody that brings a unique set of skill sets that really contribute to getting that kind of very unique kinds of job task completed and certainly on this project Brad Day is the person who brought all that. He drilled all the holes I think in the concrete, put in all the bolts, made sure everything was plum. And, then, when the pour-in-place surfacing fellows got there, they informed him that the bolts were too tall, too high, you need to grind them off, so he was the guy that got to grind them down to the right height so that the pour-in-place surfacing could go over them and just one challenge after another it seemed like and has also provided some of the assistance that Terry Whipple has needed in the construction of the railing. So, we are very pleased to have Brad in the staff. Like I say, he brings a unique set of skills to the department that without his expertise there is a lot of things that we would have to hire done or it wouldn't get done. So, appreciate all that Brad does. De Weerd: Brad, if you will, please, come forward. It's a small token of our appreciation, but we would like to recognize you for your efforts and what a great legacy that you had a big role in creating for our community and our region. Our certificate is to acknowledge your dedication and hard work on Adventure Island Playground Project and we gratefully appreciate your outstanding efforts. Thank you. You know, I also have one for you, Doug. You know, it's not often we get a chance to recognize our staff for their contributions and oftentimes we -- or too often we take for granted a lot of the tremendous work that's done in our community and, Doug, we appreciate the leadership you have given to this project in making it happen and tying up the loose ends and we have seen you out there on weekends and in evenings and we know the countless hours that you have put to this project as well and we appreciate your dedication to this. It's going to mean a lot to our community and we look forward to the grand opening on Saturday. So, I hope you're all able to join us and, Kitty, we sure have appreciated the coverage that the paper has given this and the profile, because it is a very important day, in particular for a large group of volunteers. We had over 300 people show up to -- you know, 'like to use the paper's figure more than I like to use Doug's. They said 500. So, we had a lot of people show up on build day and really shows what support we do have in this community. Okay. Donnell: Madam Mayor? De Weerd: Oh, I'm sorry. Donnell: I just wanted to add that it would be really neat if down the road we could see some pictures of it when it's full of children using it. Meridian City Council November 9, 2004 Page 11 of 39 De Weerd: I think you will be able to see that on Saturday. Donnell: Good. I will be there. C. Mayor's Office 1. Mayor's Report. De Weerd: Good. My report, I am very excited to tell you that the Mayor's Youth Advisory Council, we have 14 kids that will meet at the end of the month for its very first Mayor's advisory youth -- or Youth Advisory Council. We had 25 applications or applications of interest submitted and we allowed up to 15 kids in our original vision of this and thought we would start with 14. We have a 50-50 split and that wasn't done on purpose, it just happened to fall out that way, of seven females and seven males. We have -- four members are 15, six members are 16, and three members are 17, which means two of those members are seniors and will open up seats -- for sure seats for the following year, but we have a great diversity of kids to really I think give a real diverse look on our Mayor's first Youth Advisory Council. I would like to ask the Council if any of you have an interest, I would like to have a Council member that can also be a liaison for Council on this group. If anyone has an interest I would certainly welcome your participation. And I guess you can tell me in private if you want to. Either that or I'll just appoint one of you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If somebody don't step forward, I will be glad to do it. De Weerd: Thank you, Mr. Bird. I appreciate that. It's really exciting. What we are going to do the first time is bring them in for pizza -- Bird: And I know I'd like that. De Weerd: Oh, sorry, I would have gotten all of you volunteering. I'm only going to feed one of you. But we will give a little bit of the history and background, do an ice breaker and find out what their vision of this is. The first meeting the beginning of the year we will bring kids from Caldwell and Nampa to talk about what they have been doing in their youth councils, to give them an idea as they look at the draft of bylaws we have already prepared, how they envision this group being and how they interact with Council and city-related issues. The ten other kids that applied -- or eleven other kids that applied, we will try and get them in Meridian's Promise, on the parks commission, on the historical preservation commission. We have several different opportunities for them. So, we will engage all of these students that have indicated an interest. Meridian City Council November 9, 2004 Page 12 of 39 De Weerd: Okay. Item D is our city attorney. D. Attorney Bill Nary Nary: Madam Mayor, Members of the Council, after all those very feel good things, I hate to be the next one on the agenda. I did just want to make you aware you did have in your boxes tonight we have had a request for both a reconsideration, as well as request for a takings analysis, which is a statutory option that's been in place for about two years in this state when you have an application or a permit denied, you have an opportunity to request the governmental entity to provide you an analysis as to why -- or how that may affect you. This is on the Leeshire property that was denied as a final decision of denial -- or the finding were approved on the 12th of October. The one thing that happens statutorily from that when a takings analysis is requested, it does toll the time in which to request a review by the Fourth Judicial District Court. Ms. Butler represents the developer Mr. Tapola and she had requested a second reconsideration. The Council recalls this was denied initially in September. They requested a reconsideration prior to the end of September, but also prior to the findings actually being prepared. And so at that -- at that point the reconsideration was not granted -- or not considered, because there were no findings before this CounciL When it was raised again in October and the findings were before this Council, no one specifically requested a reconsideration again at that juncture, so the findings were approved. What I will do before next week's meeting is provide you with some information as to your options in dealing with that if you wish. I also wanted to advise you today that we did receive an inquiry and I think you should have a letter from an attorney that is going to be filing a petition for review and I think Mr. Berg and I came to the conclusion that this is the property at Ustick and Eagle that we believe was -- the Ruwe property has already been annexed, but it was not approved? Is that correct, Mr. Berg? Is that the property I think we are talking about. They didn't identify it in the letter, but I think that's who -- I think that's who these folks represent. So, they are going to file a petition for review. I did want to advise you of that formally and also as I anticipated -- was hoping to avoid this in the first month I was here, but that didn't work out so well. We will probably likely need to contract this particular matter out to probably White Peterson to handle, since they have handled our other cases such as this. We don't get very many of them and I was hoping we wouldn't have one right away, but due to the time and the need that this type of conditions for review take, it is probably going to be best off for the city to have an outside firm handle this particular one. I did also receive a call today and the lady's name escapes me. I think it's Burn. It's the request -- is that the right name? Canning: Donna Born. Nary: Born. That's right. I'm sorry. Thank you. I did receive a call today from Ms. Born. This is, if you recall, Council, this was the denial of a variance for a garage that was about sometime in the month of October that that was denied and she was also seeking a petition for review. I am going to recommend she seek counsel for something like that and have a conversation with her. I think Mrs. Canning and I were going to see if there was something we could do to resolve that matter short of that, but I wanted to Meridian City Council November 9, 2004 Page 13 of 39 advise you that that did come today and so we may be seeing another petition as well and, ultimately, I think on Leeshire that's certainly a possibility. So, all of those -- all of those possible scenarios I wanted to bring to your attention and, again, knew you had some of that documentation, but not all of it, so I wanted you to be aware of it tonight. That there must be something good next, so-- Item 7: (Items Moved from Consent Agenda) De Weerd: Well, Mr. Nary, I appreciate you keeping our feet on the ground. Okay. We did not move any items from the Consent Agenda. Item 8: Tabled from November 3, 2004: FP 04-063 Request for Final Plat approval for 50 single-family residential building lots and 13 common lots on 15.34 acres in a R-8 zone for Sheridan Place Subdivision by Robert Chavez - east of North Locust Grove Road and north of East McMillan Road: De Weerd: So, we will move to Item No.8, tabled from November 3rd, on FP 04-063. I'll begin with staff comments. Canning: Madam Mayor, Members of the Council, this was the final plat for Sheridan Place Subdivision, which is located on the north side of McMillan Road east of Locust Grove. Now, that I have those streets down. The item was tabled in order for staff to prepare a little more information on a driveway for an existing residence located in the southwest corner of the proposed subdivision. Council had asked for more information. We did have a -- the original conditions of approval had a note restricting access to McMillan Road. The applicant had responded saying that that driveway had been approved by ACHD during the preliminary plat process. I did go back to staff and ask them to research what we had known and what information we had conveyed to the Planning and Zoning Commission and to the City Council on this item when the preliminary plat went through. You do have a memo from Steve Siddoway regarding the issue and I'll try and summarize it briefly. Mr. Siddoway was not fully aware of the driveway access -- taking access from McMillan Road. The landscape plan that he reviewed in his review of the subdivision did not have the driveway shown. There were subsequent copies of the preliminary plat that refer to an existing driveway to remain. Sometimes that's shown at the subdivision boundary, sometimes it's referencing a driveway that straddles the subdivision boundary, so -- and in all cases the landscape island is always shown as having sod and a driveway and more sod. So, it is not clear from those drawings, especially the landscape drawings, although there is the call out on the preliminary plat. Steve did attend a tech -- Ada County Highway District tech review on this subject and at that time the item of discussion was -- did not focus on this -- to his knowledge it was -- it was not discussed at the tech review he was at. I think there was more than one tech review on this project and that could have occurred at that time. The items of discussion at that -- at the tech review he attended were this item -- this area here and whether it could be accessed from a separate cul-de-sac street. That was the primary issue discussed. Becky McKay did send an e-mail to me Meridian City Council November 9, 2004 Page 14 of 39 yesterday. I didn't notice that the clerk was not cc'd, so that did not get down to you all for your packet. She is here and has comments -- basically a rebuttal to Steve's letter. I did try and -- I also received an e-mail from Lori Dunn-Hartog from Ada County Highway District saying that ACHD had discussed it in their staff report and we did recognize that it was in the ACHD staff report. Our staff does not -- did not have that staff report at the time they wrote theirs. It received the ACHD staff reports afterwards. And I did ask her to -- if she could verify when tech reviews were done, if there is more than one, and who was in attendance at the time. I did not receive a reply from her on that -- on that request. And with that [ will end staff's presentation. De Weerd: Okay. Council, any questions at this point? Bird: I have none, Mayor. De Weerd: Mrs. McKay, do you have anything to add? McKay: Madam Mayor, Members of the Council -- De Weerd: Please state your name and address. McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Suite B, Eagle. I was not able to attend last week's meeting due to illness. Sheri came over in my place. Some confusion, obviously, arose over the driveway issue. The memo that I sent Anna, I'd just kind of like to go through it, since it was not part of your packet. The existing driveway to the existing home was delineated on all preliminary plats, including the one that was referenced in our development agreement. At Ada County Highway District at tech review we did discuss the driveway and Ada County Highway District's staff report reflects that on page eight. May I quote: The applicant is proposing to utilize existing 20-foot wide driveway that intersects McMillan Road. They incorrectly put at the east, but it should have been west property line. This driveway is proposed to serve the existing single-family residence and is proposed to intersect with McMillan Road approximately 115 feet west of Schubert Way. The applicant is proposing to utilize existing driveway due to the fact that the existing home and garage are oriented in such a way that the garage could not be accessed from North Schubert. District policy requires driveways on arterial roadways with speed limit of 50 miles per hour to offset a minimum of 255, but it is supportive of the applicant's proposal to utilize the existing driveway. And, then, it goes on to say staff is supportive of utilizing the existing driveway due to the fact that the home is oriented in a manner that the homeowner could not access the garage from Schubert Way and a single family is anticipated to generate approximately ten vehicles trips per day. They also qualified that stating that if the home were ever removed from the site or the use happened to change, that, then, access would be required from Schubert. Obviously, with this in our ACHD staff report, this item was discussed at tech review. The confusion arose between -- if you recall correctly -- [ know you hear so many of these they kind of start blending together. I have a hard time keeping my own stuff straight some days. There was a 25-foot access easement that was recorded on this property and 25 feet that was recorded on the Meridian City Council November 9, 2004 Page 15 of 39 adjoining property to the west. There was a discussion by Mr. Buckley, he wanted compensation for that. Canning: Becky, can you use the laser pointer up there, so everyone can see? McKay: I'm sorry. It was located here on the west boundary. I believe the confusion that arose was the issue of Mr. Buckley. The driveway -- there is no access straddling the property line. The only driveway is to the existing home, which is located right here. We kept putting on here existing home, existing driveway to remain, and if one goes out in the field there is one existing driveway into the subject property, which goes into this house, and so I don't know whether staff got confused about the issue of the easement from Mr. Buckley and this property, which we did work with Mr. Buckley, my clients purchased -- or compensated Mr. Buckley in exchange for relinquishment of this 25-foot old easement that was adjoining his boundary and it was also existent on his side. My clients have spent a considerable amount of money, approximately 53,000 dollars updating this home, re-roofing it, making it an asset to this neighborhood that they are trying to create. Obviously, they want to make an impression when someone comes in and this house had to be updated and enhanced. There was one -- the original landscape plan that was submitted did not reference the existing driveway and it was not shown, but when we resubmitted our landscape plan prior to Council on 4/26/04, the revised plan stated the existing driveway would remain. We've never tried to mislead the staff, mislead the Council in any shape or form and if you look at this plat, the home -- the garage is -- I have kind of highlighted in that yellow. The outline of the home is in purple. The only way to get into that garage is along this western boundary. I have approximately eight trees that are -- a lot of them are very mature and we have been working with the city arborist as far as we had a couple out here that we were trying to avoid with our sidewalk. If I -- if we have to bring a driveway around here, one -- my client has tried to get a vehicle this way and make the turn, we can't. It's impossible. There will be no backing motion into the arterial and I believe that was a hot button issue on another one of these questions of driveways directly coming off an arterial. They will be backing out and coming out front ways. I don't -- anytime I can avoid any direct lot access on arterials we do. We go to great pains. This particular orientation of this home in westward fashion with the driveway facing due west and this being technically the rear yard where all of the landscaping that is existing is -- that is going to have to remain, I don't have any other option and I'm not -- I don't believe I'm coming at the 11th hour. This has always been on our plan, it was just confusion. So, hopefully, that is clarified for the Council what's transpired. And to my knowledge we did not have any condition on the preliminary plat that I can recall that said no direct lot access to McMillan. Otherwise, we would have been arguing that before the Council and it would have been of record. Do you have any questions? De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council November 9, 2004 Page 16 of 39 Bird: I have to agree with Becky that we did discuss that. We knew it was there. It just goes into the existing house. It's on the west side and not the east side. I don't recall any condition -- I mean I'd have to look back at the minutes -- any condition regarding that being not usable for that one house on the west side. So, I would have to agree with her on that point. De Weerd: Okay. Any others comments? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I had a question. Is this point of access actually in the subdivision or is it adjacent property on an easement? McKay: No. It is a lot in the subdivision. The existing home? Rountree: No. The access point. McKay: The access point is on the subject property. Yes, sir. It is not on the adjoining property. No. Rountree: Okay. It's on the far western boundary? McKay: It is on our far western boundary, yes, sir. De Weerd: Any other questions? Okay. McKay: Thank you. De Weerd: Thank you. Okay. Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve FP 04-063, Sheridan Place Subdivision and also leave that existing driveway for the existing house and lot to only service that house and lot. Donnell: I will second that. De Weerd: Okay. The motion is to approve with the existing driveway and with the condition that there is a change of use that that would be -- Bird: Yeah. You bet. Meridian City Council November 9, 2004 Page 17 of 39 Canning: Madam Mayor, just for clarification of the motion, the applicant had requested some specific wording and we went over this last week. I'm sorry, I should have refreshed your memory -- that some specific wording on conditions number 11 and, then, 16, note 18. On eleven it would be to strike the first sentence saying the existing house on Lot 9, Block 5, will be required to take access from North Schubert Way. So, that would be struck. And, then, on condition number 16, just strike note 18 and, instead, replace it with the language proposed by the applicant in their letter dated October 29th, which states that utilize the existing 20 foot wide driveway that intersects McMillan Road at the east property line as proposed. Oh. I'm sorry. On note 16 it would be except for the cross-access easement shown for Lot 9, Block 5, direct lot access to East McMillan Road is prohibited. Bird: That's true. De Weerd: Okay. So, to include applicant's comments? Bird: Yes. And also staff comments. De Weerd: Via her letter? Bird : Yes. De Weerd: Okay. Is there anything further, Council? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 9: FP 04-065 Request for Final Plat approval of 57 building lots and 6 other lots on 17.29 acres in a R-8 zone for Redfeather Estates Subdivision No.4 by Packard Estates Development, LLC - south of East Ustick Road and east of Eagle Road: De Weerd: Item 9 is FP 04-065. Canning: Madam Mayor, Members of the Council, this is Redfeather Estates No.4. It's on the south side of Ustick east of Eagle Road and this is a request for 57 residential building lots and six common lots on 17.29 acres. The area for the preliminary -- or the final plat is shown here in red on the preliminary plat. And here it is. It has a gross density of 3.3 dwelling units per acre and a net density of 3.98 dwelling units per acre. The applicant did receive approval for a planned development that allowed for reductions to the minimum lot size, minimum street frontage, minimum house size. The proposed final plat is in substantial compliance with the preliminary plat. They did add a micro-path to Lot 30, Block 17, wh ich contains a subsurface storm drainage pond and ( Meridian City Council November 9, 2004 Page 18 of 39 staff felt that it still complied with the approved preliminary plat. Staff is recommending approval of this final plat. De Weerd: Okay. Anna, did we receive word from the applicant? Do they agree with all the comments? Canning: I do not have a letter from the applicant on this one. They are indicating that they are in agreement. De Weerd: Okay. Canning: It's not in my file. De Weerd: Thank you. Council, do you need any further information? Wardle: Madam Mayor? De Weerd: Mr. Wardle, Wardle: Hearing no need for further information, I move that we approve FP 04-065, final plat for Redfeather Estates Subdivision No.4. Rountree: Second. De Weerd: Okay. The motion is to approve Item NO.9. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. De Weerd: Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: FP 04M066 Request for Final Plat approval of 27 building lots and 1 other lot on 7.38 acres in a R-8 zone for Redfeather Estates Subdivision No. .Q by Packard Estates Development, LLC - south of East Ustick Road and east of Eagle Road: De Weerd: Item 10 is FP 04-066. We will start with staff comments. Canning: Madam Mayor, Members of the Council, again, this is Redfeather Estates. The circled area was -- for the final plat is shown on the preliminary plat and as you will see, it is in substantial compliance with the approved preliminary plat. The applicant is requesting 27 building lots and one common lot on 7.3 acres. So, the gross density is 3.66 dwelling units per acre and a net density of 4.58. The subdivision, again, had reductions for lot size, street frontage, and house size and the final plat is in substantial Meridian City Council November 9, 2004 Page 19 of 39 compliance with the approved preliminary plat. I do have a letter from the applicant stating that they are in agreement with the conditions of approval. And I did on the other one, too, just for Mrs. McKay's good name. She did give me a letter on the last one. It was hidden in my file. I'm sorry. With that I'll end staff's presentation. De Weerd: Okay. Council, any further information? Bird: I have none. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 10, PP 04-066, final plat for Redfeather Estates Subdivision No.5. Donnell: I second. De Weerd: Okay. It's been motioned and seconded to approve Item 10. Any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: FP 04-067 Request for Final Plat approval of 56 single-family residential and office building lots and 6 common lots on 18.94 acres in R-4, R-8 and L-O zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 & 2240 South Meridian Road: De Weerd: Thank you. This next item there is a request to table this, I believe. Bird: Yes. De Weerd: Okay. I would entertain a motion. Rountree: So moved. Bird: What date, Charlie? De Weerd: To what date? Rountree: Did we have a request for a date? Meridian City Council November 9, 2004 Page 20 of 39 Canning: One week should be sufficient at this time. Part of the issue was that they needed to coordinate with Mr. Freckleton. We are hoping that we can still get that resolved by the end of the week, but if we -- we may need to put it off two, but we had committed to one previously. De Weerd: Okay. Rountree: We had committed when? Canning: Well, we had led the applicant -- staff had hoped that we could get the applicant taken care of in the next week, but -- of course, you make the decision, so that was -- Rountree: I get a sense that -- I move that we table that until our regularly scheduled meeting on the 23rd of November. Bird: Second. De Weerd: Okay. The motion is to table Item 11, FP 04-067, to November 23rd, 2004. All in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: FP 04-068 Request for Final Plat approval of 10 commercial building lots on 3.80 acres in an L-O zone for Brockton Subdivision by Confluence Management, LLC - 3665 North Locust Grove Road: De Weerd: Okay. Item 12 is FP 04-068. I'll start with staff comments. Canning: Madam Mayor, Members of the Council, this is the final plat for Srockton Subdivision, which is south of Heritage Commons on Locust Grove Road north of -- I'm not even going to get myself in trouble with that. North of Ustick. Thank you. This is a final plat for ten commercial building lots on 3.8 acres in an L-O zone. This was the approved site plan and I'm showing you this one, because when we go to the final plat you will see that it doesn't convey as much information. So, this was the approved preliminary plat. This is the final plat. The final plat is in substantial conformance with the approved preliminary plat and staff is recommending approval and we do not have a letter from the applicant on this one. De Weerd: Okay. Is the applicant here tonight? No letter? McKay: Madam Mayor, Members of the Council, we received the staff report this morning, but I know Mr. Freckleton's had a loss in his family, so, obviously, that's fine with us. I did not have opportunity to respond, though. We have read the conditions and we are in agreement with the conditions. There was only one item that I did want to mention to the Council and that's site specific 5-C. We have a detached meandering Meridian City Council November 9,2004 Page 21 of 39 five-foot sidewalk running along Locust Grove Road in our 25-foot landscape buffer. According to staff, based on the current landscape ordinance, it states that the five-foot sidewalk cannot be part of that 25 feet, you have to allocate at least 30 feet, because you have to subtract the five feet. So, therefore, staff has stated to move the sidewalk into the right of way or allocate additional room and I'd just like to mention that that's kind of crazy and I know the highway district mentioned it to us the other day that they are working with the cities to try to get them to count that, because we are creating a lot of better pedestrian friendly environment if we can detach these sidewalks away from the back of curb. This is going to be a five-lane highway in the future and if I can get it in this 25 feet and meander it, it looks better, it's more pedestrian friendly. I don't know if the Council has the ability to make any waivers or adjustments to the landscape ordinance, but this is a situation that I hate to move that sidewalk up back into the right of way. The other thing I'd like the Council to realize is this is not -- Locust Grove is not in the 20-year plan. So, my client doesn't have to dedicate any right of way along Locust Grove. We did have a condition that said to try to preserve it and the district -- or the highway district will not purchase it, but I have convinced my client to go ahead and dedicate that ten feet, which is, obviously, a donation to the highway district for that future five lane highway, but, yet, we are being penalized by putting our sidewalk in our 25 foot landscape buffer. That's it. That's the only thing I got on that one. De Weerd: Very nicely put, Becky. Thank you. Council, any questions? Okay. Council -- or Mr. Attorney, do we have this -- does Council have the flexibility to accept the sidewalk in the landscape plan? Canning: Madam Mayor, Members of the Council, before -- Nary: If Mrs. Canning wants to chime in, I certainly would be willing to hear that. De Weerd: Anna. Canning: We have used the alternative compliance section of the landscape ordinance to negotiate alternative landscaping requirements. Technically, it's my approval, but, of course, I would do the Council's bidding on this issue. But it is generally addressed through alternative compliance and so the next question would be what is the alternative. That's generally what I say when asked for alternative compliance, I say, well, what is the city getting in return. De Weerd: So, I guess Mrs. Canning has the final say, but you certainly can give your direction. Nary: Madam Mayor, Members of the Council, I think that the only consideration you may want to put around that, as Mrs. Canning said, is what is the alternative that they are complying with, because this is not an uncommon request from -- from different developers to count that type of addition as part of landscaping and, generally, that has not been approved. It has been on occasion. So, I think to help the planning staff, I think if you want to do that, you certainly need to -- it would be helpful to give them ( Meridian City Council November 9,2004 Page 22 of 39 some direction as to what standards you want Mrs. Canning to apply in the future to that. De Weerd: Well -- and I guess just an observation with -- when Anna notes what do we get in return, dedication of right of way is certainly nothing to blink at and appreciate that as well. So, Council -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 12 for the final plat for Brockton Subdivision with the staff comments and the direction from Council that the sidewalk be approved through alternative compliance available through the city landscaping ordinances based on information provided by the applicant. Bird: Second. De Weerd: Okay. For clarification that information by the applicant would be the dedication? Rountree: Dedication of the additional right of way for future expansion of Locust Grove. De Weerd: Thank you. Okay. Any further discussion, Council? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: MI 04-015 Request for a Miscellaneous application approval to allow a one-time lot division to separate an un-platted parcel into two parcels in an I-L zone for Montaaue-Sauriol. LLC by Montague-Sauriol, LLC - 1127 East Pine Avenue: De Weerd: Okay. Thank you. Item 13 has also been requested, I believe, as well -- Bird: Yes. De Weerd: -- to table. Mrs. Canning. Canning: Madam Mayor, Members of the Council, one week will suffice for this tabling. It was tabled at staff's request to reconsider some additional information given by the applicant. De Weerd: Thank you. Meridian City Council November 9, 2004 Page 23 of 39 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we table Item 13 until November 16th. Wardle: Second. De Weerd: Okay. The motion is to continue Item 13 to 11/16/2004. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Item 14 we are in the Public Hearing section of our agenda, Items 14, 15, and 16. We are required by our code -- or our ordinances to have anyone desiring to provide public testimony to, please, be sworn in. So, if you would like to provide public testimony, if you will, please, raise your right hand. Will the testimony you provide tonight be the truth, the whole truth, and nothing but the truth, so help you God? If so answer I do. (Affirmative answers.) De Weerd: Thank you. And we still haven't changed that ordinance. Nary: We are getting there. Item 14: Public Hearing: PP 04-032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C-G zone for Central Vallev Corporate Park No.6. This is a re-subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No. 6 by Steve Wensel - 929 South Industry Way: De Weerd: Okay. I will go ahead and open Item 14, Public Hearing PP 04-032 with staff comments. Canning: Madam Mayor, Members of the Council, this is a request for a preliminary plat approval of an eight lot commercial subdivision on 3.86 acres. It's on an existing -- actually, two existing platted lots in Central Valley Corporate Park Subdivision and they are shown with the hatch mark here. The site may be familiar to you as the one where when you turn up that road there is the basketball court at the end of it. It's right across from the Compass building. The property is currently zoned C-G and it is designated as commercial on the Comprehensive Plan. The proposed site plan shows four structures, one, two, three, four. And three of the structures would feature multiple zero lot line units, so the lot line would run through the structure, but they would be on individual lots. They are not proposing to condominium-ize the facility. The Planning and Zoning Meridian City Council November 9, 2004 Page 24 of 39 Commission is forwarding a recommendation for approval. They held a hearing on October 7th and they did vote to approve with conditions. It was all ayes for both applications. Actually, there is only application before you. The summary of the Public Hearing, staff did the presentation, the applicant did not testify, so there was no -- no testimony in favor or opposition or commenting. The key issues of discussion were the existing pocket park and I wanted to explain this little pocket park a little bit. As this application went through the City Council on the Planning and Zoning Commission, that park was never shown. It was not a condition of approval, so it was not required that the applicant construct that park. They just thought it might be a nice thing for the people that were using the subdivision. So, they installed it after all approvals. So, their previous approvals were in no way tied to this little pocket park that's on the site. So, a lot of the discussion focused around that and they did also discuss staff's special considerations and I'll go back and hit some of those. Just a moment. One was the future parking. The buildings are proposed as what's called flex space these days, which would be a combination of some office space, some retail show room space and some warehouse space and if -- if every structure or everything were to go to a full retail, they would not meet the parking requirements for our ordinance. Now, we don't anticipate that in this area. A lot of the other areas -- uses in the area are a much larger box -- I mean Winco and Home Depot are immediately to the west of this and, then, on the east side we have some office spaces. So, we are not anticipating a full retail build out of this property, but there were conditions raised that when those CZC or the tenant improvements are approved, we do need to review some of those parking requirements to insure that there is adequate parking in the future. Then, as I mentioned, the existing park and the landscaping and saving the mature trees that are on the site were discussed as well, in the staff report, as well as at the hearing. There were some concerns about the trash container and its location within a Nampa-Meridian Irrigation District easement and, then, the building setbacks. Some of the lot lines do not accommodate a 15-foot front setback as required in the C-G. There is room for them to move those lot lines out and meet those building setbacks as required. So, those comments were incorporated into their recommendation. However, staff would ask that the City Council clarify a couple of those. One is the park -- pocket park. Again, this -- the condition that -- site specific condition number 16 now states that the applicant should submit details regarding the amenities planned in the proposed relocated park and work with Meridian's parks department on mitigation and relocation of existing trees. Again, this was not a required park, so staff recommends that the City Council clarify that amenities are not actually required for this subdivision and, therefore, the applicant would not need to post surety with the city engineer. They have proposed to create a new open space on the site, so, again, that was kind of a voluntary basis. It wasn't -- staff did not see it as a requirement for this subdivision. Secondly, staff recommends that the City Council clarify that all the tree mitigation measures be included on the final plat landscape plan. And, again, that's the existing trees around the pocket park. The second outstanding issue before City Council was the trash enclosure with regard to the Nampa-Meridian Irrigation District agreement. Site specific condition number 17 requires the applicant to obtain a license agreement from Nampa-Meridian Irrigation District to locate the trash container. Staff recommends that the City Council clarify that its condition is not a plat condition, but a license agreement Meridian City Council November 9, 2004 Page 25 of 39 should be provided with the first certification of zoning compliance application submitted with this application. So, it shouldn't be tied to the final plat, as much as it should the certificate of zoning compliance. And with those -- those were the outstanding issues and I will end staff's presentation and answer any questions you may have. De Weerd: Okay. Council, any questions for staff at this time? Bird: I have none, Mayor. De Weerd: Okay. Do you have -- Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: The question came up about the pocket park, but my recollection -- this is going to be a stretch back to the way back -- that might have been included because some of the original discussions in this particular development were that those kinds of things were to be included, but most specifically a network of pathways were to be included in developments in this area to provide an opportunity for pedestrian traffic, as well as leisure use of the employees that would be either in office space or in industrial or commercial use. So, has that provision been accommodated? Is there a continuity in the pathway system in and around this particular parcel? Canning: Madam Mayor, Members of the Council, I know that when the property to the north of this was developed as the parking lot for the -- now, wait a minute. That's not right. I am not aware of any pathway system through here. Rountree: Okay. Canning: I did ask staff to double check that that pocket park was not a required amenity and I know that they researched that issue. Council-member Rountree, I had not heard the issue of the pathway raised. We can go back and review that and look through those minutes, but I did specifically make sure that there was not a required open space amenity and I would have thought that they would have found the references to the pathway when they were looking for that, but I did not ask them to specifically look for that. Rountree: Thank you. De Weerd: Well, Anna, I appreciate your sensitivity to -- to the open space, because that -- whether it was required for that particular site or not, it's an amenity within the park itself that I think the other parcels enjoy it and I appreciate the applicant is still maintaining an open space amenity, so -- is the applicant here? Would you like to come and comment? And I'm assuming that you were sworn in. ~~ ( Meridian City Council November 9, 2004 Page 26 of 39 Wensel: No, I didn't. De Weerd: I know. I didn't see you lift your arm up. Wensel: I was hoping to get away with it. De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing butthe truth, so help you God? Wensel: Yes, it is. De Weerd: Thank you. Please state your name and address. Wensel: Madam Mayor, Members of the Council, my name is Steve Wensel, 7886 Joplin Road, Nampa, Idaho. 83687. De Weerd: Thank you. Wensel: In reference to specifically the open area amenity, we do feel like it's important to have a place for people to relax. That park has been there for several years and we have felt it was important, not only for our site, but for the entire development, to -- where we are trying to optimize the use of the site, still retain a -- kind of a welcoming feel there and also break up the drive as you're coming across the front of the site. The new plan for the park is not going to include a basketball court, but it is going to have the walkways, we will have good nicely maintained landscaping and I think it will be a nice continuation of what's planned to be happening there. De Weerd: Thank you. Council, do you have any questions for the applicant? Bird: I have none, Mayor. De Weerd: Okay. Thank you so much. Wensel: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone else in the audience that would like to offer testimony on this application? Okay. Council, is there any further discussion you need? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Not seeing anyone giving public testimony, I move that we close the Public Hearing on Item No. 14. Meridian City Council November 9, 2004 Page 27 of 39 Rountree: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Rountree. I'm sorry. Mr. Wardle. Bird: Mr. Armstrong. Come on. De Weerd: Oh, I'm sorry. I don't go that-- Wardle: Thank you, Madam Mayor. I move that we approve Item No. 15, PP 04-032, preliminary plat for Central Valley Corporate Park No.6, to include the comments that the amenities, which are going to be mitigated, are not required to post surety with the city engineer, that the tree mitigation be included on the final landscape plat and that the irrigation -- or the agreement with Nampa-Meridian Irrigation not become a plat condition, but be required to be in place before a certificate of zoning compliance is issued. Donnell: I'll second that. De Weerd: Okay. The motion is to approve Item 14 with the amendments as noted. Is there any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96- unit apartment complex to a 65-unit assisted living retirement facility in an R-40 zone for Devon Park II (Fairview Lakes) by Fairview Lakes, LLC - 824 East Fairview Avenue: De Weerd: Thank you. Item 15 is the Public Hearing on CUP 04-037. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a request to modify the Conditional Use Permit for Fairview Lakes, also known as Devon Park. As you know, the property is located on the north side of Fairview Avenue and has been partially developed, although it's not shown on this aerial. The portions to develop at this point have been the -- the driveway is installed with the light at North Lakes Boulevard and, Meridian City Council November 9,2004 Page 28 of 39 then, also the Hastings building has gone in. The area in question is at the north end of the site toward the back and as shown here in red. The northern portion of the property was originally approved for 96 apartment units. I believe that's the correct number. The applicant is now asking for a 40,000 square foot, 65 unit assisted living facility. The master site plan shows two future phases, one for the independent senior living units and, then, the other for the future building, which is on the west side of the property. We have the detailed information, I believe, on the assisted living facility and the independent living facilities and I may need some help from the applicant on this when he comes up, but I believe the one that we don't have the detailed information for is the building on the west. There was a lot of discussion and a lot of questions as this application came through on how to best match up the independent living facilities and the assisted living facilities with the classifications used in our zoning ordinance, specifically the term nursing home, and that became quite a bit of the discussion at the Planning and Zoning Commission and I will get to that in a moment. I will move forward to the recommendation. I'm going to let the applicant provide a little more detail on the actual design and layout of the project. I'm going to move forward to the recommendation from the Planning and Zoning Commission, which was for approval. They held their hearing on October 7th, 2004. The applicant Doug Tamura and Linda Hines, the future operator of this facility, as well as John Bernard, a neighbor, testified in favor of the application. No one testified in opposition. Staff commented and Brad Hawkins-Clark was the presenter or the -- and had prepared the staff report. The key issues of discussion by the Commission were the definition from the state of Idaho versus the city regarding nursing home, retirement center, and assisted living. And also the multi-use pathway location and the Jackson Drain tiling. As some of you may remember, when the apartments came through, the Jackson Drain was left open and used as an amenity for the property. They have now requested that that be tiled. Also, on the original preliminary plat there was the multi-use pathway came up -- sorry. Wrong way. Came up the east side of the property and, then, kind cut across diagonally with the drain. The applicant is, actually, requesting to move it over and follow North Lakes Boulevard up through and, then, it will cross over to the drain once it's done. There has been concerns about the proximity of the pathway to the neighbors on the east side of the property. This is the landscape plan. I will go through. There is basically parking on the perimeter -- mostly the perimeter site and, then, these are the independent units on the east side of the property and, then, this is the dependent living -- or assisted living facility is kind of a box-shaped building with some open areas and walking areas in between. Then, there was a question about the -- tied to the question of the definitions was the question of the appropriate zoning for the assisted living and retirement home. Throughout the testimony on the definitions, the Planning Commission did make the determination that an assisted living facility was not the same as a nursing home and, therefore, the rezone was not required at this time and so, therefore, they deleted the condition related to that requirement and staff, given the testimony provided that night, felt that that was a good determination. So, it's -- from staffs perspective there are no outstanding issues before the City Council related to this application. I do not believe I have a letter from the applicant regarding the conditions of approval. With that, I will end staffs presentation. Meridian City Council November 9,2004 Page 29 of 39 De Weerd: Anna, while you have that plat up there, can you tell me -- you mentioned that the pathway would go down the Boulevard, but where through this development does it go, then? Canning: It looks like it's coming right here right now and I do believe that they wanted to relocate this portion, though, and we have two more applications in, Mayor, and I know Mr. Tamura is frustrated by my inability to keep up with this project, but I'm not sure if the relocation of this pedestrian path was included with this one or with one of the two other applications we have in on the project and maybe they can provide some information on that. De Weerd: Certainly we have seen this application in many forms. So, would the developer like to come forward? Rountree: Are we getting close? De Weerd: I think this might be it. If you will, please, state your name and address. Tamura: Madam Mayor, Members of the Council, my name is Doug Tamura. My office is at 499 Main Street in Boise, Idaho. De Weerd: Thank you. Tamura: To start with, on the clarification -- could I have the large site plan? We have been working with Brad Hawkins-Clark, but what happened is we were getting an uproar from the neighborhood about trying to put this pathway in next to their homes and so I called Brad up and I told him -- I says, you know, the thing that probably makes sense, you know, one is I think the policy -- or the city's policy was to follow the Jackson Drain, but since it was piped through this section of it and the only logical place to cross Fairview Avenue was at the light that we installed, it seemed like the most -- the best location was right here at Fairview Lakes. So, it follows along up Lakes Boulevard and, then, we thought it would be nice to, you know, bring it in as a buffer in between the single family residential and, then, through our apartment complex, then, when we decided to go to the apartment -- the retirement center, I talked to Brad, because we were in the process -- we had already constructed all of North Lakes Place up to this cul-de-sac and we put in Carol Street in here. But we were just in the process of installing all our infrastructure for the second phase of our office complex, so we included a ten-foot wide sidewalk that's from here to here. I haven't been able to meet with the parks department, because the only thing that we have deficient now is we have got a ten-foot sidewalk from here to here and we have got a ten foot sidewalk across here, but we have only got a five foot sidewalk that wraps around this cul-de-sac. But from this point up we have got a ten foot sidewalk and our plan was to go ahead and provide pedestrian ramps and a ten foot sidewalk that follows along the south boundary of the retirement center and, then, up the west property line and have it exit on the Jackson Drain frontage through here. So, our intent is to go ahead and continue the ten foot pedestrian path. We have got an application submitted to Planning and Meridian City Council November 9, 2004 Page 30 of 39 Zoning that will be heard the first week in December that delineates the future building and it shows the details of that pathway at that time. In regards to the retirement center, the kind of the nitch or the black hole that we fell into with the Planning and Zoning was the City of Meridian has a definition for what a nursing home is, but it doesn't have a definition of what a retirement or assisted living is. For some reason the city requires nursing homes to be in a lesser zone of an R-15. It allows a retirement center to be in a higher zone of R-15 or R-40 and so part of what we are doing with this future is that the future building will have been Alzheimer's -- a 30 unit Alzheimer's and so I'm working with Brad, we are going to go ahead and down zone that whole property down to an R- 15. But the State of Idaho, under their license agreement for both nursing and assisted living, has two separate definitions, so they have a license agreement for a nursing home and they have another license agreement for assisted living, which we fell more under the retirement center definition -- or retirement requirements of the City of Meridian and that's what we worked out with the Planning and Zoning Commission. De Weerd: Any questions for the applicant, Council? Bird: I have none, Mayor. De Weerd: Okay. r guess when you come through with your other application -- my concern is we are starting to get a pathway system that is not clearly delineated and so I would look forward to seeing how that can be clearly marked so people know it is a public pathway and, hopefully, it will connect to something. Tamura: We will meet with the parks department in our presentation to the City Council on the second phase. The second phase also includes the second phase of our commercial. We have got a bank that's going to go on the out pad and we have got some additional retail that we are going to start on the east side of Lakes Place, so that will probably start construction in this spring. We are hoping to start construction on a portion of the assisted living this winter. De Weerd: Thank you. And it looks beautiful right now. Tamura: Well, thank you. You know, I guess the last -- in closing, we concur with all of staff's findings of -- and conditions of approval. Thank you. De Weerd: Thank you. Is there anyone else who would like to provide testimony on this application? Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: I'd like to move to close the Public Hearing. Bird: Second. Meridian City Council November 9, 2004 Page 31 of 39 De Weerd: Okay. The motion is to close the Public Hearing on Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Donnell: And, Madam Mayor, I'd like to move that we approve CUP 04-037 and to modify the Conditional Use Permit. Bird: Second. De Weerd: Okay. The motion is to approve Item 15. Is there any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Donnell: And just as a follow up, Madam Mayor, I hope that you get that done right away. I have a mother-in-law who needs that assisted living soon. Item 16: Public Hearing: MI 04-014 Request to amend the Development Agreement for Lot 1, Block 3, Parcel B of Resolution Subdivision No.1 by Lombard Conrad Architects - southeast corner of East Overland Road and South Millenium Way: De Weerd: Okay. Item 16 is Public Hearing MI 04-014. I will open the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a miscellaneous application to amend the development agreement for Lot 1, Block 3, Parcel B, of Resolution Sub and that is, to reference you, here is Overland Road and this is the entrance to the subdivision. Parcel B is kind of the entry part -- parcel as you enter into the subdivision. As you know, you have seen numerous conditional use permits on the large property to the west where we have the offices and, then, the apartment buildings. The number of dental offices -- they all congregated in this area. A bank. And, then, a request to exclude this property from the further conditions of approval also came forward to Council as a miscellaneous application. Then, this is the remaining vacant property, I believe. You did previously approve a request not to require conditional use approval. At that time staff asked if it were appropriate to amend the entire development agreement and City Council wanted to do it on a case-by-case basis and that's why we are here tonight. We did realize that our tracking system for our new lot split allowances or reduction in platting requirements is not up to par. We could not find record of having approved one on this one. We did, indeed, and we did get a copy of the record of Meridian City Council November 9, 2004 Page 32 of 39 survey, so there are some errors in the staff report regarding that. We do have a record of su rvey that was recorded August 18th of this year. And, therefore, there is an item -- the last partial paragraph on page two of staffs application says if the Council approves the proposed development agreement amendment, any new building on the subject property will still be required to submit a re-subdivision application to divide the lot and we can -- we can strike that requirement, they just will need to do a certificate of zoning compliance application prior to any construction. Because this property is kind of the key entry property to the subdivision, staff did not feel it was appropriate to waive the conditional use requirement after many of the other properties had had to -- have gone through that requirement. I do believe, though, that the applicant is prepared so show you some -- some elevations of the buildings that are proposed on that property and that would certainly be a consideration and wanting -- considering whether or not to waive that requirement. The conditional use requirement has primarily been one where you're looking at the site sign and the detailed elevations, compared to the land uses in this case. We do have commercial uses, I believe, on the other side. It's all zoned commercial north of -- on the north side of Overland and this is where the -- the new theater complex is going north of this property as well. And with that -- I guess there is one other little outstanding issue on this property and that's the high school is trying to find a spot to locate their sign and I guess I'll bring this up now, so that we can have it on the record or at least discuss it with you. There is an issue with off premise signs. I know they want to go on this parcel B. We've had a difficult time finding a way to approve it on the property, so they have also talked about deeding the land to the school and whether or not to put it on an easement or actually own the property and maybe this applicant can answer some of those questions as to what they are doing and maybe Council can give some direction on the proposed sign and -- if that's something that they want to see there. So, with that I will end staff's presentation. That's an unrelated issue, the sign, but just so I have some discussion with you regarding it, I thought I'd take the applicant. De Weerd: Thank you. Any questions for staff at this time? Bird: I have none, Mayor. De Weerd: Okay. Would the applicant like to come forward? If you will, please, state your name and address. Burrows: Madam Mayor, Council Members, I am Sam Burrows with Lombard Conrad Architects. My business is at 1221 Shoreline Lane in Boise. I thank you for giving me the opportunity to talk before you. As staff mentioned, there were some other applications requesting the -- excusing the applicants from the conditional use requirement for the Resolution Business Park and that's what we are asking at this time. We certainly can understand why staff had some reservation about this particular of piece property, simply because it's on Millennium Way and Overland and so it's a very prominent piece of property. We have had -- Lombard Conrad has had a history of doing very quality projects with Meridian. The Meridian Health Plaza. The Spine Institute. Your police station. And some of the credit unions. In fact, the credit union on Meridian City Council November 9,2004 Page 33 of 39 parcel A of this property, before it was split, is from us also. So, with that history, just to give a little background, that our projects are -- we try to do, you know, very sensitive projects for the environment that they are in. Like staff mentioned, it is zoned for this use, so we felt the conditional use applicant was a little overkill, as well as tying up the time of the Council in seeing that thing and doing a lot those issues several times over. We have already met with ACHD, they have no problems with the layout that we have proposed on that site. We have already met with Joe Silva of the fire department and he has no problem with the layout that we have proposed on that site and it seems like it just boils down to what the building is going to look like and so like staff mentioned, if we could have an opportunity to just give you a brief overview of what the outside of the building looks like, just so that -- so that you could see what -- could I have permission to do that? Canning: Sir, there is a microphone just to your right, if you want to use that, so we can get you on record. Burrows: Thank you. Of course, this building is -- we realize this is a very prominent location for this building and we intend very much so to make it kind of a landmark at that entryway. It does meet all the zoning requirements as far as the heights and the square footage and the setbacks, so that's not an issue here. What was the issue was simply what was the building going to look like and it is a two story building, it's going to be medical office, so it's a B occupancy, and it's going to have some accents of stone around the base, as you can see -- well, maybe -- maybe not from that distance, but there is going to be a base of stone and, then, a two tone synthetic stucco finish. It's going to have a mansard roof, which will hide all of the mechanical units on the roof, similar to -- I don't know if you're familiar with the Meridian Health Plaza, but that is a similar design that we used on that. The glass will have a subtle green tint to it and the roofing material will be high profile asphalt shingle. So, mostly, in neutral tones, nothing -- nothing too wild and crazy, but something that is just kind of soft and understated and nice for that part of town. We don't think it's going to clash or conflict with anything else that's going on there. So, with that, if you have any questions of me. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. De Weerd: Shaun? Wardle: Madam Mayor, just to clarify. You said the use was medical office and it does fall within the -- Burrows: Yes. It's a business occupancy. Wardle: Okay. Thank you. De Weerd: Thank you. Meridian City Council November 9, 2004 Page 34 of 39 Burrows: Thank you. De Weerd: I did have one other person signed up to testify. Dave Roberts. State your name and address. Roberts: Madam Mayor, Members of the Council, Dave Roberts, 5418 North Eagle Road, Suite 160 in Boise. De Weerd: Thank you. Roberts: I just want to add to that. Staff did a pretty good job stating the case for the applicant. One thing, just to make you aware of, is timing is very crucial on this deal for the doctor. He's in a lease with St. Luke's at the St. Luke's Meridian Hospital, his lease is up in October of '05. We are prepared moving forward, we have got the architects, mechanical engineer hired, we are prepared to submit building permits to the city mid December in anticipation of having a building permit received in February of '05, to have this building completed in September, because it gives us about a month leeway for the doctor, the construction, weather, things like that. If this doesn't happen, it's probably not going to happen -- this building is not going to happen in the City of Meridian and he will renew a lease with St. Luke's and be up for three as a tenant. So, I think it would be a shame to miss this opportunity and if there is something that the Mayor or Council Members would like to have the staff see more time, I would suggest maybe an opportunity to go back to staff for a week and table it, discuss the CUP, the normal process to discuss the elevation, any issues that staff would have with it, and come back for approval for this process. De Weerd: Thank you. Okay. Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: Just a question. Anna, you made some reference to a sign, the issue of a sign going on that property. Canning: Yes, Madam Mayor and -- you know, no one here may be able to answer that question, but we did have a sign applicant come in saying that a portion of the property was going to be dedicated by Idaho Central Credit Union and, you know, we can't just create that parcel, so I suggested that they find out if it were going to be in an easement, because we don't have a mechanism for dedicating it, other than doing another lot split on this property that's already been split once. We are having a difficult time finding a way to approve the sign in the first place and I didn't want to make it more complicated by not having a legal piece of property to do it on. De Weerd: It looks like Mr. Roberts might be able to answer it. Meridian City Council November 9, 2004 Page 35 of 39 Roberts: Madam Mayor, Members of the Council, and Anna, I can give you a little bit of insight on the sign. The Idaho Central Credit Union, which is the seller of this parcel to our client, has been in discussions with Mountain View High School regarding an off-site sign with a reader board and things like that. Our client has not agreed to anything regarding that. We are in negotiation with Idaho Central Credit Union on where our building is located and we think we have got that all completed and have really made no decision whether we would approve ourselves of that sign on the property or not and I guess I would suggest that if we did approve of that, then, we would, you know, come back to the city and find a way to have that happen successfully if it's the city's choice to do that. But as of now our client has not agreed with anything in regards to that sign. De Weerd: Thank you. Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: Mr. Roberts, I was just going to suggest that if you had said that there would be a sign in big neon that said go Mavericks, that you might get my vote, so -- Bird: And say go Warriors? Donnell: It can that, too, by golly. De Weerd: I don't know if go Warriors would really work over there. Bird: Well, at least it would class it up. De Weerd: Oh, great. Now that we have digressed. Mr. Wardle. Wardle: Madam Mayor, I have a question of Anna. At first glance applicant mentioned maybe looking at the elevations a little closer. At first glance it appears to me this is something that would -- that has been approved in the City of Meridian. Is that your opinion as well? Canning: Madam Mayor, Members of the Council, Council-member Wardle, it does appear to be similar to the office buildings that have gone out there. Some have only been one story. This appears to be two story. We haven't seen a site plan for it. I'm assuming that they have the usual landscape provisions of -- we have actually seen kind of more than necessary landscaping I think out there on this side of the property. I don't know about necessarily on the apartment side, but I think on this side we have seen a little more landscaping than is specifically required. You know, not to dwell on the sign, but we have a sign application in our office asking for approval, so now I'm wondering if we need to hold up on that or not, but-- Meridian City Council November 9, 2004 Page 36 of 39 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think there is some legal complications of putting a sign out there and I'd like Mr. Nary to explain the situation of putting a sign out there. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess I think what the quandary that Mrs. Canning is talking about is that under our off-premise sign ordinance we are not -- we don't allow signs off -- offsite on someone else's property and I think that's the issue that I think she was trying to address is that property going to remain in the ownership of someone else or was that going to be dedicated to the school. I guess the only caution I'd have is it really isn't part of this application and so -- and it hasn't been noticed. I mean I think she was simply looking for guidance on what to do with that and it may have an impact to this particular property. The other thing I guess I would just ask you to consider in trying to formulate what you would like to do on this particular property on granting that waiver they are requesting -- or the amendment to the development agreement, to no longer require a conditional use, it's probably not unreasonable, as I think what Mrs. Canning is saying is is that we haven't really received any site plan, landscaping plan, anything else as an alternative, other than the request to waive that. Now, maybe I misunderstood her and she could clarify that, but it seems to me that if the Council wants to place some of those conditions as some condition precedent to granting this amendment, you certainly could do that. I think you just want to make sure you give staff some direction as to what to be put in the final order from you as to what they would need to provide for this waiver. Or amendment. I'm sorry. De Weerd: Thank you, Mr. Nary. Do you any comment, Anna? Canning: No. He was correct. We just haven't received anything, but to follow up on that Mr. Wardle's comment, I mean the elevations would appear to be nice, I would agree. I mean if the Council wants to just approve it as is, it's -- having staff evaluate it for zoning ordinance requirements, we will have to do that for the certificate of zoning compliance anyway, so they will -- they will have to abide by that and I did not mention in my previous discussion, but there are no conditions of approval with this, so that staff would not have to go back and prepare findings or conditions of approval for you. It is just kind of a thumbs up or thumbs down from the City Council on the matter. De Weerd: Mr. Wardle. Wardle: Madam Mayor, just to follow up. So, Anna, what you're saying is if we were to approve this application, it would remove the conditional use, but it would not remove any of the conditions of the site plan, our landscaping ordinance, and all of those things that are already in place; is that -- Meridian City Council November 9, 2004 Page 37 of 39 Canning: Correct. Wardle: Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: But am I correct this is an amendment -- this is requesting an amendment to the development agreement. Canning: So, you wouldn't need an order. Amending the development agreement did not require a Conditional Use Permit. We wouldn't necessarily need findings, is that-- Canning: Yes, sir. I'm sorry. Nary: Is that right? Canning: There is no findings Of conditions of approval. Nary: Okay. Just an order. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just a point for clarification. Assuming we do move forward with this in a positive way, what kind of language do we need to make sure that it's tied specifically to this application? So, if for some feason it goes south, then, we have an amended development agreement to a new owner. Nary: Madam Mayor, Members of the Council, Council-member Rountree, I think simply the application is only referenced to that one parcel and I think the prior request for amendment have been to different parcels. So, I think as long as it's tied just to that parcel amendment or if you want to put a time limit that whatever action that they are contemplating taking has to occur within a time period for that amendment and the Council can revisit it or put some language like that, but it sounds to me like that's going to happen. So. if you want it tied to the parcel, that's probably adequate to assure that it doesn't apply to the entire property. Canning: Madam Mayor, Council-member Rountree, did you want to tie it to these elevations? Was that the issue you were getting at, because-- Rountree: Yes. Meridian City Council November 9, 2004 Page 38 of 39 Canning: Okay. And I do believe you could do with some statement that it be generally consistent with the elevations provided at this hearing. De Weerd: Does the applicant have any further comment? Burrows: Madam Mayor and Council Members, yeah, our request in the miscellaneous application was just for parcel B and we certainly understand that this is a case-by-case situation and we are just asking for the waiver of that conditional use for parcel B only. De Weerd: Thank you. Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Rountree. You know-- Rountree: Okay, Bob. De Weerd: At least it's one of your names up here, okay? Mr. Wardle. Wardle: I move to close the Public Hearing on Item No. 16. Rountree: Second. De Weerd: Okay. I think the motion was to close the Public Hearing on Item 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Mr. Wardle. Rountree: Madam Mayor, this side of the bench Rountree would like to move that we approve a request on Item 16 for amendment to the development agreement to remove the requirement for conditional use for Lot 1, Block 3, parcel B, and that that be conditioned on the fact the testimony provided by applicant and elevations and the proposal as presented by the applicant be followed through with. Bird: Second. De Weerd: Okay. The motion is to approve Item 16 with the noted comments. Is there any further discussion? Okay. Mr. Wardle, when you miss a meeting you lose your identity. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Meridian City Council November 9, 2004 Page 39 of 39 De Weerd: Thank you so much. Okay. Is there anything further, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: [move we adjourn. Rountree: Second. De Weerd: The motion was by Mr. Bird and seconded by Mr. Rountree one. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:17 P.M. ATTEST: November 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Erstad Thornton Architects AZ 04-026 November 9, 2004 5-C ITEM NO. REQUEST Findings for Approval- Request for Annexation and Zoning of 1.71 acres from RUT to C-G zones for Mountain West Bank - northeast comer of Venture Street and East Fairview Avenue 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: SEnLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings ~(}.rV . Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meoNn"s shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA DECISION & ORDER In the Matter of Annexation and Zoning of 2.48 Acres from RUT to C-G, AND Conditional Use Permit Approval for a New 4,500 Square-Foot Bank with a Drive-Through, by Erstad Thornton Architects. Case Nos. AZ-04-026, CUP-04-035 For the City Council Hearing Date of: October 26, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code g67- 6509. The matters were duly considered by the City Council at the October 26, 2004, public hearing(s). The applicant, affected property owners, and govenunent subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code g67-6509, 6512, and Meridian City Code gg 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. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-031, AND CUP-04-033 - PAGE t of 5 verified that the property owner(s) of record at the time of issuance of these findings are James and Marcelyn Wylie. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the findings required for the Annexation and Zoning application. b. See Exhibit F for the findings required for the Conditional Use Permit application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67- 6503 ). 2. 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. 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ 11-17-9. 4. Due consideration has been given to the cornment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated July 7,2004 as shown in Exhibit B, and the Conditions of Approval in Exhibits C and D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-031, AND CUP-04-033 - PAGE 2 of 5 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July 7, 2004 is hereby conditionally approved; 2. The following change to the Conditional Use Permit Conditions of Approval were made at the City Council hearing; a) Construct a six foot fence along the north property line. 3. The following changes to the Annexation and Zoning Conditions of Approval were made at the City Council hearing; a) The City will enter into a latecomers' agreement for applicable utility extensions, and b) The A TM is excluded from the hours of operation limitation for this site; and, 4. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits 1. 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 pennit holder must commence the use as pennitted 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. lfthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void (MCC 11-17-4.B.). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-D4-031, AND CUP-04-033 - PAGE 3 of 5 concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Iudicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description (2 pages) Exhibit B: Approved Site Plan (with conditions) Exhibit C: Annexation & Zoning Conditions of Approval Exhibit D: Conditional Use Permit Conditions of Approval (all agencies) Exhibit E: Annexation and Zoning Findings Exhibit F: Conditional Use Permit Findings ~ion of~ Council at its regular meeting held on the vein , 2004. . q~ day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~r VOTED-?- VOTED ~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - CITY OF MERIDIAN FINDrNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-031, AND CUP-04-033 - PAGE 4 of 5 SEAL "7 ~ . u OJO 2' ':~ ~'\ oUST 151 ,"" .p.;::::: "'""-'4 ~ ~ .~ 'c -Q "'..::.' '/";', 'OU1\ri. ,:.:.." Copy served upon Applicant, The Plarming'{m&Z~ril:lgl'l;)elJartment, Public Works Department r/ttdct Attest: and City Attorney. By: JQ...9,. Ol. ~} l u.u Ity Clerk's Office Dated: 11-30-04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-03 [, AND CUP-04-033 - PAGE 5 of 5 EXHIBIT A Legal Description (2 pages) Critser~Land Survey 10546 Summenl'i7Ui Drive Boise, Idaho 83704 Boise - (208) 322-6145 Jerome - (208) 324-8824 Fa;" - (208) 322-0369 REQJEST Fffi ~TIQ\I PARCEL DESCRIPT1Ctl REV I SED I..CCATll:N : TC..'MNSHIP 3 N:RiH. RAllO:: I &Sf. OOISE fvERIDIMl. SECTICN 4. PAAT SWtSEt, PDA. <XlNIY, UW.f). M::RE SPECIFICALLY described as follows: Begiming at the Southeast corner for Section 4, thence Nol'th 890 5;1' Stili West 1626.20 feet along the Southerly boundary of Section 4 to the lFlJE !'OINT (F I3ECI N'!IN:: : thence Nal'th 890 5 f I 58" West 367.77 feet along said Southerly booodary to the extended Westerly bolll'ldary of "Venture Street;" thence North 00 07' 12" East 293.54 feet along the Westerly boundary of Venture Street to the extended Southerly boundary of lot 14, "Venture Subdivlsloo," Book 27. Page 1105; thence South 890 53' 21" East (recorded East) 361.54 feet along the Southerly boundary of Venture Subdivision; thence South 00 04' 31" West 293.67 feet to the Southerly boundary of Section 4 and the TRUE FOINT OF BEGII'I'lIl'l:i; Said Parcel containing 2.48 Acres rrore or less. g )1erldinn Public Works Dept.c 1~ ~.~ ~ I to.... H; ~ I 1J~ I ~.[U I i I .~ ]1 >7"" I ;s I~ !~ ~~ ~.. <'; I I ~.~ t I r I [ f I f\ Z :t '<:II ~ ! '~ ~ ""It; ~ ~ :s. "', f'-, ~ ~ !~;;"" ~ ~ ;i1~ I ~ , ,. ! ;:j ~':O'~ ifo );, ;1 <~ " ~" ~ " ~~ ~ ~1.~ ~'t) ~ ~ " . I i i'> " 0 YJ ~ ~ it=: :---"5 ~I , ~l ~. ,~ N aor'l:z" [ - '" : & . '" :~ :; &] '" "" !: ~~ ~i '" ~~""?~ N 0'04 3;J.tFE~' 293.6 it;, ~~~~L \ ;:;';,:1-'- ~ . 'i' r~:,< ~~~; .. ,--' - q, r,'l.oViiiiiALE-"' ROAD ::,. .. j I ~ ; ! ! ~ ~ i ~ ~ i~~i!!SI& ~~ ~~~~ 3 ~ ? ~ ~ \:. f-- I .< ^'; ::~:: ~..., ~ .c ;- .' 0" o' ~.- ~~-: ,^ . n; '. a -E ~;rl;.~.....lr...L 11 ..."..,--~ g i" ~ Z !' '~ II ! i ! r 'i ' :1Zl I ! I , ! I i I ! I II , I I I , , EXHIBIT B Approved Site Plan Mountain West Bank (File CUP-04-035) i I : I II l > I : I ! I ffilli~I"~JI . , " '\ jj i Il.f,:I,,,.. . I ;j. I '12J~!H_,____ I ., 'I -." I "'1 !!LounlalrU'ifl.~1 b!!n1"--. r :;.;, I ~~-l r- '''-1 r----': 'II_~'-__. !._.I__!t~i!:;';~;"I_ ri' I 1ortIo~~~'=..._'~._"1 1__: ..'1'!1 .1 ~~; . II =. "'- -~_:~ ,,~.-. UU _.:3.:1 L;:-':;=~::_---~:---1 I I I ~ , I I ! I I N. VENTURE STREET ---~ - -- f;--'r-'Il -= ')-;'~'IJ--'f~~-~~'~~";J;(~fi:r r ( II - ~. ~'-I (~~ rT a~ 11 I 1 1ft>. 'o"nrOJl1 . ! " ~.~. ;~dj~'lU I! .~ ~ II' 'I (h ' I <" ,-~ ~~l! "i2 I~r -:' 'L1 ,: IL- -! ~ ~ : IIr I I J:lfl1.- ~~iJi 'r I I; =< ~~,-,,-:::::;.;,';-;ff- ~:::-._~",;;-;,;._~.,: , . ~ ~:' ~4:-~ \ .. :_ 1 ' 1-, I ~11'~.;:mmm, i . mmmmi I! I I l,~, 1\ . '1 Jii: ii' . ,,;.. ' I I I T'h I . i l~.___.__. ,,:;.::!c.--.----+-~ . i ..~-~h'i ",' 1 t._--,,-. ).... , I I : : I EXHIBIT C Armexation and Zoning Conditions of Approval Erstad Thornton Architects (File AZ~04-026) The City Council of the City of Meridian hereby approves the Annexation and Zoning as requested by the Applicant for the property described in the application, subject to the following: ANEXATION & ZONING FACTS AND CONDITIONS 1. The legal description submitted with the application (dated 8-9-04, stamped by Richard D. Critser) shows the property as contiguous to the existing corporate boundary ofthe City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision and/or development of this property shall comply with the City of Meridian ordinances in effect at the time. 5. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the property owner(s). The DA shall require that: . All proposed uses on the subject site shall be approved through the Conditional Use Permit process. . Verucular access to this site shall be restricted to those approved by ACHD and the City with the concurrent Conditional Use Permit Application (CUP-04-035). Access to Fairview Avenue, across the parcel to the east is agreeable. . Business hours for the property shall be limited from 7 am to 7 pm, including deliveries, excluding the ATM. 6. The City shall enter into a latecomers' agreement with the applicant with regards to the applicable utility extensions. EXHIBIT D Conditional Use Permit Conditions of Approval Mountain West Bank (File CUP-04-035) The City Council ofthe City of Meridian hereby approves the Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: SITE SPECIFIC CONDITIONS OF APPROVAL (CUP) 1. All conditions of the accompanying Annexation and Zoning (AZ-04-026) application shall also be considered conditions of the Conditional Use Permit (CUP-04-035) application. 2. Unless otherwise approved by ACHD, direct access to this site shall be provided from Venture Street and not Fairview Avenue. Staff recommends that the applicant contact the property owner to the east (Shuerman) to discuss sharing an access to Fairview Avenue. 3. The site plan prepared by Erstad Thornton Architects, labeled a1.ll, and dated 7- 07 -04, showing a drive through on the western portion ofthe subject site is approved with the changes listed herein. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the applicant shall submit a revised site plan that complies with the applicable changes/additions/notes listed in the Site Specific Conditions of this report. 4. Sanitary sewer and domestic water service to this site shall be via main line extension from the existing mains adjacent to the property near the comer of the Wal-Mart site. The applicant shall be responsible for acquiring appropriate standard City of Meridian easements from the property owner for the installation and operation of the sewer mainline on private property. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 5. The submitted landscape plan, prepared by The Land Group, Inc., and dated 7-13- 04 is approved as submitted with the following changes/notes: . Provide a 10-foot wide (minimum) landscape buffer along Venture Street, located entirely outside of any existing right-of-way and any additional right-of-way required by ACHD with this application. All trees shall be located beyond the required street right-of-way. . Provide a 35-foot wide (minimum) landscape buffer along Fairview Avenue, located entirely outside of any existing right-of-way and any additional right-of-way required by ACHD with this application. All trees shall be located beyond the required street right-of-way. . Provide a minimum 25-foot wide landscape buffer along the entire north property line, as proposed. Materials used in the buffer shall be in accordance with MCC 12-13-12-3. . Construct all interior landscape planters (islands) to be a minimum 5-feet in width (measured inside curbs). . 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 are removed (MCC 12-13-13-3). Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the applicant shall submit a revised landscape plan that complies with the changes/additions/notes listed above. 6. The number of off-street parking stalls is approved as shown on the submitted site plan. In accordance with MCC 11-13-5, all standard parking stalls shall be constructed 9-feet by 19-feet minimum and the drive aisles shall be at least 25- feet wide. 7. Building construction shall substantially comply with the elevations prepared by Erstad Thornton Architects, sheet a3.11, dated 7-07-04. Construction materials used on the structure shall be approved by City of Meridian Building Department and be in accordance with the most recent Uniform Building Code. 8. 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. If no permanent fencing is provided on the perimeter, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with MCC 12- 4-10. 10. Comply with the conditions and comments of all City Departments, and other agenCies. 11. The applicant shall coordinate the location and design of trash dumpster(s) with Sanitary Services Company (SSe) staff. Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 12. 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 Deparhnent (M CC 11-19-1). 13. 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. 14. If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 15. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 16. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into 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. 17. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 18. All construction shall conform to the requirements of the Americans with Disabilities Act. 19. Applicant's (or successor's) failure to comply with any ofthe terms of approval ofthe conditional use permit shall be cause for revocation ofthe conditional use permit. 20. Construct a six foot tall fence along the north property line. MERIDIAN FIRE DEPARTMENT 1. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 1'2" 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. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 3. Provide a 20-foot wide Fire Lane for all internal and external roadways. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. With respect to teller lanes, fire lanes shall have a vertical clearance of 13-6". 6. This office/commercial development will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2,397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2,800 in the year 2005 and 3,800 by the year 2010. 7. Maintain a separation of 5~feet from the building to the dumpster enclosure. 8. Provide a knoxbox entry system for the complex. ACHD CONDITIONS OF AFPROV AL Site Specific Conditions of Approval 1. Construct a 5-foot detached concrete sidewalk abutting the site along Fairview Avenue. The face of sidewalk shall be located a minimum of 53-feet from the centerline of Fairview Avenue. If any portion of the sidewalk is located outside of the right-of-way, provide an easement to the District for that sidewalk. 2. Widen the pavement abutting the site on Venture Street to one-half of a 40-foot street section and construct vertical curb, gutter, and a 5-foot concrete sidewalk. 3. Dedicate 2-feet of additional right-of-way abutting the site along Venture Street OR provide an easement to the District for any portion of the sidewalk that is location outside of the right-of-way. 4. Construct two 25-foot wide driveways on Venture Street. These driveways may be constructed as either curb-cut or curb-return type driveways. The first driveway shall be located a minimum of 50-feet from the intersection of Venture Street and Fairview Avenue (measured near edge to near edge). Construct the second driveway 175- feet north of the intersection, as proposed. 5. Direct access to Fairview Avenue is prohibited except for a shared full access driveway at the east property line, IF the existing driveway to the adjacent property is incorporated with the new driveway. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use 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. IRRIGATION DISTRICT CONDITIONS 1. If all stonn drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. 2. 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. Please contact D01ll1a Moore at 466-7861 for further information. 3. All laterals and waste ways must be protected. 4. The developer must comply with Idaho Code 31-3805. 5. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT E Annexation and Zoning Findings Erstad Thornton Architects (File AZ-04-026) The City Council hereby approves the following analysis of required findings by staff: According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in II-IS-II and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, 'commercial' is defined as areas providing a full range of commercial and retail to serve area residents and visitors. Staff finds that the requested zoning designation, C-G, is harmonious with and in accordance with the 2002 Comprehensive Plan and the Future Land Use Map, which designates the land to be "Commercial." Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): . "Pennit new. . . commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the City because it abuts the Records East Subdivision (Wal-Mart) across Fairview Avenue. Sanitary sewer and water to serve this development is currently available on the south side ofFairview Avenue. . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Obj. D, #5) Staff has included conditions for landscaping within this report. . "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, Obj. A, #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 5- foot wide sidewalks adjacent to Pairview Avenue and Venture Street as conditions of approval. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goall, Objective B) Staff believes that the proposed use, bank with drive-through, does contribute to the variety of commercial uses in this area, as envisioned with the Comprehensive Plan. . "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV, Obj. A, #6) While transitional zoning is not proposed (e.g. L-O), the applicant does show a 25100t wide landscape buffer immediately adjacent to Venture Subdivision to the north. The Landscape Ordinance requires a minimum buffer width of 25-feet between single:family residences and commercial uses. As long as the landscape stripslbujfers are constructed in accordance with Meridian City Code (M CC) 12-13, staff believes the intent of this policy is met with the submitted site and landscape plan. . "Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged" (Chapter VII, pg. 98) There are two existing residences immediately adjacent to the property's north boundary, which is approximately 3151eet long (east-west). On the north end of the site, a transitional use is not proposed. Rather, a landscape buffer is proposed, as discussed above. Because this site is only 230:feet deep (north-south), fitting a transitional use between the proposed bank and the single-family homes would be difJicult. Staff finds that the separation shown meets the intent of a transitional use, as long as appropriate screening and noise and light mitigation measures are taken. The Commission and Council should review the seoaration and compatibility of the prooosed commercial users) with Venture Subdivision to the north. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a conditional use permit for a bank with a drive-through on the subject site (CDP-04-035). Staff does not anticipate that the applicant plans to rezone the subject property in the future ifthe accompanying CUP application for a bank with a drive-tlrrough is approved. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Staff finds that the proposed bank building is a permitted use within the requested C-G zone. However, according to City Code the drive-through use requires conditional use permit approval. The applicant is proposing to utilize approximately two-thirds ofthe existing parcel for the proposed bank. There is no use proposed use on the remaining 0.62 acres, eastern portion of the parcel. Future conditional use permit approval may be required, depending on the use on this undeveloped portion ofthe site. See Special Consideration #1 below for further analysis of conditional use permit approval requirements on the undeveloped portion of this site. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Surrounding uses include rural residential properties to the north, retaillcommercial uses to the east, a cemetery to the south, and a turf fann to the west. There has been recent retaillrestaurant/commercial/office development up and down this portion of Fairview Avenue. Additionally, Fairview Avenue is currently improved with 5-lanes. This site is designated 'Commercial' on the Comprehensive Plan Future Land Use Map. Stafffinds that the requested zoning designation of C-G is harmonious with the existing and planned adjacent developments. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed commercial zone/use will change the existing character of the area, but that the proposed zone and future uses should 'be hannonious and appropriate in appearance with the existing and intended character of the area. Staff finds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; To mitigate the possible noise and visual disturbances ofthe proposed commercial use, the applicant is proposing to construct a 25-foot wide landscape buffer along the entire north property line. Said landscape buffer has dense trees and shrubs. Staff is supportive of the proposed landscape buffer along the north property line. There are two potential disturbauces/hazards that staff can envision if the atmexation and zoning and concurrent CUP applications are approved. The first potential disturbance is the potential hours of operation of the bank. Ifthe bank is operating during regular business hours then staff does not believe that the proposed use will be disturbing to the existing residential uses. The second potential disturbance/hazard has to do with vehicular access to and from this site. The lack of any proposed access to this site was a concern of the City in denying the annexation request in 2002 (the subject applicant is proposing two access points onto Venture Street and one access point onto Fairview Avenue with CUP-04-035). During the hearings for the previous aooexation request, the neighbors had differing views on access. Some neighbors did not want this site to take access to Venture Street because it would increase their time to get into and out of their development and because there are kids that play in Venture Street. Other neighbors and ACHD did not want access to be granted to Fairview Avenue because adding access points to arterials contributes to the inefficient movement of cars on the roadway. ACHD considers access points in their analysis of projects and has prepared a staff report that prohibits access to Fairview Avenue. In order to have access to Fairview Avenue, the applicant must receive a modification of ACHD policy. The ACHD Board of Commissioners is scheduled to hear this item on October 6, 2004. Staff supports ACHD staff's recommendation, prohibiting direct lot access to Fairview Avenue, and further recommends that the applicant contact Mr. Shuerman to the east to see ifhe would be willing to share his access to Fairview Avenue with the subject property. Staff finds that if cross access between the subject property and the property to the east is constructed as well as the proposed accesses to Venture Street, the proposed use (access) should not be hazardous to neighboring uses. However, staff does find that increasing the traffic volumes on Venture Street will be an inconvenience to the existing residence as Venture Street is the only way to get into and out of the subdivision. The Commission and Council should rely on public testimony to determine whether or not the potential disturbances will substantially affect the existing or future neighboring uses. As noted above, there is approximately 0.62 acres on the eastern side ofthis site that the applicant is not proposing to develop at this time. In order for staff to ensure that this future use is not hazardous or disturbing to the existing and future neighboring uses, staff is recommending that all future uses be required to obtain CUP approval. See Special Consideration #1 below for further information. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer and water to serve this development is currently available on the south side of Fairview Avenue. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. The ACHD Board of Commissioners is scheduled to hear this development proposal on October 6, 2004. Because vehicular access to this site is currently provided from substandard streets (Venture and Fairview), ACHD is requiring the applicant to install improvements such as curb, gutter, sidewalk, and pavement widening on Venture Avenue and sidewalk on Fairview Avenue. Please review the ACHD report for additional information regarding this finding. On September 10, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the -proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. 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; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire and police facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes that traffic and noise will increase with the approval of this development; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed commercial zoning/use will not be detrimental to people, property or the general welfare of the area. J. Will the area 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 one new driveway to Fairview Avenue and two new driveways to Venture Street. ACHD considers vehicular approaches in their analysis ofprojects and has prepared a staffreport that prohibits access to Fairview Avenue. In order to have access to Fairview Avenue, the applicant must receive a modification of ACHD policy from the Board of Commissioners. The ACHD Board of Commissioners is scheduled to hear this item on October 6, 2004. The proposed access points to Venture Street meet ACHD policy for location. Staff finds that the least amount ofinterference to traffic on the surrounding public streets will occur if cross access between the subject property and the property to the east (Shuerman) is constructed, and the proposed access points to Venture Street are constructed. However, staff does find that increasing the traffic volumes on Venture Street will be an inconvenience to the existing residence as Venture Street is the only way to get into and out of the subdivision. The proposed site plan shows three drive-through windows with each lane able to stack approximately 3 to 4 cars. Staffis supportive of the proposed drive-through lanes as they should not interfere with traffic on Venture Street or Fairview Avenue. The Commission and Council should rely on public testimony, ACHD's Commission action, and staff's analysis when determining whether or not the vehicular approaches and drive-through lanes will create an interference with traffic on surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in substantial compliance with the City's comprehensive plan and development ordinances. The land to the southwest of the subject property was previously annexed into the City and this is a logical expansion of existing zoning and land uses. In accordance with the findings listed above, staff finds that the annexation/zoning of this property would be in the best interest of the City. EXHIBIT F Conditional Use Permit Findings Mountain West Bank (File CUP-04-035) The City Council hereby approves the following analysis of required findings by staff: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall 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; Parking stalls are required at the rate of one space per 200 s.f. of gross floor area for banks (MCC 11-13-5.B). Thirty-four parking spaces are proposed; twenty- tlrree parking spaces are required (minimum). Staff finds that the project should have ample parking. The proposed site plan shows three drive-through windows with each lane able to stack approximately 3 to 4 cars. Staffis supportive of the proposed drive-through lanes as they should not interfere with internal traffic flows or traffic flows on Venture Street. All proposed setbacks and landscaping meet the minimum standards outlined in Titles 11 and 12, Meridian City Code. Staff finds that the subject property is large enough to accommodate the required yards (setbacks), open spaces, parking, landscaping and other features required by the 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; The Comprehensive Plan Land Use Map designates the property as "CommerciaL" MCC 11-8-1, Schedule of Use Control, allows for drive-in establislnnents through the conditional use process in the requested C-G zone. Staff finds that the requested bank use is in compliance with the Comprehensive Plan Future Land Use Map and that if approved as a CUP the project will be in compliance with MCC. Please see the findings in section "A" ofthe Annexation and Zoning portion of this report for further analysis. 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; Please see the findings in section "E" of the Annexation and Zoning portion of this report. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Please see the findings in sections "F", "I" and "J" of the Annexation and Zoning portion of this report. The Commission and Council should rely upon public testimony to determine if the development will adversely affect the other property 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; Please see the findings in section "G" of the Annexation and Zoning portion of this report. 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; Please see the findings in sections "G", "H" and "I" of the Annexation and Zoning portion of this report. 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; Please see the findings in sections "1" and "J" of the Annexation and Zoning portion ofthis report. 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 one new driveway to Fairview Avenue and two new driveways to Venture Street. ACHD considers vehicular approaches in their analysis of projects and has prepared a staff report that prohibits access to Fairview Avenue. In order to have access to Fairview Avenue, the applicant must receive a modification of ACHD policy from the Board of Commissioners. The ACHD Board of Commissioners is scheduled to hear this item on October 6, 2004. The proposed site plan shows three drive-through windows with each lane able to stack approximately 3 to 4 cars. The drive-through lanes are located on the west side of the proposed bank building. Staff is supportive of the proposed drive- through lanes as they should not interfere with internal traffic flow or traffic flows on the abutting roadways. The Commission and Council should rely on public testimony, ACHD Commission action, and staffs analysis when determining whether or not the vehicular approaches create an interference with traffic on surrounding public streets. Please see the Findings in section "J" in the Annexation and Zoning portion of this report for more analysis. 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 unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. November 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Erstad Thornton Architects CUP 04..Q35 November 9.2004 ITEM NO. 5-D REQUEST Findings for Approval - Request for a Conditional Use Permit for a bank with drive up service lanes in a proposed C-G zone for Mountain West Bank - northeast comer of Venture Street and East Fairview 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 Findings M~v-U Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pUblic meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW A DECISION & ORDER In the Matter of Annexation and Zoning of 2.48 Acres from RUT to C-G, AND Conditional Use Permit Approval for a New 4,500 Square-Foot Bank with a Drive-Through, by Erstad Thornton Architects. Case Nos. AZ-04-026, CUP-04-035 For the City Council Hearing Date of: October 26, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries ofthe property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matters were duly considered by the City Council at the October 26, 2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code ~S 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. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-031, AND CUP-04-033 - PAGE I of 5 verified that the property owner(s) of record at the time of issuance of these findings are James and Marcelyn Wylie. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the findings required for the Annexation and Zoning application. b. See Exhibit F for the findings required for the Conditional Use Permit application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. ~67- 6503). 2. 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. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code g 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated July 7, 2004 as shown in Exhibit B, and the Conditions of Approval in Exhibits C and D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code g 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-031, AND CUP-04-033 - PAGE 2 of 5 ( 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July 7, 2004 is hereby conditionally approved; 2. The following change to the Conditional Use Permit Conditions of Approval were made at the City Council hearing; a) Construct a six foot fence along the north property line. 3. The following changes to the Annexation and Zoning Conditions of Approval were made at the City Council hearing; a) The City will enter into a latecomers' agreement for applicable utility extensions, and b) The A TM is excluded from the hours of operation limitation for this site; and, 4. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits I. 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 pennits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void (MCC l1-17-4.B.). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-031, AND CUP-04-033 - PAGE 3 of 5 concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Iudicial Review may be filed. 2. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code ~ 67~6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description (2 pages) Exhibit B: Approved Site Plan (with conditions) Exhibit C: Annexation & Zoning Conditions of Approval Exhibit D: Conditional Use Permit Conditions of Approval (all agencies) Exhibit E: Annexation and Zoning Findings Exhibit F: Conditional Use Permit Findings 1 F!i- day of COUNCIL MEMBER KEITH BIRD VOTED~ VOTED -A:BSENT~ VOTED r VOTED ~ COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP.04-031, AND CUP-04-033 - PAGE 4 of 5 Attest: -;;. ~ ~~ William G. Berg, Jr., City - - .;::- and City Attorney. By: ~ J)..lfV\...- City Clerk's Office Dated:---.11. 30 -01 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER CASE NOS. AZ-04-024, PP-04-031, AND CUP-04-033 - PAGE 5 of 5 EXHIBIT A Legal Description (2 pages) CritserLand Survey 10546 Summenvind Drive Boise, Ida1lo 83704 Boise - (208) 322-6145 Jerome - (208) 324-8824 Fax - (208) 322-0369 REQJEST FeR MflEXATIQ'.J PARCEL DESCRI PrIeN ~ lOCATleN: "ll:l\NSHIP 3 w:RTH, RAN:;E 1 fAST. a:>ISE M:RlDINol. SECTICN 4, PART $\V_SE!, N:>A aJ..N1Y. IMD. /v'CflE SPECIFICALLY described as follows: Beginning at the Southeast corner for Section 4; thence No..th 890 5;1' Stl" West 1626.20 feet along the Southerly boundary of Section II to the 1RJE FOINT OF BEGIf\f\lIn::i: thence Nal'th 890 51' 58" West 367.17 feet a long said Southerly boundary to the extended Westerly boundary of ''Venture Street;" thence North 0" 07' 12" East 293.54 feet along the westerly boundary of Venture Street to the extended Southerly boundary of Lot 14. "Venture Subdivision," Book 27, Page 1705; thenCe South 89<> 53' 21" East (recorded East) 367.54 feet along the Southerly boundary of Venture Subdivision; thence South 00 Oli' 31" West 293.67 feet to the Southerly boundary of Section II and the 1RJE FOINT OF BEG 1 t-NI NG; Said Parcel containing 2.48 Acres more or less. g :Meridian Public Works Dept. 1..>> ,- I to. I ~!i I ;1' i' i J' I I~ "" '10 8 ~~ :> I" L: I I i\ :: z: ~ {it ~ ~ I'g ~. ~ : "', i'" ~ ~ I "" ~ ~ r~3:"'J . :;j H.r,~ I ~ :... ;; N~<' 1 r I I I I I r ~q ~l H H 0'07'1 'r" r "'1 ~1 !it ~~ l1~ ~fi~ ~4';1 o ,/ 29~54' >_ Z !!,."!!y/!E STrlEST.>"I>- .(p~'t'UG 51I1iin-1"T"n. }I O"!'O.tl~ f . 2l.lJ~' ~ f~~tn /' ~~ ti , , ;2.;;~~,- ... ~ t . '" ~ ~ ;t? ~..~ ~i !::~ . ~ '" \~ ~~-<)..., ~ 0'0....:5~;4~. 28.l.Gr if., ~'~J \ \ '>1 ;r' :;'? ~~ ;, ~> ~~ ,. i: <. C' v'O ,,: '" ~ " t .. ~., ., ":.. "...._- rz CI.OVERDALE RO'! D ~ ~ " j I ;<> ~ E ,. ~ 1+, Q e " i 1 , ~ ~ ~ ~ ~ ~ ~ ~ ~ < tt e ~ ~ ~ i ~ g i~!~!~~f ~ l ~ ~ ~ ' ~ ~ ~ li: ~ f- .' ." ..> "'~~ ""'" ;. ." ." ,," ~... "'~~ C'~ ... -~ ~~ ' t ~f+---?1: '" ~ z !' .~ I I ! I I EXHIBIT B Approved Site Plan Mountain West Bank (File CUP-04-035) I , i f II / ' I I I I I ~""'~l '!f;l'; , ii.l.W"""" -'1.-' !jJ ,- .,- I' j' I 1'1'!1; J' ,j : I'" 1 ., ;;: i, ~ : 'i . 11 ), . Ii I ' 'ii,.._W __.__. __ ~ ~-::~~---~,_. ....~ ~~~. '11 II.' ; , , ijijl · ,'; i, m<:>Un@J!).,w.e.sL~anL . i..:,!: I cq..'il~' I. :. . /" ~ ~ ,I, ~~ ;i~;." fl... -1,.1... '...........-fn.......b."'" ....., I 'I:i!. I... ,~:. ._.. ~_._ ". ill 1== l' q! \ lid I -. r """"""-.-1 LJ~~ L':-~.'~"'''--'-===:::J 1 ~,~,<.---': -_.______......~ ~~~~ __.~, __.__.__'__,~..,...~~~_.~~,.,.",_",,~,_.~_ ~."~.,~'""'_..~~ '. e 1'1~ f ~~ I! I; I ! I ~- VE~TURE STREET -~,.,,~ -------~- - - r=r,I~T:'li' ='l:::,~~~!:, '~!f;;;';~~tcr r { ~t~1 - r~ ':; ~J'! -I 1~+1 , (.MFJ ~rl . " W-l~~' ~Jl~u ~~ "'~9- ~~: r I i ; ]I)~\ , ;L;.l l:~-- ~! ~ I. :;; ,L j Q' l ~!~..~ ,=~~ : r / i =:~ '. ,~'::;\;';(hk' ~~~.~ "~~l '. I ~ "-~J-~ 1; - _,,,l: .! , < ~ " ~ ~ '{I')"'H"]'" [. l'fL.b III .r.;[) I ( : ,l, I '1 ! ,Lr:~: I . ! h~. ' i.. , j " +- . - -'---,?;i~'-;;-"------r- t__.~:::~,~,.b..-':j__"'-r~._ , , I ' , I II ! ! I ! J ! I : I I I EXHIBIT C Annexation and Zoning Conditions of Approval Erstad Thornton Architects (File AZ-04-026) The City Council of the City of Meridian hereby approves the Annexation and Zoning as requested by the Applicant for the property described in the application, subject to the following: ANEXATION & ZONING FACTS AND CONDITIONS 1. The legal description submitted with the application (dated 8-9-04, stamped by Richard D. Critser) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements ofthe City of Meridian and the Idaho State Tax Commission. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision and/or development of this property shall comply with the City of Meridian ordinances in effect at the time. 5. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the property owner(s). The DA shall require that: . All proposed uses on the subject site shall be approved through the Conditional Use Permit process. . Vehicular access to this site shall be restricted to those approved by ACHD and the City with the concurrent Conditional Use Permit Application (CUP-04-035). Access to Fairview Avenue, across the parcel to the east is agreeable. . Business hours for the property shall be limited from 7 am to 7 pm, including deliveries, excluding the ATM. 6. The City shall enter into a latecomers' agreement with the applicant with regards to the applicable utility extensions. EXHIBIT D Conditional Use Penuit Conditions of Approval Mountain West Bank (File CUP-04-035) The City Council of the City of Meridian hereby approves the Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: SITE SPECIFIC CONDITIONS OF APPROVAL (CUP) 1. All conditions of the accompanying Annexation and Zoning (AZ-04-026) application shall also be considered conditions of the Conditional Use Permit (CUP-04-035) application. 2. Unless otherwise approved by ACHD, direct access to this site shall be provided from Venture Street and not Fairview Avenue. Staff recommends that the applicant contact the property owner to the east (Shuerman) to discuss sharing an access to Fairview Avenue. 3. The site plan prepared by Erstad Thornton Architects, labeled aI.II, and dated 7- 07-04, showing a drive through on the western portion of the subject site is approved with the changes listed herein. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the applicant shall submit a revised site plan that complies with the applicable changes/additions/notes listed in the Site Specific Conditions of this report. 4. Sanitary sewer and domestic water service to this site shall be via main line extension from the existing mains adjacent to the property near the comer ofthe Wal-Mart site. The applicant shall be responsible for acquiring appropriate standard City of Meridian easements from the property owner for the installation and operation of the sewer mainline on private property. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 5. The submitted landscape plan, prepared by The Land Group, Inc., and dated 7-13- 04 is approved as submitted with the following changes/notes: . Provide a IO-foot wide (minimum) landscape buffer along Venture Street, located entirely outside of any existing right-of-way and any additional right-of-way required by ACHD with this application. All trees shall be located beyond the required street right-of-way. . Provide a 35-foot wide (minimum) landscape buffer along Fairview Avenue, located entirely outside of any existing right-of-way and any additional right-of-way required by ACHD with this application. All trees shall be located beyond the required street right-of-way. . Provide a minimum 25-foot wide landscape buffer along the entire north property line, as proposed. Materials used in the buffer shall be in accordance with MCC 12-13-12-3. . Construct all interior landscape planters (islands) to be a minimum 5-feet in width (measured inside curbs). . 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 are removed (MCC 12-13-13-3). Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the applicant shall submit a revised landscape plan that complies with the changes/additions/notes listed above. 6. The number of off-street parking stalls is approved as shown on the submitted site plan. In accordance with MCC 11-13-5, all standard parking stalls shall be constructed 9~feet by 19-feet minimum and the drive aisles shall be at least 25- feet wide. 7. Building construction shall substantially comply with the elevations prepared by Erstad Thornton Architects, sheet a3.II, dated 7-07-04. Construction materials used on the structure shall be approved by City of Meridian Building Department and be in accordance with the most recent Uniform Building Code. 8. 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. If no permanent fencing is provided on the perimeter, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with MCC 12- 4-10. 10. Comply with the conditions and comments of all City Departments, and other agenCies. 11. The applicant shall coordinate the location and design oftrash dumpster(s) with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSe. All dumpster(s) must be screened in accordance with MCC 11-12-l.C. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 12. 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). 13. 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. 14. If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 15. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. ] 6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Envirorunental 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 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. 17. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 18. All construction shall conform to the requirements of the Americans with Disabilities Act. 19. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation ofthe conditional use permit. 20. Construct a six foot tall fence along the north property line. MERIDIAN FIRE DEPARTMENT I. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 3. Provide a 20-foot wide Fire Lane for all internal and external roadways. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. With respect to teller lanes, fire lanes shall have a vertical clearance of 13-6". 6. This office/commercial development will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2,397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2,800 in the year 2005 and 3,800 by the year 2010. 7. Maintain a separation of 5-feet from the building to the dumpster enclosure. 8. Provide a knoxbox entry system for the complex. ACHD CONDITIONS OF ApPROVAL Site Specific Conditions of Approval 1. Construct a 5-foot detached concrete sidewalk abutting the site along Fairview Avenue. The face of sidewalk shall be located a minimum of 53-feet from the centerline of Fairview Avenue. If any portion of the sidewalk is located outside of the right-of-way, provide an easement to the District for that sidewalk. 2. Widen the pavement abutting the site on Venture Street to one~half of a 40-foot street section and construct vertical curb, gutter, and a 5-foot concrete sidewalk. 3. Dedicate 2-feet of additional right-of-way abutting the site along Venture Street OR provide an easement to the District for any portion of the sidewalk that is location outside of the right-of~way. 4. Construct two 25-foot wide driveways on Venture Street. These driveways may be constructed as either curb-cut or curb-return type dliveways. The first driveway shall be located a minimum of 50-feet from the intersection of Venture Street and Fairview Avenue (measured near edge to near edge). Construct the second driveway 175-feet north of the intersection, as proposed. 5. Direct access to Fairview Avenue is prohibited except for a shared full access driveway at the east property line, IF the existing driveway to the adjacent property is incorporated with the new driveway. 6. Comply with all Standard Conditions of ApprovaL Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use 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. IRRIGATION DISTRICT CONDITIONS 1. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. 2. 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. Please contact Donna Moore at 466-7861 for further information. 3. All laterals and waste ways must be protected. 4. The developer must comply with Idaho Code 31-3805. 5. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT E Annexation and Zoning Findings Erstad Thornton Architects (File AZ-04-026) The City Council hereby approves the following analysis of required findings by staff: According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required Uto review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, 'commercial' is defined as areas providing a full range of commercial and retail to serve area residents and visitors. Staff finds that the requested zoning designation, C-G, is harmonious with and in accordance with the 2002 Comprehensive Plan and the Future Land Use Map, which designates the land to be "Commercial." Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): . "Permit new. . . commercial development only where urban services can be reasonably provided at the time offinal approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the City because it abuts the Records East Subdivision (Wal-Mart) across Fairview Avenue. Sanitary sewer and water to serve this development is currently available on the south side of Fairview Avenue. . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Obj. D, #5) Staff has included conditions for landscaping within this report. . "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, Obj. A, #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 5- foot wide sidewalks adjacent to Fairview Avenue and Venture Street as conditions of approval. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goall, Objective B) Staff believes that the proposed use, bank with drive-through, does contribute to the variety of commercial uses in this area, as envisioned with the Comprehensive Plan. . "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV, Obj. A, #6) While transitional zoning is not proposed (e.g. L-O), the applicant does show a 25-foot wide landscape bufftr immediately adjacent to Venture Subdivision to the north. The Landscape Ordinance requires a minimum buffer width of 25-feet between single-family residences and commercial uses. As long as the landscape strips/buffers are constructed in accordance with Meridian City Code (MCC) 12-13, staffbelieves the intent of this policy is met with the submitted site and landscape plan. . "Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged" (Chapter VII, pg. 98) There are two existing residences immediately adjacent to the property's north boundary, which is approximately 315-feet long (east-west). On the north end of the site, a transitional use is not proposed. Rather, a landscape buffer is proposed, as discussed above. Because this site is only 230-feet deep (north~south), fitting a transitional use between the proposed bank and the single-family homes would be difficult. Staff finds that the separation shown meets the intent of a transitional use, as long as appropriate screening and noise and light mitigation measures are taken. The Commission and Council should review the seoaration and comoatibility of the proposed commercial users) with Venture Subdivision to the north. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a conditional use permit for a bank with a drive-through on the subject site (CUP~04-035). Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP application for a bank with a drive-through is approved. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Staff finds that the proposed bank building is a permitted use within the requested C-G zone. However, according to City Code the drive~through use requires conditional use permit approval. The applicant is proposing to utilize approximately two-thirds of the existing parcel for the proposed bank. There is no use proposed use on the remaining 0.62 acres~ eastern portion of the parce1. Future conditional use permit approval may be required, depending on the use on this undeveloped portion of the site. See Special Consideration #1 below for further analysis of conditional use permit approval requirements on the undeveloped portion of this site. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Surrounding uses include rural residential properties to the north, retail/commercial uses to the east, a cemetery to the south, and a turf farm to the west. There has been recent retail/restaurantlcommercialloffice development up and down this portion ofFairview A venue. Additionally, Fairview Avenue is currently improved with 5-lanes. This site is designated 'Commercial' on the Comprehensive Plan Future Land Use Map. Staff finds that the requested zoning designation of C-G is harmonious with the existing and planned adj acent developments. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed commercial zone/use will change the existing character of the area, but that the proposed zone and future uses should be harmonious and appropriate in appearance with the existing and intended character of the area. Staff finds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; To mitigate the possible noise and visual disturbances of the proposed commercial use, the applicant is proposing to construct a 25-foot wide landscape buffer along the entire north property line. Said landscape buffer has dense trees and shrubs. Staff is supportive of the proposed landscape buffer along the north property line. There are two potential disturbanceslhazards that staff can envision if the annexation and zoning and concurrent CUP applications are approved. The first potential disturbance is the potential hours of operation of the bank. If the bank is operating during regular business hours then staff does not believe that the proposed use will be disturbing to the existing residential uses. The second potential disturbance/hazard has to do with vehicular access to and from this site. The lack of any proposed access to this site was a concern of the City in denying the annexation request in 2002 (the subject applicant is proposing two access points onto Venture Street and one access point onto Fairview Avenue with CUP-04-035). During the hearings for the previous annexation request, the neighbors had differing views on access. Some neighbors did not want this site to take access to Venture Street because it would increase their time to get into and out oftheir development and because there are kids that play in Venture Street. Other neighbors and ACHD did not want access to be granted to Fairview Avenue because adding access points to arterials contributes to the inefficient movement of cars on the roadway. ACHD considers access points in their analysis of projects and has prepared a staff report that prohibits access to Fairview Avenue. In order to have access to Fairview A venue, the applicant must receive a modification of ACHD policy. The ACHD Board of Commissioners is scheduled to hear this item on October 6, 2004. Staff supports ACHD staffs recommendation, prohibiting direct lot access to Fairview Avenue, and further recommends that the applicant contact Mr. Shuerman to the east to see ifhe would be willing to share his access to Fairview Avenue with the subject property. Staff finds that if cross access between the subject property and the property to the east is constructed as well as the proposed accesses to Venture Street, the proposed use (access) should not be hazardous to neighboring uses. However, staff does find that increasing the traffic volumes on Venture Street will be an inconvenience to the existing residence as Venture Street is the only way to get into and out of the subdivision. The Commission and Council should rely on public testimony to determine whether or not the potential disturbances will substantially affect the existing or future neighboring uses. As noted above, there is approximately 0.62 acres on the eastern side of this site that the applicant is not proposing to develop at this time. In order for staff to ensure that this future use is not hazardous or disturbing to the existing and future neighboring uses, staff is recommending that all future uses be required to obtain CUP approval. See Special Consideration #1 below for further information. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer and water to serve this development is currently available on the south side of Fairview Avenue. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. The ACHD Board of Commissioners is scheduled to hear this development proposal on October 6,2004. Because vehicular access to this site is currently provided from substandard streets (Venture and Fairview), ACHD is requiring the applicant to install improvements such as curb, gutter, sidewalk, and pavement widening on Venture Avenue and sidewalk on Fairview Avenue. Please review the ACHD report for additional information regarding this finding. On September 10, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. 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; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire and police facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes that traffic and noise will increase with the approval of this development; however, staff does not believe that the amount generated will be detrimental to the general welfare ofthe public. Staff does not anticipate the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed commercial zoning/use will not be detrimental to people, property or the general welfare of the area. J. Will the area 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 one new driveway to Fairview Avenue and two new driveways to Venture Street. ACHD considers vehicular approaches in their analysis of projects and has prepared a staff report that prohibits access to Fairview Avenue. In order to have access to Fairview Avenue, the applicant must receive a modification of ACHD policy from the Board of Commissioners. The ACHD Board of Commissioners is scheduled to hear this item on October 6, 2004. The proposed access points to Venture Street meet ACHD policy for location. Staff finds that the least amount of interference to traffic on the surrounding public streets will occur if cross access between the subject property and the property to the east (Shuerman) is constructed, and the proposed access points to Venture Street are constructed. However, staff does find that increasing the traffic volumes on Venture Street will be an inconvenience to the existing residence as Venture Street is the only way to get into and out ofthe subdivision. The proposed site plan shows three drive-through windows with each lane able to stack approximately 3 to 4 cars. Staffis supportive of the proposed drive-through lanes as they should not interfere with traffic on Venture Street or Fairview A venue. The Commission and Council should rely on public testimony, ACHD's Commission action, and staffs analysis when determining whether or not the vehicular approaches and drive-through lanes will create an interference with traffic on surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in substantial compliance with the City's comprehensive plan and development ordinances. The land to the southwest of the subject property was previously annexed into the City and this is a logical expansion of existing zoning and land uses. In accordance with the findings listed above, stafffinds that the annexation/zoning ofthis property would be in the best interest of the City. EXHIBIT F Conditional Use Permit Findings Mountain West Bank (File CUP-04-035) The City Council hereby approves the following analysis of required findings by staff: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in tenns of the following and may approve a conditional use pennit if they shall 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; Parking stalls are required at the rate of one space per 200 s.f. of gross floor area for banks (MCC 11-13-5.B). Thirty-four parking spaces are proposed; twenty- three parking spaces are required (minimum). Staff finds that the project should have ample parking. The proposed site plan shows three drive-through windows with each lane able to stack approximately 3 to 4 cars. Staff is supportive of the proposed drive-through lanes as they should not interfere with internal traffic flows or traffic flows on Venture Street. All proposed setbacks and landscaping meet the minimum standards outlined in Titles 11 and 12, Meridian City Code. Staff finds that the subject property is large enough to accommodate the required yards (setbacks), open spaces, parking, landscaping and other features required by the 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; The Comprehensive Plan Land Use Map designates the property as "Commercial." MCC 11-8-1, Schedule of Use Control, allows for drive-in establishments through the conditional use process in the requested C-G zone. Stafffinds that the requested bank use is in compliance with the Comprehensive Plan Future Land Use Map and that if approved as a CUP the project will be in compliance with MCC. Please see the findings in section "A" of the Annexation and Zoning portion of this report for further analysis. 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; Please see the findings in section "E" of the Annexation and Zoning portion of this report. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Please see the findings in sections "F", "I" and "J" of the Annexation and Zoning portion of this report. The Commission and Council should rely upon public testimony to determine if the development will adversely affect the other property 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 shaU be able to provide adequately any such services; Please see the findings in section "0" of the Annexation and Zoning portion of this report. 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; Please see the findings in sections "0", "H" and "I" of the Annexation and Zoning pOliion of this report. 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; Please see the findings in sections "I" and "J" of the Annexation and Zoning portion of this report. 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 one new driveway to Fairview A venue and two new driveways to Venture Street. ACHD considers vehicular approaches in their analysis of projects and has prepared a staff report that prohibits access to Fairview Avenue. In order to have access to Fairview Avenue, the applicant must receive a modification of ACHD policy from the Board of Commissioners. The ACHD Board of Commissioners is scheduled to hear tills item on October 6, 2004. The proposed site plan shows three drive-through windows with each lane able to stack approximately 3 to 4 cars. The drive-through lanes are located on the west side of the proposed bank building. Staffis supportive ofthe proposed drive- through lanes as they should not interfere with internal traffic flow or traffic flows on the abutting roadways. The Commission and Council should rely on public testimony, ACHD Commission action, and staff's analysis when determining whether or not the vehicular approaches create an interference with traffic on surrounding public streets. Please see the Findings in section "J" in the Annexation and Zoning portion of this report for more analysis. 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 unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. November 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT November 9, 2004 ITEM NO. 5..E REQUEST Water Main Easement for Water Main Easement 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 ~vV Confacted: Emailed: Date: Staff Initials: Phone: Materials presented at publiC meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEIVED NOV 0 2 2004 City Of Meridian City Clerk Office Memo To: Mayor de Weerd & City Council From: Karie Glenn cc: File Date: 11/1/2004 Re: Proposed Agenda Items for 11/9/04 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 11/9/04 City Council agenda, on the Consent Agenda, for Council's consideration: S1( 1) Water Main Easement for Water Main Easement Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Water Main Easement and authorize the Mayor to sign and City Clerk to attest. 2) Streetliqht Aqreement for Cedar Sprinqs #4. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Cedar Springs #4 and authorize the Mayor to sign and City Clerk to attest. 3) Streetlight Aqreement for Lochsa Falls #9. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls #9 and authorize the Mayor to sign and City Clerk to attest. 4) Streetlight Aqreement for Lochsa Falls #10. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls #10 and authorize the Mayor to sign and City Clerk to attest. . Page 1 5) Streetlight Agreement for Lochsa Falls #11. Typical Streetlight Agreement. Recommended Councif Action: Approve the Streetlight Agreement for Lochsa Falls #11 and authorize the Mayor to sign and City Clerk to'attest. Thank you for your consideration. fIl Page 2 WATER MAIN EASEMENT THIS INDENTURE, made this _ day of ,20_between RafanelIi & Nahas, L.P., the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: \VHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and \VHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and \VHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. . IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR THE GRANTORS do hereby covenant With the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS "WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GJ! ,/ f/ ,,~ Steve Wensel, Authorized Agent Rafanelli & Nahas, LP., an Idaho Limited Partnership STATE OF IDAHO) ) ss County of Ada ) On this j 9 day of 0 ctobtf , 20Q.2t, before me, the undersigned, a Notary Public in and for said State, personally appeared Steve Wensel , known or identified to me to be the Authorized Agent of the Limited Partnership that executed the within instrument, and acknowledged to me that he executed this instrument on behalf of said Limited Partnership. IN WITNESS "WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) "" " ""."" :to"". M t,,#; ....".. \~l\ O'l'~ ~;## ......0..1) ......... <......., ~ .:> y . ...~- ~ ... ~.o .. .....;..: ~ ! ~ l ~OTA~ L. .......... -:. :.\7' r\-: : : --.~ . * : - * . . ~ -. C.. ~ ~ PUB\"'\ l S -. .- '=:. if' ... ...AC ! ~.. />"'1 .;:........ ~'I,.T ...... .......... ~ 'lJ 0 F \\) ,,,...... ""'"U.""" ~M# NOTARY PUBLIC FOR IDAHO Residing at ~ol5t Commission Expires: ? -9 - lootJ..! Water Main Easement EASMT WTR GRANTEE: CITY OF MERIDIAN Tanuny de Weerd, Mayor Attest by Williarl! G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WilLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above "WTitten. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR Project No. 04-134 2004 Exhibit "A" October 13, Description for City of Meridian Water Easement Lots 21 and 22, Block 2 Central Valley Corporate Park #6 Subdivision A 20 foot wide strip of land being a portion of Lot 21 and Lot 22, Block 2, Central Valley Corporate Park No.6 Subdivision as filed in book 76 of plats at pages 7960-7964, Records of Ada County, Idaho, the centerline ofwmch is more particularly described as follows: Commencing at the most southerly comer of said Lot 21; Thence along the southeasterly boundary line of said Lot 21 North 51 DOT 17" East, 267.34 Feet to the REAL POINT OF BEGINNING; Thence leaving said southeasterly boundary line and along the centerline of said 20 foot wide strip ofland the following ten courses and distances: North 38053'01" West, 122.73 feet; North 51006'59" East, 29.67 feet; South 51006'59" West, 29.67 feet; North 38053'01" West, 21.78 feet; North 51006'59" East, 27.36 feet; South 51006'59" West, 27.36 feet; North 38053'01" West, 16.26 feet; South 51006'59" West. 28.80 feet; North 51006' 59" East. 28.80 feet; North 38053'01" West, 3.95 feet; Thence North 00028'00" West, 36.87 feet to the Point of Terminus. The sidelines of the above described strip of land shall be extended or shortened to terminate at said southeasterly boundary line and the exterior footings of any constructed commercial building structures. Prepared By: Idaho Survey Group, P.e. I --,--,..-....,__~_..,..J I I J J I I I I I L---________________J I I I I I I L______. (~ ,is LOT 22, BLOCK 2 ;1JJ - -LOT 21, BLOCK '2 - -N - /" //"/~~ ~,' . / ".O'{\ '\ / \ ~ 1,\ / /? n/ \ /y -'i~ ./ / /" /" ;#p~ /1?/l<>"" /" \ >-;,"" ",,//\4./ / / ". .;:'t',,r / <#:. -\/ " /" \, .-;",. / ~tr // " ", ~/" /"" Q-\/" /, /J" / '<,,~ h'~ ' \, ..'#1'"// ~7' \~"\ "" ~ .. <,;;;"" ~ ~ ~ <:J" '\ .~", ,(1/ '/ " .t'f1 'C"i k 0'/ ,,<' .:;,':'\~ /)11 ~ '0' " /..;,,/;'tP / '1) / ,(;;t'P ./ \ \/,r \ ...'Y'" / ./ \.>';/' / v.>r. / \/1<" - / ...~~,~'11 --0" -......----......-..------- \' ~~~ 'O\:J~ " \ /" /" / /" /" /" / / / / / " / \ " / EXTERIOR EASEMENT LINE TABLE ,/ / " / " / tt EASEMENT LINE TABLE LENGll-l BEARING 122.73 N 38'53'01" W 29.67 N 51'06'59" E 21.78 N 38'53'01" W 27.36 N 51'06'59" E 16.26 N 38'53'01" W 28.79 S 51'06'59" W 3.95 N 38'53'01" W 36.87 N 00'28'00" W S 51'07'17" W N 06'04'08" E N 51'00'59" E S 38'59'01" E LINE L1 L2 L3 L4 L5 L6 L7 LB DELTA 0'32' 43" IDAHO SURVEY GROUP, P.C. 1450 E. WATERTOWER ST. SUITE 150 MERIDIAN, IDAHO 83642 PH. (20B) 848.8570 FAX (20B) BIJ4..53SJ9 EASEMENT EXHIBIT "8" FOR CENTRAL VALLEY CORPORATE PARK #6 JOB NO. 04-134 SHEET NO. 1 ~o ~ C).-^ '" '"'/.). Q ~oo..... '1> <<' ~?'~~ ~~~ 1-->"1- / / / L9 L10 L11 L12 L13 L14 L1S L16 L17 L1B L19 L20 L21 L22 L23 L24 125 L26 L27 L28 10.00 150.77 10.33 7.90 8A7 12.10 20.83 37.09 20.00 33.39 6.73 17.39 20.00 17.36 1.78 19.67 20.00 19.67 112.73 10.00 / S 51'07'17" W N 38'53'01" W S 51'06'59" W N 38'52'43" W S 51'07'17" W N 38'53'01" W N 51'06'59" E N 00'28'00" W N 89'32'00" E S 00'28'00" E S 38'53'01" E N 51'06'59" E S 38'53'01" E S 51'06'59" W S 38'53'01" E N 51'06'59" E S 38'53'01" E S 51'06'59" W S 38'53'01" E S 51 '07'17" W . , ~ ~ ~ 8 S ? ~ ; ~ i j ! ~ I ! ~ , :5 0: ~ -' ~ ~ ~ ;- ~ November 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT November 9 t 2004 ITEM NO. 5-F REQUEST Streetlight Agreement for Cedar Springs No.4 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 ~vV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEIVED NOV 02 2004 City Of Meridian CitY Clerk Office Memo To: Mayor de Weercl & City Council From: Karie Glenn cc: File Date: 11/1/2004 Re: Proposed Agenda Items for 11/9/04 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 11/9/04 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Water Main Easement. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Water Main Easement and authorize the Mayor to sign and City Clerk to attest. '* 2) Streetlight Agreement for Cedar Springs #4. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Cedar Springs #4 and authorize the Mayor to sign and City Clerk to attest. 3) Streetlight Aqreement for Lochsa Falls #9. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls #9 and authorize the Mayor to sign and City Clerk to attest. 4) Streetlight Aqreement for Lochsa Falls #10. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls #10 and authorize the Mayor to sign and City Clerk to attest. . Page 1 5) Streetliqht Agreement for Lochsa Falls #11. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls #11 and authorize the Mayor to sign and City Clerk to'attest. Thank you for your consideration. . Page 2 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Howell-Murdoch development corporation, pertaining to the street lights in Cedar Springs #4, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Howell-Murdoch development corporation. has provided 3 double head street light fixture on single pole, concrete pole base, and components to the residential development known as Cedar Springs #4 in Meridian, Idaho. The parties acknowledge that the 3 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Howell-Murdoch development corporation, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereot: that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Howell-Murdoch development corporation or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn." out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 3 street lights located in Cedar Springs #4 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by ~ photo electric device of the "fail off" type. 5. It is understood arid agreed that Kevin Howell construction will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Howell-Murdoch development corporation its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of ,20 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By Mayor, DeWeerd ATTEST: William G. Berg, Jr., City Clerk Howell-Murdoch development corporation BY1C '61 /~.~ President ATTEST: ~ STATE OF IDAHO, ) STREET LIGHT AGREEMENT Page 2 : ss. County of Ada, ) On this _ day of , 20----, before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDThfG AT :MY COMMISSION EXPIRES STATE OF ,) : ss. County of ,) On this zqdayof (J""J,iuv , 20 ~ before me, the undersigne9J~ Notary Public nd for said ate, personally appeared /.!k;//N h0d.e~ and H p.v( known to me to be the President and Secretary of :.a .~d who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL -~~ NOTARYPUBLICF IDAHO // / RESIDING AT '/~~. :MY COMMISSION EXPIRES 2 I Z STREET LIGHT AGREEMENT Page 3 November 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT November 9. 2004 ITEM NO. 5..G REQUEST Streetlight Agreement for Lochsa Falls No.9 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 ~.r/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CIty of MeridIan. City of Meridian Public Works Dept. RECEIVED NOV 0 2 2004 City Of Meridian . City Clerk Office Memo To: Mayor de Weerd & City Council From: Karie Glenn cc: File Date: 11/1/2004 Re: Proposed Agenda Items for 11/9/04 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 11/9/04 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Water Main Easement. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Water Main Easement and authorize the Mayor to sign and City Clerk to attest. 2) Streetlight Aqreement for Cedar Springs #4. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Cedar Springs #4 and authorize the Mayor to sign and City Clerk to attest. 'it 3) Streetlight Agreement for Lachsa Falls #9. Typical Streetlight Agreement Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls #9 and authorize the Mayor to sign and City Clerk to attest. 4) Streetliqht Agreement for Lachsa Falls #10. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls #10 and authorize the Mayor to sign and City Clerk to attest. . Page 1 5) Streetliqht Agreement for Lochsa Falls #11. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls #11 and authorize the Mayor to sign and City Clerk to'attest. Thank you for your consideration. e Page 2 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Lochsa Falls, LLC pertaining to the street lights in Lochsa Falls #9, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby aclrnowledged, the parties agree as follows: 1. Lochsa Falls, LLC has provided 11 single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development mown as Lochsa Falls #9 in Meridian, Idaho. The parties acknowledge that the 11 single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Lochsa Falls, LLC or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Lochsa Falls, LLC or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 11 single head street lights located in Lochsa Falls #9 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Lochsa Falls, LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Lochsa Falls, LLC, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of ,20 CITY OF MERIDIAN, a municipality and Political subdivision of the State ofIdaho By Tammy de Weerd, Mayor ATTEST: William G. Berg, Jr., City Clerk Lochsa Falls, LLC By jM~~ Marty oldsmith, Member STREET LIGHT AGREEMENT Page 2 STATE OF IDAHO ) ) ss. County of Ada ) On this _ day of ,20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., lmown to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and aclmowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES STATEOFIDAHO ) ) ss. County of Ada ) On this ~day of O~b-t.r , 20...o..L, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, lmown to me to be a Member of Lochsa Falls, LLC, and who executed the within instnunent on behalf of said company, and acknowledged to me that said company executed the same. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL "",............ ~......, C \ B. III JI" ...41 .:o.t'L~ ........ /A~ \ .:0 ~.... .. · ~y '" ..... .. I I ~O'tA~~ *' - : . : * . --- : :, C J- \. .". PUB\..\ ~ cJ> .. 0 ;,o..~ .)>-1 ........ t--~# "... "e 0 F \'Q ~..~ ..................' ~k~f\1V\~ NOTARY PUBLIC FOR IDAHO RESIDING AT ~11~ ~~ MY COMMISSION IRES 51 I:t/ OL, STREET LIGHT AGREEMENT Page 3 November 5,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT November 9, 2004 ITEM NO. 5~H REQUEST Streetlight Agreement for Lochsa Falls No. 10 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DE?T: CITY BUILDING DE?T: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~yvU Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECENED NOV 0 2 2004 City Of Meridian . City Clerk Office Memo To: Mayor de Weerd & City Council From: Karie Glenn cc: File Date: 11/1/2004 Re: Proposed Agenda Items for 11/9/04 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 11/9/04 City Council agenda, on the Consent Agenda, for Council's consideration: 1-) Water Main Easement for Water Main Easement. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Water Main Easement and authorize the Mayor to sign and City Clerk to attest. 2) Streetlight Agreement for Cedar Sprinos #4. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Cedar Springs #4 and authorize the Mayor to sign and City Clerk to attest. 3) Streetlioht Agreement for Lochsa Falls #9. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls #9 and authorize the Mayor to sign and City Clerk to attest. ~4) Streetlioht Aoreement for Lochsa Falls #10. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls #10 and authorize the Mayor to sign and City Clerk to attest. CD Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Lochsa Falls, LLC pertaining to the street lights in Lochsa Falls #10, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Lochsa Falls, LLC has provided 7 single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Lochsa Falls #10 in Meridian, Idaho. The parties acknowledge that the 7 single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Lochsa Falls, LLC or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Lochsa Falls, LLC or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 7 single head street lights located in Lochsa Falls #10 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Lochsa Falls, LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Lochsa Falls, LLC, its heirs, successors and - assigns, and the CITY OF MERIDIAN. Dated this day of ,20 CITY OF MERIDIAN, a municipality and Political subdivision of the State ofIdaho By Tammy de Weerd, Mayor ATTEST: William G. Berg, Jr., City Clerk Lochsa Falls, LLC By --M~4;~ . Marty G Idsnnth, Member . STREET LIGHT AGREEMENT Page 2 STATE OF IDAHO ) ) ss. County of Ada ) On this _ day of ,20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAlvIJv1Y DE WEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within mstnrment, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDlNG AT MY COMMISSION EXPIRES STATE OF IDAHO ) ) ss. County of Ada ) On this ,iZth- day of ock.be.r , 20...QL, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known to me to be a Member of Lochsa Falls, LLC, and who executed the within mstnrment on behalf of said company, and acknowledged to me that said company executed the same. SEAL IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ""......... ..11' .... ",V~C\ E. III ~'... ," '" ~ .......... 4 ~\ ( [~OT A.It".. '\ * -.- * 5 '..;'l:t' ':~Bd' #) ~~ l'e OF \" to- .,fi ...- - ,.- -........,.. c:1A~~[~ NOTARY PUBLIC FOR IDAHO RESIDlNG AT ~ \A~ MY COMMISSION E ~S ~ t:1-1 0 (p STREET LIGHT AGREEMENT Page 3 November 5,2004 MERIDIAN CITY COUNCIL MEEfING APPLICANT November 9, 2004 ITEM NO. 5~1 REQUEST Streetlight Agreement for Lochsa Falls No. 11 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: Se. attached 4~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properiy of the City of MeridIan. City of Meridian Public Works Dept. RECEIVED NOV 0 2 2004 City Of Meridian . City Clerk Office Memo To: Mayor de Weerd & City Council From: Karie Glenn cc: File Date: 11/1/2004 Re: Proposed Agenda Items for 11/9/04 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 11/9/04 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Water Main Easement. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Water Main Easement and authorize the Mayor to sign and City Clerk to attest. 2) Streetlight Aqreement for Cedar Sprinqs #4. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Cedar Springs #4 and authorize the Mayor to sign and City Clerk to attest. 3) Streetlight Aqreement for Lochsa Falls #9. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls #9 and authorize the Mayor to sign and City Clerk to attest. 4) Streetliqht Aqreement for Loi::hsa Falls #10. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls #10 and authorize the Mayor to sign and City Clerk to attest. . Page 1 .* 5) Streetliqht Aqreement for Lochsa Falls #11. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Lochsa Falls #11 and authorize the Mayor to sign and City Clerk to' attest. Thank you for your consideration. lD Page 2 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Lochsa Falls, LLC pertaining to the street lights in Lochsa Falls #11, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby aclrnowledged, the parties agree as follows: 1. Lochsa Falls, LLC has provided 9 single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development mown as Lochsa Falls #11 in Meridian, Idaho. The parties aclrnowledge that the 9 single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Lochsa Falls, LLC or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Lochsa Falls, LLC or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City. that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 9 single head street lights located in Lochsa Falls #11 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Lochsa Falls, LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEIV.1ENT Page 1 This AGREEMENT shall be binding on Lochsa Falls, LLC, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of ,20 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By Tammy de Weerd, Mayor ATTEST: William G. Berg, Jr., City Clerk Lochsa Falls, LLC BY~ Marty 01 smith, Member STREET LIGHT AGREEMENT Page 2 STATEOFIDAHO ) ) ss. County of Ada ) On this _ day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. W WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES STATE OF IDAHO ) ) ss. County of Ada ) On this J8'~day of CCJt-oocr ,20...01-, before me, the lUldersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known to me to be a Member of Lochsa Falls, LLC, and who executed the within instrument on behalf of said company, and acknowledged to me that said company executed the same. W WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL d~ [~A111~ NOTARY PUBLIC FOR IDAHO RESIDWG AT ~~ MY COMMISSION S ',C: I fa f 0(" ~ . STREET LIGHT AGREEMENT Page 3 November 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST November 9, 2004 ITEM NO. 5-J Award of Bid for 2004 WWTP Headworks Modifications to The EWing Co., Inc. for $523,500 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Se. attached [11/ ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. City of Meridian Public Works Dept. ~RECEIVED NOV 0 4 2004 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 11/4/2004 Re: Proposed Agenda Item for November 9, 2004 City Council Meeting The Public Works Department respectfully requests the following item be placed on the November 9 City Council agenda, under Consent Agenda, for Council's consideration: 2004 WWTP Headworks Modifications. Four bids were received for this project as summarized below and detailed in the attached spreadsheet: . The Ewing Co., Inc Paul Construction JC Constructors, Inc Contractors Northwest, Inc $523,500 $534,978 $588,500 $721,900 . . . This project consists of construction of approximately 463 L.F. 42" PVC trunk sewer, concrete influent boxes, force main discharge boxes, sewage bypass pumping of WWTP influent flows, site excavation, shoring, dewatering, yard piping, slide gates, fittings, valving, manholes and related mechanical components, electrical conduits, site improvements, surfacing, and other related and miscellaneous work. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the 2004 WWTP Headworks Modifications with The Ewing Co, Inc for $523,500 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 UI e: o +0 l'\'I U !E "C o :!: UI oX '- o 5: "C l'\'I CIl J: ~ 'It o o ('0.1 .w u CIl 'e- a. :!: a. o o M 'It o - ~ ....... ....... U ..5 .w UI Q) 5: ..c 0 t:: 0 0 >< >< >< 01 z ....... ~ ('0.1 r--. 0 c.q. .... 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November 5, 2004 MERIDIAN CITY COUNCIL MEETING November 9,2004 APPLICANT ITEM NO. 5-K REQUEST Resolution - Disposal of Surplus property - WWTP Equipment AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Resolution r<JvU #Iff Contacted: Emailed: Dote: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. tfJ1-- +~o BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION DECLARING AN ITEM OF CITY PROPERTY AS SURPLUS AND AUTHORIZING THE TRANSFER TO THE CITY OF EMMETT, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 3,2004, the City Council of the City of Meridian, upon the recommendation of the Public Works Department and Finance Department that a certain item to-wit: a Lakeside Rotomat Fine Screen; was no longer of value to the City of Meridian and could be donated to another public entity; and WHEREAS, after such discussion, the City Council, by formal motion, did approve said donation and declared the item to be surplus property; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. The City Council of the City of Meridian has declared the above item as being surplus and donates the following item to the City of Emmett, Idaho. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this ~tr~wv~ , 2004. q ..r!:.. day of APPROVED by the Mayor ofthe City of Meridian, Idaho, this ;(/p1/$h-~ , 2004. q-rA -- day of Resolution - Surplus Property to City of Emmett Page 10f2 , i i ~ ~ \ \ \. -. c. STATE OF IDAHO) County of Ada, ) On this C;-Il1.. day of No V Qwr..b.(y ,2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~~~" ',........... ~~~~\C'f, L. 8..:...... ,:" 'b,....................Y.f/'}.. "".. .: ,~..... .. ~:,.. ",. ~,.o .0 Tr ':. ~: : ~OTA1?l~ ~ -:. ;-'*0 or' c :: ~ : ....... : ..p{ ~ :. , : :: ':0 e. -I'l.JBL'\C: ~ ~ In . ... ",. V'A eo. .. C ~ '* -r' ". .. .'\.. ~.. ....#: "1:;, .co..... Y'" ~4t"'" ......... '11 0i' 1\) ~ "" .................._..... 'ltilo'''''' Resolution - Surplus Property to City of Emmett Page 2 of2 November 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT City Clerk -- Will Berg Department Reports November 9, 2004 ITEM NO. 6-A-l REQUEST Request to Change Date for Public Hearing for Kingsbridge Subdivision Annexation and Zoning, Preliminary Plaf. and Conditional Use Permit for a Planned Development Applications AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached ~yV 4'/0 .y 11'/1 1/0 pI Iv Date: Staff Initials: Phone: Materials presented at publfc meetings shall become property of the City of Meridian. _.(V~tLU~~ ~~.~~ Llll:l':l.:ltl'l/bO VISION FIRST lLC PAGE 02/02 . C NED NOV - 4 2004 City Of Meridian City Clerk Office Corpol'ilte Office 661 $, f1ivqr.;ncrr, ~,'nr. SuiI'; 1?0 Eagie, Idilno 83616 (208) 938-4655 phone (209) 938.47(,5 f,)~ HE~PING SHAPf. COMMUN1TIES FOR THE FUTURE Randy S. Clarno S('.n;or P",rl'nnr, Chir:! Ex"""f;"" Officer J\Jff Solscheicl Parmer, Chief FIn.9nciel Officer November 4, 2004 v.u FACSIMILE 888-4ZJ8 Mayor Tammy de Weerd and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Washington Offil:~ 8513 IV.E. Hazel DeJl Avenue. Suite 201 . Vancouver, WiIsl1ingron 98665 (J60J 546-250 1 p~one 1360) 573-5161 fax (866) S<l6.,SOI toll fre~ WaYM Kankelberg Pr>rtnrr, Ch,ri DIJ1/Clopmcnt Of{lC<!( RE: Kingsbridge Subdivision - Vision First, L.L.C., Applicant Annexation and Zoning - File No. AZ-04-023 Preliminary Plat ~ File No. PP-04~030 Conditional Use Pennit for Planned Development - File No. CUpA04-026 Dear Mayor de Weerd and City Councilors: Thank you for your decision last evening to hear the applicant's apfeal on the above- referenced applications. After the City Council announced the November 30t hearing date and I had left the hearing room., I remembered that I have scheduled a family vacation for that week_ My wife and I are plarming to visit our two college-age children., both of whom are studying this semester on exchange programs in Great Britain. For that reason, I would respectfully request the City Council to grant a continuance of the appeal hearing until the next available date and agenda after November 30th, J spoke with the City Attorney this afternoon, who told me that there ,",ill be no meeting on December 7t\ so I understand the next possible date would be December 14th. depending on other agenda items already scheduled. If the City Council grants this continuance, Vision First would offer to send out a mailing to all of the neighbors who signed up to speak last evening notifying them of the date change. Thank you for considering this request. Respectfu.l1.y submitted) By: v; ion First, L.L.c. I ' Kenn.eth M, Ellio Resident Legal Counsel co: Bill Nary, City Attorney Anna Canning, Planning Director Steve Siddoway, Principal Planner REAl. ESTAT!O . COMMUNITY INVOt.VIO:MIONT . L^ND DI!.VEr.OI'MENT NOV 04 '04 15:17 ,"",)J.:\t':lt'"'l"'n.A""'-~ __, _or _~~. .~.~~ ~~U~~V~(O~ Vl~lUN r!~~1 LLC PAGE 01/El2 VISION " FIRST l.l.C. REC NED NOY - 4 2004 City Of Meridian City Clerk Office HELPING SHAPE COMMUNITIES FOR THE FUTURE fax COVER PAGE Pagesfo ~ follow: W RE: City of Meridian File Nos. AZ-04-023; PP-04-030; CUP-04-026 TO: Mayor Tammy de Weerd & City Council ATTN.: William Berg, City Clerk City of Meridian ~ FROM: Kenneth M. Efliott, Legal Counsel Vision Firstt L.L.C. FAX NUMBER: 888-4218 DATE: 11/4/20042:49 PM SUBJECT: Mr. Berg: I have attached a Jetter raqu,eltinQ a contjnuance of the appeal hearing on the above~r8f1rE!need applications, from November 30th as announced last evening,to the next available date and time after November 30th. Bill Nary recommended that I fax a copy of this letter to your attention today. Thank ybu. Cc: Bill Nary. City Attorney Anna C~m'ling. Planning Director Steve Siddoway. Princip.aI Planner NOV 04 '04 15:17 2089384765 PAGE. 01 ** TX CONFIRMHIION REPORT ** AS OF NOU 09 '04 15:45 PAGE. 1211 CITY OF MERIDIAN DATE TIME TO/FROM 13 11/1219 15:44 2089384755 MODE MIN/SEC PGS CMD~ STATUS EC--S 1210'53" 1211213 093 OK -------------------------------------------------------------------------------------------- Revised 11/9/04 f{'~\ ~~ /{l...A ~'b CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA fr~; l2~r d/of?-4-16; Tuesday, November 9, 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 Craig Flinn, with Meridian Alliance Church: 4. Adoption of the Agenda: 5. Consent Agenda; A. Approve Minutes of October 5, 2004 Pre.Council Meeting: So Approve Minutes of October 19, 2004 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 04. 026 Request for Annexation and Zoning of 1.71 acres from RUT to G-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: D. Findings of Fact and Conclusions of Law for Approval: CUP 04-035 Request for a Conditional Use Permit for a bank with drive up service lanes in a proposed C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: E. Water Main Easement for Water Main Easement: F. Streetliqht Agreement for Cedar SprinQs No.4: G. Streetlight Agreement for Lochsa Falls No.9: H. Streetlinht Aareement for Lochsa Falls NOl. 10: M.ridil1ll Cily Council Agenda - November!), 2004 P;tge I of3 All m~reriaJ$ presMted ~t public mcctill8~ <h~ll becotllcproperty of the Cily ufMcridian. AnYl'nc dc.<irinc accommodulfun fonlisabililks relaled to doCllmelllS and/o! hc:.rin!: plC'asc cOlltac:t tile City Clerk', Office ni ~RR-44~3 1111=148 hulm' prior 1.0 ,lie public mCc:ling. P \tt\SC POSt 1,C' r 'PLlbh -C!- \Joh cc- -lhar~.g) CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 9, 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 Craig Flinn, with Meridian Alliance Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 5, 2004 Pre-Council Meeting: B. Approve Minutes of October 19, 2004 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 04- 026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: D. Findings of Fact and Conclusions of Law for Approval: CUP 04-035 Request for a Conditional Use Permit for a bank with drive up service lanes in a proposed C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: E. Water Main Easement for Water Main Easement: F. Streetlight Agreement for Cedar Springs No.4: G. Streetlight Agreement for Lochsa Falls No.9: H. Streetlight Agreement for Lochsa Falls No. 10: Meridian City Council Agenda - November 9, 2004 Page I of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or healing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. I. Streetliqht Aqreement for Lochsa Falls No. 11: J. Award of Bid for 2004 WWTP Headworks Modifications to The Ewing Co., Inc. for $523,500: K. Resolution No. Property - WWTP Equipment: Disposal of Surplus 6. Department Reports A. City Clerk - Will Berg 1. Request to Change Date for Public Hearing for Kinqsbridqe Subdivision Annexation and Zoning, Preliminary Plat, and Conditional Use Permit for a Planned Development Applications: 7. (Items Moved from Consent Agenda) B. Tabled from November 3, 2004: FP 04-063 Request for Final Plat approval for 50 single-family residential building lots and 13 common lots on 15.34 acres in a R-8 zone for Sheridan Place Subdivision by Robert Chavez - east of North Locust Grove Road and north of East McMillan Road: 9. FP 04-065 Request for Final Plat approval of 57 building lots and 6 other lots on 17.29 acres in a R-8 zone for Redfeather Estates Subdivision No.4 by Packard Estates Development, LLC - south of East Ustick Road and east of Eagle Road: 10. FP 04-066 Request for Final Plat approval of 27 building lots and 1 other lot on 7.38 acres in a R-8 zone for Redfeather Estates Subdivision No. ~by Packard Estates Development, LLC - south of East Ustick Road and east of Eagle Road: 11. FP 04-067 Request for Final Plat approval of 56 single-family residential and office building lots and 6 common lots on 18.94 acres in R-4, R-8 and L-O zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 & 2240 South Meridian Road: 12. FP 04-068 Request for Final Plat approval of 10 commercial building lots on 3.80 acres in an L-O zone for Brockto" Subdivision by Confluence Management, LLC - 3665 North Locust Grove Road: Meridian City Council Agenda - November 9, 2004 Page 2 of3 AU materials presented at public meetings shall become property 0 f the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/oT hearing please contact the City Clerk's Office at 888-4433 at least 48 howo priOTto the public meeting. 13. MI 04-015 Request for a Miscellaneous application approval to allow a one-time lot division to separate an un-platted parcel into two parcels in an I-L zone for Montaaue-Sauriol, LLC by Montague-Sauriol, LLC - 1127 East Pine Avenue: 14. Public Hearing: PP 04-032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.85 acres in a C-G zone for Central Valley Corporate Park No.6. This is a re~subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No.5 by Steve Wensel - 929 South Industry Way: 15. Public Hearing: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 95~ unit apartment complex to a 55-unit assisted living retirement facility in an R-40 zone for Devon Park II (Fairview Lakes) by Fairview Lakes, LLC - 824 East Fairview Avenue: 16. Public Hearing: MI 04-014 Request to amend the Development Agreement for Lot 1, Block 3, Parcel B of Resolution Subdivision No.1 by Lombard Conrad Architects - southeast corner of East Overland Road and South Millenium Way: Meridian City Council Agenda ~ November 9, 2004 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 how'S prior to the public meeting. ( ** TX l .RMATlON REPORT ** AS OF NOU Hi) '04 \,~ ,I; PAGE. 01 CfTY OF MERiDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDIl STATUS 01 11/10 07:59 38113160 EC--S 01'59" 004 007 OK 02 11/10 08:01 PUBLIC WORKS EC--S 01' 10" 1304 097 OK 03 11/10 08:03 12084664405 EC--S 01' 11" 004 097 OK 04 11/10 138'05 8841159 EC--S 01'10" 004 097 OK 05 11/10 08:06 2088840744 EC--S 01' 12" 004 1397 OK 06 11/10 08:08 POLICE DEPT EC--S 01 '10" 004 097 OK 07 11/1008:108985501 EC--S 01'09" 004 097 OK 00 11/10138'11 LIBRARY EC--S 131'32" 004 097 OK 09 11/1008:1392083776449 EC--S 01' 0'9" 004 097 OK 10 11/1008:153886924 EC-S 01 '09" 004 097 OK 11 11/1088:172088886854 EC-S 01'10" 034 1397 OK 12 11/113 fl8:18 2138 895 03913 EC--S 01'09" 1304 1397 OK 13 11/113 08:213 1283000413 [;3--S 01'32" 13134 097 OK 14 11/10 138:22 2138 387 6393 EC--S 01' 19" BB4 097 OK 15 11/113 08'24 RDA CTY DEVELMT EC-S 01'10" 1304 1397 OK 16 11/113 08'26 8885052 EC--S 01' 113" 004 097 OK 17 11/113 08'28 CHERRY LANE G3-S 02'29" 004 097 OK 18 11/10 08:31 IDAHO ATHlETIC C EC--S 01' 11" 004 097 OK 19 11/113 08:32 fD PRESS TRIBUNE EC-S 01'10" 004 1397 OK 213 11/1000'34 20888857131 EC--S 01' 10" 004 097 OK -------------------------------------------------------------------------------------------- Revised 11f9/04 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 9, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: -L Shaun Wardle ~ BifH'oItlty C/vt.trhN,. }...M.u.c... ---X- Charlie Rountree )( Keith Bird 2- Mayor Tammy de Weerd 2. Pledge of Allegiance: by tJNe~ fait. Bt>lUtr:r.f /kll-,C/lie~ /3;// JMI1.S"nv 3. Community Invocation by Craig FUnn, with Meridian Alliance Church: IJrUu.:f.(..{..,. 4. Adoption oUhe Agenda: Itl'pr#V<. I{.S a.~n.tJtc g(. 5. Consent Agenda; "1" jH'" II.......... A. Approve Minutes of October 5. 2004 Pre-Council Meeting: ~pn> VI(..... e, Approve Minutes of October 19, 2004 City Council Regular Meeting: ~__ C. Findings of Fact and Conclusions of Law for Approval: AZ 04- 026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for MountaIn West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: ~fl""'V'<-- D. Findings of Fact and Conclusions of Law for Approval: CUP 04-035 Request for a Conditional Use Permit for a bank with drive up selVice lanes in a proposed C-G zone for Mountain Wast Bank by Erstad Thornton Architects - northeast comer of Venture Street and East FaiNiew Avenue: ,,?prov< E. Water Main Easement for Wator Main Easement: af'fu'""v<.. F. Streetliuht Agreement for Cedar Sprjn~s No. 4: ~P""" v<.. G. StreetliQht A!1reementfor Lochs3 Falls No. 9: It?fr~VI<.- H. Streetli!1ht Aureement for Lochsa Falls No.1 0: ~V'<...- Mcrid,.;in Cj1Y CCll.,lndJ AStl'lda - No.vanbft 9. 2004 Ptl.gc I Qf.l All matcri31$" ,,~.;nh:d llt P'lbUc meclings sh;Lll bt-t:omc flrnpc-11Y oCthl! City.cr Maidic.n. An"j~oc:-d~ifil:lt lCCo.l1Urtcdaticn r~rd:i,.~b~Ulics lclal~d to dO(:ument.'l.3od41r ~ring flk:w; CDnl.:\C\ \hr- City Clcrl:'!l: Offit1r.:al 8S8-44)3 at 1=.",[ 48 hoUl$ priorllJ thc::public: mC'cdil-g. , >1<>1< TX CONFtRrIHJION REPORT ** AS OF NOU 05 '04 17:10 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDlt STATUS 26 11/05 17:02 PUBLIC WORKS EC--S 00'54" 083 052 OK 27 11/05 17:04 12084664405 EC--S 00'54" 003 052 OK 29 11/05 17:06 8841159 EC--S 00'54" 003 052 OK 31 11/05 17:08 2088840744 EC-S 138'56" 003 052 OK --------------------------------~----------------------------------------------------------- P \co.sc Post --\if Pu.bh~ \Joh cc- --rn(.\.)'\lf&.\ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday. November 9, 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 Craig Flinn, with Meridian Alliance Church; 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 5, 2004 Pre-Council Meeting: B. Approve Minutes of October 19. 2004 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 04- 026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast comer of Venture Street and East Fairview Avenue: D. Findings of Fact and Conclusions of Law for Approval: CUP 04--035 Request for a Conditional Use Permit for a bank with drive up service lanes in a proposed C~G zone for Mountain West Bank by Erstad TtIornton Architects - northeast corner of Venture Street and East Fairview Avenue: E. Water Main Easement for Water Main Easement: F. Streetlight Atlreement for Cedar Sprinas NO.4: G. Streetlight Aqreement for Lochsa Falls No.9: H. Streetlight Aareement for Lochsa Faits No. 10: Merid;(lD City CouDc;1 .\gmUa - Nov"",hct' 9, 2004 Page 1 or> All material. pr<<enrl!<1 al public meetings sll311 become property or the City ofMelidi3l1. Anyone desirinll .coommod.tioo fordisobiliti... rolaltd III dOCllmeIllS andlor hdUing pl."". .ont.lct the City Clcrk's om.e at 888.H33 M least 48 bllUN prier 10 the public meeting. , ( ** TX COK IAil ON REPORT ** AS OF NOV 05 '04" 42 PAGE. 01 CITY OF MERIDIAN DRTE TIM!;; TO/FROM MODE MINlSEC PGS CMDll STATUS 131 11/05 17'10 POLICE DEPT EC--S 00' 54" 003 052 OK 02 11/05 17:128985501 EC--S ee'53" 003 1352 OK 03 11/05 17:13 LIBRARY EC--S 01' 08" 1003 052 OK 04 11/05 17:1592083776449 EC--S 00'53" 003 e52 OK OS 11/05 17'163886924 EC--S 00'53" 1303 1052 OK 06 11/05 17:18 2088886854 EC--S 00'53" 003 052 OK 07 11/05 17:19 208 895 0390 EC--S 00'53" oe3 e52 OK 08 11/05 17:20 12830ee40 83--S 01' 10" 003 052 OK 09 11/05 17:22 208 387 6393 EC--5 00'53" 003 e52 OK 10 11/05 17:23 ADA CTY DEVELMT EC--S 00'54" 0133 052 OK 12 11/e5 17:28 CHERRY LANE G3--S 01'51" 003 052 OK 13 11/05 17:30 IDAHO ATHLETIC C EC--S 00' 53" 003 052 OK 14 11/05 17:32 10 PRESS TRIBUNE EC--S 00'53" 003 1052 OK 15 11/05 17:33 20888867131 EC--S 130'53" 1303 052 OK 18 11/05 17=38 3810150 EC--S 131'29" 1303 052 OK 20 11/05 17:41 8885052 EC--S 00'53" 003 1352 OK P\dl.SC Post 4iY- \-hbh'(L ~cc. .ln~.l CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 9, 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 Craig Flinn. with Meridian Alliance Church: 4, Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 5, 2004 Pre-Council Meeting: S. Approve Minutes of October 19, 2004 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ. 04- 026 Request for Annexation and Zoning of 1.71 acres from RUT fa CoG zone for Mountain West Bank by Erstad Thornton Architects - northeast comer of Venture street and East Fairview Avenue: D. Findings of Fact and Conclusions of Law for Approval: CUP 04-035 Request for a Conditional Use Permit for a bank with drive up service lanes in a proposed CoG zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: E. Water Main Easement for Water Main Easement: F. Streetliaht Agreement for Cedar SDrinas No.4: G. Streetlillht Agreement for Lochsa Falls No.9: H. Streetlight Agraement for Lochsa Falls No, 10: Merieli"" City Co"""il "&01111. - }W'''Il1b<:r" znoq Page J on All material. pr..cnr,d ~I public meonn&< slull "eco",. property of the Cloy of Meridian. AnYOn. des.iriog oceommod1fu>. fc:r dis.biliu", rd>led JQ docum.." and/or h<llJing pk",,; ounlild the City Clerk's OJIie."888'~~33 .t l."'t ~8 how>: prior", the pUblic roe<ting BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CONFLUENCE MANAGEMENT, LLC FOR APPROVAL OF 10 COMMERCIAL BUILDING LOTS ON 3.80 ACRES IN AN L-O ZONE LOCATED AT 3665 NORTH LOCUST GROVE ROAD IN THE SE ~ OF T. 4N., R IE., SECTION 31 C/C November 9, 2004 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-04-068 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code ~ 12-3-7 on November 9,2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: November 9, 2004, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLA T SHOWING BROCKTON SUBDIVISION LOCATED IN THE SE ~ OF T. 4N., R. IE., SECTION 31, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, \40106-PLT.DWG 09/30/04 BKB, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BROCKTON SUBDNISIONI (FP-04-068) Page 1 of4 HANDWRITTEN DATE: 10/04/04, SHEET I OF 2, ENGINEERING SOLUTIONS, LLP, EAGLE, IDAHO, IDAHO SURVEY GROUP, MERIDIAN, IDAHO", Confluence, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: November 9, 2004, listing 12 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 5 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the additional requirements from the action for the Council at their November 9, 2004 meeting as follows. To- wit: 1.1 Adopt the action ofthe City Council taken at their November 9, 2004 meeting: Allow the 5~foot detached sidewalk within the landscape buffer, as approved by the Planning Director as alternative compliance to the landscape ordinance. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BROCKTON SUBDIVISION! (FP-04-068) Page 2 of4 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The App Ii cant 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 maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the qth day of~Dvemh(y ,2004. ammy d rd Mayor, it of Meridian ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BROCKTON SUBDNISION/ (FP-04-068) Page 3 of4 Attest: By: kll. ,JJh , 0-...... City Clerk's Office Dated: l2- 2960.4 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BROCKTON SUBDIVISION! (FP-04-068) Page 4 of 4 MAYOR Tammy de Weerd ~ P / CITY OF .~... -'0'.. '-/VIerid/an . """'. " 'J r, .;1 IY Y /:' ~INC! , .1903 CITY HALL (208) 888-4433 - Fax 887-48 I 3 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 CITY COUNCIL MEMBERS Keith Bird Christine DOlmell ShaUll Wardle Charles M. Rountree IDAHO STAFF REPORT: City Council Date: November 9, 2004 To: Mayor & City Council Sonya Allen, Assistant City Planner JIl ~ Bruce Freckleton, Development ServIces Manager ~ From: Re: Brockton Subdivision Request for Final Plat Approval of Ten (10) Commercial Building Lots on 3.8 Acres in an L-O Zone for Brockton Subdivision, by Confluence Management, LLC (File No. FP-04-068) We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Confluence Management, LLC, has requested final plat approval for 10 commercial building lots on 3.8 acres in an L-O zone for Brockton Subdivision. The proposed subdivision is located approximately ~mile north of E. Ustick Road on the west side of N. Locust Grove Road, in the SE ~of Section 31, TAN., R.IE. A Conditional Use Permit was approved for this subdivision which allowed for reductions to the minimum requirements in the L-O zone for the following: lot frontage (from 50-ft. to O-ft. internally) and landscape buffer width between land uses (from 20-ft. to lO-ft.) along the northern boundary of the subdivision. The submitted final plat complies with the approved preliminary plat. Staff recommends approval of the final plat for Brockton Subdivision with the comments and conditions stated in this report. Exhibit "A" Mayor & City Council Hearing Date: November 9,2004 Page 2 of 4 SITE SPECIFIC REQUIREMENTS L Applicant is to meet all terms ofthe approved Annexation (AZ-04-010), Preliminary Plat (PP-04-013), and Conditional Use Permit (CUP-04-012) for this subdivision. 2. Submit compaction test results to the Meridian Building Department for any building pads within lots receiving engineered backfill. 3. All proposed fencing must be in compliance with MCC 12-4-10. 4. Provide a recorded copy of the cross parking/cross access agreement for all the new lots within the subdivision to utilize the driveways and parking, to the Planning & Zoning Department prior to signature on the final plat per Preliminary Plat finding #2. 5. Revise the landscape plan dated 10/8/04 and prepared by Harvest Design, as follows: a. If any storm drainage swales exist within the landscape easements, provide contours. b. A pedestrian walkway is required from the proposed internal sidewalks to the north (parcel #805.31417685). The required walkway should be constructed in accordance with MCC 12-5-2.K and MCC 12-13-15 per CUP finding #8. Revise plan to extend at least one of the proposed sidewalks to the property line to the north. c. Relocate the 5-foot detached sidewalk shown within the 25-foot landscape buffer adjacent to N. Locust Grove Road to be within the public right-of-way. If the unimproved street right-of-way is greater than 13-feet from edge of pavement to edge of sidewalk or property line, a 10-foot wide gravel shoulder is required, with the remainder to be landscaped with lawn or other vegetative ground cover (per MCC 12-13-10-9). This will require a License Agreement with ACHO. A 25-ft. wide buffer is required adjacent to Locust Grove. Buffer width must exclude the width of the sidewalk per MCC 12-13-10-2. 6. Revise or add the following notes to the face of the plat: (1.) Delete (2.) Delete (5.) .....ofthe City of Meridian unless otherwise modified bv Conditional Use Permit (CUP -04-0] 2). " (9.) .... .unless specifically allo...:ed by .-A.eHO and the City of Meridian," (10.) "Maintenance of all common areas, including but not limited to: drive aisles, parldng aisles, amenities. landscaping, drainage areas, etc., shall be responsibility of the Brockton Business Owners' Association." (1 L) Provide a note granting cross-access to the lot to the north (parcel #80531417685) to utilize the new drive aisles as access to Locust Grove Road, per Preliminary Plat finding #2. FP-04-068 Exhibit "A" Brockton Sub FP.doc Mayor & City Council Hearing Date: November 9, 2004 Page 3 of 4 7. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 8. Sanitary sewer service and municipal water to this development shall be via extensions from existing mains. Applicant will be responsible to construct, or re-construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard form of easements, for any mains that are required to provide service. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 10. The pressurized irrigation system within this development is to be owned and maintained by the Business Owners' Association. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 11. Complete the Certificate of Owners and accompanying Acknowledgment. 12. Staffs failure to cite specific ordinance provisions or terms of the approved Annexation, Preliminary Plat or Conditional Use Permit does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confinnation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project 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.) FP-04-068 Exhibit "A" Brockton Sub FP .doc Mayor & City Council Hearing Date: November 9, 2004 Page 4 of 4 3. Install 250-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. 3. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) 4. Coordinate with the Meridian Public Works Department and the Meridian City/Rural Fire Department to determine fire flow requirements. Provide a letter from the Fire Department stating required fire flow requirements prior to final plat approvaL RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP-04-068 Exhibit "A" Brockton Sub FP.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ROBERT CHAVEZ FOR APPROVAL OF 50 SINGLE-F AMIL Y RESIDENTIAL BUILDING LOTS AND 13 COMMON LOTS ON 15.34 ACRES IN AN R-8 ZONE, LOCATED EAST OF NORTH LOCUST GROVE ROAD AND NORTH OF EAST MCMILLAN ROAD IN THE SW y,; OF T. 4N., R IE., SECTION 29 C/C November 9, 2004 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-04-063 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on November 9, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: November 9,2004, to the Mayor and Council, and the Council having considered the requirements ofthe preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING SHERIDAN PLACE SUBDIVISION LOCATED IN THE SW y,; OF T. 4N., R., IE., SECTION 29, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, \40622\40622-PLT.DWG 09/14/04 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHERIDAN PLACE SUBDIVISION / (FP-04-063) Page 1 of 4 BKB, HANDWRITTEN DATE: 09/15/04, SHEET I OF 2, ENGINEERING SOLUTIONS, LLP, EAGLE, IDAHO, IDAHO SURVEY GROUP, MERIDIAN, IDAHO, " Robert Chavez, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: November 9, 2004, listing 27 SITE SPECIFIC REQUIREMENTS/FINAL PLAT, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of2 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their November 9,2004 meeting as follows. To-wit: 1.1 Adopt the action of the City Council taken at their November 9, 2004 meeting, and specifically pertaining to the staff report, under Conditions of Approval, to strike the first sentence of number 11 and revise number 16 note 18 to "Except for the cross-access easement shown for Lot 9, Block 5, direct lot access to E. McMillan Road is prohibited.", which read as follows: 11. Existing house on Lot 9, Block 5 will be required to take access from N. Schubert Way. Applicant shall be responsible for the payment ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHERIDAN PLACE SUBDIVISION / (FP-04-063) Page 2 of 4 of sanitary sewer and water assessment fees, as well as the actual physical connection of the existing home to city services. The existing septic system shall be abandoned per the guidelines of the Central District Health Department. 18. Direct lot access to E. McMillan Road is prohibited. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed andJorthe appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHERIDAN PLACE SUBDNISION / (FP-04-063) Page 3 of4 after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the g +~ day of --.ND \{f"m ba , 2004. Attest: By: City Clerk's Office Dated: \ Z ., Z 8' '04 ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR SHERIDAN PLACE SUBDNISION / (FP-04-063) Page 4 of4 i I MAYOR Tammy de Weerd ~U /C[TYOF~,_ VVlerldian IDAHO CITY HALL (208) 888-4433 - Fax 887-4813 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree 00.1.., -~ '~, " "\J " V ~'~ /Jl ? PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 ,- smc-f. .1903 STAFF REPORT: Hearing Date: November 3,2004 To: Mayor and City Council Sonya Allen, Assistant City Planner JIl Bruce Freckleton, Development Services Manager ~ Sheridan Place Subdivision From: Re: Request for Final Plat Approval of Fifty (50) Single-Family Residential Lots and Thirteen (13) Common Lots on 15.34 Acres in an R-8 Zone for Sheridan Place Subdivision, by Robert Chavez (File No. FP-04-063). We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICA nON SUMMARY & LOCA nON The applicant, Robert Chavez (Coppertree Development, Inc.), has applied for Final Plat approval of 50 single-family residential building lots and 13 common lots on 15.34 acres of land for Sheridan Place Subdivision. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). This subdivision will have a gross density of 3 .26 d.u./acre and a net density of 4.31 d.u./acre. Sheridan Place Subdivision is located approximately ~ mile east of N. Locust Grove Road on the north side ofE. McMillan Road, in the SW ~ of Section 29, TAN., R.1E. The common area lots within the subdivision consist of landscape, open space, and drainage lots and will be maintained by the Homeowner's Association. The pressurized irrigation system within this development is to be owned and maintained by the Homeowner's Association. A Conditional Use Permit was approved for this subdivision that allowed for reductions to the minimum requirements for the R-8 zone for the following: lot size (from 6,500 s.f. to 7,000 s.t), street frontage (from 65-feet to 60-feet), and house size (from 1,301 s.f. to 1,200 s.f. for Lots 10- FP-04-063 Exhibit "A" Sheridan Place Sub. FP.doc ( Mayor & City Council Hearing Date: November 3, 2004 Page 2 of5 12 & 14-19, Block 4 and Lots 2-8, Block 5 - all other lots shall be 1,500 s.f.), and setbacks for the entry of a garage to be measured from the back of sidewalk. Doug Campbell, CMD, Inc., applied for the preliminary applications for this project but for lending purposes Robert Chavez is now the applicant. Doug is still involved in the project along with Robert Chavez. Robert Chavez has purchased a large portion of the property from Jim Fuhrman; Jim still owns Lots 21-24, Block 4. The submitted final plat substantially complies with the approved preliminary plat. CONDITIONS OF APPROVAL 1. Applicant shall meet all terms of the approved Preliminary Plat (PP-03-035), Conditional Use Permit (CUP-03-060), and Development Agreement (Inst. No. 104119648) approved for this development. 2. The pressurized irrigation system within this development is to be owned and maintained by Sheridan Place Homeowner's Association. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Sanitary sewer service to this subdivision shall be via an extension from an existing mainline stub in the Vienna Woods Subdivision, which flows to an existing temporary sewage lift station. The applicant will be responsible to construct the sewer mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Applicant will be responsible for payment of applicable lift station upgrade costs, and latecomers fees to reimburse those responsible for extending service into the area. Latecomer fees for all buildable lots shall due and payable prior to signature on the final plat by the city. 4. Municipal water to this site shall be via extensions from existing mains in N. Locust Grove, N. Schubert Avenue, and E. Meadow Creek Drive. Applicant will be responsible to construct the water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide FP-04-063 Exhibit "A" Sheridan Place Sub. FP.doc Mayor & City Council Hearing Date: November 3, 2004 Page 3 of5 service. Applicant will be responsible for payment of applicable latecomers fees to reimburse those responsible for extending service into the area. Latecomer fees for all buildable lots shall due and payable prior to signature on the final plat by the city. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 1 DO-year storm event. 7. Lot 2, Block 2 and Lot 4, Block 1 shall have a lO-foot street side setback. 8. The curve data reference number shown on Lot 5, Block 5, doesn't match the same curve reference number shown in the Block 7 detaiL Please make the appropriate correction. 9. The overall boundary distance shown along the east side of the public right-of-way, Lots 17-20, Block 4 doesn't match the sum of the segments. Please make the appropriate corrections. 10. Swap the numbers on Lots 5 & 6, Block 5. 11. Existing house on Lot 9, Block 5 will be required to take access from N. Schubert Way. Applicant shall be responsible for the payment of sanitary sewer and water assessment fees, as well as the actual physical connection of the existing home to city services. The existing septic system shall be abandoned per the guidelines of the Central District Health Department. 12. The overall boundary distance shown along the west side of Lot 22, Block 4, doesn't match the sum of the segments shown for Lots 14-16, Block 4. Please make the appropriate corrections. 13. Graphically depict a 9-foot wide Public Utilities, Drainage, and Irrigation easement across the north side of Lot 2, Block 5, and Lot 10, Block 4, and an 8-foot wide Public Utilities, Drainage, and Irrigation easement across the north side of Lot 5, Block 2. These extra widths are necessary due to the location of pressurized irrigation mains. 14. Please provide an easier to see and understand tie bearing and distance in the Block 8 detail. 15. Temporary construction fencing to contain debris shall be installed along the boundaries of this phase unless permanent fencing already exists at the subdivision boundaries. All fencing shall be in compliance with MCC 12-4-10. FP-04-063 Exhibit "A" Sheridan Place Sub. FP.doc Mayor & City Council Hearing Date: November 3,2004 Page 4 of5 16. Add or revise the following plat notes: (1.) Revise note to provide 14-foot wide public utilities, drainage and irrigation easements along the 50-foot wide street section, and the standard lO-foot width on the 55-foot section. This extra width is necessary due to the sidewalk encroachment into the lots by 4-feet. (13.) Complete the recording instrument number information. (15.) Delete note. Setback information does not need to be on plat; a reference to the CUP number is sufficient as shown in note 5. il.1l. Lot 2, Block 2 and Lot 4, Block 1 shall have a 10-foot street side building setback. 08.) Direct lot access to E. McMillan Road is prohibited. 17. Revise the Landscape Plan (dated 10-4-04, prepared by Harvest Design) as follows: a. Fencing is required on both sides of the micropath on Lot 13, Block 4. Fencing may not exceed 4-feet in height if constructed of solid, sight obscuring material. 18. Any existing domestic wells and/or septic systems within this project shall 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. 19. Two-Hundred-fifty watt (250w) and One-Hundred watt (lOOw), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 20. 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. 21. Coordinate fire hydrant placement with the City of Meridian's Deputy Fire Chief and the Public Works Department. 22. Sidewalks within the proposed subdivision shall be built in accordance with MCC 12- 13-10-8. 23. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 24. 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 FP-04-063 Exhibit "A" Sheridan Place Sub. FP.doc Mayor & City Council Hearing Date: November 3, 2004 Page 5 of5 City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 25. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 DO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 26. Developer shall coordinate mailbox locations with the Meridian Post Office. 27. Staffs failure to cite specific ordinance provisions or terms of the approved annexation preliminary plat, or conditional use permit does not relieve Applicant of responsibility for compliance. RECOMMENDATION Staff recommends approval of the final plat for Sheridan Place Subdivision with the above stated comments and conditions. FP-04-063 Exhibit "A" Sheridan Place Sub. FP.doc E:fJ1!!!!!!!'1~ ~OLUTIONSLLP 150 East Aikens Street, Suite B Eagle, ill 83616 Phone: (208) 938-0980 Fax: (208) 938.094I E-mail: es-beckym@qwcst.net October 29,2004 RECEIVED OCT 2 9 200~ Mayor and City Council City of Meridian 33 East Idaho A venue Meridian, ID 83642 City Of Meridian City Clerk Office Re: Sheridan Place Subdivision File No. FP-04-063 Dear Mayor and Council: We have reviewed the recommendations for the City Council meeting of November 3,2004, and have the following responses: FINAL PLAT CONDITIONS OF APPROVAL 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. Please clarify ifthe requested to-foot setback is from the common area lot line or the street. 8. The correction will be made to the curve data. 9. The corrections will be made to the distances. 10. The lot numbers will be corrected. C:\Documents and Scttings\grcCllI\Local Scuings\TclIlpomlY Inlcmd Fjk,>\OLKI8;';\R&:sRcsp()IL~CJ.doc r:;-" L.~,"-;~ 1'1~" Mayor and City Council October 29,2004 Page 2 11. Ada County Highway District approved the use ofthe existing 20-foot-wide driveway. Their comment was in error in that the cast property line was mentioned instead of the west property line. The comment read, '~Utilize the existing 20-foot wide driveway that intersects McMillan Road at the east property line, as proposedt There is no driveway on the east property line; the driveway is to the existing house and will be. paved. The entrance to the garage is on the west side, and access cannot be from N. Schubert Way. We respectfully request that the first sentence of this condition be stricken. 12. The required corrections will be made. 13. The PUDI easements will be shown. 14. A better detail of Block 8 will be provided. 15. The applicant will comply. 16. The applicant will comply, with the exception orNote (18) (see item 11 above). We ask that the note be required to read, "Except for the cross-access casement shown for Lot 9, Block 5, direct lot access to E. McMillan Road is prohibited." 17. The applicant will comply. 18. TIle applicant will comply. 19. The applicant wilt comply. 20. The applicant will comply. 21. The applicant will comply. 22. The applicant will comply. 23. The applicant will comply. 24. The applicant will comply. 25. The applicant will comply. 26. The applicant will comply. 27. Noted. C:\Docul1lcnt~ and ScltingSlgnlcnt\local Scttings\Tcmpor.llylntcmet Filcs\OLK III g\Rel:sRcspo~,c3 .doc bhiillt"B" Mayor and City CounCil October 29, 2004 Page 3 We respectfully request approval of the application for final plat with the changes noted above. Thank you. Sincerely, Engineering Solutions, LLP Becky McKay, Partner Project Manager BM:ss cc: Mr. Robert Chavez C:\Docuntcol~ and Scllillgs'grecot\loCIlI Scllings\TcmporarylntCl1lct Filcs\OLK I 88\RccsRf:Spome3 . doc hhihil"(3" BEFORE THE MERIDIAN CITY COUNCIL CIC November 9,2004 IN THE MATTER OF THE ) APPLICATION OF PACKARD ) ESTATESDEVELOPMENT,LLC ) FOR APPROVAL OF 27 BUILDING ) LOTS AND I OTHER LOT ON 7.38 ) ACRES IN AN R-8 ZONE ) LOCA TED SOUTH OF EAST ) USTICK AND EAST OF EAGLE ) ROAD IN A PORTION OF ) GOVERNMENT LOT 2 OF T. 3N., R. ) IE., SECTION 4 ) ) ) CASE NO. FP-04-066 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code ~ 12-3-7 on November 9, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: November 9,2004, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING REDFEATHER SUBDIVISION NO.5 LOCATED IN A PORTION OF GOVERNMENT LOT 2 OF T. 3N., R. IE., SECTION 4, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR RED FEATHER ESTATES SUBDNISION NO. 51 (FP-04-066) Page 1 of3 ( \40804-PLT.DWG 09/28/04 BKB, HANDWRITTEN DATE: 09/29/04, SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP, EAGLE, IDAHO, IDAHO SURVEY GROUP, MERIDIAN, IDAHO," Packard Estates Development, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: November 9, 2004, listing 26 SITE SPECIFIC REQUIREMENTS/FINAL PLAT, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of2 pages, and by this reference herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR REDFEA THER ESTATES SUBDIVISION NO. 5/ (FP-04-066) Page 2 of3 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 maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the C\*' day of NOvcrn.beY ,2004. Attest: Jdt:-' Dated:_\2-IO -04 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR REDFEATHER ESTATES SUBDMSION NO. 5/ (FP-04-066) Page 3 of3 ; /: MAYOR Tammy de Weerd ~ ~ / CITY OF ,..."....... '""c ~Lerldian IDAHO ~...." "~ ~ I.~l " " ~I ~cI jJ /' CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird Christine DOlmell Shaun Wardle Charles M. Rountree LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 . 11lIlCE . .1903 STAFF REPORT: Hearing Date: November 9,2004 To: Mayor and City Council Sonya Allen, Assistant City Planner (ill Bruce Freckleton, Development Services Manager ~ Redfeather Estates Subdivision No.5 From: Re: Request for Final Plat Approval of Twenty-seven (27) Single-Family Residential Building Lots and One (1) Common Lot on 7.38 Acres in an R-8 Zone for Redfeather Estates Subdivision No.5, by Packard Estates Development, LLC (File No. FP-04-066). We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICA nON SUMMARY & LoeA nON The applicant, Packard Estates Development, LLC, has applied for Final Plat approval of 27 single-family residential building lots and I common lot on 7.38 acres of land for Redfeather Estates Subdivision No.5. This subdivision contains a portion of Government Lot 2 of Section 4, T.3N., R.IE. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). This subdivision will have a gross density of 3.66 d.u.lacre and a net density of 4.58 d.u.lacre. Redfeather Estates Subdivision No. 5 is located on the south side of E. Ustick Road, approximately Ih mile east of N. Eagle Road, in the NE )qof Section 4, T.3N., R.IE. This is the fifth final plat to be recorded in compliance with the Red Feather Estates Subdivision No. 2 preliminary plat. The first preliminary plat (Red Feather Estates Subdivision) and the first final plat are within the corporate limits of the City of Boise. The City of Boise processed and approved those applications. FP-04-066 Exhibit "A" Redfeather Estates SubS. FP.doc Mayor & City Council Hearing Date: November 9, 2004 Page 2 of 5 The common area lot within this subdivision consists of a landscape and drainage lot and will be owned and maintained by the Homeowner's Association. The pressurized irrigation system within this development is to be owned and maintained by Nampa Meridian Irrigation District. A Conditional Use Permit was approved for this subdivision that allowed for reductions to the minimum requirements for the R-8 zone for the following: lot size (from 6,500 s.f. to 5,250 s.f. - detached), street frontage (from 65-feet to 37-feet & cul-de-sac from 40-feet to 33- feet), and house size (from 1,301 s.f. to 1,200 s.f.). The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of the final plat with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS OF APPROVAL 1. Applicant shall meet all terms of the approved Preliminary Plat (PP-03-024), Conditional Use Permit (CUP-03-041), and Development Agreements (Inst. No's. 104129529 & 104129528) approved for this development. 2. The pressurized irrigation system within this development is to be owned and maintained by Nampa Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Said backup is being supplied by a single point connection within the earlier phases. 3. Sanitary sewer service to this subdivision shall be via an extension from the South Slough Trunk. The applicant will be responsible to construct the sewer mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 4. Municipal water to this site shall be via extensions from existing mains in E. Ustick Road, and N. Eagle Road. Applicant will be responsible to construct the water mains to and through this proposed development, thereby making them available to adjacent properties within the City of Meridian's Urban Services Planning Area. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. FP-04-066 Exhibit "A" Redfeather Estates SubS. FP.doc Mayor & City Council Hearing Date: November 9, 2004 Page 3 of 5 6. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. 7. Temporary construction fencing to contain debris shall be installed along the northern boundary of this phase unless permanent fencing already exists at this boundary. AU fencing shall be in compliance with MCC 12-4-10. 8. A License Agreement will be required by ACHD for landscaping within the storm drainage easement located on Lot 2. If ACHD requires that any trees be relocated, a revised landscape plan must be approved by the Planning & Zoning Department. 9. Add or revise the following plat notes: (8.) Eu-ch single family structure shall contain a minimum of 1,200 square feet, mc.cluding garage. (12.) (Complete recording information.) (13.) unloss specifically appro':od in writing by ACHD and the City of Meridian. 10. Revise the Landscape Plan (dated 10-7-04, prepared by Harvest Design) as follows: a. Include information of the firm who prepared the landscape plan. b. Shrubs shown within the storm drainage area on Lot 2 must be relocated. c. Per MCC 12-13-7-3 the minimum pot size for woody shrubs is 2 gallon, revise plant legend accordingly. d. Per MCC 12-13-10-9, the area along E. Ustick Road between the edge of pavement and the edge of the sidewalk must have a 10- foot wide gravel shoulder and the remainder be landscaped with lawn or other vegetative groundcover. Please reflect this on the plan. 11. Any existing domestic wells and/or septic systems within this project shall 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. 12. Remove the square footage notation from each lot on the plat. 13. The "Real Point of Beginning" as depicted on the face of the plat doesn't match the legal description of the Certificate of Owners', and therefore the boundary distances shown along the west side ofthe development also don't match. 14. Complete the recording information of the "CP&F" for the N1I4 Comer as shown. 15. Graphically depict a IS-foot wide easement along the south side of Lots 11-14, and the west side of Lots 8-11, all of Block 7. This extra width is required due to the placement FP.04-066 Exhibit "A" Redfeather Estates SubS. FP .doc Mayor & City Council Hearing Date: November 9, 2004 Page 4of5 of gravity and pressurized irrigation lines. 16. One-Hundred watt (1OOw), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 17. 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 18. Coordinate fire hydrant placement with the City of Meridian's Deputy Fire Chief and the Public Works Department. 19. Sidewalks within the proposed subdivision shall be built in accordance with MCC 12- 13-10-8. 20. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 21. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 22. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 23. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including, but not limited too, perimeter fencing, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat. 24. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not FP-04-066 Exhibit "A" Redfeather Estates SubS. FP.doc Mayor & City Council Hearing Date: November 9, 2004 Page 5 of5 exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 25. Developer shall coordinate mailbox locations with the Meridian Post Office. 26. Staffs failure to cite specific ordinance provisions or terms of the approved annexation preliminary plat, or conditional use permit does not relieve Applicant of responsibility for compliance. RECOMMENDATION Staff recommends approval of the final plat for Redfeather Estates Subdivision No.5 with the above stated comments and conditions. FP.04-066 Exhibit "A" Redfeather Estates SubS. FP.doc <REC;EIVED NOV 0 5 200~ G City Of Meridian I50 East Aiken9~~~Rl~li1feqffice Eagle, 10 83616 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: cs-beckym@qwest.net November 5, 2004 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: Redfeatber Estates Subdivision No.5 File No. FP-04-066 Dear Mayor and Council: We have reviewed the recommendations for the City Council meeting of November 9,2004, and have the following responses: SITE SPECIFIC CONDITIONS OF APPROVAL 1. The applicant will comply. 2. The applicant will comply. United Water will provide the second source based on the fact that the NMlD regional pump station is located within Boise City limits. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8_ The applicant will comply. 9. The applicant will revise the plat notes. 10. The applicant will revise the landscape plan. G\Do~umenL~ and Scttings\grcenl\l.ocal Scttings\T empomry Internet Fllcs\OLK 188\R,"CsRC1Iponseldcc bhihil "nO Mayor and City Count.. November 5, 2004 Page 2 11. The applicant will comply. 12. The applicant will revise the final plat. 13. The applicant will revise the final plat. 14. The applicant will revise th~ final plat. 15. The applicant will revise the final plat 16. The applicant will comply. 17. The applicant will comply. 18. The applicant will comply. 19. The applicant will comply. 20. The applicant will comply. 21. The applicant will comply. 22. The applicant will comply. 23. The applicant will comply. 24. The applicant wiI! comply. 25. The applicant will comply. 27. Noted. We appreciate staff's review of our project. We respectfully request approval of the application for final plat. Thank you. Sincerely, Engineering Solutions, LLP Becky McKay, Partner Project Manager BM:ss cc: Mr. R. Craig Groves C;\Documcnts aud Scltings\gn;t."Ilt\Local SCltings\Tempomry Internel Files\OLK [8S\RccsRe!>-ponsel.doc Exhibit "13" BEFORE THE MERIDIAN CITY COUNCIL C/C November 9, 2004 IN THE MATTER OF THE ) APPLICATION OF PACKARD ) EST A TES, LLC FOR APPROVAL ) OF 57 BUILDING LOTS AND 6 ) OTHER LOTS ON 17.29 ACRES IN ) AN R-8 ZONE LOCATED SOUTH ) OF EAST USTICK ROAD AND ) EAST OF EAGLE ROAD IN A ) RESUBDIVISION OF PORTIONS ) OF LOTS 6,7,8, AND 9, ) GEORGIANNA MILK'S FIRST ) SUBDIVISION AND A PORTION ) OF THE WEST Yz OF THE NE ';4 OF ) T. 3N., R. IE., SECTION 4 CASE NO. FP-04-065 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code 9 12-3-7 on November 9,2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: November 9, 2004, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING REDFEATHER SUBDNISION NO.4 LOCATED IN A RESUBDNISION OF PORTIONS OF LOTS 6,7,8, AND 9 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR RED FEATHER ESTATES SUBDIVISION NO. 4/ (FP-04-065) Page 1 of4 GEORGIANNA MILK'S FIRST SUBDIVISION AND A PORTION OF THE WEST 1i OF THE NE ~ OF T. 3N., R IE., SECTION 4, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, \40302-PLT.DWG 09/28/04 BKB, HANDWRITTEN DATE: 09/28/04, SHEET 1 OF 2, ENGINEERING SOLUTIONS, EAGLE, IDAHO, IDAHO SURVEY GROUP, MERIDIAN, IDAHO", Packard Estates, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City PlalU1er for the PlalUling and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: November 9, 2004, listing 27 SITE SPECIFIC REQUIREMENTS/FINAL PLAT, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of2 pages, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: I. The Plat dimensions are approved by the City Engineer; and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR RED FEATHER ESTATES SUBDIVISION NO. 4/ (FP-04-065) Page 2 of 4 ,. ( 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the qth day of --.Ncvem bev , 2004. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR REDFEATHER ESTATES SUBDIVISION NO.4! (FP-04-065) Page 3 of 4 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: ,jO-hO"-~ 9Jv0 City Clerk's Office Dated: \'L-lO-Ot ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR REDFEATHER ESTATES SUBDNISION NO. 4/ (FP-04-065) Page 4 of 4 j r MAYOR Tammy de Weerd ~ P f CITY OF ~...C:"" VVLerldian~ IDAHO '~, " '!. \' V 1~ / gmc! , , 1903 CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 CITY COUNCIL MEMBERS Keith Bird Christine DOlUlell Shaun Wardle Charles M. Rountree STAFF REPORT: Hearing Date: November 9, 2004 To: Mayor and City Council Sonya Allen, Assistant City Planner rill Bruce Freckleton, Development Services Manager ~ Redfeather Estates Subdivision No.4 From: Re: Request for Final Plat Approval of Fifty-seven (57) Single-Family Residential Building Lots and Six (6) Common Lots on 17.29 Acres in an R-8 Zone for Redfeather Estates Subdivision No.4, by Packard Estates Development, LLC (File No. FP-04-065). We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Packard Estates Development, LLC, has applied for Final Plat approval of 57 single-family residential building lots and 6 common lots on 17.29 acres of land for Redfeather Estates Subdivision No.4. This is a re-subdivision of portions of Lots 6, 7, 8, and 9, Georgianna Milk's First Subdivision. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). This subdivision will have a gross density of 3.3 d.u./acre and a net density of 3.98 d.u./acre. Redfeather Estates Subdivision No.4 is located approximately I,4mile south of E. Ustick Road and Vz mile west of N. Cloverdale Road, in the NE l,4of Section 4, T .3N., R.IE. This is the fourth final plat to be recorded in compliance with the Red Feather Estates Subdivision No.2 preliminary plat. The first preliminary plat (Red Feather Estates Subdivision) and the first final plat are within the corporate limits of the City of Boise. The City of Boise processed and approved those applications. The common area lots within the subdivision consist of landscape, open space, and drainage lots and will be owned and maintained by the Homeowner's Association. The pressurized FP-04-065 Exhibit "A" Redfeather Estates Sub4. FP.doc Mayor & City Council Hearing Date: November 9, 2004 Page 2 of 5 irrigation system within this development is to be owned and maintained by Nampa Meridian Irrigation District. A Conditional Use Permit was approved for this subdivision that allowed for reductions to the minimum requirements for the R-8 zone for the following: lot size (from 6,500 s.t. to 5,250 s.f. - detached), street frontage (from 65-feet to 37-feet & cul-de-sac from 40-feet to 33- feet), and house size (from 1,301 s.t. to 1,200 s.f.). The submitted final plat substantially complies with the approved preliminary plat. A micropath was added on Lot 30, Block 17 between Lots 29 & 31, which contains a sub- surface storm drainage pipe. Staff does not object to this change on the plat. Staff recommends approval of the fmal plat with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS OF APPROVAL I. Applicant shall meet all tenus of the approved Preliminary Plat (PP-03-024), Conditional Use Permit (CUP-03-04l), and Development Agreements (lnst. No's. 104129529 & 104129528) approved for this development. 2. The pressurized irrigation system within this development is to be owned and maintained by Nampa Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Said backup is being supplied by a single point connection within the earlier phases. 3. Sanitary sewer service to this subdivision shall be via an extension from the South Slough Trunk. The applicant will be responsible to construct the sewer mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 4. Municipal water to this site shall be via extensions from existing mains in E. Ustick Road, and N. Eagle Road. Applicant will be responsible to construct the water mains to and through this proposed development, thereby making them available to adjacent properties within the City of Meridian's Urban Services Planning Area. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to FP-04-065 Exhibit "A" Redfeather Estates Sub4. FP .doc Mayor & City Council Hearing Date: November 9; 2004 Page 3 of5 signature on the final plat per Resolution 02-374. 6. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. 7. Temporary construction fencing to contain debris shall be installed along the boundaries of this phase unless permanent fencing already exists at the subdivision boundaries. All fencing shall be in compliance with MCC 12-4-10. 8. Graphically depict a 5-foot wide public utilities, drainage and irrigation easement along the west side of Lot 44, Block 17, and the south side of Lot 32, Block 5, as these will be side lot lines against future phases. 9. Dimension the south side of Lot 24, Block 17, and the southerly segment of the east side of Lot 2, Block 18. 10. Add a 5/8" Rebar symbol to the north point common the Lots 4&5, Block 17. 11. Increase the width of Lots 16 & 18, Block 17 to meet the minimum approved frontage on a cul-de-sac of 33-feet as measured at the chord. 12. A vacation of the 20-foot wide right-of-way easement along the west boundary of Block 14 must be approved prior to signature on the final plat. 13. A License Agreement for the relinquishment and rededication of the Milk's Lateral easement must be approved prior to signature on the final plat. 14. Add or revise the following plat notes: (8.) Each single family structure shall contain a minimum of 1,200 square feet, eKcluding garage. (12.) .....all fencing adjacent to Lo~ 2....15, and 30. Block 17 and Lot 6. Block 18 shall be a maximum. . ." (13.) unless agreed in 'Nriting by l...da County Highway District and the City of Meridian. (15.) (Complete recording information.) 15. Revise the Landscape Plan (dated 10-7-04, prepared by Harvest Design) as follows: a. Micropath shown between Lots 29 & 31, Block 17 must have a 5-foot wide paved surface with landscaping on both sides. b. Include fencing along the micropath shown on Lot 30, Block 17, between Lots 29 & 31 in accordance with MCC 12-13-15-9. FP-04-065 Exhibit "A" Redfeather Estates Sub4. FP.doc Mayor & City Council Hearing Date: November 9,2004 Page 4 of 5 c. There must be a minimum of 5-feet of landscaping between the fence and access road on Lot 15, Block 17. d. The paved access road shown on Lot 15, Block 17 may not encroach into Lot 14, Block 17. e. Include information of the firm who prepared the landscape plan. f. Include contours for all storm water drainage swales. g. All access roads shown on the construction drawings are shown as paved, please reflect this on the landscape plan. h. Also, reflect the 5-foot pathway shown through Lot 6, Block 18 as paved. 16. Any existing domestic wells and/or septic systems within this project shall 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. 17. One-Hundred watt (lOOw), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 18. 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. 19. Coordinate fire hydrant placement with the City of Meridian's Deputy Fire Chief and the Public Works Department. 20. Sidewalks within the proposed subdivision shall be built in accordance with MCC 12- 13-10-8. 21. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 22. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 23. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 24. Street signs are to be in place, water system shall be approved and activated, pressurized FP-04-065 Exhibit "A" Redfeather Estates Sub4. FP .doc Mayor & City Council Hearing Date: November 9,2004 Page 5 of5 irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including, but not limited too, perimeter fencing, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat. 25. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 DO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation ofthe crawl spaces of homes is at least I-foot above. 26. Developer shall coordinate mailbox locations with the Meridian Post Office. 27. Staffs failure to cite specific ordinance provisions or terms of the approved alU1exation preliminary plat, or conditional use permit does not relieve Applicant of responsibility for compliance. RECOMMENDATION Staff recommends approval of the final plat for Redfeather Estates Subdivision No.4 with the above stated comments and conditions. FP-04-065 Exhibit "A" Redfeather Estates Sub4. FP.doc ECEI ~~~. NOV 0 5 2004 City OfMeridil'm 150 East Aikc~'ijHebtlf8ilfttOifiC€ Eagle, ID 83616 Phonc; (208) 938-0980 Fax: (208) 938-..0941 E-mail;es-beckym@qweSl.net November 5, 2004 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, TD 83642 Re: Redfeather Estates Subdivision No.4 File No. FP-04-065 Dear Mayor and Council: We have reviewed the recommendations for the City Council meeting of November 9, 2004, and have the following responses: SITE SPECIFIC CONDITIONS OF APPROVAL 1. The applicant will comply. 2. The applicant will comply. United Water will provide the second source based on the fact that the NMID regional pump station is located within Boise City limits. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will revise the final plat. 9. The applicant will revise the final plat. to. The applicant will revise the final plat. II. The applicant will revise the final plat. C:\Documcnls ami SCllings\gl'cent\Local Setlings\Tcmpor"JI)' Imemc1 Files\OLKIS8\RccsRcsponse.doc Exlllbil "n" Mayor and City Counc.. November 5, 2004 Page 2 ( 12. The applicant submitted the application for vacation to the City on 1115/04. 13. The applicant will comply. 14. The applicant will revise the final plat notes. 15. The applicant will revise the landscape plan. 16. The applicant will comply. 17. The applicant will comply. 18. The applicant will comply. 19. The applicant win comply. 20. The applicant wiU comply. 21. The applicant will comply. 22, The applicant will comply. 23. The applicant will comply. 24. The applicant will comply. 25. The applicant will comply. 26. The applicant will comply. 27. Noted. We appreciate staff's review of our project. We respectfully request approval of the application for final plat. Thank you. Sincerely, Engineering Solutions, LLP Becky McKay, Partner Project Manager BM:ss cc: Mr. R. Craig Groves C:\Doeumel\ls and Scltings\greent\Loclll Sctlings\Tempomry Intcmcl FiICli\OLKI88\RccsRespo/lSc.doc Exhibit "0"